[Rev. 2/6/2019 4:16:12 PM]
κ2003 Statutes of Nevada, Page 2675 (CHAPTER 441, AB 555)κ
Sec. 15. The Department of Personnel shall perform a classification review of the University Police Officer classification series. If the Departments review results in recommendations to increase the grades of the various positions within the University Police Officer classification series, the UCCSN must present the recommendations to the Interim Finance Committee for approval before implementing any grade increases. The Interim Finance Committee may approve the grade increases effective July 1, 2004; however, no additional funding shall be provided during the 2003-2005 biennium.
Sec. 16. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 148Assemblymen Perkins, Leslie, Parks, Gibbons, Knecht, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hardy, Hettrick, Horne, Koivisto, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Pierce, Sherer, Weber and Williams
Joint Sponsors: Senators Care, Carlton, OConnell, Amodei, Cegavske, Hardy, McGinness, Neal, Nolan, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener
CHAPTER 442
AN ACT relating to higher education; requiring the Legislative Auditor to conduct an audit of the University and Community College System of Nevada and the Board of Regents of the University of Nevada; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Legislative Auditor shall conduct an audit of the University and Community College System of Nevada and the Board of Regents of the University of Nevada.
2. The audit must include, without limitation, an analysis of:
(a) Capital construction projects;
(b) The cost of athletic programs, including, without limitation, the sources and uses of money for such programs;
(c) The cost of administration, including, without limitation, personnel, travel and other associated costs;
(d) The utilization of host accounts;
(e) The validity and reliability of enrollment data;
(f) Policies and procedures for the generation and distribution of investment income;
(g) Contracting and bidding procedures, including, without limitation, construction, retrofit and repair projects and the use of shared savings programs to pay for utility costs and energy conservation projects; and
κ2003 Statutes of Nevada, Page 2676 (CHAPTER 442, AB 148)κ
(h) Statewide programs, including, without limitation, program selection, funding and outcomes.
3. The Legislative Auditor shall present a final written report of the audit to the Audit Subcommittee of the Legislative Commission not later than February 7, 2005.
4. The provisions of NRS 218.737 to 218.890, inclusive, apply to the audit conducted pursuant to this section.
Sec. 2. 1. Upon the request of the Legislative Auditor, the University and Community College System of Nevada shall transfer from its budget to the Audit Division of the Legislative Counsel Bureau the sum of $90,000 to carry out the provisions of section 1 of this act.
2. Any remaining balance of the sum transferred pursuant to subsection 1 must not be committed for expenditure after February 7, 2005, and reverts to the University and Community College System of Nevada as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 203Assemblymen Perkins, Collins, Horne, Anderson, Parks, Andonov, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Claborn, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hettrick, Leslie, Mabey, Manendo, Marvel, McCleary, Mortenson, Oceguera, Pierce, Sherer, Weber and Williams
CHAPTER 443
AN ACT relating to higher education; creating the Committee to Evaluate Higher Education Programs; providing for its organization, powers and duties; making an appropriation; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Committee to Evaluate Higher Education Programs, consisting of 12 voting members and 4 nonvoting members, is hereby created.
2. The following persons shall serve as voting members of the Committee:
(a) Three members of the Senate, appointed by the Majority Leader of the Senate;
(b) Three members of the Assembly, appointed by the Speaker of the Assembly;
(c) Three members of the Board of Regents, appointed by the Chairman of that Board; and
(d) Three members appointed by the Governor.
3. The Governor shall appoint the following persons to serve as the nonvoting members of the Committee:
κ2003 Statutes of Nevada, Page 2677 (CHAPTER 443, AB 203)κ
(a) One person who is employed in the Budget Division of the Department of Administration;
(b) Two persons who are employed by the University and Community College System of Nevada; and
(c) One student who is currently enrolled in an institution within the University and Community College System of Nevada.
4. The Chairman of the Legislative Commission shall designate one of the members as Chairman of the Committee.
5. The Director of the Legislative Counsel Bureau shall provide the necessary professional staff and a secretary for the Committee.
6. For each day or portion of a day during which they attend a meeting of the Committee or are otherwise engaged in the business of the Committee:
(a) The voting members of the Committee who are Legislators are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.
(b) The voting members of the Committee who are members of the Board of Regents are entitled to receive travel expenses and a per diem allowance at the rates established in NRS 396.070.
(c) The voting members of the Committee appointed by the Governor are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 2. The Committee shall:
1. Examine and evaluate the need in this state for existing and potential higher education programs to ensure economic progress and development within the State of Nevada and to ensure that the educational needs of its residents are being met;
2. Identify areas of high priority where needs are not currently being met, including, without limitation, the areas of educational programs for students who desire to become nurses or teachers;
3. Determine whether it is feasible to reallocate existing resources within institutions to meet the critical needs of the State of Nevada that are not currently being met;
4. Determine whether appropriations from the State of Nevada and student fee revenues are being efficiently distributed internally at each campus of the University and Community College System of Nevada; and
5. Recommend to the Board of Regents and the Legislature such action as may be needed for the efficient and effective operation of higher education in Nevada if the State is to progress economically and socially.
Sec. 3. The Committee may hold public hearings at such times and places as it deems necessary to afford the general public and representatives of governmental agencies and of organizations interested in higher education an opportunity to present relevant information and recommendations.
Sec. 4. The Committee may employ such educational and financial consultants as it deems necessary for this study.
Sec. 5. The Committee may accept and use all gifts and grants which it receives to further its work.
Sec. 6. 1. There is hereby appropriated from the State General Fund to the Legislative Commission the sum of $250,000 for the purpose of conducting an evaluation of higher education programs as provided in this act.
κ2003 Statutes of Nevada, Page 2678 (CHAPTER 443, AB 203)κ
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after December 31, 2004, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 7. The Committee shall submit to the Board of Regents, Legislative Committee on Education and Legislative Commission a report of its findings and any recommendations for legislation before the commencement of the 73rd Session of the Legislature.
Sec. 8. This act becomes effective on July 1, 2003, and expires by limitation on February 1, 2005.
________
Assembly Bill No. 23Assemblyman Perkins
CHAPTER 444
AN ACT relating to public officers; increasing the compensation of certain elected county officers; authorizing a board of county commissioners to set the annual salary for a county commissioner of that county within certain limitations; authorizing a county to request and receive a waiver from the increases in compensation of certain elected county officers in the event of insufficient financial resources; providing that a waiver may not be applied for in certain circumstances; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the Mayor and supervisors of Carson City.
2. Except as otherwise provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.
ANNUAL SALARIES
[County] District County County County County Public
Class County [Commissioner] Attorney Sheriff Clerk Assessor Recorder Treasurer Administrator
1 Clark [$54,000 $100,800 $84,000 $72,000 $72,000 $72,000 $72,000 $72,000]
$155,745 $134,263 $91,138 $91,138 $91,138 $91,138 $91,138
κ2003 Statutes of Nevada, Page 2679 (CHAPTER 444, AB 23)κ
2 Washoe [39,600 96,000 78,000 66,000 66,000 66,000 66,000 66,000]
137,485 110,632 83,543 83,543 83,543 83,543 83,543
3 Carson City [18,000 72,360 60,000 51,360 51,360 -------- 51,360 --------]
98,707 81,846 65,012 65,012 -------- 65,012 --------
Churchill [18,000 72,360 60,000 51,360 51,360 51,360 -------- --------]
98,707 81,846 65,012 65,012 65,012 -------- --------
Douglas [18,000 72,360 60,000 51,360 51,360 51,360 -------- --------]
98,707 81,846 65,012 65,012 65,012 -------- --------
Elko [18,000 72,360 60,000 51,360 51,360 51,360 51,360 --------]
98,707 81,846 65,012 65,012 65,012 65,012 --------
Humboldt 98,707 81,846 65,012 65,012 65,012 65,012 --------
Lyon [18,000 72,360 60,000 51,360 51,360 51,360 -------- --------]
98,707 81,846 65,012 65,012 65,012 -------- --------
Nye [18,000 72,360 60,000 51,360 51,360 51,360 51,360 --------]
98,707 81,846 65,012 65,012 65,012 65,012 --------
[4 Humboldt 18,000 68,340 54,000 42,840 42,840 42,840 42,840 --------]
4 Lander [18,000 68,340 54,000 42,840 42,840 42,840 42,840 --------]
93,223 73,662 54,227 54,227 54,227 54,227 --------
White Pine [18,000 68,340 54,000 42,840 42,840 42,840 42,840 --------]
93,223 73,662 54,227 54,227 54,227 54,227 --------
5 Eureka [15,240 60,300 43,200 38,400 38,400 38,400 -------- --------]
82,256 58,929 48,607 48,607 48,607 -------- --------
Lincoln [15,240 60,300 43,200 38,400 38,400 38,400 38,400 --------]
82,256 58,929 48,607 48,607 48,607 48,607 --------
Mineral [15,240 60,300 43,200 38,400 38,400 38,400 -------- --------]
82,256 58,929 48,607 48,607 48,607 -------- --------
Pershing [15,240 60,300 43,200 38,400 38,400 38,400 -------- --------]
82,256 58,929 48,607 48,607 48,607 -------- --------
Storey 82,256 58,929 48,607 48,607 48,607 -------- --------
6 Esmeralda [12,000 47,880 38,400 33,600 33,600 33,600 -------- --------]
65,314 52,382 42,531 42,531 42,531 -------- --------
[Storey 15,240 47,880 43,200 38,400 38,400 38,400 -------- --------]
3. A board of county commissioners may, by a vote of at least a majority of all the members of the board, set the annual salary for the county commissioners of that county, but in no event may the annual salary exceed an amount which equals 126.65 percent of the amount of the annual salary for the county commissioners of that county that was in effect by operation of statute on January 1, 2003.
Sec. 2. Except as otherwise provided in section 3 of this act, each county shall commence payment of the increased annual salaries of the elected officers of the county set forth in the table of annual salaries contained in subsection 2 of NRS 245.043, as amended by section 1 of this act, on July 1, 2003.
Sec. 3. 1. Except as otherwise provided in subsection 3, a board of county commissioners may apply to the Committee on Local Government Finance for a waiver from the requirement to increase the annual salaries of elected officers of the county to the annual salaries set forth in the table contained in subsection 2 of NRS 245.043, as amended by section 1 of this act, if the board determines that the financial resources of the county are insufficient to pay those increased annual salaries in Fiscal Year 2003-2004.
κ2003 Statutes of Nevada, Page 2680 (CHAPTER 444, AB 23)κ
act, if the board determines that the financial resources of the county are insufficient to pay those increased annual salaries in Fiscal Year 2003-2004. The Committee on Local Government Finance shall grant such a waiver if it finds that the financial resources of the county are insufficient to pay those increased annual salaries in Fiscal Year 2003-2004.
2. A board of county commissioners that has been granted a waiver for a fiscal year may apply to the Committee on Local Government Finance for an additional waiver for the next consecutive fiscal year if it finds that the financial resources of the county continue to be insufficient to pay the increased annual salaries of the elected officers of the county set forth in the table contained in subsection 2 of NRS 245.043, as amended by section 1 of this act. There is no limitation on the number of waivers for consecutive fiscal years that the board of county commissioners may be granted if the board of county commissioners finds that the financial resources of the county continue to be insufficient to pay the increased annual salaries of the elected officers of the county set forth in the table contained in subsection 2 of NRS 245.043, as amended by section 1 of this act, in that fiscal year.
3. After commencing payment of the increased annual salaries of the elected officers of the county set forth in the table contained in subsection 2 of NRS 245.043, as amended by section 1 of this act, a board of county commissioners may not apply for a waiver in any subsequent fiscal year.
4. The increased annual salaries of the elected officers of the county set forth in the table contained in subsection 2 of NRS 245.043, as amended by section 1 of this act, must not be paid retroactively for a period to which a waiver granted pursuant to subsection 1 is applicable.
Sec. 4. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 5. This act becomes effective on July 1, 2003.
________
Senate Bill No. 301Senator Townsend
CHAPTER 445
AN ACT relating to mental health; creating the Nevada Mental Health Plan Implementation Commission to develop an action plan for implementing the recommendations of the Presidents New Freedom Commission on Mental Health in this state; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Nevada Mental Health Plan Implementation Commission is hereby created.
2. The Commission consists of:
(a) Three members of the Senate who are appointed by the Majority Leader of the Senate;
κ2003 Statutes of Nevada, Page 2681 (CHAPTER 445, SB 301)κ
(b) Three members of the Assembly who are appointed by the Speaker of the Assembly;
(c) The Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources, or his designee;
(d) The Chief of the Bureau of Alcohol and Drug Abuse within the Health Division of the Department of Human Resources, or his designee;
(e) The Administrator of the Division of Health Care Financing and Policy of the Department of Human Resources, or his designee; and
(f) The Administrator of the Division of Child and Family Services of the Department of Human Resources, or his designee.
3. At its first meeting, the members of the Commission shall elect a chair from among its members.
Sec. 2. 1. The members of the Nevada Mental Health Plan Implementation Commission serve on the Commission for 6 months beginning on the day the Presidents New Freedom Commission on Mental Health Report is made public.
2. A vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment.
3. The Commission shall meet at the times and places specified by a call of the Chair of the Commission.
4. A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Commission.
Sec. 3. 1. Except during a regular or special session of the Legislature, for each day or portion of a day during which a member of the Commission who is a Legislator attends a meeting of the Commission or is otherwise engaged in the work of the Commission, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the legislative members of the Commission must be paid from the Legislative Fund.
2. Members of the Nevada Mental Health Plan Implementation Commission who are not Legislators serve without compensation, except that a member of the Commission is entitled, while engaged in the business of the Commission, to receive the per diem allowance and travel expenses provided for state officers and employees generally.
3. Each member of the Commission who is an officer or employee of the State of Nevada or a local government must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. A state agency or local governmental entity shall not require an officer or employee who is a member of the Commission to make up the time that he is absent from work to carry out his duties as a member of the Commission or to use annual vacation or compensatory time for the absence.
κ2003 Statutes of Nevada, Page 2682 (CHAPTER 445, SB 301)κ
Sec. 4. 1. The Nevada Mental Health Plan Implementation Commission shall:
(a) Determine how Nevada will implement the recommendations of the Presidents New Freedom Commission on Mental Health to enable adults with serious mental illnesses and children with serious emotional disturbances to live, work, learn and participate fully in their communities; and
(b) Develop an action plan for implementing the recommendations in this state.
2. The Commission shall submit a report setting forth the action plan developed pursuant to this section to the Interim Finance Committee, the Subcommittee to Study Mental Health Issues of the Legislative Committee on Health Care and the Governor on or before January 1, 2005.
Sec. 5. This act becomes effective on July 1, 2003, and expires by limitation on January 1, 2005.
________
Senate Bill No. 499Committee on Finance
CHAPTER 446
AN ACT making appropriations to the Interim Finance Committee for allocation to state entities for radio system costs, infrastructure upgrades and user equipment; additionally making available for such purposes certain funds in the forfeiture accounts administered by the State Treasurer; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State Highway Fund the sum of $14,656,066 to the Interim Finance Committee for allocation to state entities that receive appropriations or authorizations from the State Highway Fund for radio system costs, infrastructure upgrades and user equipment.
2. There is hereby appropriated from the State General Fund the sum of $1,500,000 to the Interim Finance Committee for allocation to state entities that receive appropriations or authorizations from the State General Fund for radio system costs, infrastructure upgrades and user equipment.
Sec. 2. In addition to the sum made available for allocation pursuant to subsection 2 of section 1 of this act, the Interim Finance Committee is hereby authorized, for the purpose of assisting the state entities described in that subsection, to expend for allocation pursuant to section 3 of this act:
1. Three hundred thousand dollars from the forfeiture accounts administered by the State Treasurer pursuant to NRS 179.1187; and
2. Such additional amounts from the forfeiture accounts administered by the State Treasurer pursuant to NRS 178.1187 as may be available in those accounts on or before June 30, 2005.
Sec. 3. 1. A state entity may submit a request to the State Board of Examiners for an allocation by the Interim Finance Committee of the money:
κ2003 Statutes of Nevada, Page 2683 (CHAPTER 446, SB 499)κ
(a) Appropriated by section 1 of this act; and
(b) If the state entity is a state entity described in subsection 2 of section 1 of this act, authorized for expenditure pursuant to section 2 of this act.
2. The State Board of Examiners shall consider the request, may require such additional information as they deem appropriate and shall, if it finds that an allocation should be made, recommend the amount of the allocation to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.
3. If the Interim Finance Committee, after independent determination, finds that an allocation recommended by the State Board of Examiners should and may lawfully be made, the Committee shall by resolution establish the amount and purpose of the allocation, and direct the State Controller to transfer that amount to the appropriate fund and account. The State Controller shall thereupon make the transfer.
4. With respect to the state entities described in subsection 2 of section 1 of this act:
(a) The State Board of Examiners and the Interim Finance Committee shall, in determining whether an allocation should be made from the sum appropriated pursuant to that subsection, consider whether additional money is available for use from the forfeiture accounts administered by the State Treasurer pursuant to NRS 179.1187.
(b) The Interim Finance Committee shall, in granting allocations to such state entities, apply the following preference:
(1) To first pay for such allocations from the proceeds available from the forfeiture accounts administered by the State Treasurer pursuant to NRS 179.1187; and
(2) To pay for such allocations secondarily by using the proceeds appropriated from the State General Fund as described in subsection 2 of section 1 of this act.
Sec. 4. The sums appropriated by section 1 of this act are available for either fiscal year. Any remaining balance of the sums appropriated by section 1 of this act must not be allocated by the Interim Finance Committee after June 30, 2005, and reverts to the State Highway Fund and to the State General Fund, respectively, as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 2684κ
Assembly Bill No. 55Assemblymen Anderson, Parks, Buckley, Claborn, Conklin, Horne, Manendo, Oceguera and Williams (by request)
CHAPTER 447
AN ACT relating to convicted persons; expanding the crimes for which a defendant is required to submit a biological specimen when he is found guilty; providing for the immediate restoration of the civil right to vote and to sit as a juror in a civil action and for the automatic restoration of certain other civil rights of certain ex-felons on specified future dates; providing for the automatic restoration of the civil rights of a person whose records of conviction are sealed; limiting the persons who are required to register as convicted persons; prohibiting a law enforcement agency from requiring a convicted person to carry a registration card; revising the provisions governing the employment of certain convicted felons; revising the provisions governing the certification and licensure of certain convicted felons in certain professions and occupations; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.0913 is hereby amended to read as follows:
176.0913 1. If a defendant is convicted of an offense listed in subsection 4, the court, at sentencing, shall order that:
(a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the Central Repository for Nevada Records of Criminal History; and
(b) A biological specimen be obtained from the defendant pursuant to the provisions of this section and that the specimen be used for an analysis to determine the genetic markers of the specimen.
2. If the defendant is committed to the custody of the Department of Corrections, the Department of Corrections shall arrange for the biological specimen to be obtained from the defendant. The Department of Corrections shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.
3. If the defendant is not committed to the custody of the Department of Corrections, the Division shall arrange for the biological specimen to be obtained from the defendant. The Division shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917. Any cost that is incurred to obtain a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in NRS 176.0915.
4. [The] Except as otherwise provided in subsection 5, the provisions of subsection 1 apply to a defendant who is convicted of:
(a) A category A felony;
κ2003 Statutes of Nevada, Page 2685 (CHAPTER 447, AB 55)κ
(b) A category B felony;
(c) A category C felony involving the use or threatened use of force or violence against the victim;
(d) A crime against a child as defined in NRS 179D.210;
(e) A sexual offense as defined in NRS 179D.410;
(f) Abuse or neglect of an older person pursuant to NRS 200.5099;
(g) A second or subsequent offense for stalking pursuant to NRS 200.575; [or]
(h) An attempt or conspiracy to commit an offense listed in [this subsection.] paragraphs (a) to (g), inclusive;
Κ (i) Failing to register with a local law enforcement agency as a convicted person as required pursuant to NRS 179C.100, if the defendant previously was:
(1) Convicted in this state of committing an offense listed in paragraph (a), (b), (c), (f), (g) or (h); or
(2) Convicted in another jurisdiction of committing an offense that would constitute an offense listed in paragraph (a), (b), (c), (f), (g) or (h) if committed in this state;
(j) Failing to register with a local law enforcement agency after being convicted of a crime against a child as required pursuant to NRS 179D.240; or
(k) Failing to register with a local law enforcement agency after being convicted of a sexual offense as required pursuant to NRS 179D.450.
5. A court shall not order a biological specimen to be obtained from a defendant who has previously submitted such a specimen for conviction of a prior offense unless the court determines that an additional sample is necessary.
Sec. 2. NRS 176A.850 is hereby amended to read as follows:
176A.850 1. A person who:
(a) Has fulfilled the conditions of his probation for the entire period thereof;
(b) Is recommended for earlier discharge by the Division; or
(c) Has demonstrated his fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court,
may be granted an honorable discharge from probation by order of the court.
2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.
3. [A] Except as otherwise provided in subsection 4, a person who has been honorably discharged from probation:
(a) Is free from the terms and conditions of his probation . [;
(b) If he meets the requirements of NRS 176A.860, may apply to the Division to request a restoration of his civil rights; and
(c)] (b) Is immediately restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(c) Four years after the date of his honorable discharge from probation, is restored to the right to hold office.
(d) Six years after the date of his honorable discharge from probation, is restored to the right to serve as a juror in a criminal action.
κ2003 Statutes of Nevada, Page 2686 (CHAPTER 447, AB 55)κ
(e) If he meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to his conviction.
[The person must]
(f) Must be informed of the provisions of this section and NRS [176A.860 and] 179.245 in his probation papers.
[4. A person honorably discharged from probation who has had his civil rights restored by the court:
(a)] (g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.
[(b) May vote, hold office or serve as a juror.
(c)] (h) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, establishment has the meaning ascribed to it in NRS 463.0148.
[(d)] (i) Except as otherwise provided in paragraph [(c),] (h), need not disclose the conviction to an employer or prospective employer.
[5.] 4. Except as otherwise provided in this subsection, the civil rights set forth in subsection 3 are not restored to a person honorably discharged from probation if the person has previously been convicted in this state:
(a) Of a category A felony.
(b) Of an offense that would constitute a category A felony if committed as of the date of his honorable discharge from probation.
(c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.
(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his honorable discharge from probation.
(e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
A person described in this subsection may petition the court in which the person was convicted for an order granting the restoration of his civil rights as set forth in subsection 3.
5. The prior conviction of a person [whose civil rights have been restored or] who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person , [who has had his civil rights restored or who has been honorably discharged from probation,] the prior conviction may be pleaded and proved if otherwise admissible.
6. Except for a person subject to the limitations set forth in subsection 4, upon his honorable discharge from probation, the person so discharged must be given an official document which provides:
(a) That he has received an honorable discharge from probation;
(b) That he has been restored to his civil rights to vote and to serve as a juror in a civil action as of the date of his honorable discharge from probation;
(c) The date on which his civil right to hold office will be restored to him pursuant to paragraph (c) of subsection 3; and
κ2003 Statutes of Nevada, Page 2687 (CHAPTER 447, AB 55)κ
(d) The date on which his civil right to serve as a juror in a criminal action will be restored to him pursuant to paragraph (d) of subsection 3.
7. Subject to the limitations set forth in subsection 4, a person who has been honorably discharged from probation in this state or elsewhere and whose official documentation of his honorable discharge from probation is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been honorably discharged from probation and is eligible to be restored to the civil rights set forth in subsection 3, the court shall issue an order restoring the person to the civil rights set forth in subsection 3. A person must not be required to pay a fee to receive such an order.
8. A person who has been honorably discharged from probation in this state or elsewhere may present:
(a) Official documentation of his honorable discharge from probation, if it contains the provisions set forth in subsection 6; or
(b) A court order restoring his civil rights,
as proof that he has been restored to the civil rights set forth in subsection 3.
Sec. 3. NRS 179.285 is hereby amended to read as follows:
179.285 Except as otherwise provided in NRS 179.301 [, if] :
1. If the court orders a record sealed pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or 453.3365:
[1.] (a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry , including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.
[2. The court shall order the civil rights of the person to whom the order pertains to be restored if the person has not been restored to his civil rights.]
(b) The person is immediately restored to the following civil rights if his civil rights previously have not been restored:
(1) The right to vote;
(2) The right to hold office; and
(3) The right to serve on a jury.
2. Upon the sealing of his records, a person who is restored to his civil rights must be given an official document which demonstrates that he has been restored to the civil rights set forth in paragraph (b) of subsection 1.
3. A person who has had his records sealed in this state or any other state and whose official documentation of the restoration of his civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has had his records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury. A person must not be required to pay a fee to receive such an order.
4. A person who has had his records sealed in this state or any other state may present official documentation that he has been restored to his civil rights or a court order restoring his civil rights as proof that he has been restored to the right to vote, to hold office and to serve as a juror.
κ2003 Statutes of Nevada, Page 2688 (CHAPTER 447, AB 55)κ
Sec. 4. NRS 179.301 is hereby amended to read as follows:
179.301 1. The State Gaming Control Board and the Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, for purposes of determining the suitability or qualifications of any person to hold a state gaming license, manufacturers, sellers or distributors license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records [may] :
(a) May form the basis for recommendation, denial or revocation of those licenses . [or work permits.]
(b) Must not form the basis for denial or rejection of a gaming work permit unless the event or conviction relates to the applicants suitability or qualifications to hold the work permit.
2. The Central Repository for Nevada Records of Criminal History and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.180 to 179A.240, inclusive.
3. Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of NRS by an officer or employee of the Central Repository or a law enforcement officer in the regular course of his duties.
Sec. 5. NRS 179C.010 is hereby amended to read as follows:
179C.010 1. Except as otherwise provided in subsection 2, as used in this chapter, unless the context otherwise requires, convicted person means:
(a) A person convicted in the State of Nevada [of an offense that is punishable as a felony] or convicted in any place other than the State of Nevada of [a felony;
(b) A person convicted in the State of Nevada, or elsewhere, of the violation of a law, regardless of whether the violation is punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of a habit-forming drug of the kind or character described and referred to in the Uniform Controlled Substances Act;
(2) Regulating or prohibiting the carrying, possession or ownership of a concealed weapon, deadly weapon or weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of a device, instrument or attachment designed or intended to be used to silence the report or conceal the discharge or flash of any firearm; or
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, that may be used to disable temporarily or permanently a human being; or
(c) A person convicted in the State of Nevada, or elsewhere, of an attempt or a conspiracy to commit an offense described or referred to in this subsection.] two or more offenses punishable as felonies.
(b) A person convicted in the State of Nevada of an offense punishable as a category A felony.
κ2003 Statutes of Nevada, Page 2689 (CHAPTER 447, AB 55)κ
(c) A person convicted in the State of Nevada or convicted in any place other than the State of Nevada of a crime that would constitute a category A felony if committed in this state on July 1, 2003.
2. For the purposes of this chapter, convicted person does not include:
(a) A person who has been convicted of a crime against a child, as defined in NRS 179D.210, or a sexual offense, as defined in NRS 179D.410; or
(b) Except as otherwise provided in this chapter, a person whose conviction is or has been set aside in the manner provided by law.
Sec. 6. NRS 179C.100 is hereby amended to read as follows:
179C.100 1. It is unlawful for a convicted person to be or remain in the State of Nevada for a period of more than 48 hours without, during such 48-hour period, registering with the sheriff of a county or the chief of police of a city in the manner prescribed in this section.
2. A convicted person who does not reside in the State of Nevada but who has a temporary or permanent place of abode outside the State of Nevada, and who comes into the State on five occasions or more during any 30-day period, is subject to the provisions of this chapter.
3. A person who has registered as a convicted person with the sheriff of a county or the chief of police of a city shall register again as provided in this section if he subsequently commits another offense described or referred to in this chapter.
4. A person required by this section to register shall do so by filing with the sheriff or chief of police a statement in writing, upon a form prescribed and furnished by the sheriff or chief of police, which is signed by the person and which provides the following information:
(a) His true name and each alias that he has used or under which he may have been known;
(b) A full and complete description of his person;
(c) The kind, character and nature of each crime of which he has been convicted;
(d) The place in which he was convicted of each crime;
(e) The name under which he was convicted in each instance and the date thereof;
(f) The name, if any, and the location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced;
(g) The location and address of his residence, stopping place, living quarters or place of abode, and if more than one residence, stopping place or place of abode, that fact must be stated and the location and address of each given;
(h) The kind of residence, stopping place, or place of abode in which he resides, including whether it is a private residence, hotel, apartment house or other building or structure;
(i) The length of time he has occupied each place of residence, stopping place or place of abode, and the length of time he expects or intends to remain in the State of Nevada; and
(j) Any further information that may be required by the sheriff or chief of police for the purpose of aiding and assisting in carrying into effect the provisions and intent of this chapter.
κ2003 Statutes of Nevada, Page 2690 (CHAPTER 447, AB 55)κ
5. The sheriff of a county or the chief of police of a city shall not require a convicted person to carry a registration card, and no convicted person who is required to register pursuant to this section may be punished for the failure to carry a registration card.
6. When so ordered in the individual case by the district court in which the conviction was obtained, by the State Board of Parole Commissioners or by the State Board of Pardons Commissioners, whichever is appropriate, the provisions of this section do not apply to a convicted person who has had his civil rights restored.
Sec. 7. NRS 6.010 is hereby amended to read as follows:
6.010 [Every] Except as otherwise provided in this section, every qualified elector of the State, whether registered or not, who has sufficient knowledge of the English language, and who has not been convicted of treason, a felony, or other infamous crime, and who is not rendered incapable by reason of physical or mental infirmity, is a qualified juror of the county in which he resides. A person who has been convicted of a felony is not a qualified juror of the county in which he resides until his civil right to serve as a juror has been restored pursuant to NRS 176A.850, 179.285, 213.090, 213.155 or 213.157.
Sec. 8. NRS 119A.230 is hereby amended to read as follows:
119A.230 1. The Administrator may impose a fine or suspend, revoke, reissue, subject to conditions, or deny the renewal of any sales agents license issued under the provisions of this chapter at any time if the sales agent has, by false or fraudulent application or representation, obtained a license or, whether or not acting as a sales agent, is found guilty of:
(a) Making any material misrepresentation;
(b) Making any false promises of a character likely to influence, persuade or induce;
(c) Engaging in any fraudulent, misleading or oppressive sales techniques or tactics;
(d) Accepting a commission or valuable consideration as a sales agent for the performance of any of the acts specified in this chapter from any person except a licensed project broker with whom the sales agent is associated or the developer by whom he is employed;
(e) Failing, within a reasonable time, to account for or remit or turn over to the project broker any money which comes into his possession and which belongs to others;
(f) Violating any of the provisions of this chapter or chapter 119B of NRS or of any regulation adopted pursuant to either chapter, or willfully aiding or abetting another to do so; or
(g) A felony relating to the practice of a sales agent or other crime of moral turpitude or has entered a plea of nolo contendere to a felony relating to the practice of a sales agent or other crime of moral turpitude.
2. The Administrator may investigate the actions of any sales agent or any person who acts in such a capacity within the State of Nevada.
Sec. 9. NRS 138.020 is hereby amended to read as follows:
138.020 1. No person is qualified to serve as an executor who, at the time the will is probated:
(a) Is under the age of majority;
(b) Has been convicted of a felony [;] relating to the position of an executor;
κ2003 Statutes of Nevada, Page 2691 (CHAPTER 447, AB 55)κ
(c) Upon proof, is adjudged by the court disqualified to execute the duties of executor by reason of drunkenness, improvidence or lack of integrity or understanding; or
(d) Is a bank not authorized to do business in the State of Nevada, unless it associates as coexecutor a bank authorized to do business in this state. An out-of-state bank is qualified to appoint a substitute executor, pursuant to NRS 138.045, without forming such an association, but any natural person so appointed must be a resident of this state.
2. If a disqualified person is named as the sole executor in a will, or if all persons so named are disqualified or renounce their right to act, or fail to appear and qualify, letters of administration with the will annexed must issue.
Sec. 10. NRS 139.010 is hereby amended to read as follows:
139.010 No person is entitled to letters of administration who:
1. Is under the age of majority;
2. Has been convicted of a felony [;] relating to the position of an administrator;
3. Upon proof, is adjudged by the court disqualified by reason of conflict of interest, drunkenness, improvidence, or lack of integrity or understanding; or
4. Is not a resident of the State of Nevada and who does not associate as coadministrator a resident of the State of Nevada or which, in the case of a banking corporation, is not authorized to do business in this state and does not associate as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this state.
Sec. 11. NRS 159.059 is hereby amended to read as follows:
159.059 Any qualified person or entity that the court finds suitable may serve as a guardian. A person is not qualified to serve as a guardian who:
1. Is an incompetent.
2. Is a minor.
3. Has been convicted of a felony [.] relating to the position of a guardian.
4. Has been suspended for misconduct or disbarred from the practice of law during the period of the suspension or disbarment.
5. Is a nonresident of this state and has not:
(a) Associated as a coguardian, a resident of this state or a banking corporation whose principal place of business is in this state; and
(b) Caused the appointment to be filed in the guardianship proceeding.
6. Has been judicially determined, by clear and convincing evidence, to have committed abuse, neglect or exploitation of a child, spouse, parent or other adult.
Sec. 12. NRS 202.760 is hereby amended to read as follows:
202.760 It is unlawful for any person:
1. Who is under indictment for, or has been convicted in any court of, a crime relating to the practice of shipping or transporting explosives that is punishable by imprisonment for a term exceeding 1 year;
2. Who is a fugitive from justice;
3. Who is an unlawful user of or addicted to any depressant or stimulant drug or any controlled substance; or
4. Who has been judicially declared mentally ill or who has been committed to a hospital as mentally ill,to ship or transport any explosive within the State or to receive any explosive which has been shipped or transported within the State.
κ2003 Statutes of Nevada, Page 2692 (CHAPTER 447, AB 55)κ
to ship or transport any explosive within the State or to receive any explosive which has been shipped or transported within the State.
Sec. 13. NRS 213.090 is hereby amended to read as follows:
213.090 1. [When a pardon] Except as otherwise provided in subsection 2, a person who is granted a pardon for any offense committed [, the pardon may or may not include restoration of civil rights. If the pardon includes restoration of civil rights, it must be so stated in the instrument or certificate of pardon and, when granted upon conditions, limitations or restrictions, they must be fully set forth in the instrument.
2. In any case where a convicted person has received a pardon without immediate restoration of his civil rights, he may apply to the State Board of Pardons Commissioners for restoration of his civil rights and release from penalties and disabilities resulting from the offense or crime of which he was convicted.
3. Upon receiving an application pursuant to subsection 2, the Board shall determine whether the applicant has received a pardon. If the Board determines that the applicant has received a pardon, the Board shall, as soon as reasonably practicable, restore him to his civil rights and release him from all penalties and disabilities resulting from the offense or crime of which he was convicted.
4. An applicant] :
(a) Is immediately restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(b) Four years after the date that his pardon is granted, is restored to the right to hold office.
(c) Six years after the date that his pardon is granted, is restored to the right to serve as a juror in a criminal action.
2. Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has been granted a pardon if the person has previously been convicted in this state:
(a) Of a category A felony.
(b) Of an offense that would constitute a category A felony if committed as of the date that his pardon is granted.
(c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.
(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date that his pardon is granted.
(e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
A person described in this subsection may petition the court in which the person was convicted for an order granting the restoration of his civil rights as set forth in subsection 1.
3. Except for a person subject to the limitations set forth in subsection 2, upon receiving a pardon, a person so pardoned must be given an official document which provides:
(a) That he has been granted a pardon;
κ2003 Statutes of Nevada, Page 2693 (CHAPTER 447, AB 55)κ
(b) That he has been restored to his civil rights to vote and to serve as a juror in a civil action as of the date that his pardon is granted;
(c) The date on which his civil right to hold office will be restored to him pursuant to paragraph (b) of subsection 1; and
(d) The date on which his civil right to serve as a juror in a criminal action will be restored to him pursuant to paragraph (c) of subsection 1.
4. Subject to the limitations set forth in subsection 2, a person who has been granted a pardon in this state or elsewhere and whose official documentation of his pardon is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been granted a pardon and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to [have his civil rights restored or to be released from penalties and disabilities pursuant to this section.] receive such an order.
5. A person who has been granted a pardon in this state or elsewhere may present:
(a) Official documentation of his pardon, if it contains the provisions set forth in subsection 3; or
(b) A court order restoring his civil rights,
as proof that he has been restored to the civil rights set forth in subsection 1.
Sec. 14. NRS 213.155 is hereby amended to read as follows:
213.155 1. [The Board may restore a paroled prisoner to his civil rights, conditioned upon the prisoner receiving] Except as otherwise provided in subsection 2, a person who receives an honorable discharge from parole pursuant to NRS 213.154 [. Such restoration must take effect at the expiration of the parole of the prisoner.
2. In any case where a convicted person has completed his parole without immediate restoration of his civil rights and has been issued an honorable discharge from parole pursuant to NRS 213.154, he may apply to the Division to request a restoration of his civil rights and release from penalties and disabilities which resulted from the offense or crime of which he was convicted.
3. Upon receiving an application pursuant to subsection 2, the Division shall determine whether the applicant has received an honorable discharge from parole. If the Division determines that the applicant has received an honorable discharge, the Division shall forward the application to the Board.
4. Upon receiving an application pursuant to subsection 3, the Board shall, as soon as reasonably practicable, restore the applicant to his civil rights and release him from all penalties and disabilities resulting from the offense or crime of which he was convicted.
5. An applicant] :
(a) Is immediately restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(b) Four years after the date of his honorable discharge from parole, is restored to the right to hold office.
(c) Six years after the date of his honorable discharge from parole, is restored to the right to serve as a juror in a criminal action.
κ2003 Statutes of Nevada, Page 2694 (CHAPTER 447, AB 55)κ
2. Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has received an honorable discharge from parole if the person has previously been convicted in this state:
(a) Of a category A felony.
(b) Of an offense that would constitute a category A felony if committed as of the date of his honorable discharge from parole.
(c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.
(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his honorable discharge from parole.
(e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
A person described in this subsection may petition the court in which the person was convicted for an order granting the restoration of his civil rights as set forth in subsection 1.
3. Except for a person subject to the limitations set forth in subsection 2, upon his honorable discharge from parole, a person so discharged must be given an official document which provides:
(a) That he has received an honorable discharge from parole;
(b) That he has been restored to his civil rights to vote and to serve as a juror in a civil action as of the date of his honorable discharge from parole;
(c) The date on which his civil right to hold office will be restored to him pursuant to paragraph (b) of subsection 1; and
(d) The date on which his civil right to serve as a juror in a criminal action will be restored to him pursuant to paragraph (c) of subsection 1.
4. Subject to the limitations set forth in subsection 2, a person who has been honorably discharged from parole in this state or elsewhere and whose official documentation of his honorable discharge from parole is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been honorably discharged from parole and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to [have his civil rights restored or to be released from penalties and disabilities pursuant to this section.
6.] receive such an order.
5. A person who has been honorably discharged from parole in this state or elsewhere may present:
(a) Official documentation of his honorable discharge from parole, if it contains the provisions set forth in subsection 3; or
(b) A court order restoring his civil rights,
as proof that he has been restored to the civil rights set forth in subsection 1.
κ2003 Statutes of Nevada, Page 2695 (CHAPTER 447, AB 55)κ
6. The Board may adopt regulations necessary or convenient for the purposes of this section.
Sec. 15. NRS 213.157 is hereby amended to read as follows:
213.157 1. [In any case where a] Except as otherwise provided in subsection 2, a person convicted of a felony in the State of Nevada who has served his sentence and has been released from prison [, he may apply to the Division requesting restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted.
2. Upon receiving an application pursuant to subsection 1, the Division shall determine whether the applicant has served his sentence and been released from prison. If the division determines that the applicant has served his sentence and been released from prison, the Division shall forward the application to the district court in which the conviction was obtained.
3. Upon receiving an application pursuant to subsection 2, the court shall, as soon as reasonably practicable, restore the civil rights of the applicant and release him from all penalties and disabilities which resulted from the offense or crime of which he was convicted.
4. An applicant] :
(a) Is immediately restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(b) Four years after the date of his release from prison, is restored to the right to hold office.
(c) Six years after the date of his release from prison, is restored to the right to serve as a juror in a criminal action.
2. Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has been released from prison if the person has previously been convicted in this state:
(a) Of a category A felony.
(b) Of an offense that would constitute a category A felony if committed as of the date of his release from prison.
(c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.
(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his release from prison.
(e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
A person described in this subsection may petition the court in which the person was convicted for an order granting the restoration of his civil rights as set forth in subsection 1.
3. Except for a person subject to the limitations set forth in subsection 2, upon his release from prison, a person so released must be given an official document which provides:
(a) That he has been released from prison;
(b) That he has been restored to his civil rights to vote and to serve as a juror in a civil action as of the date of his release from prison;
κ2003 Statutes of Nevada, Page 2696 (CHAPTER 447, AB 55)κ
(c) The date on which his civil right to hold office will be restored to him pursuant to paragraph (b) of subsection 1; and
(d) The date on which his civil right to serve as a juror in a criminal action will be restored to him pursuant to paragraph (c) of subsection 1.
4. Subject to the limitations set forth in subsection 2, a person who has been released from prison in this state or elsewhere and whose official documentation of his release from prison is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been released from prison and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to [have his civil rights restored or to be released from penalties and disabilities pursuant to this section.] receive such an order.
5. A person who has been released from prison in this state or elsewhere may present:
(a) Official documentation of his release from prison, if it contains the provisions set forth in subsection 3; or
(b) A court order restoring his civil rights,
as proof that he has been restored to the civil rights set forth in subsection 1.
Sec. 16. NRS 248.010 is hereby amended to read as follows:
248.010 1. Sheriffs [shall] must be elected by the qualified electors of their respective counties.
2. Sheriffs [shall] must be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective offices on the [1st] first Monday of January subsequent to their election.
3. A person who has been convicted of a felony in this state or any other state is not qualified to be a candidate for or elected or appointed to the office of sheriff regardless of whether he has been restored to his civil rights.
Sec. 17. NRS 258.010 is hereby amended to read as follows:
258.010 1. Except as otherwise provided in subsections 2 and 3:
(a) Constables must be elected by the qualified electors of their respective townships.
(b) The constables of the several townships of the State must be chosen at the general election of 1966, and shall enter upon the duties of their offices on the first Monday of January next succeeding their election, and hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.
(c) Constables must receive certificates of election from the boards of county commissioners of their respective counties.
2. In a county which includes only one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. The resolution must not become effective until the completion of the term of office for which a constable may have been elected.
3. In a county whose population:
(a) Is less than 400,000, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office of constable in those townships.
κ2003 Statutes of Nevada, Page 2697 (CHAPTER 447, AB 55)κ
townships within the county, it may, by ordinance, abolish the office of constable in those townships.
(b) Is 400,000 or more, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office in those townships, but the abolition does not become effective as to a particular township until the constable incumbent on May 28, 1979, does not seek, or is defeated for, reelection.
For a township in which the office of constable has been abolished, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation.
4. A person who has been convicted of a felony in this state or any other state is not qualified to be a candidate for or elected or appointed to the office of constable regardless of whether he has been restored to his civil rights.
Sec. 18. Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who has been convicted of a felony in this state or any other state is not qualified to serve as a category I peace officer, category II peace officer or category III peace officer regardless of whether he has been restored to his civil rights.
Sec. 19. NRS 289.450 is hereby amended to read as follows:
289.450 As used in NRS 289.450 to 289.600, inclusive, and section 18 of this act, unless the context otherwise requires, the words and terms defined in NRS 289.460 to 289.490, inclusive, have the meanings ascribed to them in those sections.
Sec. 20. NRS 386.549 is hereby amended to read as follows:
386.549 1. The governing body of a charter school must consist of at least three teachers, as defined in subsection 4, and may consist of, without limitation, parents and representatives of nonprofit organizations and businesses. A majority of the members of the governing body must reside in this state. If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change. A person may serve on the governing body only if he submits an affidavit to the Department indicating that the person has not been convicted of a felony relating to serving on the governing body of a charter school or any offense involving moral turpitude.
2. The governing body of a charter school is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.
3. The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the charter school is located.
4. As used in subsection 1, teacher means a person who:
(a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and
(b) Has at least 2 years of experience as an employed teacher.
The term does not include a person who is employed as a substitute teacher.
κ2003 Statutes of Nevada, Page 2698 (CHAPTER 447, AB 55)κ
Sec. 21. NRS 398.460 is hereby amended to read as follows:
398.460 1. Except as otherwise provided in subsection 2, the Secretary of State shall issue a certificate of registration to a natural person who complies with NRS 398.452 or whose application has been accepted under NRS 398.456.
2. The Secretary of State may refuse to issue a certificate of registration if he determines that the applicant has engaged in conduct that has a significant adverse effect on his fitness to act as an athletes agent. In making this determination, the Secretary of State may consider whether the applicant has:
(a) Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony [;] relating to his fitness to act as an athletes agent;
(b) Made a materially false, misleading, deceptive or fraudulent representation in his application or as an athletes agent;
(c) Engaged in conduct that would disqualify him from serving in a fiduciary capacity;
(d) Engaged in conduct prohibited by NRS 398.496;
(e) Had registration or licensure as an athletes agent suspended, revoked or denied, or been refused renewal of registration or licensure as an athletes agent, in any state;
(f) Engaged in conduct whose consequence was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or an institution; or
(g) Engaged in conduct that significantly adversely reflects on his credibility, honesty or integrity.
3. In making a determination pursuant to subsection 2, the Secretary of State shall consider:
(a) How recently the conduct occurred;
(b) The nature of the conduct and the context in which it occurred; and
(c) Any other relevant conduct of the applicant.
Sec. 22. NRS 463.335 is hereby amended to read as follows:
463.335 1. The Legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the Board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees and independent agents in the State of Nevada; and
(b) Maintain confidential records of such information.
2. Except as otherwise provided in subsection 3, a person may not be employed as a gaming employee or serve as an independent agent unless he is the holder of a valid work permit to work as a gaming employee issued pursuant to this section. A work permit to work as a gaming employee may be issued by the Board or by a county or city licensing authority. An applicant for a work permit shall file his application for a work permit with the licensing authority of the city in which he resides if that city requires a work permit. If the city in which he resides does not require such a permit, the applicant shall file his application with the licensing authority of the county in which he resides if that county requires a work permit. If the county in which he resides does not require such a permit, the applicant shall file his application with the Board.
κ2003 Statutes of Nevada, Page 2699 (CHAPTER 447, AB 55)κ
file his application with the Board. The Board shall, by regulation, prescribe the form for an application for a work permit to work as a gaming employee. The fee for such a permit may be charged only to cover the actual investigative and administrative costs related to processing an application for such a permit and must not exceed $75.
3. An independent agent is not required to hold a work permit if he is not a resident of this state and has registered with the Board in accordance with the provisions of the regulations adopted by the Commission.
4. Upon receipt of an application for a work permit to work as a gaming employee, the Board or licensing authority shall conduct an investigation of the applicant to determine whether he is eligible for the permit. In conducting the investigation, the Board or licensing authority shall forward a complete set of the applicants fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report concerning the criminal history of the applicant. The investigation need not be limited solely to consideration of the results of the report concerning the criminal history of the applicant.
5. A work permit issued to a gaming employee or an independent agent must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
6. Unless denied or objected to by the Board at the time that the permittee filed a notice of a change in his place of employment pursuant to subsection 8 and unless suspended or revoked, such a permit expires on the fifth anniversary of the permittees birthday, measured from the birthday nearest the date of issuance or renewal. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of this section, his date of birth shall be deemed to be on February 28.
7. Whenever any person applies to a county or city licensing authority for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the Board, and may at the discretion of the county or city licensing authority issue a temporary work permit that is valid for 120 days. If within 120 days after receipt by the Board of the copy of the application, the Board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a permanent work permit to the applicant.
8. A gaming employee who is issued a work permit is eligible for employment in any licensed gaming establishment in this state until the work permit is denied or objected to by the Board, expires or is revoked. However, each such employee shall notify the Board within 10 days following any change of his place of employment at a gaming establishment. Such a notification shall be deemed an application for a work permit that the Board may deny or object to after conducting any investigations the Board deems appropriate. The provisions of subsections 9 to 16, inclusive, apply to any such objection of the Board. The Commission shall adopt regulations to:
(a) Facilitate uniform procedures for the issuance of work permits by counties and cities;
(b) Establish uniform criteria for denial by a county or city licensing authority of an application for a work permit; and
(c) Provide for the creation and maintenance of a system of records that contain information regarding the current place of employment of each person who possesses a valid work permit.
κ2003 Statutes of Nevada, Page 2700 (CHAPTER 447, AB 55)κ
9. If the Board, within the 120-day period, notifies:
(a) The county or city licensing authority; and
(b) The applicant,
that the Board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the Board which is sent to the applicant must include a statement of the facts upon which the Board relied in making its objection.
10. Whenever an application for a work permit is made to the Board and the Board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
11. Any person whose application for a work permit has been denied because of an objection by the Board or whose application has been denied by the Board may, not later than 60 days after receiving notice of the denial or objection, apply to the Board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the Board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well-founded, and the failure precludes administrative or judicial review. At the hearing, the Board shall take any testimony deemed necessary. After the hearing, the Board shall review the testimony taken and any other evidence, and shall within 45 days after the date of the hearing mail to the applicant its decision sustaining or reversing the denial of the work permit or the objection to the issuance of a work permit.
12. The Board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the Board. The Board may object or refuse if the applicant has:
(a) Failed to disclose or misstated information or otherwise attempted to mislead the Board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the Commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state [;] and which relates to the applicants suitability or qualifications to work as a gaming employee;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
κ2003 Statutes of Nevada, Page 2701 (CHAPTER 447, AB 55)κ
If the Board issues or does not object to the issuance of a work permit to an applicant, it may specially limit the period for which the permit is valid, limit the job classifications for which the holder of the permit may be employed and establish such individual conditions for the issuance, renewal and effectiveness of the permit as the Board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.
13. Any applicant aggrieved by the decision of the Board may, within 15 days after the announcement of the decision, apply in writing to the Commission for review of the decision. Review is limited to the record of the proceedings before the Board. The Commission may sustain, modify or reverse the Boards decision. The decision of the Commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.
14. Except as otherwise provided in this subsection, all records acquired or compiled by the Board or Commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the Welfare Division of the Department of Human Resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the Board shall disclose to the Division his social security number, residential address and current employer as that information is listed in the files and records of the Board. Any record of the Board or Commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
15. The Chairman of the Board may designate a member of the Board or the Board may appoint a hearing examiner and authorize that person to perform on behalf of the Board any of the following functions required of the Board by this section concerning work permits:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the Board based upon the testimony and evidence or rendering a decision on behalf of the Board to sustain or reverse the denial of a work permit or the objection to the issuance or renewal of a work permit; and
(d) Notifying the applicant of the decision.
16. Notice by the Board as provided pursuant to this section is sufficient if it is mailed to the applicants last known address as indicated on the application for a work permit, or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
κ2003 Statutes of Nevada, Page 2702 (CHAPTER 447, AB 55)κ
Sec. 23. NRS 489.421 is hereby amended to read as follows:
489.421 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Revocation or denial of a license issued pursuant to this chapter or an equivalent license in any other state, territory or country.
2. Failure of the licensee to maintain any other license required by any political subdivision of this state.
3. Failure to respond to a notice served by the Division as provided by law within the time specified in the notice.
4. Failure to take the corrective action required in a notice of violation issued pursuant to NRS 489.291.
5. Failure or refusing to permit access by the Administrator to documentary materials set forth in NRS 489.231.
6. Disregarding or violating any order of the Administrator, any agreement with the Division, or any provision of this chapter or any regulation adopted under it.
7. Conviction of a misdemeanor for violation of any of the provisions of this chapter.
8. Conviction of or entering a plea of guilty, guilty but mentally ill or nolo contendere to [a] :
(a) A felony relating to the position for which the applicant has applied or the licensee has been licensed pursuant to this chapter; or [a]
(b) A crime of moral turpitude in this state or any other state, territory or country.
9. Any other conduct that constitutes deceitful, fraudulent or dishonest dealing.
Sec. 24. NRS 611.045 is hereby amended to read as follows:
611.045 1. The Labor Commissioner may issue a license to an applicant for the conduct of an employment agency:
(a) After making an investigation of the applicant and finding that he is of good moral character and has not been convicted of a felony relating to the conduct of an employment agency or any offense involving moral turpitude;
(b) After making an investigation of the premises where the proposed employment agency will be conducted and finding that the premises are suitable for the purpose;
(c) Upon determining that the applicant is a resident of this state; and
(d) Upon the applicants payment of the licensing fee prescribed in NRS 611.060.
2. The Labor Commissioner shall complete his investigation of the applicant within 60 days after such applicant has submitted his application.
3. A license to conduct an employment agency is valid only as to the person and place named in the license and is effective from the date specified therein to and including the next following December 31, unless sooner suspended or revoked.
4. Annually at least 15 days prior to the expiration date of the license, the licensee must apply for renewal in the manner prescribed by regulation of the Labor Commissioner. Pending administrative action on a renewal application, the license may be continued in effect for a period not to exceed 60 days beyond the expiration date of the license.
κ2003 Statutes of Nevada, Page 2703 (CHAPTER 447, AB 55)κ
Sec. 25. NRS 623A.065 is hereby amended to read as follows:
623A.065 For the purposes of this chapter, a person has good moral character if he:
1. [Has not been convicted of a class A felony;
2.] Has not been convicted of a felony , [other than a class A felony or a] misdemeanor or gross misdemeanor that is directly related to the practice of landscape architecture;
[3.] 2. Has not committed an act involving dishonesty, fraud, misrepresentation, breach of a fiduciary duty, gross negligence or incompetence while engaged in the practice of landscape architecture;
[4.] 3. Is not incarcerated in a jail or prison at the time of submitting an application for a certificate of registration or a certificate to practice as a landscape architect intern;
[5.] 4. Has not committed fraud or misrepresentation in connection with:
(a) The submission of an application for a certificate of registration or certificate to practice as a landscape architect intern; or
(b) The taking of one or more examinations pursuant to the provisions of this chapter;
[6.] 5. Has not had his certificate of registration suspended or revoked by the Board or in any other state or country;
[7.] 6. Has not, in lieu of receiving disciplinary action against him, surrendered a certificate of registration or certificate to practice as a landscape architect intern in this state or a certificate or license to practice landscape architecture issued in another state or country;
[8.] 7. Has not engaged in the practice of landscape architecture in this state or in any other state or country without a license or certificate of registration or certificate to practice as a landscape architect intern within the 2 years immediately preceding the filing of an application for a certificate of registration or certificate to practice as a landscape architect intern pursuant to the provisions of this chapter; or
[9.] 8. Has not, within the 5 years immediately preceding the filing of an application specified in subsection [8,] 7, engaged in unprofessional conduct in violation of the regulations adopted by the Board.
Sec. 26. NRS 623A.280 is hereby amended to read as follows:
623A.280 1. The following acts, among others, constitute cause for disciplinary action if proof satisfactory to the Board is presented that:
(a) A holder of a certificate of registration has signed or sealed instruments of service which were not prepared by him or under his direct supervision.
(b) A holder of a certificate of registration has permitted the use of his signature or seal by another person to evade the provisions of this chapter or any regulation adopted by the Board.
(c) A holder of a certificate of registration has not signed, sealed or dated instruments of service prepared by him.
(d) A holder of a certificate of registration or certificate to practice as a landscape architect intern impersonates a landscape architect or landscape architect intern of the same or similar name.
(e) A holder of a certificate of registration or certificate to practice as a landscape architect intern practices under an assumed, fictitious or corporate name.
κ2003 Statutes of Nevada, Page 2704 (CHAPTER 447, AB 55)κ
(f) A holder of a certificate of registration or certificate to practice as a landscape architect intern practices landscape architecture in violation of the provisions of this chapter or any regulation adopted by the Board.
(g) A holder of a certificate of registration or certificate to practice as a landscape architect intern has obtained his certificate of registration or certificate to practice as a landscape architect intern by fraud or misrepresentation.
(h) A holder of a certificate of registration or certificate to practice as a landscape architect intern is guilty of fraud or deceit in the practice of landscape architecture.
(i) A holder of a certificate of registration or certificate to practice as a landscape architect intern is guilty of incompetency, negligence or gross negligence.
(j) A holder of a certificate of registration or certificate to practice as a landscape architect intern is convicted of, or enters a plea of nolo contendere to [:
(1) Any felony; or
(2) Any] any crime, an essential element of which is dishonesty, or which is directly related to the practice of landscape architecture.
(k) A holder of a certificate of registration or certificate to practice as a landscape architect intern is guilty of aiding or abetting any person in the violation of the provisions of this chapter or any regulation adopted by the Board.
(l) A person practices as a landscape architect with a certificate of registration or certificate to practice as a landscape architect intern that has expired or has been suspended or revoked.
(m) A holder of a certificate of registration or certificate to practice as a landscape architect intern is disciplined by an agency of another state or foreign country which regulates the practice of landscape architecture and at least one of the grounds for the disciplinary action taken is a ground for disciplinary action pursuant to the provisions of this chapter.
(n) A holder of a certificate of registration or certificate to practice as a landscape architect intern fails to comply with an order issued by the Board or to cooperate in an investigation conducted by the Board.
2. As used in this section:
(a) Gross negligence means conduct that demonstrates a reckless disregard of the consequences affecting the life or property of another person.
(b) Incompetency means conduct that, in the practice of landscape architecture, demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.
(c) Negligence means a deviation from the normal standard of professional care exercised generally by other members in the practice of landscape architecture.
Sec. 27. NRS 624.3016 is hereby amended to read as follows:
624.3016 The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:
1. Any fraudulent or deceitful act committed in the capacity of a contractor.
2. A conviction of a violation of NRS 624.730 , [or] a felony relating to the practice of a contractor or a crime involving moral turpitude.
κ2003 Statutes of Nevada, Page 2705 (CHAPTER 447, AB 55)κ
3. Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.
4. Failure to give a notice required by NRS 108.245 or 108.246.
5. Failure to comply with NRS 597.713, 597.716 or 597.719 or any regulations of the Board governing contracts for the construction of residential pools and spas.
6. Failure to comply with NRS 624.600.
7. Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.
8. Failure to pay an assessment required pursuant to NRS 624.470.
Sec. 28. NRS 625.410 is hereby amended to read as follows:
625.410 The Board may take disciplinary action against a licensee, an applicant for licensure, an intern or an applicant for certification as an intern for:
1. The practice of any fraud or deceit in obtaining or attempting to obtain or renew a license or cheating on any examination required by this chapter.
2. Any gross negligence, incompetency or misconduct in the practice of professional engineering as a professional engineer or in the practice of land surveying as a professional land surveyor.
3. Aiding or abetting any person in the violation of any provision of this chapter or regulation adopted by the Board.
4. Conviction of or entry of a plea of nolo contendere to [:
(a) Any felony; or
(b) Any] any crime, an essential element of which is dishonesty, or which is directly related to the practice of engineering or land surveying.
5. A violation of any provision of this chapter or regulation adopted by the Board.
6. Discipline by another state or territory, the District of Columbia, a foreign country, the Federal Government or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.
7. Practicing after the license of the professional engineer or professional land surveyor has expired or has been suspended or revoked.
8. Failing to comply with an order issued by the Board.
9. Failing to provide requested information within 30 days after receipt of a request by the Board or its investigators concerning a complaint made to the Board.
Sec. 29. NRS 625A.160 is hereby amended to read as follows:
625A.160 The grounds for initiating disciplinary action under this chapter are:
1. Unprofessional conduct;
2. Conviction of a felony relating to the practice of an environmental health specialist or any offense involving moral turpitude;
3. The suspension or revocation of a certificate or license as an environmental health specialist by any other jurisdiction; or
4. Failure to meet the requirements for continuing education.
Sec. 30. NRS 628.190 is hereby amended to read as follows:
628.190 1. Except as otherwise provided in this section and NRS 628.310, a certificate of certified public accountant must be granted by the Board to any person who:
κ2003 Statutes of Nevada, Page 2706 (CHAPTER 447, AB 55)κ
(a) Is a resident of this state or, if not a resident, has designated to the Board an agent who is a resident for notification and service of process;
(b) Is a person who is without any history of acts involving dishonesty or moral turpitude;
(c) Complies with the requirements of education and experience as provided in NRS 628.200;
(d) Has submitted to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(e) Has passed the examination prescribed by the Board.
2. The Board may refuse to grant a certificate of certified public accountant to an applicant if he has been convicted of a felony relating to the practice of a certified public accountant under the laws of any state or of the United States.
3. The Board may issue a provisional certificate to an applicant until the Board receives the report from the Federal Bureau of Investigation.
Sec. 31. NRS 628.390 is hereby amended to read as follows:
628.390 1. After giving notice and conducting a hearing, the Board may revoke, or may suspend for a period of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant under NRS 628.350, or any registration of a partnership, corporation, limited-liability company or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may censure the holder of any permit, for any one or any combination of the following causes:
(a) Fraud or deceit in obtaining a certificate as a certified public accountant, or in obtaining registration or a license as a public accountant under this chapter, or in obtaining a permit to practice public accounting under this chapter.
(b) Dishonesty, fraud or gross negligence by a certified or registered public accountant in the practice of public accounting or, if not in the practice of public accounting, of a kind which adversely affects the ability to perform public accounting.
(c) Violation of any of the provisions of this chapter.
(d) Violation of a regulation or rule of professional conduct adopted by the Board under the authority granted by this chapter.
(e) Conviction of a felony under the laws of any state or of the United States [.] relating to the practice of public accounting.
(f) Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States.
(g) Cancellation, revocation, suspension or refusal to renew authority to practice as a certified public accountant or a registered public accountant by any other state, for any cause other than failure to pay an annual registration fee or to comply with requirements for continuing education or review of his practice in the other state.
(h) Suspension or revocation of the right to practice before any state or federal agency.
(i) Unless the person has been placed on inactive or retired status, failure to obtain an annual permit under NRS 628.380, within:
(1) Sixty days after the expiration date of the permit to practice last obtained or renewed by the holder of a certificate or registrant; or
κ2003 Statutes of Nevada, Page 2707 (CHAPTER 447, AB 55)κ
(2) Sixty days after the date upon which the holder of a certificate or registrant was granted his certificate or registration, if no permit was ever issued to him, unless the failure has been excused by the Board.
(j) Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.
(k) Making a false or misleading statement in support of an application for a certificate, registration or permit of another person.
2. After giving notice and conducting a hearing, the Board may deny an application to take the examination prescribed by the Board pursuant to NRS 628.190, deny a person admission to such an examination, invalidate a grade received for such an examination or deny an application for a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, to a person who has:
(a) Made any false or fraudulent statement, or any misleading statement or omission relating to a material fact in an application:
(1) To take the examination prescribed by the Board pursuant to NRS 628.190; or
(2) For a certificate issued pursuant to NRS 628.190 to 628.310, inclusive;
(b) Cheated on an examination prescribed by the Board pursuant to NRS 628.190 or any such examination taken in another state or jurisdiction of the United States;
(c) Aided, abetted or conspired with any person in a violation of the provisions of paragraph (a) or (b); or
(d) Committed any combination of the acts set forth in paragraphs (a), (b) and (c).
3. In addition to other penalties prescribed by this section, the Board may impose a civil penalty of not more than $5,000 for each violation of this section. The Board may recover:
(a) Attorneys fees and costs incurred with respect to a hearing held pursuant to this section from a person who is found in violation of any of the provisions of this section;
(b) Attorneys fees and costs incurred in the recovery of a civil penalty imposed pursuant to this section; and
(c) Any other costs incurred by the Board as a result of such a violation.
Sec. 32. NRS 630.301 is hereby amended to read as follows:
630.301 The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
1. Conviction of [a felony,] any offense involving moral turpitude or any offense relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this subsection.
2. Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive.
3. The revocation, suspension, modification or limitation of the license to practice any type of medicine by any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the Armed Services of the United States, an insurance company, an agency of the Federal Government or an employer.
κ2003 Statutes of Nevada, Page 2708 (CHAPTER 447, AB 55)κ
4. Malpractice, which may be evidenced by claims settled against a practitioner.
5. The engaging by a practitioner in any sexual activity with a patient who is currently being treated by the practitioner.
6. Disruptive behavior with physicians, hospital personnel, patients, members of the families of patients or any other persons if the behavior interferes with patient care or has an adverse impact on the quality of care rendered to a patient.
7. The engaging in conduct that violates the trust of a patient and exploits the relationship between the physician and the patient for financial or other personal gain.
8. The failure to offer appropriate procedures or studies, to protest inappropriate denials by organizations for managed care, to provide necessary services or to refer a patient to an appropriate provider, when such a failure occurs with the intent of positively influencing the financial well-being of the practitioner or an insurer.
9. The engaging in conduct that brings the medical profession into disrepute, including, without limitation, conduct that violates any provision of a national code of ethics adopted by the Board by regulation.
10. The engaging in sexual contact with the surrogate of a patient or other key persons related to a patient, including, without limitation, a spouse, parent or legal guardian, which exploits the relationship between the physician and the patient in a sexual manner.
Sec. 33. NRS 630A.340 is hereby amended to read as follows:
630A.340 The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(b) [A felony;
(c)] A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive;
[(d)] (c) Any offense involving moral turpitude; or
[(e)] (d) Any offense relating to the practice of homeopathic medicine or the ability to practice homeopathic medicine.
A plea of nolo contendere to any offense listed in [paragraph (a), (b), (c), (d) or (e)] this subsection shall be deemed a conviction.
3. The suspension, modification or limitation of a license to practice any type of medicine by any other jurisdiction.
4. The surrender of a license to practice any type of medicine or the discontinuance of the practice of medicine while under investigation by any licensing authority, medical facility, facility for the dependent, branch of the Armed Forces of the United States, insurance company, agency of the Federal Government or employer.
5. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
6. Professional incompetence.
Sec. 34. NRS 632.320 is hereby amended to read as follows:
632.320 The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that he:
κ2003 Statutes of Nevada, Page 2709 (CHAPTER 447, AB 55)κ
disciplinary action against a licensee or holder of a certificate, upon determining that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.
2. Is guilty of [a felony or] any offense:
(a) Involving moral turpitude; or
(b) Related to the qualifications, functions or duties of a licensee or holder of a certificate,
in which case the record of conviction is conclusive evidence thereof.
3. Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
4. Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.
5. Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his ability to conduct the practice authorized by his license or certificate.
6. Is mentally incompetent.
7. Is guilty of unprofessional conduct, which includes, but is not limited to, the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.
(b) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.
(c) Impersonating another licensed practitioner or holder of a certificate.
(d) Permitting or allowing another person to use his license or certificate to practice as a licensed practical nurse, registered nurse or nursing assistant.
(e) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.
(f) Physical, verbal or psychological abuse of a patient.
(g) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.
8. Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.
9. Is guilty of aiding or abetting any person in a violation of this chapter.
10. Has falsified an entry on a patients medical chart concerning a controlled substance.
11. Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.
12. Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or has committed an act in another state which would constitute a violation of this chapter.
13. Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.
14. Has willfully failed to comply with a regulation, subpoena or order of the Board.
κ2003 Statutes of Nevada, Page 2710 (CHAPTER 447, AB 55)κ
For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.
Sec. 35. NRS 633.511 is hereby amended to read as follows:
633.511 The grounds for initiating disciplinary action pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(b) A felony [;] relating to the practice of osteopathic medicine;
(c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
(d) Any offense involving moral turpitude.
3. The suspension of the license to practice osteopathic medicine by any other jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
5. Professional incompetence.
6. Failure to comply with the requirements of NRS 633.526.
Sec. 36. NRS 634.140 is hereby amended to read as follows:
634.140 The grounds for initiating disciplinary action pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(b) A felony [;] relating to the practice of chiropractic;
(c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
(d) Any offense involving moral turpitude.
3. Suspension or revocation of the license to practice chiropractic by any other jurisdiction.
4. Gross or repeated malpractice.
5. Referring, in violation of NRS 439B.425, a patient to a health facility, medical laboratory or commercial establishment in which the licensee has a financial interest.
Sec. 37. NRS 634A.170 is hereby amended to read as follows:
634A.170 The Board may refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
1. Conviction of:
(a) A felony [;] relating to the practice of Oriental medicine;
(b) Any offense involving moral turpitude;
(c) A violation of any state or federal law regulating the possession, distribution or use of any controlled substance, as shown by a certified copy of the record of the court; or
(d) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
κ2003 Statutes of Nevada, Page 2711 (CHAPTER 447, AB 55)κ
2. The obtaining of or any attempt to obtain a license or practice in the profession for money or any other thing of value, by fraudulent misrepresentations;
3. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;
4. Advertising by means of a knowingly false or deceptive statement;
5. Advertising, practicing or attempting to practice under a name other than ones own;
6. Habitual drunkenness or habitual addiction to the use of a controlled substance;
7. Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;
8. Sustaining a physical or mental disability which renders further practice dangerous;
9. Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;
10. Using any false or fraudulent statement in connection with the practice of Oriental medicine or any branch thereof;
11. Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;
12. Being adjudicated incompetent or insane;
13. Advertising in an unethical or unprofessional manner;
14. Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;
15. Willful disclosure of a privileged communication;
16. Failure of a licensee to designate the nature of his practice in the professional use of his name by the term doctor of Oriental medicine;
17. Willful violation of the law relating to the health, safety or welfare of the public or of the regulations adopted by the State Board of Health;
18. Administering, dispensing or prescribing any controlled substance, except for the prevention, alleviation or cure of disease or for relief from suffering; and
19. Performing, assisting or advising in the injection of any liquid silicone substance into the human body.
Sec. 38. NRS 636.295 is hereby amended to read as follows:
636.295 The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:
1. Affliction of the licensee with any communicable disease likely to be communicated to other persons.
2. Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which he has been convicted and from which he has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.
3. Conviction of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
4. Commission of fraud by or on behalf of the licensee in obtaining his license or a renewal thereof, or in practicing optometry thereunder.
κ2003 Statutes of Nevada, Page 2712 (CHAPTER 447, AB 55)κ
5. Habitual drunkenness or addiction to any controlled substance.
6. Gross incompetency.
7. Affliction with any mental or physical disorder or disturbance seriously impairing his competency as an optometrist.
8. Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.
9. Practice by the licensee, or attempting or offering so to do, while he is in an intoxicated condition.
10. Perpetration of unethical or unprofessional conduct in the practice of optometry.
11. Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.
Sec. 39. NRS 637A.250 is hereby amended to read as follows:
637A.250 The Board may take disciplinary action against a licensee after a hearing which discloses that the licensee:
1. Has been convicted of a felony [.] relating to the practice of hearing aid specialists.
2. Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
3. Obtained the license by fraud or misrepresentation.
4. Has made any false or fraudulent statements concerning hearing aids or the business of hearing aid specialist.
5. Has been guilty of negligence, incompetence or unprofessional conduct in his practice as a hearing aid specialist. As used in this subsection, unprofessional conduct includes, without limitation:
(a) Conduct which is intended to deceive or which the Board by specific regulation has determined is unethical;
(b) Conduct which is harmful to the public or any conduct detrimental to the public health or safety;
(c) Conduct for which disciplinary action was taken by an agency of another state which is authorized to regulate the practice of hearing aid specialists; and
(d) Knowingly employing, directly or indirectly, any person who is not licensed to fit or dispense hearing aids or whose license to fit or dispense hearing aids has been suspended or revoked.
6. Has loaned or transferred his license to another person.
7. Willfully violated any law of this state or any provision of this chapter regulating hearing aid specialists or the operation of an office, store or other location for dispensing hearing aids.
Sec. 40. NRS 637B.250 is hereby amended to read as follows:
637B.250 The grounds for initiating disciplinary action pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regarding the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(b) A felony [;] relating to the practice of audiology or speech pathology;
(c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
(d) Any offense involving moral turpitude.
κ2003 Statutes of Nevada, Page 2713 (CHAPTER 447, AB 55)κ
3. Suspension or revocation of a license to practice audiology or speech pathology by any other jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
5. Professional incompetence.
Sec. 41. NRS 638.140 is hereby amended to read as follows:
638.140 The following acts, among others, are grounds for disciplinary action:
1. Violation of a regulation adopted by the State Board of Pharmacy or the Nevada State Board of Veterinary Medical Examiners;
2. Habitual drunkenness;
3. Addiction to the use of a controlled substance;
4. Conviction of or a plea of nolo contendere to a felony [,] related to the practice of veterinary medicine, or any offense involving moral turpitude;
5. Incompetence;
6. Negligence;
7. Malpractice pertaining to veterinary medicine as evidenced by an action for malpractice in which the holder of a license is found liable for damages;
8. Conviction of a violation of any law concerning the possession, distribution or use of a controlled substance or a dangerous drug as defined in chapter 454 of NRS;
9. Willful failure to comply with any provision of this chapter, a regulation, subpoena or order of the Board, the standard of care established by the American Veterinary Medical Association, or an order of a court;
10. Prescribing, administering or dispensing a controlled substance to an animal to influence the outcome of a competitive event in which the animal is a competitor;
11. Willful failure to comply with a request by the Board for medical records within 14 days after receipt of a demand letter issued by the Board;
12. Willful failure to accept service by mail or in person from the Board;
13. Failure of a supervising veterinarian to provide immediate or direct supervision to licensed or unlicensed personnel if the failure results in malpractice or the death of an animal; and
14. Failure of a supervising veterinarian to ensure that a licensed veterinarian is on the premises of a facility or agency when medical treatment is administered to an animal if the treatment requires direct or immediate supervision by a licensed veterinarian.
Sec. 42. NRS 639.210 is hereby amended to read as follows:
639.210 The Board may suspend or revoke any certificate, license, registration or permit issued pursuant to this chapter, and deny the application of any person for a certificate, license, registration or permit, if the holder or applicant:
1. Is not of good moral character;
2. Is guilty of habitual intemperance;
3. Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance, unless taken pursuant to a lawfully issued prescription, while on duty in any establishment licensed by the Board;
κ2003 Statutes of Nevada, Page 2714 (CHAPTER 447, AB 55)κ
4. Is guilty of unprofessional conduct or conduct contrary to the public interest;
5. Is addicted to the use of any controlled substance;
6. Has been convicted of a violation of any law or regulation of the Federal Government or of this or any other state related to controlled substances, dangerous drugs, drug samples, or the wholesale or retail distribution of drugs;
7. Has been convicted of [a] :
(a) A felony relating to holding a certificate, license, registration or permit pursuant to this chapter; or [other]
(b) Other crime involving moral turpitude, dishonesty or corruption;
8. Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
9. Has willfully made to the Board or its authorized representative any false statement which is material to the administration or enforcement of any of the provisions of this chapter;
10. Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;
11. Has violated any provision of the Federal Food, Drug and Cosmetic Act or any other federal law or regulation relating to prescription drugs;
12. Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy, or has knowingly permitted, allowed, condoned or failed to report a violation of any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy committed by the holder of a certificate, license, registration or permit;
13. Has failed to renew his certificate, license or permit by failing to submit the application for renewal or pay the renewal fee therefor;
14. Has had his certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this state;
15. Has, as a managing pharmacist, violated any provision of law or regulation concerning recordkeeping or inventory in a store over which he presides, or has knowingly allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy by personnel of the pharmacy under his supervision;
16. Has repeatedly been negligent, which may be evidenced by claims of malpractice settled against him; or
17. Has failed to maintain and make available to a state or federal officer any records in accordance with the provisions of this chapter or chapter 453 or 454 of NRS.
Sec. 43. NRS 640A.200 is hereby amended to read as follows:
640A.200 1. The Board may, after notice and hearing, suspend, revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the Board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare. The Board may reinstate a revoked license upon application by the person to whom the license was issued not less than 1 year after the license is revoked.
κ2003 Statutes of Nevada, Page 2715 (CHAPTER 447, AB 55)κ
reinstate a revoked license upon application by the person to whom the license was issued not less than 1 year after the license is revoked.
2. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held to consider the report within 30 days after receiving the report.
3. As used in this section, unprofessional conduct includes:
(a) The obtaining of a license by fraud or through the misrepresentation or concealment of a material fact;
(b) The conviction of [any crime, except a misdemeanor which does not involve] :
(1) A felony or gross misdemeanor relating to the practice of occupational therapy; or
(2) Any crime involving moral turpitude; and
(c) The violation of any provision of this chapter or regulation of the Board adopted pursuant to this chapter.
Sec. 44. NRS 641.230 is hereby amended to read as follows:
641.230 The Board may suspend the license of a psychologist, place a psychologist on probation, revoke the license of a psychologist, require remediation for a psychologist or take any other action specified by regulation if the Board finds by a preponderance of the evidence that the psychologist has:
1. Been convicted of a felony [.] relating to the practice of psychology.
2. Been convicted of any crime or offense that reflects the inability of the psychologist to practice psychology with due regard for the health and safety of others.
3. Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
4. Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology.
5. Aided or abetted the practice of psychology by a person not licensed by the Board.
6. Made any fraudulent or untrue statement to the Board.
7. Violated a regulation adopted by the Board.
8. Had his license to practice psychology suspended or revoked or has had any other disciplinary action taken against him by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.
9. Failed to report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology issued to him by another state or territory of the United States, the District of Columbia or a foreign country.
10. Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.
11. Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.
12. Engaged in sexual activity with a patient.
13. Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.
14. Been convicted of submitting a false claim for payment to the insurer of a patient.
κ2003 Statutes of Nevada, Page 2716 (CHAPTER 447, AB 55)κ
Sec. 45. NRS 641A.310 is hereby amended to read as follows:
641A.310 The Board may refuse to grant a license or may suspend or revoke a license for any of the following reasons:
1. Conviction of a felony [,] relating to the practice of marriage and family therapy or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof.
2. Habitual drunkenness or addiction to the use of a controlled substance.
3. Impersonating a licensed marriage and family therapist or allowing another person to use his license.
4. Using fraud or deception in applying for a license or in passing the examination provided for in this chapter.
5. Rendering or offering to render services outside the area of his training, experience or competence.
6. Committing unethical practices contrary to the interest of the public as determined by the Board.
7. Unprofessional conduct as determined by the Board.
8. Negligence, fraud or deception in connection with services he is licensed to provide pursuant to this chapter.
Sec. 46. NRS 641B.400 is hereby amended to read as follows:
641B.400 The grounds for initiating disciplinary action pursuant to this chapter are:
1. Unprofessional conduct;
2. Conviction of:
(a) A felony [;] relating to the practice of social work;
(b) Any offense involving moral turpitude; or
(c) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or dangerous drug as defined in chapter 454 of NRS;
3. Use of fraud or deception in:
(a) Applying for a license;
(b) Undergoing the initial licensing examination; or
(c) Rendering services as a social worker;
4. Allowing unauthorized use of a license issued pursuant to this chapter;
5. Professional incompetence;
6. Practicing social work without a license; and
7. The habitual use of alcohol or any controlled substance which impairs the ability to practice social work.
Sec. 47. NRS 641C.700 is hereby amended to read as follows:
641C.700 The grounds for initiating disciplinary action pursuant to the provisions of this chapter include:
1. Conviction of:
(a) A felony [;] relating to the practice of counseling alcohol and drug abusers;
(b) An offense involving moral turpitude; or
(c) A violation of a federal or state law regulating the possession, distribution or use of a controlled substance or dangerous drug as defined in chapter 453 of NRS;
2. Fraud or deception in:
(a) Applying for a license or certificate;
(b) Taking an examination for a license or certificate;
κ2003 Statutes of Nevada, Page 2717 (CHAPTER 447, AB 55)κ
(c) Documenting the continuing education required to renew or reinstate a license or certificate;
(d) Submitting a claim for payment to an insurer; or
(e) The practice of counseling alcohol and drug abusers;
3. Allowing the unauthorized use of a license or certificate issued pursuant to this chapter;
4. Professional incompetence;
5. The habitual use of alcohol or any other drug that impairs the ability of a licensed or certified counselor or certified intern to engage in the practice of counseling alcohol and drug abusers;
6. Engaging in the practice of counseling alcohol and drug abusers with an expired, suspended or revoked license or certificate; and
7. Engaging in behavior that is contrary to the ethical standards as set forth in the regulations of the Board.
Sec. 48. NRS 642.130 is hereby amended to read as follows:
642.130 The following acts are grounds for which the Board may take disciplinary action against a person who is licensed to practice the profession of embalming pursuant to this chapter or refuse to issue such a license to an applicant therefor:
1. Gross incompetency.
2. Unprofessional, unethical or dishonest conduct.
3. Habitual intemperance.
4. Fraud or misrepresentation in obtaining or attempting to obtain a license to practice the profession of embalming.
5. Employment by the licensee of persons commonly known as cappers, steerers or solicitors, or of other persons to obtain funeral directing or embalming business.
6. Malpractice.
7. Gross immorality.
8. The unlawful use of any controlled substance.
9. Conviction of a felony [.] relating to the practice of embalming.
10. False or misleading advertising as defined in NRS 642.490, or false or misleading statements in the sale of merchandise or services.
11. Refusal to surrender promptly the custody of a dead human body upon the request of a person who is legally entitled to custody of the body.
12. Violation by the licensee of any provision of this chapter, any regulation adopted pursuant thereto or any other law of this state relating to the practice of any of the professions regulated by the Board.
13. The theft or misappropriation of money in a trust fund established and maintained pursuant to chapter 689 of NRS.
Sec. 49. NRS 642.470 is hereby amended to read as follows:
642.470 The following acts are grounds for which the Board may take disciplinary action against a person who holds a funeral directors license, a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials, or refuse to issue such a license or permit to an applicant therefor:
1. Conviction of a crime involving moral turpitude.
2. Unprofessional conduct.
3. False or misleading advertising.
4. Conviction of a felony [.] relating to the practice of funeral directors.
κ2003 Statutes of Nevada, Page 2718 (CHAPTER 447, AB 55)κ
5. Conviction of a misdemeanor that is related directly to the business of a funeral establishment.
Sec. 50. NRS 643.185 is hereby amended to read as follows:
643.185 1. The following are grounds for disciplinary action by the Board:
(a) Violation by any person licensed pursuant to the provisions of this chapter of any provision of this chapter or the regulations adopted by the Board.
(b) Conviction of a felony [.] relating to the practice of barbers.
(c) Malpractice or incompetency.
(d) Continued practice by a person knowingly having an infectious or contagious disease.
(e) Advertising, practicing or attempting to practice under anothers name or trade name.
(f) Drunkenness or addiction to a controlled substance.
2. If the Board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license;
(b) Revoke or suspend a license;
(c) Impose a fine of not more than $1,000; and
(d) Require the person to pay all costs incurred by the Board relating to the discipline of the person.
Sec. 51. NRS 645.633 is hereby amended to read as follows:
645.633 1. The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
(a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.
(b) Violating any order of the Commission, any agreement with the Division, any of the provisions of this chapter, chapter 116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted thereunder.
(c) Paying a commission, compensation or a finders fee to any person for performing the services of a broker, broker-salesman or salesman who has not secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.
(d) [A felony, or has] Has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to [a charge of] :
(1) A felony relating to the practice of the licensee, property manager or owner-developer; or [any]
(2) Any crime involving fraud, deceit, misrepresentation or moral turpitude.
(e) Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
(f) Failure to include a fixed date of expiration in any written brokerage agreement or to leave a copy of the brokerage agreement with the client.
(g) Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.
(h) Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.
(i) Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.
κ2003 Statutes of Nevada, Page 2719 (CHAPTER 447, AB 55)κ
(j) Any conduct which took place before he became licensed, which was in fact unknown to the Division and which would have been grounds for denial of a license had the Division been aware of the conduct.
(k) Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.
(l) Recording or causing to be recorded a claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a district court to be frivolous and made without reasonable cause pursuant to NRS 645.8791.
2. The Commission may take action pursuant to NRS 645.630 against a person who is subject to that section for the suspension or revocation of a real estate brokers, broker-salesmans or salesmans license issued to him by any other jurisdiction.
3. The Commission may take action pursuant to NRS 645.630 against any person who:
(a) Holds a permit to engage in property management issued pursuant to NRS 645.6052; and
(b) In connection with any property for which the person has obtained a written brokerage agreement to manage the property pursuant to NRS 645.6056:
(1) Is convicted of violating any of the provisions of NRS 202.470;
(2) Has been notified in writing by the appropriate governmental agency of a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to inform the owner of the property of such notification; or
(3) Has been directed in writing by the owner of the property to correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to correct the potential violation, if such corrective action is within the scope of the persons duties pursuant to the written brokerage agreement.
4. The Division shall maintain a log of any complaints that it receives relating to activities for which the Commission may take action against a person holding a permit to engage in property management pursuant to subsection 3.
5. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 4; and
(b) Any disciplinary actions taken by the Commission pursuant to subsection 3.
Sec. 52. NRS 645A.090 is hereby amended to read as follows:
645A.090 1. The Commissioner may refuse to license any escrow agent or agency or may suspend or revoke any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:
(a) In the case of an escrow agency, is insolvent;
(b) Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;
(c) In the case of an escrow agency, is in such a financial condition that he cannot continue in business with safety to his customers;
κ2003 Statutes of Nevada, Page 2720 (CHAPTER 447, AB 55)κ
(d) Has committed fraud in connection with any transaction governed by this chapter;
(e) Has intentionally or knowingly made any misrepresentation or false statement to, or concealed any essential or material fact from, any principal or designated agent of a principal in the course of the escrow business;
(f) Has intentionally or knowingly made or caused to be made to the Commissioner any false representation of a material fact or has suppressed or withheld from the Commissioner any information which the applicant or licensee possesses;
(g) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;
(h) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;
(i) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter;
(j) Has been convicted of a felony relating to the practice of escrow agents or agencies or any misdemeanor of which an essential element is fraud;
(k) In the case of an escrow agency, has failed to maintain complete and accurate records of all transactions within the last 6 years;
(l) Has commingled the money of others with his own or converted the money of others to his own use;
(m) Has failed, before the close of escrow, to obtain written escrow instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow;
(n) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction; or
(o) In the case of an escrow agency, has:
(1) Failed to maintain adequate supervision of an escrow agent; or
(2) Instructed an escrow agent to commit an act which would be cause for the revocation of the escrow agents license and the escrow agent committed the act. An escrow agent is not subject to disciplinary action for committing such an act under instruction by the escrow agency.
2. It is sufficient cause for the imposition of a fine or the refusal, suspension or revocation of the license of a partnership, corporation or any other association that any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for such action had the applicant or licensee been a natural person.
3. The Commissioner may suspend any license for not more than 30 days, pending a hearing, if upon examination into the affairs of the licensee it is determined that any of the grounds enumerated in subsection 1 or 2 exist.
4. The Commissioner may refuse to issue a license to any person who, within 10 years before the date of applying for a current license, has had suspended or revoked a license issued pursuant to this chapter or a comparable license issued by any other state, district or territory of the United States or any foreign country.
κ2003 Statutes of Nevada, Page 2721 (CHAPTER 447, AB 55)κ
comparable license issued by any other state, district or territory of the United States or any foreign country.
Sec. 53. NRS 645B.020 is hereby amended to read as follows:
645B.020 1. A person who wishes to be licensed as a mortgage broker must file a written application for a license with the office of the Commissioner and pay the fee required pursuant to NRS 645B.050. An application for a license as a mortgage broker must:
(a) Be verified.
(b) State the name, residence address and business address of the applicant and the location of each principal office and branch office at which the mortgage broker will conduct business within this state.
(c) State the name under which the applicant will conduct business as a mortgage broker.
(d) List the name, residence address and business address of each person who will:
(1) If the applicant is not a natural person, have an interest in the mortgage broker as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.
(2) Be associated with or employed by the mortgage broker as a mortgage agent.
(e) If the applicant is a natural person, include the social security number of the applicant.
(f) Include a general business plan and a description of the policies and procedures that the mortgage broker and his mortgage agents will follow to arrange and service loans and to conduct business pursuant to this chapter.
(g) State the length of time the applicant has been engaged in the business of a broker.
(h) Include a financial statement of the applicant and, if applicable, satisfactory proof that the applicant will be able to maintain continuously the net worth required pursuant to NRS 645B.115.
(i) Include any other information required pursuant to the regulations adopted by the Commissioner or an order of the Commissioner.
2. If a mortgage broker will conduct business at one or more branch offices within this state, the mortgage broker must apply for a license for each such branch office.
3. Except as otherwise provided in this chapter, the Commissioner shall issue a license to an applicant as a mortgage broker if:
(a) The application complies with the requirements of this chapter;
(b) The applicant submits the statement required pursuant to NRS 645B.023, if the applicant is required to do so; and
(c) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:
(1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of a mortgage broker in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the Commissioner.
(2) Has not been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage brokers or any crime involving fraud, misrepresentation or moral turpitude.
(3) Has not made a false statement of material fact on his application.
κ2003 Statutes of Nevada, Page 2722 (CHAPTER 447, AB 55)κ
(4) Has not had a license that was issued pursuant to the provisions of this chapter or chapter 645E of NRS suspended or revoked within the 10 years immediately preceding the date of his application.
(5) Has not had a license that was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of his application.
(6) Has not violated any provision of this chapter or chapter 645E of NRS, a regulation adopted pursuant thereto or an order of the Commissioner.
Sec. 54. NRS 645B.020 is hereby amended to read as follows:
645B.020 1. A person who wishes to be licensed as a mortgage broker must file a written application for a license with the office of the Commissioner and pay the fee required pursuant to NRS 645B.050. An application for a license as a mortgage broker must:
(a) Be verified.
(b) State the name, residence address and business address of the applicant and the location of each principal office and branch office at which the mortgage broker will conduct business within this state.
(c) State the name under which the applicant will conduct business as a mortgage broker.
(d) List the name, residence address and business address of each person who will:
(1) If the applicant is not a natural person, have an interest in the mortgage broker as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.
(2) Be associated with or employed by the mortgage broker as a mortgage agent.
(e) Include a general business plan and a description of the policies and procedures that the mortgage broker and his mortgage agents will follow to arrange and service loans and to conduct business pursuant to this chapter.
(f) State the length of time the applicant has been engaged in the business of a mortgage broker.
(g) Include a financial statement of the applicant and, if applicable, satisfactory proof that the applicant will be able to maintain continuously the net worth required pursuant to NRS 645B.115.
(h) Include any other information required pursuant to the regulations adopted by the Commissioner or an order of the Commissioner.
2. If a mortgage broker will conduct business at one or more branch offices within this state, the mortgage broker must apply for a license for each such branch office.
3. Except as otherwise provided in this chapter, the Commissioner shall issue a license to an applicant as a mortgage broker if:
(a) The application complies with the requirements of this chapter; and
(b) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:
(1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of a mortgage broker in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the Commissioner.
(2) Has not been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage brokers or any crime involving fraud, misrepresentation or moral turpitude.
κ2003 Statutes of Nevada, Page 2723 (CHAPTER 447, AB 55)κ
(3) Has not made a false statement of material fact on his application.
(4) Has not had a license that was issued pursuant to the provisions of this chapter or chapter 645E of NRS suspended or revoked within the 10 years immediately preceding the date of his application.
(5) Has not had a license that was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of his application.
(6) Has not violated any provision of this chapter or chapter 645E of NRS, a regulation adopted pursuant thereto or an order of the Commissioner.
Sec. 55. NRS 645B.0243 is hereby amended to read as follows:
645B.0243 The Commissioner may refuse to issue a license to an applicant if the Commissioner has reasonable cause to believe that the applicant or any general partner, officer or director of the applicant has, after October 1, 1999, employed or proposed to employ a person as a mortgage agent or authorized or proposed to authorize a person to be associated with a mortgage broker as a mortgage agent at a time when the applicant or the general partner, officer or director knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:
1. Had been convicted of, or entered a plea of nolo contendere to [, a] :
(a) A felony relating to the practice of mortgage brokers; or [any]
(b) Any crime involving fraud, misrepresentation or moral turpitude; or
2. Had a financial services license or registration suspended or revoked within the immediately preceding 10 years.
Sec. 56. NRS 645B.450 is hereby amended to read as follows:
645B.450 1. A person shall not act as or provide any of the services of a mortgage agent or otherwise engage in, carry on or hold himself out as engaging in or carrying on the activities of a mortgage agent if the person:
(a) Has been convicted of, or entered a plea of nolo contendere to [, a] :
(1) A felony relating to the practice of mortgage agents; or [any]
(2) Any crime involving fraud, misrepresentation or moral turpitude; or
(b) Has had a financial services license or registration suspended or revoked within the immediately preceding 10 years.
2. A mortgage agent may not be associated with or employed by more than one mortgage broker at the same time.
3. A mortgage broker shall register with the Division each person who will be associated with or employed by the mortgage broker as a mortgage agent. A mortgage broker shall register each such person with the Division when the person begins his association or employment with the mortgage broker and annually thereafter. A registration expires 12 months after its effective date.
4. To register a person as a mortgage agent, a mortgage broker must:
(a) Submit to the Division a registration form which is provided by the Division and which:
(1) States the name, residence address and business address of the person;
(2) Is signed by the person;
(3) Includes a provision by which the person gives his written consent to an investigation of his credit history, criminal history and background; and
(4) Includes any other information or supporting materials required by the regulations adopted by the Commissioner. Such information or supporting materials may include, without limitation, a complete set of fingerprints from the person, the social security number of the person and other forms of identification of the person.
κ2003 Statutes of Nevada, Page 2724 (CHAPTER 447, AB 55)κ
supporting materials may include, without limitation, a complete set of fingerprints from the person, the social security number of the person and other forms of identification of the person.
(b) For each initial registration, pay the actual costs and expenses incurred by the Division to investigate the credit history, criminal history and background of the person. All money received pursuant to this paragraph must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.
(c) For each annual registration, submit to the Division satisfactory proof that the person attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the registration expires.
5. Not later than the date on which the mortgage broker submits the information for annual registration required by subsection 4, the person being registered shall pay an annual registration fee of $125. If the person does not pay the annual registration fee, the person shall be deemed to be unregistered for the purposes of this chapter.
6. A mortgage broker shall not employ a person as a mortgage agent or authorize a person to be associated with the mortgage broker as a mortgage agent if the mortgage broker has not registered the person with the Division pursuant to this section or if the person:
(a) Has been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage agents or any crime involving fraud, misrepresentation or moral turpitude; or
(b) Has had a financial services license or registration suspended or revoked within the immediately preceding 10 years.
7. If a mortgage agent terminates his association or employment with a mortgage broker for any reason, the mortgage broker shall, not later than the third business day following the date of termination:
(a) Deliver to the mortgage agent or send by certified mail to the last known residence address of the mortgage agent a written statement which advises him that his termination is being reported to the Division; and
(b) Deliver or send by certified mail to the Division:
(1) A written statement of the circumstances surrounding the termination; and
(2) A copy of the written statement that the mortgage broker delivers or mails to the mortgage agent pursuant to paragraph (a).
8. As used in this section, certified course of continuing education has the meaning ascribed to it in NRS 645B.051.
Sec. 57. NRS 645B.670 is hereby amended to read as follows:
645B.670 Except as otherwise provided in NRS 645B.690:
1. For each violation committed by an applicant, whether or not he is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than $10,000, if the applicant:
(a) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;
(b) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or
(c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his application for a license or during the course of the investigation of his application for a license.
κ2003 Statutes of Nevada, Page 2725 (CHAPTER 447, AB 55)κ
filing his application for a license or during the course of the investigation of his application for a license.
2. For each violation committed by a licensee, the Commissioner may impose upon the licensee an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the licensee, whether or not acting as such:
(a) Is insolvent;
(b) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;
(c) Does not conduct his business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;
(d) Is in such financial condition that he cannot continue in business with safety to his customers;
(e) Has made a material misrepresentation in connection with any transaction governed by this chapter;
(f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the licensee knew or, by the exercise of reasonable diligence, should have known;
(g) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the licensee possesses and which, if submitted by him, would have rendered the licensee ineligible to be licensed pursuant to the provisions of this chapter;
(h) Has failed to account to persons interested for all money received for a trust account;
(i) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;
(j) Has been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage brokers or any crime involving fraud, misrepresentation or moral turpitude;
(k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the licensee is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;
(l) Has failed to satisfy a claim made by a client which has been reduced to judgment;
(m) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;
(n) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use;
(o) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;
(p) Has repeatedly violated the policies and procedures of the mortgage broker;
(q) Has failed to exercise reasonable supervision over the activities of a mortgage agent as required by NRS 645B.460;
κ2003 Statutes of Nevada, Page 2726 (CHAPTER 447, AB 55)κ
(r) Has instructed a mortgage agent to commit an act that would be cause for the revocation of the license of the mortgage broker, whether or not the mortgage agent commits the act;
(s) Has employed a person as a mortgage agent or authorized a person to be associated with the licensee as a mortgage agent at a time when the licensee knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:
(1) Had been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage agents or any crime involving fraud, misrepresentation or moral turpitude; or
(2) Had a financial services license or registration suspended or revoked within the immediately preceding 10 years; or
(t) Has not conducted verifiable business as a mortgage broker for 12 consecutive months, except in the case of a new applicant. The Commissioner shall determine whether a mortgage broker is conducting business by examining the monthly reports of activity submitted by the licensee or by conducting an examination of the licensee.
Sec. 58. NRS 645C.460 is hereby amended to read as follows:
645C.460 1. Grounds for disciplinary action against a certified or licensed appraiser or registered intern include:
(a) Unprofessional conduct;
(b) Professional incompetence;
(c) A criminal conviction for a felony relating to the practice of appraisers or any offense involving moral turpitude; and
(d) The suspension or revocation of a registration card, certificate, license or permit to act as an appraiser in any other jurisdiction.
2. If grounds for disciplinary action against an appraiser or intern exist, the Commission may do one or more of the following:
(a) Revoke or suspend his certificate, license or registration card.
(b) Place conditions upon his certificate, license or registration card, or upon the reissuance of a certificate, license or registration card revoked pursuant to this section.
(c) Deny the renewal of his certificate, license or registration card.
(d) Impose a fine of not more than $1,000 for each violation.
3. If a certificate, license or registration card is revoked by the Commission, another certificate, license or registration card must not be issued to the same appraiser or intern for at least 1 year after the date of the revocation, or at any time thereafter except in the sole discretion of the Administrator, and then only if the appraiser or intern satisfies all the requirements for an original certificate, license or registration card.
4. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Commission.
Sec. 59. NRS 645E.200 is hereby amended to read as follows:
645E.200 1. A person who wishes to be licensed as a mortgage company must file a written application for a license with the Office of the Commissioner and pay the fee required pursuant to NRS 645E.280. An application for a license as a mortgage company must:
(a) Be verified.
(b) State the name, residence address and business address of the applicant and the location of each principal office and branch office at which the mortgage company will conduct business in this state, including, without limitation, any office or other place of business located outside this state from which the mortgage company will conduct business in this state.
κ2003 Statutes of Nevada, Page 2727 (CHAPTER 447, AB 55)κ
limitation, any office or other place of business located outside this state from which the mortgage company will conduct business in this state.
(c) State the name under which the applicant will conduct business as a mortgage company.
(d) If the applicant is not a natural person, list the name, residence address and business address of each person who will have an interest in the mortgage company as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.
(e) Indicate the general plan and character of the business.
(f) State the length of time the applicant has been engaged in the business of a mortgage company.
(g) Include a financial statement of the applicant.
(h) Include any other information required pursuant to the regulations adopted by the Commissioner or an order of the Commissioner.
2. If a mortgage company will conduct business in this state at one or more branch offices, the mortgage company must apply for a license for each such branch office.
3. Except as otherwise provided in this chapter, the Commissioner shall issue a license to an applicant as a mortgage company if:
(a) The application complies with the requirements of this chapter; and
(b) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:
(1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of a mortgage company in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the Commissioner.
(2) Has not been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage companies or any crime involving fraud, misrepresentation or moral turpitude.
(3) Has not made a false statement of material fact on his application.
(4) Has not had a license that was issued pursuant to the provisions of this chapter or chapter 645B of NRS suspended or revoked within the 10 years immediately preceding the date of his application.
(5) Has not had a license that was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of his application.
(6) Has not violated any provision of this chapter or chapter 645B of NRS, a regulation adopted pursuant thereto or an order of the Commissioner.
4. If an applicant is a partnership, corporation or unincorporated association, the Commissioner may refuse to issue a license to the applicant if any member of the partnership or any officer or director of the corporation or unincorporated association has committed any act or omission that would be cause for refusing to issue a license to a natural person.
5. A person may apply for a license for an office or other place of business located outside this state from which the applicant will conduct business in this state if the applicant or a subsidiary or affiliate of the applicant has a license issued pursuant to this chapter for an office or other place of business located in this state and if the applicant submits with the application for a license a statement signed by the applicant which states that the applicant agrees to:
κ2003 Statutes of Nevada, Page 2728 (CHAPTER 447, AB 55)κ
(a) Make available at a location within this state the books, accounts, papers, records and files of the office or place of business located outside this state to the Commissioner or a representative of the Commissioner; or
(b) Pay the reasonable expenses for travel, meals and lodging of the Commissioner or a representative of the Commissioner incurred during any investigation or examination made at the office or place of business located outside this state.
The applicant must be allowed to choose between paragraph (a) or (b) in complying with the provisions of this subsection.
Sec. 60. NRS 645E.670 is hereby amended to read as follows:
645E.670 1. For each violation committed by an applicant, whether or not he is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than $10,000, if the applicant:
(a) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;
(b) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or
(c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his application for a license or during the course of the investigation of his application for a license.
2. For each violation committed by a licensee, the Commissioner may impose upon the licensee an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the licensee, whether or not acting as such:
(a) Is insolvent;
(b) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;
(c) Does not conduct his business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;
(d) Is in such financial condition that he cannot continue in business with safety to his customers;
(e) Has made a material misrepresentation in connection with any transaction governed by this chapter;
(f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the licensee knew or, by the exercise of reasonable diligence, should have known;
(g) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the licensee possesses and which, if submitted by him, would have rendered the licensee ineligible to be licensed pursuant to the provisions of this chapter;
(h) Has failed to account to persons interested for all money received for a trust account;
(i) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;
κ2003 Statutes of Nevada, Page 2729 (CHAPTER 447, AB 55)κ
Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;
(j) Has been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of mortgage companies or any crime involving fraud, misrepresentation or moral turpitude;
(k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the licensee is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;
(l) Has failed to satisfy a claim made by a client which has been reduced to judgment;
(m) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;
(n) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use; or
(o) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice.
Sec. 61. NRS 648.110 is hereby amended to read as follows:
648.110 1. Before the Board grants any license, the applicant, including each director and officer of a corporate applicant, must:
(a) Be at least 21 years of age.
(b) Be a citizen of the United States or lawfully entitled to remain and work in the United States.
(c) Be of good moral character and temperate habits.
(d) Have no conviction of [a] :
(1) A felony relating to the practice for which the applicant wishes to be licensed; or [a]
(2) Any crime involving moral turpitude or the illegal use or possession of a dangerous weapon.
2. Each applicant, or the qualifying agent of a corporate applicant, must:
(a) If an applicant for a private investigators license, have at least 5 years experience as an investigator, or the equivalent thereof, as determined by the Board.
(b) If an applicant for a repossessors license, have at least 5 years experience as a repossessor, or the equivalent thereof, as determined by the Board.
(c) If an applicant for a private patrolmans license, have at least 5 years experience as a private patrolman, or the equivalent thereof, as determined by the Board.
(d) If an applicant for a process servers license, have at least 2 years experience as a process server, or the equivalent thereof, as determined by the Board.
(e) If an applicant for a dog handlers license, demonstrate to the satisfaction of the Board his ability to handle, supply and train watchdogs.
(f) If an applicant for a license as an intern, have:
(1) Received:
(I) A baccalaureate degree from an accredited college or university and have at least 1 years experience in investigation or polygraphic examination satisfactory to the Board;
(II) An associate degree from an accredited college or university and have at least 3 years experience; or
κ2003 Statutes of Nevada, Page 2730 (CHAPTER 447, AB 55)κ
(III) A high school diploma or its equivalent and have at least 5 years experience; and
(2) Satisfactorily completed a basic course of instruction in polygraphic techniques satisfactory to the Board.
(g) If an applicant for a license as a polygraphic examiner:
(1) Meet the requirements contained in paragraph (f);
(2) Have actively conducted polygraphic examinations for at least 2 years;
(3) Have completed successfully at least 250 polygraphic examinations, including at least 100 examinations concerning specific inquiries as distinguished from general examinations for the purpose of screening;
(4) Have completed successfully at least 50 polygraphic examinations, including 10 examinations concerning specific inquiries, during the 12 months immediately before the date of his application; and
(5) Have completed successfully at least 24 hours of advanced polygraphic training acceptable to the Board during the 2 years immediately before the date of his application.
(h) Meet other requirements as determined by the Board.
3. The Board, when satisfied from recommendations and investigation that the applicant is of good character, competency and integrity, may issue and deliver a license to the applicant entitling him to conduct the business for which he is licensed, for the period which ends on July 1 next following the date of issuance.
4. For the purposes of this section, 1 year of experience consists of 2,000 hours of experience.
Sec. 62. NRS 648.150 is hereby amended to read as follows:
648.150 The Board may discipline any licensee for any of the following causes:
1. Conviction of a felony relating to the practice of the licensee or of any offense involving moral turpitude.
2. Violation of any of the provisions of this chapter or of a regulation adopted pursuant thereto.
3. A false statement by the licensee that any person is or has been in his employ.
4. Any unprofessional conduct or unfitness of the licensee or any person in his employ.
5. Any false statement or the giving of any false information in connection with an application for a license or a renewal or reinstatement of a license.
6. Any act in the course of the licensees business constituting dishonesty or fraud.
7. Impersonation or aiding and abetting an employee in the impersonation of a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.
8. During the period between the expiration of a license for the failure to renew within the time fixed by this chapter and the reinstatement of the license, the commission of any act which would be a cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.
κ2003 Statutes of Nevada, Page 2731 (CHAPTER 447, AB 55)κ
9. Willful failure or refusal to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.
10. Commission of assault, battery or kidnapping.
11. Knowing violation of any court order or injunction in the course of business as a licensee.
12. Any act which is a ground for denial of an application for a license under this chapter.
13. Willfully aiding or abetting a person in a violation of a provision of this chapter or a regulation adopted pursuant thereto.
Sec. 63. NRS 649.085 is hereby amended to read as follows:
649.085 Every individual applicant, every officer and director of a corporate applicant, and every member of a firm or partnership applicant for a license as a collection agency or collection agent must submit proof satisfactory to the Commissioner that he:
1. Is a citizen of the United States or lawfully entitled to remain and work in the United States.
2. Has a good reputation for honesty, trustworthiness, integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.
3. Has not had a collection agency license suspended or revoked within the 10 years immediately preceding the date of the application.
4. Has not been convicted of, or entered a plea of nolo contendere to [, a] :
(a) A felony relating to the practice of collection agencies or collection agents; or [any]
(b) Any crime involving fraud, misrepresentation or moral turpitude.
5. Has not made a false statement of material fact on his application.
6. Will maintain one or more offices in this state for the transaction of the business of his collection agency.
7. Has established a plan to ensure that his collection agency will provide the services of a collection agency adequately and efficiently.
Sec. 64. NRS 652.220 is hereby amended to read as follows:
652.220 A license may be denied, suspended or revoked if the laboratory, laboratory director or any technical employee of the laboratory:
1. Violates any provision of this chapter;
2. Makes any misrepresentation in obtaining a license;
3. Has been convicted of a felony [;] relating to the position for which the applicant has applied or the licensee has been licensed pursuant to this chapter;
4. Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
5. Is guilty of unprofessional conduct;
6. Knowingly permits the use of the name of a licensed laboratory or its director by an unlicensed laboratory; or
7. Fails to meet the minimum standards prescribed by the Board.
Sec. 65. NRS 654.190 is hereby amended to read as follows:
654.190 1. The Board may, after notice and hearing, impose an administrative fine of not more than $2,500 on and suspend or revoke the license of any nursing facility administrator or administrator of a residential facility for groups who:
κ2003 Statutes of Nevada, Page 2732 (CHAPTER 447, AB 55)κ
(a) Is convicted of a felony [,] relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.
(b) Has obtained his license by the use of fraud or deceit.
(c) Violates any of the provisions of this chapter.
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
(e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups.
2. The Board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing not less than 10 days before the date of the hearing.
3. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Board.
Sec. 66. NRS 656.240 is hereby amended to read as follows:
656.240 The Board may refuse to issue or to renew or may suspend or revoke any certificate for any one or a combination of the following causes:
1. If the applicant or court reporter has by false representation obtained or sought to obtain a certificate for himself or any other person.
2. If the applicant or court reporter has been found in contempt of court, arising out of his conduct in performing or attempting to perform any act as a court reporter.
3. If the applicant or court reporter has been convicted of a crime related to the qualifications, functions and responsibilities of a certified court reporter.
4. If the applicant or court reporter has been convicted of [a felony or gross misdemeanor or of] any offense involving moral turpitude.
The judgment of conviction or a certified copy of the judgment is conclusive evidence of conviction of an offense.
Sec. 67. NRS 676.290 is hereby amended to read as follows:
676.290 1. The Commissioner may, pursuant to the procedure provided in this chapter, deny, suspend or revoke any license for which application has been made or which has been issued under the provisions of this chapter if he finds, as to the licensee, its associates, directors or officers, grounds for action.
2. Any one of the following grounds may provide the requisite grounds for denial, suspension or revocation:
(a) Conviction of a felony relating to the practice of debt adjusters or of a misdemeanor involving moral turpitude.
(b) Violation of any of the provisions of this chapter or regulations of the Commissioner.
(c) Fraud or deceit in procuring the issuance of the license.
(d) Continuous course of unfair conduct.
(e) Insolvency, filing in bankruptcy, receivership or assigning for the benefit of creditors by any licensee or applicant for a license under this chapter.
(f) Failure to pay the fee for renewal or reinstatement of a license.
κ2003 Statutes of Nevada, Page 2733 (CHAPTER 447, AB 55)κ
3. The Commissioner shall, after notice and hearing, impose upon the licensee a fine of $500 for each violation by the licensee of any of the provisions of this chapter or regulations of the Commissioner. If a fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Commissioner.
Sec. 68. NRS 692A.105 is hereby amended to read as follows:
692A.105 1. The Commissioner may refuse to license any title agent or escrow officer or may suspend or revoke any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:
(a) In the case of a title agent, is insolvent or in such a financial condition that he cannot continue in business with safety to his customers;
(b) Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;
(c) Has committed fraud in connection with any transaction governed by this chapter;
(d) Has intentionally or knowingly made any misrepresentation or false statement to, or concealed any essential or material fact known to him from, any principal or designated agent of the principal in the course of the escrow business;
(e) Has intentionally or knowingly made or caused to be made to the Commissioner any false representation of a material fact or has suppressed or withheld from him any information which the applicant or licensee possesses;
(f) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;
(g) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;
(h) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter;
(i) Has been convicted of a felony relating to the practice of title agents or any misdemeanor of which an essential element is fraud;
(j) In the case of a title agent, has failed to maintain complete and accurate records of all transactions within the last 7 years;
(k) Has commingled the money of other persons with his own or converted the money of other persons to his own use;
(l) Has failed, before the close of escrow, to obtain written instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow;
(m) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction;
(n) In the case of an escrow officer, has been convicted of, or entered a plea of guilty or nolo contendere to, any crime involving moral turpitude; or
κ2003 Statutes of Nevada, Page 2734 (CHAPTER 447, AB 55)κ
(o) Has failed to obtain and maintain a copy of the executed agreement or contract that establishes the conditions for the sale of real property.
2. It is sufficient cause for the imposition of a fine or the refusal, suspension or revocation of the license of a partnership, corporation or any other association if any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission directly arising from the business activities of a title agent which would be cause for such action had the applicant or licensee been a natural person.
3. The Commissioner may suspend or revoke the license of a title agent, or impose a fine, if the Commissioner finds that the title agent:
(a) Failed to maintain adequate supervision of an escrow officer title agent he has appointed or employed.
(b) Instructed an escrow officer to commit an act which would be cause for the revocation of the escrow officers license and the escrow officer committed the act. An escrow officer is not subject to disciplinary action for committing such an act under instruction by the title agent.
4. The Commissioner may refuse to issue a license to any person who, within 10 years before the date of applying for a current license, has had suspended or revoked a license issued pursuant to this chapter or a comparable license issued by any other state, district or territory of the United States or any foreign country.
Sec. 69. NRS 706.8841 is hereby amended to read as follows:
706.8841 1. The Administrator shall issue a drivers permit to qualified persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a drivers permit, the Administrator shall:
(a) Require the applicant to submit a set of his fingerprints, which must be forwarded to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicants background; and
(b) Require proof that the applicant:
(1) Has been a resident of the State for 30 days before his application for a permit;
(2) Can read and orally communicate in the English language; and
(3) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab in this state.
2. The Administrator may refuse to issue a drivers permit if the applicant has been convicted of:
(a) A felony [, other than a felony involving any sexual offense,] relating to the practice of taxicab drivers in this state or any other jurisdiction [within 5 years] at any time before the date of the application;
(b) A felony involving any sexual offense in this state or any other jurisdiction at any time before the date of the application; or
(c) A violation of NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct within 3 years before the date of the application.
3. The Administrator may refuse to issue a drivers permit if the Administrator, after the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the drivers permit would be detrimental to public health, welfare or safety.
4. A taxicab driver shall pay to the Administrator, in advance, $20 for an original drivers permit and $5 for a renewal.
Sec. 70. NRS 176A.860 is hereby repealed.
κ2003 Statutes of Nevada, Page 2735 (CHAPTER 447, AB 55)κ
Sec. 71. 1. Any person residing in this state who, before July 1, 2003, was:
(a) Honorably discharged from probation pursuant to NRS 176A.850;
(b) Pardoned pursuant to NRS 213.090;
(c) Honorably discharged from parole pursuant to NRS 213.154 and 213.155; or
(d) Released from prison pursuant to NRS 213.157,
in this state or elsewhere, who is not on probation or parole or serving a sentence of imprisonment on July 1, 2003, and who has not had his civil rights restored is hereby restored to the civil rights set forth in subsection 2.
2. A person listed in subsection 1:
(a) Is immediately restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(b) Four years after the date on which he is released from his sentence of imprisonment, is restored to the right to hold office.
(c) Six years after the date on which he is released from his sentence of imprisonment, is restored to the right to serve as a juror in a criminal action.
3. A person who is restored to his civil rights pursuant to this section and whose official documentation which demonstrates that the person qualifies to have his civil rights restored pursuant to subsection 1 is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person qualifies to have his civil rights restored pursuant to subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 2. A person must not be required to pay a fee to receive such an order.
4. A person who is restored to his civil rights pursuant to this section may present official documentation that he qualifies to have his civil rights restored pursuant to subsection 1 or a court order restoring his civil rights as proof that he has been restored to the civil rights set forth in subsection 2.
Sec. 72. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 73. 1. This section and sections 1 to 53, inclusive, and 55 to 72, inclusive, of this act become effective on July 1, 2003.
2. Section 53 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for support of one or more children,
are repealed by the Congress of the United States.
3. Section 54 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
κ2003 Statutes of Nevada, Page 2736 (CHAPTER 447, AB 55)κ
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for support of one or more children,
are repealed by the Congress of the United States.
________
Assembly Bill No. 388Assemblymen Koivisto, Pierce, McClain, Parks, Ohrenschall, Anderson, Christensen, Claborn and Giunchigliani (by request)
CHAPTER 448
AN ACT relating to public employees; authorizing one or more local government employers and employee organizations to establish a trust fund to provide health and welfare benefits to participating employees and their dependents; establishing requirements for the administration of the trust; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.615 is hereby amended to read as follows:
286.615 1. In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada [,] who retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered or had his dependents covered by any group insurance , plan of benefits or medical and hospital service established pursuant to NRS 287.010 [and 287.020,] , 287.020 or section 2 of this act, has the option of having the Executive Officer deduct and pay his premium or contribution for that [group insurance or medical and hospital service] coverage, as well as the amount due or to become due upon any obligation designated by the Board pursuant to subsection 2, from his monthly retirement allowance until:
(a) He notifies the Executive Officer to discontinue the deduction; or
(b) Any of his dependents elect to assume the premium or contribution applicable to the dependents coverage before the death of such a retired person and continue coverage pursuant to NRS 287.023 after his death.
2. The Board may adopt regulations to carry out the provisions of subsection 1, including, but not limited to, regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the Board at the option of the officer or employee pursuant to this section.
3. The Executive Officer, Board and System are not liable for any damages resulting from errors or omissions concerning the deductions and payment of premiums or contributions authorized pursuant to this section unless willful neglect or gross negligence is proven.
κ2003 Statutes of Nevada, Page 2737 (CHAPTER 448, AB 388)κ
payment of premiums or contributions authorized pursuant to this section unless willful neglect or gross negligence is proven.
Sec. 2. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A local government employer and any employee organization that is recognized by the employer pursuant to chapter 288 of NRS may, by written agreement between themselves or with other local government employers and employee organizations, establish a trust fund to provide health and welfare benefits to active and retired employees of the participating employers and the dependents of those employees.
2. All contributions made to a trust fund established pursuant to this section must be held in trust and used:
(a) To provide, from principal or income, or both, for the benefit of the participating employees and their dependents, medical, hospital, dental, vision, death, disability or accident benefits, or any combination thereof, and any other benefit appropriate for an entity that qualifies as a voluntary employees beneficiary association under Section 501(c)(9) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(9), as amended; and
(b) To pay any reasonable administrative expenses incident to the provision of these benefits and the administration of the trust.
3. The basis on which contributions are to be made to the trust must be specified in a collective bargaining agreement between each participating local government employer and employee organization or in a written participation agreement between the employer and employee organization, jointly, and the trust.
4. The trust must be administered by a board of trustees on which participating local government employers and employee organizations are equally represented. The agreement that establishes the trust must:
(a) Set forth the powers and duties of the board of trustees, which must not be inconsistent with the provisions of this section;
(b) Establish a procedure for resolving expeditiously any deadlock that arises among the members of the board of trustees; and
(c) Provide for an audit of the trust, at least annually, the results of which must be reported to each participating employer and employee organization.
5. As used in this section:
(a) Employee organization has the meaning ascribed to it in NRS 288.040.
(b) Local government employer has the meaning ascribed to it in NRS 288.060.
Sec. 3. NRS 287.021 is hereby amended to read as follows:
287.021 1. Except as otherwise provided in subsection 3, the surviving spouse and any surviving child of a police officer or fireman who was:
(a) Employed by a public agency that had established group insurance , a plan of benefits or medical and hospital service pursuant to NRS 287.010, 287.020 or 287.025 [;] or section 2 of this act; and
(b) Killed in the line of duty,
may elect to accept or continue coverage under that group insurance , plan or medical and hospital service if the police officer or fireman was a participant or would have been eligible to participate in the group insurance , plan or medical and hospital service on the date of the death of the police officer or fireman.
κ2003 Statutes of Nevada, Page 2738 (CHAPTER 448, AB 388)κ
fireman. If the surviving spouse or child elects to accept coverage under the group insurance , plan or medical and hospital service in which the police officer or fireman would have been eligible to participate or to discontinue coverage under the group insurance , plan or medical and hospital service in which the police officer or fireman was a participant, the spouse, child or legal guardian of the child must notify in writing the public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.
2. The public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the group insurance , plan of benefits or medical and hospital service for the surviving spouse or child who meets the requirements set forth in subsection 1.
3. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.
4. As used in this section police officer has the meaning ascribed to it in NRS 617.135.
Sec. 4. NRS 287.023 is hereby amended to read as follows:
287.023 1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance , plan of benefits or medical and hospital service established pursuant to NRS 287.010 [and 287.020,] , 287.020 or section 2 of this act, the officer or employee has the option upon retirement to cancel or continue any such [group insurance or medical and hospital service] coverage or join the Public Employees Benefits Program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.
2. A retired person who continues coverage under the Public Employees Benefits Program shall assume the portion of the premium or membership costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees. A person who joins the Public Employees Benefits Program for the first time upon retirement shall assume all costs for the coverage. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the Public Employees Retirement System to continue coverage.
3. Except as otherwise provided in NRS 287.0235, notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired employee and his dependents shall be deemed to have selected the option to cancel the coverage or not to join the Public Employees Benefits Program, as the case may be.
κ2003 Statutes of Nevada, Page 2739 (CHAPTER 448, AB 388)κ
4. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state may pay the cost, or any part of the cost, of [group insurance and medical and hospital service] coverage for persons eligible for [that] coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.
Sec. 5. NRS 287.024 is hereby amended to read as follows:
287.024 1. If a member of the board of trustees of a school district who has served at least one full term of office does not seek reelection or is defeated for reelection and, upon the expiration of his term of office, was covered or had his dependents covered by any group insurance , plan of benefits or medical and hospital service established pursuant to NRS 287.010 [and 287.020,] , 287.020 or section 2 of this act, the board member has the option upon the expiration of his term of office to cancel or continue any such [group insurance] coverage to the extent that [such] coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq. A board member who continues coverage [under the program of group insurance] pursuant to this section shall assume all costs for the continued coverage. A dependent of such a board member has the option, which may be exercised to the same extent and in the same manner as the board member, to cancel or continue coverage in effect on the date the board member dies.
2. Notice of the selection of the option must be given in writing to the board of trustees of the school district within 30 days after the expiration of the board members term of office or the date of his death, as the case may be. If no notice is given by that date, the board member and his dependents shall be deemed to have selected the option to cancel the coverage.
Sec. 6. NRS 287.025 is hereby amended to read as follows:
287.025 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may, in addition to the other powers granted in NRS 287.010 and 287.020 [:] and section 2 of this act:
1. Negotiate and contract with any other such agency or with the Board of the Public Employees Benefits Program to secure group insurance for its officers and employees and their dependents by participation in any group insurance plan established or to be established or in the Public Employees Benefits Program. Each such contract:
(a) Must be submitted to the Commissioner of Insurance not less than 30 days before the date on which the contract is to become effective for approval.
(b) Does not become effective unless approved by the Commissioner.
(c) Shall be deemed to be approved if not disapproved by the Commissioner [of Insurance] within 30 days after its submission.
2. To secure group health, life or workers compensation insurance for its officers and employees and their dependents, participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this state to secure such insurance for its members from an insurer licensed pursuant to the provisions of title 57 of NRS.
3. In addition to the provisions of subsection 2, participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this state to:
κ2003 Statutes of Nevada, Page 2740 (CHAPTER 448, AB 388)κ
(a) Facilitate contractual arrangements for the provision of medical services to its members officers and employees and their dependents and for related administrative services.
(b) Procure health-related information and disseminate that information to its members officers and employees and their dependents.
Sec. 7. NRS 287.030 is hereby amended to read as follows:
287.030 No provisions of law prohibiting, restricting or limiting the assignment of or order for wages or salary shall be deemed in any way to prohibit, restrict or limit the powers enumerated in NRS 287.010 and 287.020, and section 2 of this act, nor the right and power of officers or employees to authorize and approve payment of premiums or contributions by wage and salary deductions.
Sec. 8. NRS 287.040 is hereby amended to read as follows:
287.040 The provisions of NRS 287.010 to 287.040, inclusive, and section 2 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 [,] or in an agreement entered into pursuant to subsection 3 of section 2 of this act, to make any contributions for the payment of any premiums or other costs for group insurance , a plan of benefits, 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] any such coverage or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums or contributions therefor.
Sec. 9. NRS 287.0475 is hereby amended to read as follows:
287.0475 1. A public employee who has retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, or a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, which was provided to him and his dependents at the time of his retirement pursuant to NRS 287.010 or 287.020 or section 2 of this act or the Program as a public employee by:
(a) Giving written notice of his intent to reinstate the insurance to the employees last public employer not later than January 31, of an even-numbered year;
(b) Accepting the public employers current program or plan of insurance and any subsequent changes thereto; and
(c) Paying any portion of the premiums or contributions of the public employers program or plan of insurance, in the manner set forth in NRS 1A.470 or 286.615, which are due from the date of reinstatement and not paid by the public employer.
The last public employer shall give the insurer notice of the reinstatement no later than March 31, of the year in which the public employee or surviving spouse gives notice of his intent to reinstate the insurance. The insurer shall approve or disapprove the request for reinstatement within 90 days after the date of the request.
2. Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 6 months before reinstatement unless:
κ2003 Statutes of Nevada, Page 2741 (CHAPTER 448, AB 388)κ
(a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after the reinstatement; or
(b) The reinstated insurance has been in effect more than 12 consecutive months.
Sec. 10. NRS 683A.025 is hereby amended to read as follows:
683A.025 1. Except as limited by this section, administrator means a person who:
(a) Directly or indirectly underwrites or collects charges or premiums from or adjusts or settles claims of residents of this state or any other state from within this state in connection with workers compensation insurance, life or health insurance coverage or annuities, including coverage or annuities provided by an employer for his employees;
(b) Administers an internal service fund pursuant to NRS 287.010;
(c) Administers a trust established pursuant to section 2 of this act, under a contract with the trust;
(d) Administers a program of self-insurance for an employer;
[(d)] (e) Administers a program which is funded by an employer and which provides pensions, annuities, health benefits, death benefits or other similar benefits for his employees; or
[(e)] (f) Is an insurance company that is licensed to do business in this state or is acting as an insurer with respect to a policy lawfully issued and delivered in a state where the insurer is authorized to do business, if the insurance company performs any act described in paragraphs (a) to [(d),] (e), inclusive, for or on behalf of another insurer.
2. Administrator does not include:
(a) An employee authorized to act on behalf of an administrator who holds a certificate of registration from the Commissioner.
(b) An employer acting on behalf of his employees or the employees of a subsidiary or affiliated concern.
(c) A labor union acting on behalf of its members.
(d) Except as otherwise provided in paragraph [(e)] (f) of subsection 1, an insurance company licensed to do business in this state or acting as an insurer with respect to a policy lawfully issued and delivered in a state in which the insurer was authorized to do business.
(e) A producer of life or health insurance licensed in this state, when his activities are limited to the sale of insurance.
(f) A creditor acting on behalf of his debtors with respect to insurance covering a debt between the creditor and debtor.
(g) A trust and its trustees, agents and employees acting for it, if the trust was established under the provisions of 29 U.S.C. § 186.
(h) Except as otherwise provided in paragraph (c) of subsection 1, a trust and its trustees, agents and employees acting for it, if the trust was established pursuant to section 2 of this act.
(i) A trust which is exempt from taxation under section 501(a) of the Internal Revenue Code, 26 U.S.C. § 501(a), its trustees and employees, and a custodian, his agents and employees acting under a custodial account which meets the requirements of section 401(f) of the Internal Revenue Code, 26 U.S.C. § 401(f).
[(i)] (j) A bank, credit union or other financial institution which is subject to supervision by federal or state banking authorities.
κ2003 Statutes of Nevada, Page 2742 (CHAPTER 448, AB 388)κ
[(j)] (k) A company which issues credit cards, and which advances for and collects premiums or charges from credit card holders who have authorized it to do so, if the company does not adjust or settle claims.
[(k)] (l) An attorney at law who adjusts or settles claims in the normal course of his practice or employment, but who does not collect charges or premiums in connection with life or health insurance coverage or with annuities.
Sec. 11. Sections 1 to 10, inclusive, of this act do not apply to any trust established before July 1, 2003.
Sec. 12. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 355Assemblywoman Giunchigliani
Joint Sponsor: Senator Coffin
CHAPTER 449
AN ACT relating to aeronautics; requiring the board of county commissioners of certain larger counties to designate a preferred airport or other preferred facility for the takeoff and landing of certain commercial helicopters, to make recommendations regarding noise-reducing technological modifications and other measures and to submit to the Federal Aviation Administration certain suggestions regarding new and alternative flight paths for such helicopters; establishing a program for the temporary exemption from personal property taxation of certain commercial helicopters that use the designated preferred airport or other preferred facility or comply substantially with the recommendations relating to noise reduction; establishing a temporary moratorium on the construction or operation of new heliports; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 495 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in sections 2, 3 and 4 of this act, unless the context otherwise requires, commercial helicopter means a rotary-wing aircraft that is operated by a person in the course of conducting a business for which a business license is required pursuant to NRS 364A.130. The term does not include a rotary-wing aircraft that is operated:
1. As an air ambulance, as that term is defined in NRS 450B.030;
2. By or in cooperation with a law enforcement agency, fire-fighting agency or other governmental agency for purposes related to the protection of public health and safety;
3. By a radio station or television station; or
4. By or in cooperation with the military or naval forces of this state or of the United States.
κ2003 Statutes of Nevada, Page 2743 (CHAPTER 449, AB 355)κ
Sec. 3. 1. The board of county commissioners of each county whose population is 400,000 or more shall:
(a) In consultation with affected local governmental entities, designate a preferred airport or other preferred facility for the takeoff and landing of commercial helicopters.
(b) In consultation with the advisory committee on aircraft noise described in NRS 244.414 or such other committee or advisory body as may be established by the county, recommend technological modifications and other measures that may be taken by the owners of commercial helicopters to reduce the noise that is emitted and generated by such helicopters.
(c) Submit to the Federal Aviation Administration suggestions that the Administration may consider for new and alternative flight paths for commercial helicopters to eliminate or minimize the flight of such helicopters over residential areas.
2. The preferred airport or other preferred facility designated pursuant to paragraph (a) of subsection 1:
(a) Must not be the largest airport that is located within the county;
(b) Must not be located within a residential area; and
(c) Must be selected, insofar as is practicable, on the basis that its location will reduce:
(1) The overall impact on the county and on the residents of the county of noise that is emitted and generated by commercial helicopters; and
(2) The risk of danger to the residents of the county related to helicopter traffic.
3. As used in this section, residential area means land that is:
(a) Being used primarily for one- or two-family dwellings or apartments; and
(b) Located adjacent to or near other residentially used land.
Sec. 4. 1. The board of county commissioners of each county whose population is 400,000 or more shall develop a program pursuant to which, if a commercial helicopter:
(a) Uses the preferred airport or other preferred facility designated pursuant to paragraph (a) of subsection 1 of section 3 of this act; or
(b) Complies substantially with the technological modifications and other measures that are recommended pursuant to paragraph (b) of subsection 1 of section 3 of this act,
the owner of the commercial helicopter is thereby eligible to receive an exemption from the personal property tax which would otherwise be attributable to and due for that helicopter pursuant to chapter 361 of NRS.
2. The program developed pursuant to subsection 1:
(a) Must be developed in cooperation with the county assessor of the county;
(b) Must not allow the tax exemption described in that subsection until the fiscal year beginning on July 1, 2004;
(c) Must, with respect to the portion of the program which relates to the use by commercial helicopters of the preferred airport or other preferred facility, set forth minimum thresholds, measured in number of days or by a percentage of takeoffs and landings, for the usage of the preferred airport or other preferred facility by a commercial helicopter before the owner of that helicopter is eligible to receive the tax exemption described in subsection 1;
κ2003 Statutes of Nevada, Page 2744 (CHAPTER 449, AB 355)κ
(d) Must, if an owner of a commercial helicopter desires to receive the tax exemption for using the preferred airport or other preferred facility, as described in paragraph (a) of that subsection, require the owner to, on an annual basis:
(1) Reapply for the exemption; and
(2) Provide proof that the commercial helicopter is using the preferred airport or other preferred facility in accordance with the thresholds established pursuant to paragraph (c); and
(e) Must, if an owner of a commercial helicopter desires to receive the tax exemption for complying substantially with the technological modifications and other measures, as described in paragraph (b) of that subsection, require the owner to, on an annual basis:
(1) Reapply for the exemption; and
(2) Provide proof of substantial compliance with the technological modifications and other measures that are recommended pursuant to paragraph (b) of subsection 1 of section 3 of this act.
Sec. 5. NRS 361.067 is hereby amended to read as follows:
361.067 [All vehicles, as defined in NRS 371.020,] The following vehicles are exempt from taxation under the provisions of this chapter [,] :
1. All vehicles, as defined in NRS 371.020, except mobile homes which constitute real estate or real property.
2. Commercial helicopters meeting the requirements of the program established pursuant to section 4 of this act.
Sec. 6. 1. Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is 400,000 or more, and any other governmental entity within such a county, shall not, during the period commencing on July 1, 2003, and ending on June 30, 2005:
(a) Authorize the construction or operation of a heliport that was not in existence on July 1, 2003; or
(b) Approve or issue any land use permit, the effect of which approval or issuance would be to authorize the construction or operation of a heliport that was not in existence on July 1, 2003.
2. The provisions of subsection 1 do not apply to the extent that those provisions:
(a) Are preempted or prohibited by federal law;
(b) Violate a condition to the receipt of federal money by this state or a political subdivision of this state; or
(c) Preclude the construction or operation of a heliport which is part of the preferred airport or other preferred facility designated pursuant to paragraph (a) of subsection 1 of section 3 of this act.
3. As used in this section:
(a) Helicopter includes:
(1) A rotary-wing aircraft; and
(2) A steep-gradient aircraft that is capable of hovering.
(b) Helipad means a temporary structure that is not designed for permanent use and is built on the ground to enable a helicopter to land safely.
(c) Heliport means any area used or intended to be used for the takeoff or landing of helicopters. The term includes, without limitation:
(1) Any and all areas and buildings that are associated with and necessary to the operation of the heliport; and
(2) A helipad.
κ2003 Statutes of Nevada, Page 2745 (CHAPTER 449, AB 355)κ
(d) Land use permit means a building permit, a change in land use, a change in zoning, a conditional use permit, a special use permit, a waiver or a variance.
Sec. 7. A board of county commissioners shall, on or before January 1, 2004:
1. Make the designation required pursuant to paragraph (a) of subsection 1 of section 3 of this act; and
2. Establish the guidelines for noise described in paragraph (b) of subsection 1 of section 3 of this act.
Sec. 8. 1. This act becomes effective on July 1, 2003.
2. Section 6 of this act expires by limitation on June 30, 2005.
3. Sections 1 to 5, inclusive, and 7 of this act expire by limitation on June 30, 2007.
________
Assembly Bill No. 395Assemblyman Goldwater
CHAPTER 450
AN ACT relating to public welfare; providing for an assessment of a fee on certain facilities for intermediate care and on certain facilities for skilled nursing; requiring the Division of Health Care Financing and Policy of the Department of Human Resources to administer the provisions concerning the assessment; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. Facility for intermediate care has the meaning ascribed to it in NRS 449.0038, but does not include:
1. A facility which meets the requirements of a general or any other special hospital pursuant to chapter 449 of NRS;
2. A facility for intermediate care which limits its care and treatment to those persons who are mentally retarded or who have conditions related to mental retardation; or
3. A facility for intermediate care that is owned or operated by the State of Nevada or any political subdivision of the State of Nevada.
Sec. 4. Facility for skilled nursing has the meaning ascribed to it in NRS 449.0039, but does not include a facility for skilled nursing that is owned or operated by the State of Nevada or any political subdivision of the State of Nevada.
Sec. 5. Nursing facility means a facility for intermediate care or a facility for skilled nursing.
κ2003 Statutes of Nevada, Page 2746 (CHAPTER 450, AB 395)κ
Sec. 6. 1. Each nursing facility that is licensed in this state shall pay a fee assessed by the Division of Health Care Financing and Policy to increase the quality of nursing care in this state.
2. To determine the amount of the fee to assess pursuant to this section, the Division of Health Care Financing and Policy shall establish a uniform rate per non-Medicare patient day that is equivalent to 6 percent of the total annual accrual basis gross revenue for services provided to patients of all nursing facilities licensed in this state. For the purposes of this subsection, total annual accrual basis gross revenue does not include charitable contributions received by a nursing facility.
3. The Division of Health Care Financing and Policy shall calculate the fee owed by each nursing facility by multiplying the total number of days of care provided to non-Medicare patients by the nursing facility, as provided to the Division pursuant to section 7 of this act, by the uniform rate established pursuant to subsection 2.
4. A fee assessed pursuant to this section is due 30 days after the end of the month for which the fee was assessed.
5. The payment of a fee to the Division of Health Care Financing and Policy pursuant to sections 2 to 9, inclusive, of this act is an allowable cost for Medicaid reimbursement purposes.
Sec. 7. 1. Each nursing facility shall file with the Division of Health Care Financing and Policy each month a report setting forth the total number of days of care it provided to non-Medicare patients during the preceding month, the total gross revenue it earned as compensation for services provided to patients during the preceding month and any other information required by the Division.
2. Each nursing facility shall file with the Division of Health Care Financing and Policy any information required and requested by the Division to carry out the provisions of sections 2 to 9, inclusive, of this act.
Sec. 8. 1. There is hereby created in the State Treasury the Fund to Increase the Quality of Nursing Care, to be administered by the Division of Health Care Financing and Policy.
2. The Fund to Increase the Quality of Nursing Care must be a separate and continuing fund, and no money in the Fund reverts to the State General Fund at any time. The interest and income on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.
3. Any money received by the Division of Health Care Financing and Policy pursuant to sections 2 to 9, inclusive, of this act must be deposited in the State Treasury for credit to the Fund to Increase the Quality of Nursing Care, and must be expended, to the extent authorized by federal law, to obtain federal financial participation in the Medicaid Program, and in the manner set forth in subsection 4.
4. Expenditures from the Fund to Increase the Quality of Nursing Care must be used only:
(a) To increase the rates paid to nursing facilities for providing services pursuant to the Medicaid Program and may not be used to replace existing state expenditures paid to nursing facilities for providing services pursuant to the Medicaid Program; and
(b) To administer the provisions of sections 2 to 9, inclusive, of this act. The amount expended pursuant to this paragraph must not exceed 1 percent of the money received from the fees assessed pursuant to sections 2 to 9, inclusive, of this act, and must not exceed the amount authorized for expenditure by the Legislature for administrative expenses in a fiscal year.
κ2003 Statutes of Nevada, Page 2747 (CHAPTER 450, AB 395)κ
to 9, inclusive, of this act, and must not exceed the amount authorized for expenditure by the Legislature for administrative expenses in a fiscal year.
5. If federal law or regulation prohibits the money in the Fund to Increase the Quality of Nursing Care from being used in the manner set forth in this section, the rates paid to nursing facilities for providing services pursuant to the Medicaid Program must be changed:
(a) Except as otherwise provided in paragraph (b), to the rates paid to such facilities on June 30, 2003; or
(b) If the Legislature or the Division of Health Care Financing and Policy has on or after July 1, 2003, changed the rates paid to such facilities through a manner other than the use of expenditures from the Fund to Increase the Quality of Nursing Care, to the rates provided for by the Legislature or the Division of Health Care Financing and Policy.
Sec. 9. The Division of Health Care Financing and Policy shall establish administrative penalties for the late payment by a nursing facility of a fee assessed pursuant to sections 2 to 9, inclusive, of this act.
Sec. 10. NRS 422.2352 is hereby amended to read as follows:
422.2352 As used in sections 2 to 9, inclusive, of this act, NRS 422.2352 to 422.2374, inclusive, 422.301 to 422.306, inclusive, and 422.380 to 422.390, inclusive, unless the context otherwise requires, Administrator means the Administrator of the Division of Health Care Financing and Policy.
Sec. 11. NRS 422.2368 is hereby amended to read as follows:
422.2368 The Administrator may adopt such regulations as are necessary for the administration of NRS 422.2352 to 422.2374, inclusive, 422.301 to 422.306, inclusive, 422.380 to 422.390, inclusive, and 422.580 [.] , and sections 2 to 9, inclusive, of this act.
Sec. 12. NRS 422.2372 is hereby amended to read as follows:
422.2372 The Administrator shall:
1. Supply the Director with material on which to base proposed legislation.
2. Cooperate with the Federal Government and state governments for the more effective attainment of the purposes of this chapter.
3. Coordinate the activities of the Division of Health Care Financing and Policy with other agencies, both public and private, with related or similar activities.
4. Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. Inform the public in regard to the activities and operation of the Division, and provide other information which will acquaint the public with the financing of Medicaid programs.
6. Conduct studies into the causes of the social problems with which the Division is concerned.
7. Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of NRS 422.2352 to 422.2374, inclusive, 422.301 to 422.306, inclusive, 422.380 to 422.390, inclusive, and 422.580 [.] , and sections 2 to 9, inclusive, of this act.
8. Exercise any other powers that are necessary and proper for the standardization of state work, to expedite business, and to promote the efficiency of the service provided by the Division.
κ2003 Statutes of Nevada, Page 2748 (CHAPTER 450, AB 395)κ
Sec. 13. NRS 422.301 is hereby amended to read as follows:
422.301 The Administrator and the Division of Health Care Financing and Policy shall administer the provisions of NRS 422.2352 to 422.2374, inclusive, 422.301 to 422.306, inclusive, 422.380 to 422.390, inclusive, and 422.580, and sections 2 to 9, inclusive, of this act, subject to administrative supervision by the Director.
Sec. 14. 1. The Division of Health Care Financing and Policy of the Department of Human Resources shall begin assessing fees pursuant to this act on July 1, 2003.
2. A nursing facility does not owe a fee assessed pursuant to this act until:
(a) The amendment to the State Plan for Medicaid which increases the rates paid to nursing facilities for providing services pursuant to the Medicaid program is approved by the Federal Government; and
(b) The nursing facilities have been compensated retroactively at the increased rate for services provided pursuant to the Medicaid program on or after July 1, 2003.
Sec. 15. 1. This section and section 7 of this act become effective upon passage and approval.
2. Sections 1 to 6, inclusive, and 8 to 14, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations; and
(b) On July 1, 2003, for all other purposes.
________
Assembly Bill No. 533Committee on Taxation
CHAPTER 451
AN ACT relating to property; revising the qualifications for obtaining an exemption from the property and governmental services taxes for a surviving spouse, blind person, veteran or disabled veteran; eliminating the exemption from such taxes for an orphan child; revising the circumstances under which a person may have the valuation of his property changed or corrected; providing specifically that a tax lien is superior to all other liens on the taxable property; establishing a procedure for the detachment of territory from cities to avoid the division of legal tax parcels; requiring certain digital documents maintained by a county recorder to be in a form that is acceptable to the county recorder and the county assessor; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
κ2003 Statutes of Nevada, Page 2749 (CHAPTER 451, AB 533)κ
Sec. 2. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who owns at least 25 mobile or manufactured homes that are leased within a county for commercial purposes and have not been converted to real property pursuant to NRS 361.244 shall file:
1. A written statement required by NRS 361.265 that includes an inventory of such homes; and
2. With the county assessor of the county in which the homes are situated a report of any new or used mobile or manufactured homes brought into the county as required by NRS 361.562.
Sec. 3. NRS 361.015 is hereby amended to read as follows:
361.015 Bona fide resident means a person who has [established] :
1. Established a residence in the State of Nevada [, and has actually] ; and
2. Actually resided in this state for at least 6 months [.] or has a valid drivers license or identification card issued by the Department of Motor Vehicles of this state.
Sec. 4. NRS 361.080 is hereby amended to read as follows:
361.080 1. The property of surviving spouses , [and orphan children,] not to exceed the amount of $1,000 assessed valuation, is exempt from taxation, but no such exemption may be allowed to anyone but actual bona fide residents of this state, and must be allowed in but one county in this state to the same family.
2. For the purpose of this section, property in which the surviving spouse [or orphan child] has any interest shall be deemed the property of the surviving spouse . [or orphan child.]
3. The person claiming such an exemption shall file with the county assessor an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
4. A surviving spouse is not entitled to the exemption provided by this section in any fiscal year beginning after any remarriage, even if the remarriage is later annulled.
5. Beginning with the 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 5. NRS 361.082 is hereby amended to read as follows:
361.082 1. That portion of real property and tangible personal property which is used for housing and related facilities for persons with low incomes is exempt from taxation if the portion of property qualifies as a low-income unit and is part of a qualified low-income housing project that is funded in part by federal money appropriated pursuant to 42 U.S.C. §§ 12701 et seq. for the year in which the exemption applies.
2. The portion of a qualified low-income housing project that is entitled to the property tax exemption pursuant to subsection 1 must be determined by dividing the total assessed value of the housing project and the land upon which it is situated into the assessed value of the low-income units and related facilities that are occupied by or used exclusively [by] for persons with low incomes.
κ2003 Statutes of Nevada, Page 2750 (CHAPTER 451, AB 533)κ
which it is situated into the assessed value of the low-income units and related facilities that are occupied by or used exclusively [by] for persons with low incomes.
3. The Nevada Tax Commission shall, by regulation, prescribe a form for an application for the exemption described in subsection 1. After an original application is filed, the county assessor of the county in which the housing project is located may mail a form for the renewal of the exemption to the owner of the housing project each year following a year in which the exemption was allowed for that project.
4. A renewal form returned to a county assessor must indicate the total number of units in the housing project and the number of units used for housing and related facilities for persons with low incomes. If the owner of a housing project fails to provide a properly completed renewal form to the county assessor of the county in which the project is located by the date required in NRS 361.155, or fails to qualify for the exemption described in subsection 1, he is not entitled to the exemption in the following fiscal year.
5. As used in this section, the terms low-income unit and qualified low-income housing project have the meanings ascribed to them in 26 U.S.C. § 42.
Sec. 6. NRS 361.085 is hereby amended to read as follows:
361.085 1. The property of all blind persons, not to exceed the amount of $3,000 of assessed valuation, is exempt from taxation, including community property to the extent only of the blind persons interest therein, but no such exemption may be allowed to anyone but bona fide residents of this state, and must be allowed in but one county in this state on account of the same blind person.
2. The person claiming such an exemption [shall] must file with the county assessor an affidavit declaring [his residency] that he is an actual bona fide resident of the State of Nevada, that he is a blind person and that the exemption [has been] is claimed in no other county in this state . [for that year.] The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
3. Upon first claiming the exemption in a county the claimant shall furnish to the assessor a certificate of a licensed physician [licensed under the laws of this state] setting forth that he has examined the claimant and has found him to be a blind person.
4. Beginning with the 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
5. As used in this section, blind person includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
κ2003 Statutes of Nevada, Page 2751 (CHAPTER 451, AB 533)κ
Sec. 7. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of the assessed valuation as set forth in subsection 2, of any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and [January 31, 1955;] May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975; [or]
(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1 [,] ; or
(d) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the government of the United States, regardless of the number of days served on active duty,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. The amount of assessed valuation that is exempt from taxation pursuant to subsection 1:
(a) For Fiscal Year 2001-2002, is $1,250;
(b) For Fiscal Year 2002-2003, is $1,500; and
(c) For Fiscal Year 2003-2004, is $1,750.
3. For the purpose of this section:
(a) For Fiscal Year 2001-2002, the first $1,250 assessed valuation of property in which such a person has any interest;
(b) For Fiscal Year 2002-2003, the first $1,500 assessed valuation of property in which such a person has any interest; and
(c) For Fiscal Year 2003-2004, the first $1,750 assessed valuation of property in which such a person has any interest,
shall be deemed the property of that person.
4. The exemption may be allowed only to a claimant who files an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
5. The affidavit must be made before the county assessor or a notary public and filed with the county assessor. It must state that the affiant is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county in this state. After the filing of the original affidavit, the county assessor shall mail a form for:
(a) The renewal of the exemption; and
κ2003 Statutes of Nevada, Page 2752 (CHAPTER 451, AB 533)κ
(b) The designation of any amount to be credited to the [Veterans Home Account,] Gift Account for Veterans Homes established pursuant to NRS 417.145,
to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
6. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption, and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
7. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
8. If any person files a false affidavit or produces false proof to the county assessor, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
Sec. 8. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $2,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and [January 31, 1955;] May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975; [or]
(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1 [,] ; or
(d) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the government of the United States, regardless of the number of days served on active duty,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section, the first $2,000 assessed valuation of property in which such a person has any interest shall be deemed the property of that person.
κ2003 Statutes of Nevada, Page 2753 (CHAPTER 451, AB 533)κ
3. The exemption may be allowed only to a claimant who files an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
4. The affidavit must be made before the county assessor or a notary public and filed with the county assessor. It must state that the affiant is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county in this state. After the filing of the original affidavit, the county assessor shall mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the [Veterans Home Account,] Gift Account for Veterans Homes established pursuant to NRS 417.145,
to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption, and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person files a false affidavit or produces false proof to the county assessor, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
8. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 2 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 9. NRS 361.0905 is hereby amended to read as follows:
361.0905 1. Any person who qualifies for an exemption pursuant to NRS 361.090 or 361.091 may, in lieu of claiming his exemption:
(a) Pay to the county assessor all or any portion of the amount by which the tax would be reduced if he claimed his exemption; and
(b) Direct the county assessor to deposit that amount for credit to the [Veterans Home] Gift Account for Veterans Homes established pursuant to NRS 417.145.
2. Any person who wishes to waive his exemption pursuant to this section shall designate the amount to be credited to the Account on a form provided by the Nevada Tax Commission.
3. The county assessor shall deposit any money received pursuant to this section with the State Treasurer for credit to the [Veterans Home] Gift Account for Veterans Homes established pursuant to NRS 417.145.
κ2003 Statutes of Nevada, Page 2754 (CHAPTER 451, AB 533)κ
Account for Veterans Homes established pursuant to NRS 417.145. The State Treasurer shall not accept:
(a) For Fiscal Year 2001-2002, more than a total of $1,250,000;
(b) For Fiscal Year 2002-2003, more than a total of $1,500,000; and
(c) For Fiscal Year 2003-2004, more than a total of $1,750,000,
for credit to the Account pursuant to this section and NRS 371.1035 during any fiscal year.
Sec. 10. NRS 361.0905 is hereby amended to read as follows:
361.0905 1. Any person who qualifies for an exemption pursuant to NRS 361.090 or 361.091 may, in lieu of claiming his exemption:
(a) Pay to the county assessor all or any portion of the amount by which the tax would be reduced if he claimed his exemption; and
(b) Direct the county assessor to deposit that amount for credit to the [Veterans Home] Gift Account for Veterans Homes established pursuant to NRS 417.145.
2. Any person who wishes to waive his exemption pursuant to this section shall designate the amount to be credited to the Account on a form provided by the Nevada Tax Commission.
3. The county assessor shall deposit any money received pursuant to this section with the State Treasurer for credit to the [Veterans Home] Gift Account for Veterans Homes established pursuant to NRS 417.145. The State Treasurer shall not accept more than a total of $2,000,000 for credit to the Account pursuant to this section and NRS 371.1035 during any fiscal year.
Sec. 11. NRS 361.091 is hereby amended to read as follows:
361.091 1. A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veterans exemption.
2. The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is:
(a) For Fiscal Year 2001-2002, the first $12,500 assessed valuation;
(b) For Fiscal Year 2002-2003, the first $15,000 assessed valuation; and
(c) For Fiscal Year 2003-2004, the first $17,500 assessed valuation.
3. A person with a permanent service-connected disability of:
(a) Eighty to 99 percent, inclusive, is entitled to:
(1) For Fiscal Year 2001-2002, an exemption of $9,375 assessed value;
(2) For Fiscal Year 2002-2003, an exemption of $11,250 assessed value; and
(3) For Fiscal Year 2003-2004, an exemption of $13,125 assessed value.
(b) Sixty to 79 percent, inclusive, is entitled to:
(1) For Fiscal Year 2001-2002, an exemption of $6,250 assessed value;
(2) For Fiscal Year 2002-2003, an exemption of $7,500 assessed value; and
(3) For Fiscal Year 2003-2004, an exemption of $8,750 assessed value.
For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.
κ2003 Statutes of Nevada, Page 2755 (CHAPTER 451, AB 533)κ
4. The exemption may be allowed only to a claimant who has filed an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at any time by a person claiming an exemption from taxation on personal property.
5. The affidavit must be made before the county assessor or a notary public and be submitted to the county assessor. It must be to the effect that the affiant is a bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1 and that he does not claim the exemption in any other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for :
(a) The renewal of the exemption ; and
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
6. Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicants status, and for that purpose shall require him to produce an original or certified copy of:
(a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;
(b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or
(c) A certificate from the Department of Veterans Affairs or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.
7. A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:
(a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;
(b) The disabled veteran was eligible for the exemption at the time of his death or would have been eligible if he had been a resident of the State of Nevada;
(c) The surviving spouse has not remarried; and
(d) The surviving spouse is a bona fide resident of the State of Nevada.
The affidavit required by this subsection is in addition to the certification required pursuant to subsections 5 and 6. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
8. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.
9. If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.
κ2003 Statutes of Nevada, Page 2756 (CHAPTER 451, AB 533)κ
Sec. 12. NRS 361.091 is hereby amended to read as follows:
361.091 1. A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veterans exemption.
2. The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $20,000 assessed valuation. A person with a permanent service-connected disability of:
(a) Eighty to 99 percent, inclusive, is entitled to an exemption of $15,000 assessed value.
(b) Sixty to 79 percent, inclusive, is entitled to an exemption of $10,000 assessed value.
For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.
3. The exemption may be allowed only to a claimant who has filed an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at any time by a person claiming an exemption from taxation on personal property.
4. The affidavit must be made before the county assessor or a notary public and be submitted to the county assessor. It must be to the effect that the affiant is a bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1 and that he does not claim the exemption in any other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for :
(a) The renewal of the exemption ; and
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
5. Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicants status, and for that purpose shall require him to produce an original or certified copy of:
(a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;
(b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or
(c) A certificate from the Department of Veterans Affairs or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.
6. A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:
(a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;
(b) The disabled veteran was eligible for the exemption at the time of his death or would have been eligible if he had been a resident of the State of Nevada;
(c) The surviving spouse has not remarried; and
κ2003 Statutes of Nevada, Page 2757 (CHAPTER 451, AB 533)κ
(d) The surviving spouse is a bona fide resident of the State of Nevada.
The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
7. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.
8. If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.
9. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsection 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 12.3. NRS 361.155 is hereby amended to read as follows:
361.155 1. All claims for personal tax exemptions on real property, the initial claim of an organization for a tax exemption on real property and the designation of any amount to be credited to the [Veterans Home] Gift Account for Veterans Homes pursuant to NRS 361.0905 must be filed on or before June 15. All exemptions provided for pursuant to this chapter apply on a fiscal year basis and any exemption granted pursuant to this chapter must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.
2. Each claim for an exemption provided for pursuant to this chapter must be filed with the county assessor of:
(a) The county in which the claimant resides for personal tax exemptions; or
(b) Each county in which property is located for the tax exemption of an organization.
3. After the initial claim for an exemption pursuant to NRS 361.088 or 361.098 to 361.150, inclusive, an organization is not required to file annual claims if the property remains exempt. If any portion of the property loses its exemption pursuant to NRS 361.157 or for any other reason becomes taxable, the organization must notify the county assessor.
4. If an exemption is granted or renewed in error because of an incorrect claim or failure of an organization to give the notice required by subsection 3, the assessor shall assess the taxable portion of the property retroactively pursuant to NRS 361.769 and a penalty of 10 percent of the tax due for the current year and any prior years must be added.
Sec. 12.7. NRS 361.1565 is hereby amended to read as follows:
361.1565 The personal property tax exemption to which a surviving spouse, [orphan child,] blind person, veteran or surviving spouse of a disabled veteran is entitled pursuant to NRS 361.080, 361.085, 361.090 or 361.091 is reduced to the extent that he is allowed an exemption from the governmental services tax pursuant to chapter 371 of NRS.
Sec. 13. NRS 361.189 is hereby amended to read as follows:
361.189 1. Not later than July 1, 1979, and thereafter:
κ2003 Statutes of Nevada, Page 2758 (CHAPTER 451, AB 533)κ
(a) All land in this state [shall] must be legally described for tax purposes by parcel number in accordance with the parceling system prescribed by the Department. The provisions of NRS 361.190 to 361.220, inclusive, [shall] must remain in effect until each county has established and implemented the prescribed parceling system.
(b) Each county shall prepare and possess a complete set of maps drawn in accordance with such parceling system for all land in the county.
2. The Department may assist any county in preparing the maps required by subsection 1, if it is shown to the satisfaction of the Department that the county does not have the ability to prepare such maps. The county shall reimburse the Department for its costs from the county general fund. The Department may employ such services as are needed to carry out the provisions of this section.
3. The county assessor shall ensure that the parcels of land on such maps are numbered in the manner prescribed by the Department. The county assessor shall continually update the maps to reflect transfers, conveyances, acquisitions or any other transaction or event that changes the boundaries of any parcel and shall renumber the parcels or prepare new map pages for any portion of the maps to show combinations or divisions of parcels in the manner prescribed by the Department. The maps [shall] must readily disclose precisely what land is covered by any particular parcel number in the current fiscal year.
4. The Department may review such maps annually to ensure that they are being properly updated. If it is determined that such maps are not properly updated, the Department may order the board of county commissioners to employ forthwith one or more qualified persons approved by the Department to prepare the required maps. The payment of all costs incidental thereto [shall be] is a proper charge against the funds of the county, notwithstanding such funds were not budgeted according to law.
5. Such maps [shall] must at all times be available in the office of the county assessor. All such maps [shall] must be retained by the county assessor as a permanent public record.
6. Land [shall] must not be described in any deed or conveyance by reference to any such map unless the map is filed for record in the office of the county recorder of the county in which the land is located.
7. A county assessor shall not reflect on the tax roll a change in the ownership of land in this state unless the document that conveys the ownership of land contains a correct and complete legal description, adequately describing the exact boundaries of the parcel of land. A parcel number assigned by a county assessor does not constitute a correct and complete legal description of the land conveyed.
Sec. 14. (Deleted by amendment.)
Sec. 15. NRS 361.227 is hereby amended to read as follows:
361.227 1. Any person determining the taxable value of real property shall appraise:
(a) The full cash value of:
(1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.
(2) Improved land consistently with the use to which the improvements are being put.
κ2003 Statutes of Nevada, Page 2759 (CHAPTER 451, AB 533)κ
(b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence. Depreciation of an improvement made on real property must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum of 50 years.
2. The unit of appraisal must be a single parcel unless:
(a) The location of the improvements causes two or more parcels to function as a single parcel;
(b) The parcel is one of a group of contiguous parcels which qualifies for valuation as a subdivision pursuant to the regulations of the Nevada Tax Commission; or
(c) In the professional judgment of the person determining the taxable value, the parcel is one of a group of parcels which should be valued as a collective unit.
3. The taxable value of a leasehold interest, possessory interest, beneficial interest or beneficial use for the purpose of NRS 361.157 or 361.159 must be determined in the same manner as the taxable value of the property would otherwise be determined if the lessee or user of the property was the owner of the property and it was not exempt from taxation, except that the taxable value so determined must be reduced by a percentage of the taxable value that is equal to the:
(a) Percentage of the property that is not actually leased by the lessee or used by the user during the fiscal year; and
(b) Percentage of time that the property is not actually leased by the lessee or used by the user during the fiscal year, which must be determined in accordance with NRS 361.2275.
4. The taxable value of other taxable personal property, except a mobile [homes,] or manufactured home, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence. Depreciation of a billboard must be calculated at 1.5 percent of the cost of replacement for each year after the year of acquisition of the billboard, up to a maximum of 50 years.
5. The computed taxable value of any property must not exceed its full cash value. Each person determining the taxable value of property shall reduce it if necessary to comply with this requirement. A person determining whether taxable value exceeds that full cash value or whether obsolescence is a factor in valuation may consider:
(a) Comparative sales, based on prices actually paid in market transactions.
(b) A summation of the estimated full cash value of the land and contributory value of the improvements.
(c) Capitalization of the fair economic income expectancy or fair economic rent, or an analysis of the discounted cash flow.
A county assessor is required to make the reduction prescribed in this subsection if the owner calls to his attention the facts warranting it, if he discovers those facts during physical reappraisal of the property or if he is otherwise aware of those facts.
6. The Nevada Tax Commission shall, by regulation, establish:
(a) Standards for determining the cost of replacement of improvements of various kinds.
(b) Standards for determining the cost of replacement of personal property of various kinds. The standards must include a separate index of factors for application to the acquisition cost of a billboard to determine its replacement cost.
κ2003 Statutes of Nevada, Page 2760 (CHAPTER 451, AB 533)κ
factors for application to the acquisition cost of a billboard to determine its replacement cost.
(c) Schedules of depreciation for personal property based on its estimated life.
(d) Criteria for the valuation of two or more parcels as a subdivision.
7. In determining the cost of replacement of personal property for the purpose of computing taxable value, the cost of all improvements of the personal property, including any additions to or renovations of the personal property, but excluding routine maintenance and repairs, must be added to the cost of acquisition of the personal property.
8. The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property, including, without limitation, copies of any sales data, materials presented on appeal to the county board of equalization or State Board of Equalization and other materials used to determine or defend the taxable value of the property.
9. The provisions of this section do not apply to property which is assessed pursuant to NRS 361.320.
Sec. 16. (Deleted by amendment.)
Sec. 17. NRS 361.260 is hereby amended to read as follows:
361.260 1. Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property that is in his county on July 1 which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property, and he shall then list and assess it to the person, firm, corporation, association or company owning it on July 1 of that fiscal year. He shall take the same action at any time between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.
2. At any time before the lien date for the following fiscal year, the county assessor may include additional personal property and mobile and manufactured homes on the secured tax roll if the owner of the personal property or mobile or manufactured home owns real property within the same taxing district which has an assessed value that is equal to or greater than the taxes for 3 years on both the real property and the personal property or mobile or manufactured home, plus penalties. Personal property and mobile and manufactured homes in the county on July 1, but not on the secured tax roll for the current year, must be placed on the unsecured tax roll for the current year.
3. An improvement on real property in existence on July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year and which is not governed by subsection 4 must be placed on the unsecured tax roll.
4. The value of any property apportioned among counties pursuant to NRS 361.320, 361.321 and 361.323 must be added to the central assessment roll at the assessed value established by the Nevada Tax Commission or as established pursuant to an appeal to the State Board of Equalization.
5. In addition to the inquiry and examination required in subsection 1, for any property not reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by [applying] :
κ2003 Statutes of Nevada, Page 2761 (CHAPTER 451, AB 533)κ
(a) Determining the replacement cost, subtracting all applicable depreciation and obsolescence, applying the assessment ratio for improvements, if any, and applying a factor for land to the assessed value for the preceding year; or
(b) Applying a factor for improvements, if any, and a factor for land to the assessed value for the preceding year. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada Tax Commission.
The factor for land must be developed by the county assessor and approved by the Commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.
6. The county assessor shall reappraise all real property at least once every 5 years.
7. The county assessor shall establish standards for appraising and reappraising land pursuant to this section. In establishing the standards, the county assessor shall consider comparable sales of land before July 1 of the year before the lien date.
8. Each county assessor shall submit a written request to the board of county commissioners and the governing body of each of the local governments located in the county which maintain a unit of government that issues building permits for a copy of each building permit that is issued. Upon receipt of such a request, the governing body shall direct the unit which issues the permits to provide a copy of each permit to the county assessor within a reasonable time after issuance.
Sec. 18. NRS 361.265 is hereby amended to read as follows:
361.265 1. To enable the county assessor to make assessments, he shall demand from each natural person or firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a written statement, signed under penalty of perjury, on forms [to be furnished] and in the format prescribed by the county assessor of all the personal property within the county, owned, claimed, possessed, controlled or managed by those persons, firms, corporations, associations or companies.
2. The statement must include:
(a) A description of the location of any taxable personal property that is owned, claimed, possessed, controlled or managed by the natural person, firm, corporation, association or company, but stored, maintained or otherwise placed at a location other than the principal residence of the natural person or principal place of business of the firm, corporation, association or company; [and]
(b) The cost of acquisition of each item of taxable personal property including the cost of any improvements of the personal property, such as additions to or renovations of the property other than routine maintenance or repairs [.] ; and
(c) If the natural person, firm, corporation, association or company owns at least 25 mobile or manufactured homes that are being leased within the county for commercial purposes, and those homes have not been converted to real property pursuant to NRS 361.244, the year, make or model, size, serial number and location of each such mobile or manufactured home.
κ2003 Statutes of Nevada, Page 2762 (CHAPTER 451, AB 533)κ
model, size, serial number and location of each such mobile or manufactured home.
3. The statement must be returned not later than July 31, except for a statement mailed to the taxpayer after July 15, in which case it must be returned within 15 days after demand for its return is made. Upon petition of the property owner showing good cause, the county assessor may grant one or more 30-day extensions.
4. If the owners of any taxable property not listed by another person are absent or unknown, or fail to provide the written statement as described in subsection 1, the county assessor shall make an estimate of the value of the property and assess it accordingly. If the name of the absent owner is known to the county assessor, the property must be assessed in his name. If the name of the owner is unknown to the county assessor, the property must be assessed to unknown owner , [;] but no mistake made in the name of the owner or the supposed owner of personal property renders the assessment or any sale of the property for taxes invalid.
5. If any person, officer or agent neglects or refuses on demand of the county assessor or his deputy to give the statement required by this section, or gives a false name, or refuses to give his name or sign the statement, he is guilty of a misdemeanor.
Sec. 19. NRS 361.300 is hereby amended to read as follows:
361.300 1. On or before January 1 of each year, the county assessor shall transmit to the county clerk, post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the secured tax roll is completed and open for inspection by interested persons of the county.
2. If the county assessor fails to complete the assessment roll in the manner and at the time specified in this section, the board of county commissioners shall not allow him a salary or other compensation for any day after January 1 during which the roll is not completed, unless excused by the board of county commissioners.
3. Except as otherwise provided in subsection 4, each board of county commissioners shall by resolution, before December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers on the secured roll in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:
(a) To cause such list and valuations to be printed and delivered by the county assessor or mailed by him on or before January 1 of the fiscal year in which assessment is made to each taxpayer in the county; or
(b) To cause such list and valuations to be published once on or before January 1 of the fiscal year in which assessment is made in a newspaper of general circulation in the county.
In addition to complying with paragraph (a) or (b), the list and valuations may also be posted in a public area of the public libraries and branch libraries located in the county, in a public area of the county courthouse and the county office building in which the county assessors office is located, and on a website or other Internet site that is operated or administered by or on behalf of the county or county assessor.
4. A board of county commissioners may, in the resolution required by subsection 3, authorize the county assessor not to deliver or mail the list, as provided in paragraph (a) of subsection 3, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his assessment.
κ2003 Statutes of Nevada, Page 2763 (CHAPTER 451, AB 533)κ
taxpayer a statement of the amount of his assessment. Failure by a taxpayer to receive such a mailed statement does not invalidate any assessment.
5. The several boards of county commissioners in the State may allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.
6. Whenever property is appraised or reappraised pursuant to NRS 361.260, the county assessor shall, on or before [January 1] December 18 of the fiscal year in which the appraisal or reappraisal is made, deliver or mail to each owner of such property a written notice stating its assessed valuation as determined from the appraisal or reappraisal.
7. If the secured tax roll is changed pursuant to NRS 361.310, the county assessor shall mail an amended notice of assessed valuation to each affected taxpayer. The notice must include the dates for appealing the new assessed valuation.
8. Failure by the taxpayer to receive a notice required by this section does not invalidate the appraisal or reappraisal.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 361.340 is hereby amended to read as follows:
361.340 1. Except as otherwise provided in subsection 2, the board of equalization of each county consists of:
(a) Five members, only two of whom may be elected public officers, in counties having a population of 15,000 or more; and
(b) Three members, only one of whom may be an elected public officer, in counties having a population of less than 15,000.
2. The board of county commissioners may by resolution provide for an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year. The board of county commissioners may also appoint alternate members to either panel.
3. A district attorney, county treasurer or county assessor or any of their deputies or employees may not be appointed to the county board of equalization.
4. The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.
5. Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.
6. The county clerk or his designated deputy is the clerk of each panel of the county board of equalization.
7. Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.
8. The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided for state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization.
κ2003 Statutes of Nevada, Page 2764 (CHAPTER 451, AB 533)κ
resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization. In no event may the rate of compensation established by a board of county commissioners exceed $40 per day.
9. A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.
10. The county board of equalization of each county shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. Every appeal to the county board of equalization must be filed not later than January 15. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before the last day of February [28] of each year except as to matters remanded by the State Board of Equalization. The State Board of Equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the boards authority.
11. The county assessor or his deputy shall attend all meetings of each panel of the county board of equalization.
Sec. 22. NRS 361.345 is hereby amended to read as follows:
361.345 1. Except as otherwise provided in subsection 2, the county board of equalization may determine the valuation of any property assessed by the county assessor, and may change and correct any valuation found to be incorrect either by adding thereto or by deducting therefrom such sum as is necessary to make it conform to the taxable value of the property assessed, whether that valuation was fixed by the owner or the county assessor. A change so made is effective only for the fiscal year for which the assessment was made. The county assessor shall each year review all such changes made for the previous fiscal year and maintain or remove each change as circumstances warrant.
2. If a person complaining of the assessment of his property [has] :
(a) Has refused or, without good cause, has neglected to give the county assessor his list under oath, as required by [this chapter, or has] NRS 361.265; or
(b) Has, without good cause, refused entry to the assessor for the purpose of conducting the physical examination required by NRS 361.260,
the county assessor shall make a reasonable estimate of the property and assess it accordingly. No reduction may be made by the county board of equalization from the assessment of the county assessor made pursuant to this subsection.
3. If the county board of equalization finds it necessary to add to the assessed valuation of any property on the assessment roll, it shall direct the clerk to give notice to the person so interested by registered or certified letter, or by personal service, naming the day when it will act on the matter and allowing a reasonable time for the interested person to appear.
κ2003 Statutes of Nevada, Page 2765 (CHAPTER 451, AB 533)κ
Sec. 23. NRS 361.355 is hereby amended to read as follows:
361.355 1. Any person, firm, company, association or corporation, claiming overvaluation or excessive valuation of its real or secured personal property in the State, whether assessed by the Nevada Tax Commission or by the county assessor or assessors, by reason of undervaluation for taxation purposes of the property of any other person, firm, company, association or corporation within any county of the State or by reason of any such property not being so assessed, shall appear before the county board of equalization of the county or counties where the undervalued or nonassessed property is located and make complaint concerning it and submit proof thereon. The complaint and proof must show the name of the owner or owners, the location, the description, and the taxable value of the property claimed to be undervalued or nonassessed.
2. Any person, firm, company, association or corporation wishing to protest the valuation of real or personal property placed on the unsecured tax roll which is assessed between May 1 and December 15 [shall likewise appear before] may appeal the assessment on or before the following January 15 or the first business day following January 15 if it falls on a Saturday, Sunday or holiday to the county board of equalization.
3. The county board of equalization forthwith shall examine the proof and all data and evidence submitted by the complainant, together with any evidence submitted thereon by the county assessor or any other person. If the county board of equalization determines that the complainant has just cause for making the complaint it shall immediately make such increase in valuation of the property complained of as conforms to its taxable value, or cause the property to be placed on the assessment roll at its taxable value, as the case may be, and make proper equalization thereof.
4. Except as provided in subsection 5 and NRS 361.403, any such person, firm, company, association or corporation who fails to make a complaint and submit proof to the county board of equalization of each county wherein it is claimed property is undervalued or nonassessed as provided in this section, is not entitled to file a complaint with, or offer proof concerning that undervalued or nonassessed property to, the State Board of Equalization.
5. If the fact that there is such undervalued or nonassessed property in any county has become known to the complainant after the final adjournment of the county board of equalization of that county for that year, the complainant may file his complaint [no later than] on or before March 10 with the State Board of Equalization and submit his proof as provided in this section at a session of the State Board of Equalization, upon complainant proving to the satisfaction of the State Board of Equalization he had no knowledge of the undervalued or nonassessed property before the final adjournment of the county board of equalization. If March 10 falls on a Saturday, Sunday or legal holiday, the complaint may be filed on the next business day. The State Board of Equalization shall proceed in the matter in the same manner as provided in this section for a county board of equalization in such a case, and cause its order thereon to be certified to the county auditor with direction therein to change the assessment roll accordingly.
Sec. 24. NRS 361.356 is hereby amended to read as follows:
361.356 1. An owner of property who believes that his property was assessed at a higher value than another property whose use is identical and whose location is comparable may appeal the assessment, on or before January 15 of the fiscal year in which the assessment was made, to the county board of equalization.
κ2003 Statutes of Nevada, Page 2766 (CHAPTER 451, AB 533)κ
whose location is comparable may appeal the assessment, on or before January 15 of the fiscal year in which the assessment was made, to the county board of equalization. If January 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day.
2. Before a person may file an appeal pursuant to subsection 1, the person must complete a form provided by the county assessor to appeal the assessment to the county board of equalization. The county assessor may, before providing such a form, require the person requesting the form to provide the parcel number or other identification number of the property that is the subject of the planned appeal.
3. If the board finds that an inequity exists in the assessment of the value of the land or the value of the improvements, or both, the board may add to or deduct from the value of the land or the value of the improvements, or both, either of the appellants property or of the property to which it is compared, to equalize the assessment.
4. In the case of residential property, the appellant shall cite other property within the same subdivision if possible.
Sec. 25. NRS 361.357 is hereby amended to read as follows:
361.357 1. The owner of any property who believes that the full cash value of his property is less than the taxable value computed for the property in the current assessment year, may, not later than January 15 of the fiscal year in which the assessment was made, appeal to the county board of equalization. If January 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day.
2. Before a person may file an appeal pursuant to subsection 1, the person must complete a form provided by the county assessor to appeal the assessment to the county board of equalization. The county assessor may, before providing such a form, require the person requesting the form to provide the parcel number or other identification number of the property that is the subject of the planned appeal.
3. If the county board of equalization finds that the full cash value of the property is less than the taxable value computed for the property, the board shall correct the land value or fix a percentage of obsolescence to be deducted each year from the otherwise computed taxable value of the improvements, or both, to make the taxable value of the property correspond as closely as possible to its full cash value.
4. No appeal under this section may result in an increase in the taxable value of the property.
Sec. 26. NRS 361.360 is hereby amended to read as follows:
361.360 1. Any taxpayer aggrieved at the action of the county board of equalization in equalizing, or failing to equalize, the value of his property, or property of others, or a county assessor, may file an appeal with the State Board of Equalization [no later than] on or before March 10 and present to the State Board of Equalization the matters complained of at one of its sessions. If March 10 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day.
2. All such appeals must be presented upon the same facts and evidence as were submitted to the county board of equalization in the first instance, unless there is discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered before the final adjournment of the county board of equalization. The new evidence must be submitted in writing to the State Board of Equalization and served upon the county assessor not less than 7 days before the hearing.
κ2003 Statutes of Nevada, Page 2767 (CHAPTER 451, AB 533)κ
writing to the State Board of Equalization and served upon the county assessor not less than 7 days before the hearing.
3. Any taxpayer whose real or personal property placed on the unsecured tax roll was assessed after December 15 but before or on the following April 30 may likewise protest to the State Board of Equalization. Every such appeal must be filed on or before May 15. If May 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day. A meeting must be held before May 31 to hear those protests that in the opinion of the State Board of Equalization may have a substantial effect on tax revenues. One or more meetings may be held at any time and place in the State before October 1 to hear all other protests.
4. [If the] The State Board of Equalization may not reduce the assessment of the county assessor if:
(a) The appeal involves an assessment on property which the taxpayer has refused or, without good cause, has neglected to include in the list required of him pursuant to NRS 361.265 or has refused or, without good cause, has neglected to provide the list to the county assessor [, the State Board of Equalization may not reduce the assessment of the county assessor.
5.] ; or
(b) The taxpayer has, without good cause, refused entry to the assessor for the purpose of conducting the physical examination authorized by NRS 361.260.
5. The county assessor shall each year review any change made in an assessment for the previous fiscal year and maintain or remove the change as circumstances warrant.
6. If the State Board of Equalization determines that the record of a case on appeal from the county board of equalization is inadequate because of an act or omission of the county assessor, the district attorney or the county board of equalization, the State Board of Equalization may remand the case to the county board of equalization with directions to develop an adequate record within 30 days after the remand. The directions must indicate specifically the inadequacies to be remedied. If the State Board of Equalization determines that the record returned from the county board of equalization after remand is still inadequate, the State Board of Equalization may hold a hearing anew on the appellants complaint or it may, if necessary, contract with an appropriate person to hear the matter, develop an adequate record in the case and submit recommendations to the State Board. The cost of the contract and all costs, including attorneys fees, to the State or the appellant necessary to remedy the inadequate record on appeal are a charge against the county.
Sec. 27. NRS 361.390 is hereby amended to read as follows:
361.390 Each county assessor shall:
1. File with or cause to be filed with the secretary of the State Board of Equalization, on or before March 10 of each year, the tax roll, or a true copy thereof, of his county for the current year as corrected by the county board of equalization.
2. Prepare and file with the Department on or before January 31, and again on or before [the first Monday in March,] March 5 of each year , a segregation report showing the assessed values for each taxing entity within the county on a form prescribed by the Department. The assessor shall make any projections required for the current fiscal year. The Department shall make any projections required for the upcoming fiscal year.
κ2003 Statutes of Nevada, Page 2768 (CHAPTER 451, AB 533)κ
3. Prepare and file with the Department on or before July 31 for the secured roll and on or before [April 30] May 5 for the unsecured roll, a statistical report showing values for all categories of property on a form prescribed by the Department.
Sec. 28. (Deleted by amendment.)
Sec. 29. NRS 361.450 is hereby amended to read as follows:
361.450 1. Except as otherwise provided in subsection 3, every tax levied under the provisions of or authority of this chapter is a perpetual lien against the property assessed until the tax and any penalty charges and interest which may accrue thereon are paid. Notwithstanding the provisions of any other specific statute, such a lien is superior to all other liens, claims, encumbrances and titles on the property, including, without limitation, interests secured pursuant to the provisions of chapter 104 of NRS, whether or not the lien was filed or perfected first in time.
2. Except as otherwise provided in this subsection, the lien attaches on July 1 of the year for which the taxes are levied, upon all property then within the county. The lien attaches upon all migratory property, as described in NRS 361.505, on the day it is moved into the county. If real and personal property are assessed against the same owner, a lien attaches upon such real property also for the tax levied upon the personal property within the county; and a lien for taxes on personal property also attaches upon real property assessed against the same owner in any other county of the State from the date on which a certified copy of any unpaid property assessment is filed for record with the county recorder in the county in which the real property is situated.
3. All liens for taxes levied under this chapter which have already attached to a mobile or manufactured home expire on the date when the mobile or manufactured home is sold, except the liens for personal property taxes due in the county in which the mobile or manufactured home was situate at the time of sale, for any part of the 12 months immediately preceding the date of sale.
4. All special taxes levied for city, town, school, road or other purposes throughout the different counties of this state are a lien on the property so assessed, and must be assessed and collected by the same officer at the same time and in the same manner as the state and county taxes are assessed and collected.
Sec. 30. NRS 361.483 is hereby amended to read as follows:
361.483 1. Except as otherwise provided in subsection [5,] 6, taxes assessed upon the real property tax roll and upon mobile or manufactured homes are due on the third Monday of August.
2. Taxes assessed upon the real property tax roll may be paid in four approximately equal installments if the taxes assessed on the parcel exceed $100.
3. [Taxes] Except as otherwise provided in this section, taxes assessed upon a mobile or manufactured home may be paid in four installments if the taxes assessed exceed $100.
4. If a taxpayer owns at least 25 mobile or manufactured homes in a county that are leased for commercial purposes, and those mobile or manufactured homes have not been converted to real property pursuant to NRS 361.244, taxes assessed upon those homes may be paid in four installments if, not later than July 31, the taxpayer returns to the county assessor the written statement of personal property required pursuant to NRS 361.265.
κ2003 Statutes of Nevada, Page 2769 (CHAPTER 451, AB 533)κ
assessor the written statement of personal property required pursuant to NRS 361.265.
5. Except as otherwise provided in this section and NRS 361.505, taxes assessed upon personal property may be paid in four approximately equal installments if:
(a) The total personal property taxes assessed exceed $10,000;
(b) Not later than July 31, the taxpayer returns to the county assessor the written statement of personal property required pursuant to NRS 361.265;
(c) The taxpayer files with the county assessor, or county treasurer if the county treasurer has been designated to collect taxes, a written request to be billed in quarterly installments and includes with the request a copy of the written statement of personal property required pursuant to NRS 361.265; and
(d) The [business has been in existence for at least 3 years if the] personal property assessed is the property of a business [.
5.] and the business has paid its personal property taxes without accruing penalties for the immediately preceding 2 fiscal years in any county in the State.
6. If a person elects to pay in installments, the first installment is due on the third Monday of August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.
[6.] 7. If any person charged with taxes which are a lien on real property fails to pay:
(a) Any one installment of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.
(b) Any two installments of the taxes, together with accumulated penalties, on or within 10 days following the day the later installment of taxes becomes due, there must be added thereto a penalty of 5 percent of the two installments due.
(c) Any three installments of the taxes, together with accumulated penalties, on or within 10 days following the day the latest installment of taxes becomes due, there must be added thereto a penalty of 6 percent of the three installments due.
(d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the first Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.
[7.] 8. Any person charged with taxes which are a lien on a mobile or manufactured home who fails to pay the taxes within 10 days after an installment payment is due is subject to the following provisions:
(a) A penalty of 10 percent of the taxes due; and
(b) The county assessor may proceed under NRS 361.535.
[8.] 9. The ex officio tax receiver of a county shall notify each person in the county who is subject to a penalty pursuant to this section of the provisions of NRS 360.419 and 361.4835.
Sec. 31. NRS 361.4835 is hereby amended to read as follows:
361.4835 1. If the county treasurer or the county assessor finds that a persons failure to make a timely return or payment of tax that is assessed by the county treasurer or county assessor and that is imposed pursuant to chapter 361 of NRS, except NRS 361.320, is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent, the county treasurer or the county assessor may relieve him of all or part of any interest or penalty, or both.
κ2003 Statutes of Nevada, Page 2770 (CHAPTER 451, AB 533)κ
without intent, the county treasurer or the county assessor may relieve him of all or part of any interest or penalty, or both.
2. A person seeking this relief must file a statement [under oath] setting forth the facts upon which he bases his claim with the county treasurer or the county assessor.
3. The county treasurer or the county assessor shall disclose, upon the request of any person:
(a) The name of the person; and
(b) The amount of the relief.
4. If the relief sought by the taxpayer is denied, he may appeal from the denial to the Nevada Tax Commission.
5. The county treasurer or the county assessor may defer the decision to the Department.
Sec. 32. NRS 361.484 is hereby amended to read as follows:
361.484 1. As used in this section, acquired means acquired [either by:] :
(a) Pursuant to a purchase order or other sales agreement or by condemnation proceedings pursuant to chapter 37 of NRS, if the property acquired is personal property.
(b) By purchase and deed or by condemnation proceedings pursuant to chapter 37 of NRS [.] , if the property acquired is real property.
2. Taxes levied on real or personal property which is acquired by the Federal Government or the State or any of its political subdivisions must be abated ratably for the portion of the fiscal year in which the [real] property is owned by the Federal Government or the State or its political subdivision.
3. For the purposes of abatement, the Federal Government or the State or its political subdivision shall be deemed to own [real] :
(a) Personal property acquired by purchase commencing on the date of sale indicated on the purchase order or other sales agreement.
(b) Personal property acquired by condemnation from the date of judgment pursuant to NRS 37.160.
(c) Real property acquired by purchase commencing with the date the deed is recorded . [and to own real]
(d) Real property acquired by condemnation from the date of judgment pursuant to NRS 37.160 or the date of occupancy of the property pursuant to NRS 37.100, whichever occurs earlier.
Sec. 33. (Deleted by amendment.)
Sec. 34. NRS 361.535 is hereby amended to read as follows:
361.535 1. If the person, company or corporation so assessed neglects or refuses to pay the taxes within 30 days after demand, the taxes become delinquent. If the person, company or corporation so assessed neglects or refuses to pay the taxes within 10 days after the taxes become delinquent, a penalty of 10 percent must be added. If the tax and penalty are not paid on demand, the county assessor or his deputy may seize, seal or lock enough of the personal property of the person, company or corporation so neglecting or refusing to pay to satisfy the taxes and costs. The county assessor may use alternative methods of collection, including, without limitation, the assistance of the district attorney.
2. The county assessor shall [post] :
(a) Post a notice of the seizure, with a description of the property, in [three public places in the township or district where it is seized, and shall, at] a public area of the county courthouse or the county office building in which the assessors office is located, and within the immediate vicinity of the property being seized; and
κ2003 Statutes of Nevada, Page 2771 (CHAPTER 451, AB 533)κ
which the assessors office is located, and within the immediate vicinity of the property being seized; and
(b) At the expiration of 5 days, proceed to sell at public auction, at the time and place mentioned in the notice, to the highest bidder, for lawful money of the United States, a sufficient quantity of the property to pay the taxes and expenses incurred. For this service, the county assessor must be allowed from the delinquent person a fee of $3. The county assessor is not required to sell the property if the highest bid received is less than the lowest acceptable bid indicated in the notice.
3. If the personal property seized by the county assessor or his deputy consists of a mobile or manufactured home, an aircraft, or the personal property of a business, the county assessor shall publish a notice of the seizure once during each of 2 successive weeks in a newspaper of general circulation in the county. If the legal owner of the property is someone other than the registered owner and the name and address of the legal owner can be ascertained from [the records of the Department of Motor Vehicles,] public records, the county assessor shall, before publication, send a copy of the notice by registered or certified mail to the legal owner. The cost of the publication and notice must be charged to the delinquent taxpayer. The notice must state:
(a) The name of the owner, if known.
(b) The description of the property seized, including the location, the make, model and dimensions and the serial number, body number or other identifying number.
(c) The fact that the property has been seized and the reason for seizure.
(d) The lowest acceptable bid for the sale of the property, which is the total amount of the taxes due on the property and the penalties and costs as provided by law.
(e) The time and place at which the property is to be sold.
After the expiration of 5 days from the date of the second publication of the notice, the property must be sold at public auction in the manner provided in subsection 2 for the sale of other personal property by the county assessor.
4. Upon payment of the purchase money, the county assessor shall deliver to the purchaser of the property sold, with a certificate of the sale, a statement of the amount of taxes or assessment and the expenses thereon for which the property was sold, whereupon the title of the property so sold vests absolutely in the purchaser.
5. After a mobile or manufactured home, an aircraft, or the personal property of a business is sold and the county assessor has paid all the taxes and costs on the property, the county assessor shall deposit into the general fund of the county the first $300 of the excess proceeds from the sale. The county assessor shall deposit any remaining amount of the excess proceeds from the sale into an interest-bearing account maintained for the purpose of holding excess proceeds separate from other money of the county. If no claim is made for the money within 6 months after the sale of the property for which the claim is made, the county assessor shall pay the money into the general fund of the county. All interest paid on money deposited in the account pursuant to this subsection is the property of the county.
6. If the former owner of a mobile or manufactured home, aircraft, or personal property of a business that was sold pursuant to this section makes a claim in writing for the balance of the proceeds of the sale within 6 months after the completion of the sale, the county assessor shall pay the balance of the proceeds of the sale or the proper portion of the balance over to the former owner if the county assessor is satisfied that the former owner is entitled to it.
κ2003 Statutes of Nevada, Page 2772 (CHAPTER 451, AB 533)κ
the proceeds of the sale or the proper portion of the balance over to the former owner if the county assessor is satisfied that the former owner is entitled to it.
Sec. 35. NRS 361.561 is hereby amended to read as follows:
361.561 [Those units]
1. A dwelling unit identified as chassis-mount camper, mini motor home, motor home, recreational park trailer, travel trailer, utility trailer and van conversion, in chapter 482 of NRS and any other vehicle required to be registered with the Department of Motor Vehicles are subject to the personal property tax unless registered and taxed pursuant to chapter 371 of NRS. Such unregistered units and vehicles must be taxed in the manner provided in NRS 361.561 to 361.5644, inclusive.
2. As used in this section, dwelling unit means a vehicle that is primarily used as living quarters, but has not been converted to real property pursuant to NRS 361.244, and is located in a manufactured home park, as defined in NRS 118B.017, or on other land within the county, but not in a recreational vehicle park, as defined in NRS 108.2678, that is licensed for parking vehicles for a duration of less than 9 months per year.
Sec. 36. NRS 361.768 is hereby amended to read as follows:
361.768 1. If an overassessment of real or personal property appears upon the secured tax roll of any county because of a factual error concerning its existence, size, quantity, age, use or zoning or legal or physical restrictions on its use within 3 years after the end of the fiscal year for which the assessment was made, the county assessor shall make a report thereof to the board of county commissioners of the county.
2. The board of county commissioners shall examine the error so reported, together with any evidence presented and, if satisfied that the error is factual, shall:
(a) By an order entered in the minutes of the board, direct the county treasurer to correct the error; and
(b) Deliver a copy of the order to the county treasurer, who shall make the necessary adjustments to the tax bill and correct the secured tax roll. The adjustment may be a full refund or a credit against taxes due which may be allocated over a period no longer than 3 years.
3. Partial or complete destruction [or removal of an improvement or secured] of a real property improvement or of personal property may be adjusted pro rata if [removal or] the destruction occurred on or after the lien date and the property was rendered unusable or uninhabitable for a period of not less than 90 consecutive days. The adjustments may be made in the form of a credit on taxes due or a refund if taxes have been paid for the period. The county assessor shall notify the county treasurer of each adjustment. The county assessor shall report recommended adjustments to the board of county commissioners no later than June 30 of each fiscal year.
Sec. 37. NRS 362.040 is hereby amended to read as follows:
362.040 Upon receipt of an affidavit from the county [clerk] recorder pursuant to NRS 362.050 stating that at least $100 in development work has been actually performed upon the patented mine or mining claim during the federal mining assessment work period ending within the year before the fiscal year for which the assessment has been levied, the assessor shall exclude from the roll the assessment against the patented mine or mining claim named in the affidavit.
κ2003 Statutes of Nevada, Page 2773 (CHAPTER 451, AB 533)κ
Sec. 38. NRS 362.050 is hereby amended to read as follows:
362.050 1. To obtain the exemption of the surface of a patented mine or mining claim from taxation ad valorem, pursuant to Section 5 of Article 10 of the Constitution of this state, the owner must [submit] record an affidavit [to] with the office of the county [clerk] recorder for the county in which the mine is located on or before December 30 covering work done during the 12 months next preceding 12 a.m. on September 1 of that year. The exemption then applies to the taxes for the fiscal year beginning on July 1 following the filing of the affidavit. Upon receipt of such an affidavit, the county [clerk shall cause it to be recorded in the office of the county recorder and transmit it] recorder shall transmit a copy of the affidavit, without charge, to the county assessor.
2. The affidavit of labor must describe particularly the work performed, upon what portion of the mine or claim, and when and by whom done, and may be substantially in the following form:
State of Nevada }
}ss.
County of............................................ }
................................, being first duly sworn, deposes and says: That development work worth at least $100 was performed upon the ............................... patented mine or mining claim, situated in the ........................................ Mining District, County of ..........................................., State of Nevada, during the federal mining assessment work period ending within the year ....... . The work was done at the expense of .............................., the owner (or one of the owners) of the patented mine or mining claim, for the purpose of relieving it from the tax assessment. It was performed by ................................, at about ................ feet in a ................ direction from the monument of location, and was done between the ........ day of the month of ........ of the year ......., and the .......... day of the month of .......... of the year ......., and consisted of the following work:
.........................................................................................................................................
.........................................................................................................................................
.........................................................
(Signature)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
...............................................................................
Notary Public (or other person
authorized to administer oaths)
Sec. 39. NRS 371.101 is hereby amended to read as follows:
371.101 1. Vehicles registered by surviving spouses , [and orphan children] not to exceed the amount of $1,000 determined valuation, are exempt from taxation, but the exemption must not be allowed to anyone but actual bona fide residents of this state, and must be filed in but one county in this state to the same family.
2. For the purpose of this section, vehicles in which the surviving spouse [or orphan child] has any interest shall be deemed to belong entirely to that surviving spouse . [or orphan child.]
κ2003 Statutes of Nevada, Page 2774 (CHAPTER 451, AB 533)κ
3. The person claiming the exemption shall file with the Department in the county where the exemption is claimed an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
4. A surviving spouse is not entitled to the exemption provided by this section in any fiscal year beginning after any remarriage, even if the remarriage is later annulled.
5. Beginning with the 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 40. NRS 371.102 is hereby amended to read as follows:
371.102 1. Vehicles registered by a blind person, not to exceed the amount of $3,000 determined valuation, are exempt from taxation, but the exemption must not be allowed to anyone but bona fide residents of this state, and must be filed in but one county in this state on account of the same blind person.
2. The person claiming the exemption [shall] must file with the [Department in] county assessor of the county where the exemption is claimed an affidavit declaring [his residency] that he is an actual bona fide resident of the State of Nevada, that he is a blind person and that the exemption [has been] is claimed in no other county in this state . [for that year.] The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
3. Upon first claiming the exemption in a county the claimant shall furnish to the [Department] county assessor a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a blind person.
4. Beginning with the 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
5. As used in this section, blind person includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
Sec. 41. NRS 371.103 is hereby amended to read as follows:
371.103 1. Vehicles, to the extent of the determined valuation as set forth in subsection 2, registered by any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and [January 31, 1955;] May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;
κ2003 Statutes of Nevada, Page 2775 (CHAPTER 451, AB 533)κ
between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and [January 31, 1955;] May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975; [or]
(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1 [,] ; or
(d) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the government of the United States, regardless of the number of days served on active duty,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. The amount of determined valuation that is exempt from taxation pursuant to subsection 1:
(a) For Fiscal Year 2001-2002, is $1,250;
(b) For Fiscal Year 2002-2003, is $1,500; and
(c) For Fiscal Year 2003-2004, is $1,750.
3. For the purpose of this section:
(a) For Fiscal Year 2001-2002, the first $1,250 determined valuation of vehicles in which such a person has any interest;
(b) For Fiscal Year 2002-2003, the first $1,500 determined valuation of vehicles in which such a person has any interest; and
(c) For Fiscal Year 2003-2004, the first $1,750 determined valuation of vehicles in which such a person has any interest,
shall be deemed to belong to that person.
4. A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county in this state. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the [Veterans Home Account,] Gift Account for Veterans Homes established pursuant to NRS 417.145,
to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption, and the Department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
κ2003 Statutes of Nevada, Page 2776 (CHAPTER 451, AB 533)κ
having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the Department shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person files a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
Sec. 42. NRS 371.103 is hereby amended to read as follows:
371.103 1. Vehicles, to the extent of $2,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and [January 31, 1955;] May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975; [or]
(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1 [,] ; or
(d) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the government of the United States, regardless of the number of days served on active duty,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section, the first $2,000 determined valuation of vehicles in which such a person has any interest shall be deemed to belong to that person.
3. A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county in this state. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the [Veterans Home Account,] Gift Account for Veterans Homes established pursuant to NRS 417.145,to the person each year following a year in which the exemption was allowed for that person.
κ2003 Statutes of Nevada, Page 2777 (CHAPTER 451, AB 533)κ
to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
4. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the Department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
5. Before allowing any veterans exemption pursuant to the provisions of this chapter, the Department shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
6. If any person files a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
7. Beginning with the 2005-2006 fiscal year, the monetary amounts in subsections 1 and 2 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 43. NRS 371.1035 is hereby amended to read as follows:
371.1035 1. Any person who qualifies for an exemption pursuant to NRS 371.103 or 371.104 may, in lieu of claiming his exemption:
(a) Pay to the Department all or any portion of the amount by which the tax would be reduced if he claimed his exemption; and
(b) Direct the Department to deposit that amount for credit to the [Veterans Home] Gift Account for Veterans Homes established pursuant to NRS 417.145.
2. Any person who wishes to waive his exemption pursuant to this section shall designate the amount to be credited to the Account on a form provided by the Department.
3. The Department shall deposit any money received pursuant to this section with the State Treasurer for credit to the [Veterans Home] Gift Account for Veterans Homes established pursuant to NRS 417.145. The State Treasurer shall not accept:
(a) For Fiscal Year 2001-2002, more than a total of $1,250,000;
(b) For Fiscal Year 2002-2003, more than a total of $1,500,000; and
(c) For Fiscal Year 2003-2004, more than a total of $1,750,000,
for credit to the Account pursuant to this section and NRS 361.0905 during any fiscal year.
Sec. 44. NRS 371.1035 is hereby amended to read as follows:
371.1035 1. Any person who qualifies for an exemption pursuant to NRS 371.103 or 371.104 may, in lieu of claiming his exemption:
(a) Pay to the Department all or any portion of the amount by which the tax would be reduced if he claimed his exemption; and
(b) Direct the Department to deposit that amount for credit to the [Veterans Home] Gift Account for Veterans Homes established pursuant to NRS 417.145.
κ2003 Statutes of Nevada, Page 2778 (CHAPTER 451, AB 533)κ
2. Any person who wishes to waive his exemption pursuant to this section shall designate the amount to be credited to the Account on a form provided by the Department.
3. The Department shall deposit any money received pursuant to this section with the State Treasurer for credit to the [Veterans Home] Gift Account for Veterans Homes established pursuant to NRS 417.145. The State Treasurer shall not accept more than a total of $2,000,000 for credit to the Account pursuant to this section and NRS 361.0905 during any fiscal year.
Sec. 45. NRS 371.104 is hereby amended to read as follows:
371.104 1. A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a veterans exemption from the payment of governmental services taxes on vehicles of the following determined valuations:
(a) If he has a disability of 100 percent:
(1) For Fiscal Year 2001-2002, the first $12,500 of determined valuation;
(2) For Fiscal Year 2002-2003, the first $15,000 of determined valuation; and
(3) For Fiscal Year 2003-2004, the first $17,500 of determined valuation.
(b) If he has a disability of 80 to 99 percent, inclusive:
(1) For Fiscal Year 2001-2002, the first $9,375 of determined valuation;
(2) For Fiscal Year 2002-2003, the first $11,250 of determined valuation; and
(3) For Fiscal Year 2003-2004, the first $13,125 of determined valuation.
(c) If he has a disability of 60 to 79 percent, inclusive:
(1) For Fiscal Year 2001-2002, the first $6,250 of determined valuation;
(2) For Fiscal Year 2002-2003, the first $7,500 of determined valuation; and
(3) For Fiscal Year 2003-2004, the first $8,750 of determined valuation.
2. For the purpose of this section:
(a) For Fiscal Year 2001-2002, the first $12,500 determined valuation of vehicles in which an applicant has any interest;
(b) For Fiscal Year 2002-2003, the first $15,000 of determined valuation of vehicles in which an applicant has any interest; and
(c) For Fiscal Year 2003-2004, the first $17,500 of determined valuation of vehicles in which an applicant has any interest,
shall be deemed to belong entirely to that person.
3. A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for :
(a) The renewal of the exemption ; and
κ2003 Statutes of Nevada, Page 2779 (CHAPTER 451, AB 533)κ
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
4. Before allowing any exemption pursuant to the provisions of this section, the Department shall require proof of the applicants status, and for that purpose shall require production of:
(a) A certificate from the Department of Veterans Affairs that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and
(b) Any one of the following:
(1) An honorable discharge;
(2) A certificate of satisfactory service; or
(3) A certified copy of either of these documents.
5. A surviving spouse claiming an exemption pursuant to this section must file with the Department in the county where the exemption is claimed an affidavit declaring that:
(a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;
(b) The disabled veteran was eligible for the exemption at the time of his death; and
(c) The surviving spouse has not remarried.
The affidavit required by this subsection is in addition to the certification required pursuant to subsections 3 and 4. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
6. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 371.103.
7. If any person makes a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.
Sec. 46. NRS 371.104 is hereby amended to read as follows:
371.104 1. A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a veterans exemption from the payment of governmental services taxes on vehicles of the following determined valuations:
(a) If he has a disability of 100 percent, the first $20,000 of determined valuation.
(b) If he has a disability of 80 to 99 percent, inclusive, the first $15,000 of determined valuation.
(c) If he has a disability of 60 to 79 percent, inclusive, the first $10,000 of determined valuation.
2. For the purpose of this section, the first $20,000 of determined valuation of vehicles in which an applicant has any interest, shall be deemed to belong entirely to that person.
κ2003 Statutes of Nevada, Page 2780 (CHAPTER 451, AB 533)κ
3. A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for :
(a) The renewal of the exemption ; and
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
4. Before allowing any exemption pursuant to the provisions of this section, the Department shall require proof of the applicants status, and for that purpose shall require production of:
(a) A certificate from the Department of Veterans Affairs that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and
(b) Any one of the following:
(1) An honorable discharge;
(2) A certificate of satisfactory service; or
(3) A certified copy of either of these documents.
5. A surviving spouse claiming an exemption pursuant to this section must file with the Department in the county where the exemption is claimed an affidavit declaring that:
(a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;
(b) The disabled veteran was eligible for the exemption at the time of his death; and
(c) The surviving spouse has not remarried.
The affidavit required by this subsection is in addition to the certification required pursuant to subsections 3 and 4. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
6. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 371.103.
7. If any person makes a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.
8. Beginning with the 2005-2006 fiscal year, the monetary amounts in subsections 1 and 2 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 46.5. NRS 371.105 is hereby amended to read as follows:
371.105 Claims pursuant to NRS 371.101, 371.102, 371.103 or 371.104 for tax exemption on the governmental services tax and designations of any amount to be credited to the [Veterans Home] Gift Account for Veterans Homes pursuant to NRS 371.1035 must be filed annually at any time on or before the date when payment of the tax is due.
κ2003 Statutes of Nevada, Page 2781 (CHAPTER 451, AB 533)κ
before the date when payment of the tax is due. All exemptions provided for in this section must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.
Sec. 47. NRS 111.312 is hereby amended to read as follows:
111.312 1. The county recorder shall not record with respect to real property, a notice of completion, a declaration of homestead, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, or any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless the document being recorded contains:
(a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document; and
(b) [The] Except as otherwise provided in subsection 2, the assessors parcel number of the property at the top left corner of the first page of the document, if the county assessor has assigned a parcel number to the property. The parcel number must comply with the current system for numbering parcels used by the county assessors office. The county recorder is not required to verify that the assessors parcel number is correct.
2. Any document relating exclusively to the transfer of water rights may be recorded without containing the assessors parcel number of the property.
3. The county recorder shall not record with respect to real property any [conveyance of real property or instrument in writing setting forth an agreement to convey real property] deed, including, without limitation:
(a) A grant, bargain or deed of sale;
(b) Quitclaim deed;
(c) Warranty deed; or
(d) Trustees deed upon sale,
unless the document being recorded contains the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed.
[3.] 4. The assessors parcel number shall not be deemed to be a complete legal description of the real property conveyed.
[4.] 5. Except as otherwise provided in subsection [5,] 6, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description. The county recorder is not required to verify the accuracy of the name and mailing address of such a person.
[5.] 6. If a document described in subsection [4] 5 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded. The county recorder is not required to verify the accuracy of the information concerning the previous recording.
Sec. 48. NRS 247.180 is hereby amended to read as follows:
247.180 1. Except as otherwise provided in NRS 111.312, whenever a document conveying, encumbering or mortgaging both real and personal property is presented to a county recorder for recording, the county recorder shall record the document. The record must be indexed in the real estate index as deeds and other conveyances are required by law to be indexed, and for which the county recorder may receive the same fees as are allowed by law for recording and indexing deeds and other documents, but only one fee for the recording of a document may be collected.
κ2003 Statutes of Nevada, Page 2782 (CHAPTER 451, AB 533)κ
law for recording and indexing deeds and other documents, but only one fee for the recording of a document may be collected.
2. A county recorder who records a document pursuant to this section shall, within 7 working days after he records the document, provide to the county assessor at no charge:
(a) A duplicate copy of the document and any supporting documents; or
(b) Access to the digital document and any digital supporting documents. Such documents must be in a form that is acceptable to the county recorder and the county assessor.
Sec. 49. Chapter 250 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of county commissioners of each county shall by ordinance create in the county general fund an account to be designated as the Account for the Acquisition and Improvement of Technology in the Office of the County Assessor.
2. The money in the Account must be accounted for separately and not as a part of any other account.
3. The money in the Account must be used to acquire technology for or improve the technology used in the office of the county assessor, including, without limitation, the payment of costs associated with acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology. At the discretion of the county assessor, the money may be used by other county offices that do business with the county assessor.
Sec. 50. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A county assessor may request that the governing body of a city realign one or more of the boundary lines between the city and the unincorporated area of the county or between two cities to adjust a boundary that bisects a parcel of land causing the creation of more than one tax parcel from a single legal parcel. Notwithstanding any other provision of law, the governing body may, by ordinance or other appropriate legal action, with the consent of the board of county commissioners or the governing body of the other city, respectively, adjust the boundary to exclude the portion of the split parcel from the city.
2. Where any territory is detached from a city as provided in this section, provision must be made for such proportion of any outstanding general obligations of the city as the assessed valuation of property in the territory bears to the total assessed valuation of property in the city and for such proportion of any obligations secured by the pledge of revenues from a public improvement as the revenue arising within the territory bears to the total revenue from such improvement as follows:
(a) If the territory is included in another city, the proportionate obligation must be assumed according to its terms by the annexing city;
(b) If the territory is included in the unincorporated area of the county, taxes must be levied by the board of county commissioners upon all taxable property in the district, sufficient to discharge the proportionate share of the debt for the general obligation according to its terms; or
(c) Where substantially all of the physical improvements for which the obligation was incurred are within the territory remaining in the city, with the consent of the governing body of the city from which such territory is detached and of the holders of such obligations, the entire obligation may be assumed by the city from which such territory is detached and the detached territory released therefrom.
κ2003 Statutes of Nevada, Page 2783 (CHAPTER 451, AB 533)κ
the consent of the governing body of the city from which such territory is detached and of the holders of such obligations, the entire obligation may be assumed by the city from which such territory is detached and the detached territory released therefrom.
Sec. 51. NRS 268.570 is hereby amended to read as follows:
268.570 The provisions of NRS 268.570 to 268.608, inclusive, and section 50 of this act, apply only to cities located in a county whose population is 400,000 or more.
Sec. 52. NRS 268.574 is hereby amended to read as follows:
268.574 As used in NRS 268.570 to 268.608, inclusive [:] , and section 50 of this act:
1. Contiguous means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the State or by the State of Nevada.
2. Lot or parcel means any tract of land of sufficient size to constitute a legal building lot as determined by the zoning ordinance of the county in which the territory proposed to be annexed is situated. If such county has not enacted a zoning ordinance, the question of what constitutes a building lot shall be determined by reference to the zoning ordinance of the annexing municipality.
3. Majority of the property owners in a territory means the record owners of real property:
(a) Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation; and
(b) Whose combined area is greater than 50 percent of the total area of the territory, excluding lands held by public bodies.
4. A lot or parcel of land is used for residential purposes if it is 5 acres or less in area and contains a habitable dwelling unit of a permanent nature.
Sec. 53. NRS 268.600 is hereby amended to read as follows:
268.600 1. Whenever the corporate limits of any city are extended in accordance with the provisions of NRS 268.570 to 268.608, inclusive, the governing body of such city shall cause an accurate map or plat of the annexed territory, prepared under the supervision of a competent surveyor or engineer, together with a certified copy of the annexation ordinance in respect thereof, to be recorded in the office of the county recorder of the county in which such territory is situated, which recording shall be done prior to the effective date of the annexation as specified in the annexation ordinance. A duplicate copy of such map or plat and such annexation ordinance shall be filed with the Department of Taxation.
2. A county recorder who records a map or plat pursuant to this section shall, within 7 working days after he records the map or plat, provide to the county assessor at no charge:
(a) A duplicate copy of the map or plat and any supporting documents; or
(b) Access to the digital map or plat and any digital supporting documents. The map or plat and the supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
κ2003 Statutes of Nevada, Page 2784 (CHAPTER 451, AB 533)κ
Sec. 54. NRS 268.785 is hereby amended to read as follows:
268.785 1. After creation of the district, the council shall annually ascertain and include in its budget the total amount of money to be derived from assessments required to provide the higher level of police protection found beneficial to the public interest for the next ensuing fiscal year.
2. The city council shall designate an existing citizens group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of additional police protection to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.
3. The total amount of money to be derived from assessments for the next ensuing fiscal year must be apportioned among the individual property owners in the district based upon the relative special benefit received by each property using an apportionment method approved by the city council. On or before April 20 of each year, a notice specifying the proposed amount of the assessment for the next ensuing fiscal year must be mailed to each property owner. The city council shall hold a public hearing concerning the assessments at the same time and place as the hearing on the tentative budget. The city council shall levy the assessments after the hearing but not later than June 1. The assessments so levied must be paid in installments on or before the dates specified for installments paid pursuant to subsection [5] 6 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.
4. A district is not entitled to receive any distribution of supplemental city-county relief tax.
Sec. 55. NRS 268.795 is hereby amended to read as follows:
268.795 1. After creation of the district, the council shall annually ascertain and include in its budget the total amount of money to be derived from assessments required to provide the maintenance found beneficial to the public interest for the next ensuing fiscal year.
2. The city council shall designate an existing citizens group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of maintenance to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.
3. The total amount of money to be derived from assessments for the next ensuing fiscal year must be apportioned among the individual property owners in the district based upon the relative special benefit received by each property using an apportionment method approved by the city council. On or before April 20 of each year, a notice specifying the proposed amount of the assessment for the next ensuing fiscal year must be mailed to each property owner. The city council shall hold a public hearing concerning the assessments at the same time and place as the hearing on the tentative budget. The city council shall levy the assessments after the hearing but not later than June 1. The assessments so levied must be paid in installments on or before the dates specified for installments paid pursuant to subsection [5] 6 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.
κ2003 Statutes of Nevada, Page 2785 (CHAPTER 451, AB 533)κ
date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.
4. A district is not entitled to receive any distribution of supplemental city-county relief tax.
Sec. 56. NRS 270.090 is hereby amended to read as follows:
270.090 1. The findings of fact and conclusions of law and judgment must be made and entered as in other cases, and exceptions, motions for new trial and appeals may be had as provided in NRS and the Nevada Rules of Appellate Procedure.
2. The court or judge thereof shall in the findings and decree establish a definite map or plat of the city, or part thereof or addition thereto, in accordance with the pleadings and proof, and shall, by reference, make a part of the findings and judgment the map or plat so established.
3. Wherever blocks or parts of blocks in the original lost, destroyed, conflicting, erroneous or faulty maps or plats have been insufficiently or incorrectly platted, numbered or lettered, the omission, insufficiency or fault must be supplied and corrected in accordance with the pleadings and proof.
4. If the map or plat prepared by the surveyor is inadequate or impracticable of use for the judgment, the judgment or decree may require the making of a new map or plat in accordance with the provisions of the findings and judgment.
5. A certified copy of the judgment, together with the map or plat as is established by the court, must be recorded in the office of the county recorder of the county in which the action is tried. All the ties and descriptions of section or quarter section corners, monuments or marks required by NRS 270.020 must appear on the map finally established by the judgment. The county recorder may collect and receive as his fees for recording and indexing the certified copy of the judgment and map, $10 for the map, and the specific statutory fees for the judgment, but not exceeding $50.
6. The judgment may require that all prior existing maps in conflict with the map or plat adopted be so marked or identified by the county recorder to show the substitution of the new map or plat in place thereof.
7. A county recorder who records a map or plat pursuant to this section shall, within 7 working days after he records the map or plat, provide to the county assessor at no charge:
(a) A duplicate copy of the map or plat and any supporting documents; or
(b) Access to the digital map or plat and any digital supporting documents. The map or plat and the supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
Sec. 57. NRS 278.460 is hereby amended to read as follows:
278.460 1. A county recorder shall not record any final map unless the map:
(a) Contains or is accompanied by the report of a title company and all the certificates of approval, conveyance and consent required by the provisions of NRS 278.374 to 278.378, inclusive, and by the provisions of any local ordinance; and
(b) Is accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid and that the full amount of any deferred property taxes for the conversion of the property from agricultural use has been paid pursuant to NRS 361A.265.
κ2003 Statutes of Nevada, Page 2786 (CHAPTER 451, AB 533)κ
taxes on the land for the fiscal year have been paid and that the full amount of any deferred property taxes for the conversion of the property from agricultural use has been paid pursuant to NRS 361A.265.
2. The provisions of NRS 278.010 to 278.630, inclusive, do not prevent the recording, pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and any applicable local ordinances, of a map of any land which is not a subdivision, nor do NRS 278.010 to 278.630, inclusive, prohibit the recording of a map in accordance with the provisions of any statute requiring the recording of professional land surveyors records of surveys.
3. A county recorder shall accept or refuse a final map for recordation within 10 days after its delivery to him.
4. A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any supporting documents; or
(b) Access to the digital final map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
Sec. 58. NRS 278.467 is hereby amended to read as follows:
278.467 1. If the requirement for a parcel map is waived, the authority which granted the waiver may require the preparation and recordation of a document which contains:
(a) A legal description of all parts based on a system of rectangular surveys;
(b) A provision for the dedication or reservation of any road right-of-way or easement; and
(c) The approval of the authority which granted the waiver.
2. If a description by metes and bounds is necessary in describing the parcel division, it must be prepared by a professional land surveyor and bear his signature and stamp.
3. The person preparing the document may include the following statement:
This document was prepared from existing information (identifying it and stating where filed and recorded) and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior documents.
4. A document recorded pursuant to this section must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
5. A county recorder who records a document pursuant to this section shall, within 7 working days after he records the document, provide to the county assessor at no charge:
(a) A duplicate copy of the document; or
(b) Access to the digital document. The document must be in a form that is acceptable to the county recorder and the county assessor.
Sec. 59. NRS 278.468 is hereby amended to read as follows:
278.468 1. If a parcel map is approved or deemed approved pursuant to NRS 278.464, the preparer of the map shall:
κ2003 Statutes of Nevada, Page 2787 (CHAPTER 451, AB 533)κ
(a) Cause the approved map to be recorded in the office of the county recorder within 1 year after the date the map was approved or deemed approved, unless the governing body establishes by ordinance a longer period, not to exceed 2 years, for recording the map. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
(b) Pay a fee of $17 for the first sheet of the map plus $10 for each additional sheet to the county recorder for filing and indexing.
2. Upon receipt of a parcel map, the county recorder shall file the map in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.
3. A county recorder who records a parcel map pursuant to this section shall, within 7 working days after he records the parcel map, provide to the county assessor at no charge:
(a) A duplicate copy of the parcel map and any supporting documents; or
(b) Access to the digital parcel map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
Sec. 60. NRS 278.4725 is hereby amended to read as follows:
278.4725 1. Except as otherwise provided in this section, if the governing body has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:
(a) In a county whose population is 400,000 or more, within 45 days; or
(b) In a county whose population is less than 400,000, within 60 days,
after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
2. If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:
(a) In a county whose population is 400,000 or more, within 45 days; or
(b) In a county whose population is less than 400,000, within 60 days,
after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
3. An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.
κ2003 Statutes of Nevada, Page 2788 (CHAPTER 451, AB 533)κ
4. If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable.
5. If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:
(a) Each lot contains an access road that is suitable for use by emergency vehicles; and
(b) The corners of each lot are set by a professional land surveyor.
6. If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection 5.
7. Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:
(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.
8. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.
(b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection 5 have been met. A certificate signed pursuant to this paragraph must also indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.
(c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
9. A governing body may by local ordinance require a final map to include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.
(b) The signature of each owner of record of the land to be divided.
(c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:
(1) The final map; or
κ2003 Statutes of Nevada, Page 2789 (CHAPTER 451, AB 533)κ
(2) A separate document that is filed with the final map and declares his consent to the division of land.
10. After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.
11. The county recorder shall charge and collect for recording the map a fee set by the board of county commissioners of not more than $50 for the first sheet of the map plus $10 for each additional sheet.
12. A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any supporting documents; or
(b) Access to the digital final map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
Sec. 61. NRS 278.477 is hereby amended to read as follows:
278.477 1. In addition to the requirements of subsection 2, an amendment of a recorded subdivision plat, parcel map, map of division into large parcels or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:
(a) If the proposed amendment is to a parcel map, map of division into large parcels or record of survey, the same procedures and requirements as in the original filing.
(b) If the proposed amendment is to a subdivision plat, only those procedures for the approval and filing of a final map.
2. Any amended subdivision plat, parcel map, map of division into large parcels or record of survey required pursuant to subsection 1 must:
(a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;
(b) Have the words Amended Plat of prominently displayed on each sheet above the title of the document amended;
(c) Have a legal description that describes only the property which is to be included in the amendment;
(d) Have a blank margin for the county recorders index information;
[(d)] (e) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorders information and stamp; and
[(e)] (f) Contain a certificate of the professional land surveyor licensed pursuant to chapter 625 of NRS who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630, inclusive, and 625.340 to 625.380, inclusive, and with any applicable local ordinance.
3. Any amended subdivision plat, parcel map, map of division into large parcels or record of survey that is recorded in support of an adjusted boundary must:
(a) Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that:
(1) A bona fide effort was made to notify the necessary persons;
(2) All persons who responded to the notice have consented to the amendment; and
κ2003 Statutes of Nevada, Page 2790 (CHAPTER 451, AB 533)κ
(3) The amendment does not adversely affect the persons who did not respond; and
(b) Contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he is registered as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS, stating that he has examined the document and that it is technically correct.
4. Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
5. A county recorder who records a plat, map or record of survey pursuant to this section shall, within 7 working days after he records the plat, map or record of survey, provide to the county assessor at no charge:
(a) A duplicate copy of the plat, map or record of survey, and any supporting documents; or
(b) Access to the digital plat, map or record of survey, and any digital supporting documents. The plat, map or record of survey and the supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
Sec. 62. NRS 278.490 is hereby amended to read as follows:
278.490 1. Except as otherwise provided in NRS 278.4925, an owner or governing body desiring to revert any recorded subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to revert the map or portion thereof, or to revert more than one map [recorded under the same tentative map] if the parcels to be reverted are contiguous, shall submit a written application accompanied by a map of the proposed reversion which contains the same survey dimensions as the recorded map or maps to the governing body or, if authorized by local ordinance, to the planning commission or other authorized person. The application must describe the requested changes.
2. At its next meeting, or within a period of not more than 30 days after the filing of the map of reversion, whichever occurs later, the governing body or, if authorized by local ordinance, the planning commission or other authorized person shall review the map and approve, conditionally approve or disapprove it.
3. Except for the provisions of this section, NRS 278.4955, 278.496 and 278.4965 and any provision or local ordinance relating to the payment of fees in conjunction with filing, recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of reversion of a former map or for reversion of any division of land to acreage.
4. Upon approval of the map of reversion, it must be recorded in the office of the county recorder. The county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
5. A county recorder who records a map pursuant to this section shall, within 7 working days after he records the map, provide to the county assessor at no charge:
κ2003 Statutes of Nevada, Page 2791 (CHAPTER 451, AB 533)κ
(a) A duplicate copy of the map and any supporting documents; or
(b) Access to the digital map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
Sec. 63. NRS 278.4955 is hereby amended to read as follows:
278.4955 1. The map of reversion submitted pursuant to NRS 278.490 must contain the appropriate certificates required by NRS 278.376 and 278.377 for the original division of the land, any agreement entered into for a required improvement pursuant to NRS 278.380 for the original division of the land, and the certificates required by NRS 278.496 and 278.4965. If the map includes the reversion of any street or easement owned by a city, a county or the State, the provisions of NRS 278.480 must be followed before approval of the map.
2. The final map of reversion must [be:
(a) Prepared] :
(a) Be prepared by a professional land surveyor licensed pursuant to chapter 625 of NRS. The professional land surveyor shall state in his certificate that the map has been prepared from information on a recorded map or maps that are being reverted. The professional land surveyor may state in his certificate that he assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in his certificate information which is sufficient to identify clearly the recorded map or maps being reverted.
(b) [Clearly] Be clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with black permanent ink.
3. The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
4. The scale of the final map must be large enough to show all details clearly and enough sheets must be used to accomplish this end.
5. The particular number of the sheet and the total number of sheets comprising the final map must be stated on each of the sheets and its relation to each adjoining sheet must be clearly shown.
6. Each future conveyance of the reverted property must contain a metes and bounds legal description of the property and must include the name and mailing address of the person who prepared the legal description.
Sec. 64. NRS 502.075 is hereby amended to read as follows:
502.075 The Division shall issue to a blind person, as defined in subsection [4] 5 of NRS 361.085, a hunting license which:
1. Authorizes a person selected by the blind person to hunt on his behalf if:
(a) The person selected is a resident of the State of Nevada and possesses a valid Nevada hunting license; and
(b) The blind person is in the company of or in the immediate area of the person selected.
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2. Is issued pursuant and subject to regulations prescribed by the Commission.
3. Contains the word Blind printed on the face of the license.
Sec. 65. NRS 517.213 is hereby amended to read as follows:
517.213 1. The county recorder shall include all patented mines and mining claims in the county on the county map of mining claims in a manner which clearly distinguishes the patented mines and mining claims from the unpatented claims.
2. When a record of survey filed with the county by a registered surveyor shows the location of a patented mine or mining claim, the county recorder shall conform the county map to the record of survey if there is any discrepancy between the two maps concerning the location of the mine or claim.
3. A county recorder who records a map pursuant to this section shall, within 7 working days after he records the map, provide to the county assessor at no charge:
(a) A duplicate copy of the map and any supporting documents; or
(b) Access to the digital map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
Sec. 66. NRS 625.370 is hereby amended to read as follows:
625.370 1. The charge for filing and indexing any record of survey is $17 for the first page plus $10 for each additional page.
2. The record of survey must be suitably filed by the county recorder, and he shall keep proper indexes of such survey records by name of tract, subdivision or United States land subdivision.
3. A county recorder who records a record of survey pursuant to this section shall, within 7 working days after he records the record of survey, provide to the county assessor at no charge:
(a) A duplicate copy of the record of survey and supporting documents; or
(b) Access to the digital record of survey and any digital supporting documents. The record of survey and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
Sec. 67. 1. This section and sections 1 to 7, inclusive, 9, 11, 12.3 to 41, inclusive, 43, 45 and 46.5 to 66, inclusive, of this act become effective on July 1, 2003.
2. Sections 7, 9, 11, 41, 43 and 45 of this act expire by limitation on June 30, 2004.
3. Sections 8, 10, 12, 42, 44 and 46 of this act become effective on July 1, 2004.
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