[Rev. 2/8/2019 9:20:50 AM]
κ2005 Statutes of Nevada, Page 493 (CHAPTER 143, AB 112)κ
(a) Every vessel which is 16 feet or more in length but less than 26 feet in length, regardless of its method of propulsion, must carry, so placed as to be readily accessible for use in an emergency, a type IV personal flotation device approved by the United States Coast Guard which is capable of being thrown, such as a ring life buoy or buoyant cushion. A type IV personal flotation device required by this paragraph is readily accessible for use in an emergency if it is stowed in close proximity to the operator of the vessel and in a position to be thrown to a person overboard by either the operator or a passenger.
(b) Except as otherwise provided in this paragraph, every vessel which is 26 feet or more in length, regardless of its method of propulsion, must carry, so placed as to be readily accessible for use in an emergency, a type IV personal flotation device approved by the United States Coast Guard which is capable of being thrown, such as a ring life buoy or buoyant cushion, with not less than 30 feet of throwing line attached. If the vessel is 40 feet or more in length, such a type IV personal flotation device must be carried on both the fore and the aft of the vessel. A type IV personal flotation device required by this paragraph is readily accessible for use in an emergency if it is prominently displayed on a bulkhead, railing or gunwale, and in a position to be thrown to a person overboard by either the operator or a passenger.
3. Every motorboat must be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the Commission. The fire extinguishers must be of a marine type which has been approved by the United States Coast Guard and kept in condition for immediate and effective use and so placed as to be readily accessible.
[3.] 4. Every motorboat must have the carburetor of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the Commission.
[4.] 5. Every motorboat and every vessel, except open boats, using as fuel any liquid of a volatile nature, must be provided with such means as may be prescribed by the regulations of the Commission for properly and efficiently ventilating the bilges of the engine and compartments for tanks of fuel to remove any explosive or flammable gases.
[5.] 6. The Commission may adopt regulations modifying the requirements for equipment contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the rules for navigation adopted by the United States Coast Guard.
Sec. 2. This act becomes effective upon passage and approval.
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κ2005 Statutes of Nevada, Page 494κ
Assembly Bill No. 220Assemblyman Hardy
CHAPTER 144
AN ACT relating to fuels; revising provisions relating to alternative fuels; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 486A.030 is hereby amended to read as follows:
486A.030 Alternative fuel means any fuel which complies with the standards and requirements established by the Commission. The term includes:
1. Ultra low-sulfur diesel fuel;
2. Reformulated gasoline;
3. Diesel fuel that meets the requirements imposed by the California Air Resources Board; and
4. Finished diesel fuel that:
(a) Meets ASTM International [(ASTM)] specification D975; and
(b) Includes at least 5 percent [but not more than 20 percent] biodiesel fuel blend stock for distillate fuels meeting ASTM International specification D6751,
Κ which comply with [the] any applicable regulations adopted by the United States Environmental Protection Agency pursuant to the standards for the control of emissions from motor vehicles established in the Clean Air Act Amendments of 1990, Public Law 101-549, November 15, 1990.
Sec. 2. NRS 486A.030 is hereby amended to read as follows:
486A.030 Alternative fuel means any fuel which complies with the standards and requirements established by the Commission. The term includes:
1. Reformulated gasoline; and
2. Finished diesel fuel that:
(a) Meets ASTM International [(ASTM)] specification D975; and
(b) Includes at least 5 percent [but not more than 20 percent] biodiesel fuel blend stock for distillate fuels meeting ASTM International specification D6751,
Κ which comply with [the] any applicable regulations adopted by the United States Environmental Protection Agency pursuant to the standards for the control of emissions from motor vehicles established in the Clean Air Act Amendments of 1990, Public Law 101-549, November 15, 1990.
Sec. 3. 1. Section 1 of this act becomes effective on October 1, 2005, and expires by limitation on December 31, 2006.
2. Section 2 of this act becomes effective on January 1, 2007.
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κ2005 Statutes of Nevada, Page 495κ
Senate Bill No. 30Senator McGinness
CHAPTER 145
AN ACT relating to city improvements; providing for the imposition and collection of a surcharge on access lines and trunk lines of telephone companies for the enhancement of the telephone system for reporting emergencies in certain incorporated cities; requiring a city council which imposes such a surcharge to create an advisory committee to develop a plan for the enhancement of the citys telephone service for reporting emergencies; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 266 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, trunk line means a line which provides a channel between a switchboard owned by a customer of a telephone company and the local exchange of the telephone company.
Sec. 3. 1. Except as otherwise provided in this section, the city council of a city of population category two or three in a county whose population is 400,000 or more may, by ordinance, impose a surcharge on each access line or trunk line of each customer to the local exchange of any telephone company providing those lines in the city, for the enhancement of the telephone system for reporting an emergency in the city.
2. A city council may not impose a surcharge pursuant to this section unless the city council first adopts a 5-year master plan for the enhancement of the telephone system for reporting emergencies in the city. The master plan must include an estimate of the cost of the enhancement of the telephone system and all proposed sources of money for funding the enhancement.
3. The surcharge imposed by a city council pursuant to this section:
(a) For each access line to the local exchange of a telephone company, must not exceed 25 cents each month; and
(b) For each trunk line to the local exchange of a telephone company, must equal 10 times the amount of the surcharge imposed for each access line to the local exchange of a telephone company pursuant to paragraph (a).
4. A telephone company which provides access lines or trunk lines in a city that imposes a surcharge pursuant to this section shall collect the surcharge from its customers each month. The telephone company shall remit the surcharge it collects to the treasurer of the city in which the surcharge is imposed not later than the 15th day of the month after the month it receives payment of the surcharge from its customers.
κ2005 Statutes of Nevada, Page 496 (CHAPTER 145, SB 30)κ
5. An ordinance adopted pursuant to subsection 1 may include a schedule of penalties for the delinquent payment of amounts due from telephone companies pursuant to this section. Such a schedule:
(a) Must provide for a grace period of not less than 90 days after the date on which the telephone company must otherwise remit the surcharge to the city treasurer; and
(b) Must not provide for a penalty that exceeds 5 percent of the cumulative amount of surcharges owed by a telephone company.
Sec. 4. If a city council imposes a surcharge pursuant to section 3 of this act, the city council shall:
1. Establish by ordinance an advisory committee to develop a plan, consistent with the master plan adopted by the city council pursuant to section 3 of this act, to enhance the telephone system for reporting an emergency in the city and to oversee any money allocated for that purpose. The advisory committee must consist of not less than five members who:
(a) Are residents of the city;
(b) Possess knowledge concerning telephone systems for reporting emergencies; and
(c) Are not elected public officers.
Κ At least one member of an advisory committee established pursuant to this section must be a representative of an incumbent local exchange carrier that provides service to persons in that city. As used in this subsection, incumbent local exchange carrier has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.
2. Create a special revenue fund of the city for the deposit of the money collected pursuant to section 3 of this act. The money in the fund must be used only to enhance the telephone system for reporting an emergency so that the number and address from which a call received by the system is made may be determined, including only:
(a) Paying recurring and nonrecurring charges for telecommunication services necessary for the operation of the enhanced telephone system;
(b) Paying costs for the personnel and training associated with the routine maintenance and updating of the database for the enhanced telephone system;
(c) Purchasing, leasing or renting the equipment and software necessary to operate the enhanced telephone system; and
(d) Paying costs associated with any maintenance, upgrade and replacement of equipment and software necessary for the operation of the enhanced telephone system.
3. If the balance in a fund created pursuant to subsection 2 that has not been committed for expenditure exceeds $500,000 at the end of any fiscal year, reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $500,000.
Sec. 5. A telephone company that collects the surcharge imposed pursuant to section 3 of this act is entitled to retain an amount of the surcharge collected which is equal to the cost of collecting the surcharge.
κ2005 Statutes of Nevada, Page 497 (CHAPTER 145, SB 30)κ
Sec. 6. This act becomes effective upon passage and approval.
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Senate Bill No. 35Committee on Natural Resources
CHAPTER 146
AN ACT relating to water; redesignating the tax that a county of origin may impose for intercounty and interstate transfers of groundwater as a fee; increasing the amount of the fee; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.438 is hereby amended to read as follows:
533.438 1. Except as otherwise provided in subsection 4, if an appropriation of groundwater pursuant to a permit to appropriate groundwater results in the transfer to and beneficial use of water in a county in this State other than the county in which the water is appropriated or in another state, the county of origin may impose a [tax] fee of $6 per acre-foot per year on the transfer.
2. A county of origin shall not impose a [tax] fee pursuant to subsection 1 without the prior approval of the State Engineer. The county of origin shall notify the State Engineer in writing of its intent to impose the [tax.] fee. The State Engineer shall review the notice of intent to impose the [tax] fee to determine:
(a) Whether the appropriation of groundwater pursuant to the permit specified in subsection 1 results in a transfer to and beneficial use of water in a county in this State other than the county of origin or in another state; and
(b) The amount of water, if any, that is:
(1) Subject to the proposed [tax] fee because of that transfer and beneficial use; or
(2) Not subject to the proposed [tax] fee pursuant to subsection 4.
3. Within 30 days after reviewing the notice of intent to impose the [tax,] fee, the State Engineer shall send a written notice to the county of origin that includes the results of his review. If the State Engineer determines that the appropriation of groundwater pursuant to the permit results in a transfer to and beneficial use of water in a county in this State other than the county of origin or in another state, the State Engineer shall include in the notice the amount of water that is subject to the proposed [tax.] fee. The county may, upon such a determination, impose the [tax] fee on the transfer.
4. A [tax] fee may not be imposed pursuant to this section on water that is appropriated and beneficially used pursuant to a permit to appropriate groundwater which is issued for a point of diversion and a place of beneficial use in the county of origin and which, after the water is diverted and beneficially used, is discharged or migrates into a county in this State other than the county of origin or into another state.
5. All money collected from a [tax] fee imposed pursuant to this section must be deposited in a trust fund for the county. The principal and interest of the trust fund may be used by the county only for the purposes of economic development, health care and education.
κ2005 Statutes of Nevada, Page 498 (CHAPTER 146, SB 35)κ
the trust fund may be used by the county only for the purposes of economic development, health care and education.
6. For the purposes of this section, if a basin includes land lying in more than one county, each county any part of whose land is included is a county of origin to the extent of the proportionate amount of water transferred from it. The State Engineer shall determine the respective proportions.
7. As used in this section:
(a) A basin is one designated by the State Engineer for the purposes of chapter 534 of NRS.
(b) Origin means the place where water is taken from underground.
Sec. 2. NRS 533.438 is hereby amended to read as follows:
533.438 1. Except as otherwise provided in subsection 4, if an appropriation of groundwater pursuant to a permit to appropriate groundwater results in the transfer to and beneficial use of water in a county in this State other than the county in which the water is appropriated or in another state, the county of origin may impose a fee of [$6] $10 per acre-foot per year on the transfer.
2. A county of origin shall not impose a fee pursuant to subsection 1 without the prior approval of the State Engineer. The county of origin shall notify the State Engineer in writing of its intent to impose the fee. The State Engineer shall review the notice of intent to impose the fee to determine:
(a) Whether the appropriation of groundwater pursuant to the permit specified in subsection 1 results in a transfer to and beneficial use of water in a county in this State other than the county of origin or in another state; and
(b) The amount of water, if any, that is:
(1) Subject to the proposed fee because of that transfer and beneficial use; or
(2) Not subject to the proposed fee pursuant to subsection 4.
3. Within 30 days after reviewing the notice of intent to impose the fee, the State Engineer shall send a written notice to the county of origin that includes the results of his review. If the State Engineer determines that the appropriation of groundwater pursuant to the permit results in a transfer to and beneficial use of water in a county in this State other than the county of origin or in another state, the State Engineer shall include in the notice the amount of water that is subject to the proposed fee. The county may, upon such a determination, impose the fee on the transfer.
4. A fee may not be imposed pursuant to this section on water that is appropriated and beneficially used pursuant to a permit to appropriate groundwater which is issued for a point of diversion and a place of beneficial use in the county of origin and which, after the water is diverted and beneficially used, is discharged or migrates into a county in this State other than the county of origin or into another state.
5. All money collected from a fee imposed pursuant to this section must be deposited in a trust fund for the county. The principal and interest of the trust fund may be used by the county only for the purposes of economic development, health care and education.
6. For the purposes of this section, if a basin includes land lying in more than one county, each county any part of whose land is included is a county of origin to the extent of the proportionate amount of water transferred from it. The State Engineer shall determine the respective proportions.
κ2005 Statutes of Nevada, Page 499 (CHAPTER 146, SB 35)κ
7. As used in this section:
(a) A basin is one designated by the State Engineer for the purposes of chapter 534 of NRS.
(b) Origin means the place where water is taken from underground.
Sec. 3. NRS 533.4385 is hereby amended to read as follows:
533.4385 1. If a county of origin has not imposed a [tax] fee on the transfer of water pursuant to NRS 533.438, an applicant and the governing body of the county of origin may execute a plan to mitigate the adverse economic effects caused by the transfer of water from the county of origin to another county. If such a plan is executed, the plan is binding on the county of origin and the applicant or his successor.
2. A plan to mitigate the adverse economic effects caused by the transfer of water from the county of origin to another county may include, but is not limited to, provisions concerning:
(a) The reservation of designated water rights to the county of origin; and
(b) Compensation for the foreseeable effects of the transfer.
3. If a plan is executed pursuant to subsection 1, the applicant shall submit the plan to the State Engineer. The State Engineer may modify a plan executed pursuant to subsection 1 if a provision of the plan:
(a) Violates a specific statute; or
(b) Becomes impossible or impracticable to put into effect.
Sec. 4. 1. This section and sections 1 and 3 of this act become effective on July 1, 2005.
2. Section 2 of this act becomes effective on January 1, 2007.
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Senate Bill No. 205Senator Mathews
CHAPTER 147
AN ACT relating to crimes; making it unlawful for a person to remove, possess, sell or offer or attempt to sell a tomb, monument, gravestone, fence, building or other structure placed in a cemetery under certain circumstances; increasing the penalty for engaging in certain other acts relating to a cemetery; requiring the payment of restitution for those acts under certain circumstances; providing penalties; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 452 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Cemetery means any enclosure or plot of land that is or may be used for the burial of the dead and includes an individual plot.
Sec. 3. 1. It is unlawful for a person to:
(a) Remove willfully any tomb, monument, gravestone, fencing, building or other structure placed in a cemetery, or any portion of the tomb, monument, gravestone, fencing, building or structure, without written authorization from a member of the immediate family or a lineal descendent of the deceased, the owner of the cemetery or cemetery authority, the board of county commissioners of the county where the cemetery is located or a court order;
κ2005 Statutes of Nevada, Page 500 (CHAPTER 147, SB 205)κ
written authorization from a member of the immediate family or a lineal descendent of the deceased, the owner of the cemetery or cemetery authority, the board of county commissioners of the county where the cemetery is located or a court order;
(b) Possess any tomb, monument, gravestone, fencing, building or other structure removed from a cemetery, or any portion of the tomb, monument, gravestone, fencing, building or structure, if the person knows it has been unlawfully removed from a cemetery; or
(c) Sell, offer or attempt to sell or otherwise transfer or dispose of any tomb, monument, gravestone, fencing, building or other structure placed in a cemetery, or any portion of the tomb, monument, gravestone, fencing, building or structure, if the person knows it has been unlawfully removed from a cemetery.
2. A person who violates any provision of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution to the owner of the cemetery, the cemetery authority or the board of county commissioners of the county in which the cemetery is located, as appropriate.
3. A person who is paid money for restitution pursuant to subsection 2 shall use the money to repair or restore the property that was removed from the cemetery.
4. This section does not relieve any person from civil liability for engaging in an unlawful act pursuant to this section.
5. The provisions of this section do not apply to a person acting in the course of a medical or archeological study, a criminal investigation or in carrying out the professional mortuary duties of the person.
Sec. 4. NRS 452.003 is hereby amended to read as follows:
452.003 As used in NRS 452.001 to 452.610, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 452.004 to 452.019, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 452.300 is hereby amended to read as follows:
452.300 1. Every person who [shall make or open] makes or opens any road, or [construct] constructs any railway, turnpike, canal or other public easement over, through, in or upon [,] such part of any [enclosure as may be used for the burial of the dead,] cemetery without authority of law or the consent of the cemetery authority or owner thereof [, shall be] is guilty of a [misdemeanor.] category E felony and shall be punished as provided in NRS 193.130.
2. Every person who deposits any material in or upon any cemetery without written consent from the owner of the cemetery or the cemetery authority or without a court order is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 6. NRS 452.305 is hereby amended to read as follows:
452.305 1. [Unless a greater penalty is provided by NRS 206.125, a] A person who:
(a) Willfully destroys, mutilates, defaces [, injures or removes] or injures any tomb, monument, gravestone, building or other structure placed in any cemetery ; [of any nonprofit corporation governed by the provisions of chapter 82 of NRS formed for the purpose of procuring and holding lands to be used exclusively for a cemetery or place of burial of the dead;]
κ2005 Statutes of Nevada, Page 501 (CHAPTER 147, SB 205)κ
(b) Willfully destroys, mutilates, defaces [, injures or removes] or injures any fence, railing or other work for the protection or ornament of any cemetery [of any such nonprofit corporation,] or any tomb, monument, gravestone, or any structure, plat or lot within the cemetery; [or]
(c) Willfully destroys, cuts, breaks or injures any tree, shrub or plant within the limits of any cemetery [of such nonprofit corporation,] ; or
(d) Willfully disturbs the contents of any grave, tomb or crypt in a cemetery,
Κ is guilty of a [misdemeanor.] category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution to the owner of the cemetery, cemetery authority or board of county commissioners of the county in which the cemetery is located, as appropriate, including payment of any costs to reinter or redeposit the contents of any grave, tomb or crypt that were removed or disturbed by the person.
2. [An offender is also liable in an action of trespass to be brought in all cases in the name of the nonprofit corporation, to pay all damages which are occasioned by his unlawful act or acts.] Any money [recovered] paid for restitution pursuant to subsection 1 must be applied by the trustees [to the reparation or restoration of] , owner of the cemetery, cemetery authority or the board of county commissioners of the county in which the cemetery is located, as appropriate, to repair or restore the property which was destroyed or injured [.] and to conduct any reinterment or redeposit for which costs were ordered pursuant to subsection 1.
3. This section does not relieve any person from civil liability for engaging in an unlawful act pursuant to this section.
Sec. 7. NRS 206.125 is hereby amended to read as follows:
206.125 1. Unless a greater penalty is provided by law, a person who knowingly vandalizes, places graffiti on, defaces or otherwise damages:
[1.] (a) Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;
[2.] (b) Any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead;
[3.] (c) Any school, educational facility or community center;
[4.] (d) The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in [subsection 1, 2 or 3; or
5.] paragraph (a), (b) or (c); or
(e) Any personal property contained in any institution, facility, building, structure or place described in [subsection 1, 2 or 3,] paragraph (a), (b) or (c),
Κ is guilty of a gross misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution for the damage.
2. A person who is paid money for restitution pursuant to subsection 1 shall use the money to repair or restore the property that was damaged.
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κ2005 Statutes of Nevada, Page 502κ
Senate Bill No. 261Senator Townsend
CHAPTER 148
AN ACT relating to public safety; revising the provisions governing skier safety to include snowboarding; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 455A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Skiing means the act of using skis to move across snow-covered ground.
Sec. 3. Snowboarder means a person who engages in snowboarding in a snow recreation area.
Sec. 4. Snowboarding means the act of using a snowboard to move across snow-covered ground.
Sec. 5. NRS 455A.010 is hereby amended to read as follows:
455A.010 This chapter may be cited as the Skier and Snowboarder Safety Act.
Sec. 6. NRS 455A.020 is hereby amended to read as follows:
455A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 455A.030 to 455A.090, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 455A.030 is hereby amended to read as follows:
455A.030 Passenger means a person who utilizes a [ski] chair lift for transportation.
Sec. 8. NRS 455A.040 is hereby amended to read as follows:
455A.040 [Ski area] Snow recreation area means the slopes, trails, runs and other areas under the control of [a skiing] an operator that are intended to be used for skiing , snowboarding or for the observation of the [sport.] sports.
Sec. 9. NRS 455A.050 is hereby amended to read as follows:
455A.050 [Ski lift] Chair lift means a device, except for an elevator, that carries, pulls or pushes a person along a level or inclined path to, from or within a [ski] snow recreation area by means of a rope, cable or other flexible element that is driven by an essentially stationary source of power.
Sec. 10. NRS 455A.060 is hereby amended to read as follows:
455A.060 [Ski patrol] Patrol means agents or employees of [a skiing] an operator who patrol the [ski] snow recreation area.
Sec. 11. NRS 455A.070 is hereby amended to read as follows:
455A.070 Skier means a person who [skis] engages in skiing in a [ski] snow recreation area.
κ2005 Statutes of Nevada, Page 503 (CHAPTER 148, SB 261)κ
Sec. 12. NRS 455A.080 is hereby amended to read as follows:
455A.080 [Skiing operator] Operator means a person, or a governmental agency or political subdivision of this State, who controls or operates an area where persons [ski.] engage in skiing or snowboarding.
Sec. 13. NRS 455A.090 is hereby amended to read as follows:
455A.090 Surface lift means a [ski] chair lift designed for skiers or snowboarders to remain in contact with the ground or snowy surface during transportation.
Sec. 14. NRS 455A.100 is hereby amended to read as follows:
455A.100 A skier or snowboarder shall not:
1. Embark upon a [ski] chair lift:
(a) When he knows that he has insufficient knowledge or physical ability to use the [ski] chair lift safely; or
(b) That is posted as closed or not in operation;
2. Purposefully embark upon or disembark from a [ski lift,] chair lift except at an area designated for such a purpose or at the direction and under the direct supervision of an authorized agent or employee of [a skiing] an operator;
3. Toss, throw or cast or intentionally drop, expel or eject an object from a [ski] chair lift;
4. Toss, throw or cast an object in the direction of a [ski] chair lift;
5. Fail or refuse to comply with:
(a) Reasonable instructions given to him by an authorized agent or employee of [a skiing] an operator regarding the use of a [ski] chair lift; or
(b) A sign posted pursuant to NRS 455A.130 or 455A.140;
6. Place any object in the uphill path of a surface lift;
7. Conduct himself in a manner that interferes with the safe operation of a [ski] chair lift or with the safety of a passenger [or skier;] , skier or snowboarder; or
8. [Ski] Engage in skiing or snowboarding in an area within the [ski] snow recreation area which is posted, as provided in NRS 207.200, as closed.
Sec. 15. NRS 455A.110 is hereby amended to read as follows:
455A.110 A skier or snowboarder shall, to the extent that the matter is within his control:
1. Locate and ascertain the meaning of signs in his vicinity posted pursuant to NRS 455A.130 and 455A.140;
2. Heed warnings and other information posted by [a skiing] an operator;
3. Remain a safe distance from vehicles, signs and equipment for grooming snow or for transportation;
4. Avoid skiers or snowboarders in motion when entering a [ski] slope, run or trail, and when commencing to [ski] engage in skiing or snowboarding from a stationary position;
5. Maintain a proper lookout and control of his speed to avoid downhill objects [and] , skiers and snowboarders to the best of his ability; and
6. Conduct himself in such a manner as to avoid injury to persons and property in a [ski] snow recreation area.
Sec. 16. NRS 455A.120 is hereby amended to read as follows:
455A.120 A skier or snowboarder shall not:
1. Use a ski or snowboard unless it is attached to the skier or snowboarder by a strap or equipped with a device capable of stopping the movement of the ski or snowboard when not attached to the skier [;] or snowboarder; movement of the ski or snowboard when not attached to the skier [;] or snowboarder;
κ2005 Statutes of Nevada, Page 504 (CHAPTER 148, SB 261)κ
movement of the ski or snowboard when not attached to the skier [;] or snowboarder;
2. Cross the uphill path of a surface lift [,] except at locations designated by [a skiing] an operator; or
3. Willfully stop where he obstructs a [ski] slope, run or trail, or where he is not safely visible to uphill skiers [.] or snowboarders.
Sec. 17. NRS 455A.130 is hereby amended to read as follows:
455A.130 1. [A skiing] An operator shall prominently post and maintain signs in simple and concise language:
(a) By each [ski] chair lift, with information for the protection and instruction of passengers; and
(b) At or near the points where passengers are loaded on a [ski] chair lift, directing persons who are not familiar with the operation of the [ski] chair lift to ask an authorized agent or employee of the [skiing] operator for assistance and instruction.
2. [A skiing] An operator shall prominently post and maintain signs with the following inscriptions at all [ski] chair lifts in the locations indicated:
(a) Remove pole straps from wrists at an area for loading skiers;
(b) Safety gate where applicable;
(c) Stay on tracks where applicable;
(d) Keep ski tips or snowboard up ahead of any point where [skis] a ski or snowboard can regain contact with the ground or snowy surface after a passenger departs from an area for loading skiers [;] or snowboarders;
(e) Prepare to unload and check for loose clothing and equipment not less than 50 feet from an area for unloading skiers [;] or snowboarders; and
(f) Unload here at an area for unloading skiers [.] or snowboarders.
3. [A skiing] An operator shall inspect a [ski] snow recreation area for the presence and visibility of the signs required to be posted by this section each day before opening the [ski] snow recreation area for business.
Sec. 18. NRS 455A.140 is hereby amended to read as follows:
455A.140 1. [A skiing] An operator shall post and maintain a system of signs:
(a) At the entrances to an established [ski] slope, run or trail to indicate:
(1) Whether any portion of the [ski] slope, run or trail is closed; and
(2) The relative degree of difficulty of the [ski] slope, run or trail;
(b) To indicate the boundary of the [ski] snow recreation area, except in heavily wooded areas or other terrain that cannot be skied or snowboarded readily; and
(c) To warn of each area within the boundary of the [ski] snow recreation area where there is a danger of avalanche by posting signs stating Warning: Avalanche Danger Area.
2. [A skiing] An operator shall equip vehicles it uses on or in the vicinity of a [ski] slope, run or trail with a light visible to skiers or snowboarders when the vehicle is in motion.
Sec. 19. NRS 455A.150 is hereby amended to read as follows:
455A.150 A sign required to be posted pursuant to NRS 455A.130 and 455A.140 must be adequately illuminated at night, if the [ski] snow recreation area is open to the public at night, and be readable and recognizable under ordinary conditions of visibility.
κ2005 Statutes of Nevada, Page 505 (CHAPTER 148, SB 261)κ
Sec. 20. NRS 455A.160 is hereby amended to read as follows:
455A.160 1. A skier or snowboarder who sustains a personal injury shall notify the [skiing] operator or a member of the [ski] patrol of the injury as soon as reasonably possible after discovery of the injury.
2. [A skiing] An operator is not liable for the death or injury of a person or damages to property caused or sustained by a skier or snowboarder who knowingly enters an area which is not designated for skiing , snowboarding or which is outside the boundary of a [ski] snow recreation area.
3. [A skiing] An operator shall take reasonable steps to minimize dangers and conditions within his control.
Sec. 21. NRS 455A.170 is hereby amended to read as follows:
455A.170 1. A skier or snowboarder shall not [ski,] engage in skiing or snowboarding, or embark on a [ski] chair lift that is proceeding predominantly uphill, while intoxicated or under the influence of a controlled substance as defined in chapter 453 of NRS [,] unless in accordance with a lawfully issued prescription.
2. A skier or snowboarder who is involved in a collision in which another person is injured shall provide his name and current address to the injured person, the [skiing] operator or a member of the [ski] patrol:
(a) Before he leaves the vicinity of the collision; or
(b) As soon as reasonably possible after leaving the vicinity of the collision to secure aid for the injured person.
3. A person who violates a provision of this section is guilty of a misdemeanor.
Sec. 22. NRS 455A.180 is hereby amended to read as follows:
455A.180 [A skiing] An operator may revoke the license or privilege [to ski] of a person to engage in skiing or snowboarding in a [ski] snow recreation area [who] if the person violates any [of the provisions] provision of NRS 455A.100, 455A.110, 455A.120 [and] or 455A.170.
Sec. 23. NRS 455A.190 is hereby amended to read as follows:
455A.190 This chapter does not prohibit a county, city or unincorporated town from enacting an ordinance, not in conflict with the provisions of this chapter, regulating skiers , snowboarders or [skiing] operators.
________
κ2005 Statutes of Nevada, Page 506κ
Assembly Bill No. 237Assemblyman Hardy
CHAPTER 149
AN ACT relating to justices courts; revising the jurisdiction of certain justices courts with respect to the issuance of orders for protection against domestic violence; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.223 is hereby amended to read as follows:
3.223 1. Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq., in each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:
(a) Brought pursuant to chapter 31A, 123, 125, 125A, 125B, 125C, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS or title 5 of NRS, except to the extent that a specific statute authorizes the use of any other judicial or administrative procedure to facilitate the collection of an obligation for support.
(b) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an order authorizing an abortion.
(c) For judicial approval of the marriage of a minor.
(d) Otherwise within the jurisdiction of the juvenile court.
(e) To establish the date of birth, place of birth or parentage of a minor.
(f) To change the name of a minor.
(g) For a judicial declaration of the sanity of a minor.
(h) To approve the withholding or withdrawal of life-sustaining procedures from a person as authorized by law.
(i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.
(j) Brought pursuant to NRS 441A.500 to 441A.720, inclusive, for an involuntary court-ordered isolation or quarantine.
2. The family court, where established [,] and , except as otherwise provided in paragraph (m) of subsection 1 of NRS 4.370, the justices court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.
3. The family court, where established, and the district court [,] have concurrent jurisdiction over any action for damages brought pursuant to NRS 41.134 by a person who suffered injury as the proximate result of an act that constitutes domestic violence.
Sec. 2. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as otherwise provided in subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $10,000.
κ2005 Statutes of Nevada, Page 507 (CHAPTER 149, AB 237)κ
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $10,000.
(c) Except as otherwise provided in paragraph (l) , in actions for a fine, penalty or forfeiture not exceeding $10,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $10,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $10,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $10,000.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $10,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.
(l) In actions for a fine imposed for a violation of NRS 484.757.
(m) Except [in a judicial district that includes a county whose population is 100,000 or more,] as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence. A justices court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:
(1) In a county whose population is more than 100,000 and less than 400,000;
(2) In any township whose population is 100,000 or more located within a county whose population is more than 400,000; or
(3) If a party to the action is a party in another action pending in the district court in which such an order may be granted by the district court.
(n) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(o) In small claims actions under the provisions of chapter 73 of NRS.
(p) In actions to contest the validity of liens on mobile homes or manufactured homes.
κ2005 Statutes of Nevada, Page 508 (CHAPTER 149, AB 237)κ
(q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
(r) In actions transferred from the district court pursuant to NRS 3.221.
(s) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justices court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 3. This act becomes effective on January 1, 2006.
________
Assembly Bill No. 393Assemblyman Hettrick
CHAPTER 150
AN ACT relating to taxation; authorizing a county to sell tax liens against parcels of real property located within the county under certain circumstances; requiring the county treasurer to issue a certificate of purchase for each tax lien sold; authorizing the purchaser of a tax lien to commence an action for the collection of the delinquent taxes, penalties, interest and costs; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. As used in sections 2 to 15, inclusive, of this act, unless the context otherwise requires, tax lien means a perpetual lien which remains against a parcel of real property until the taxes assessed against that parcel and any penalties, interest and costs which may accrue thereon are paid.
κ2005 Statutes of Nevada, Page 509 (CHAPTER 150, AB 393)κ
Secs. 3-5. (Deleted by amendment.)
Sec. 6. 1. Except as otherwise provided in this section, a county may, in lieu of the remedies for the collection of delinquent taxes set forth in NRS 361.5648 to 361.730, inclusive, sell a tax lien against a parcel of real property upon which the taxes are delinquent pursuant to the provisions of sections 2 to 15, inclusive, of this act.
2. Except as otherwise provided in this section, a county may sell a tax lien to any purchaser. A county may not sell a tax lien to a government, governmental agency or political subdivision of a government, or to any insurer other than an insurer that:
(a) Is entitled to receive the credit set forth in NRS 680B.050 because it owns and substantially occupies and uses a building in this State as its home office or as a regional home office; or
(b) Issues in this State a policy of insurance for medical malpractice.
3. For the purposes of this section:
(a) Insurer has the meaning ascribed to it in NRS 679A.100.
(b) Policy of insurance for medical malpractice has the meaning ascribed to it in NRS 679B.144.
Sec. 7. 1. Before a county may offer for sale tax liens against parcels of real property located within the county, the board of county commissioners of that county must adopt by resolution a procedure for the sale and transfer of tax liens by the county treasurer.
2. The procedure must include, but is not limited to:
(a) The requirements for notice of the sale of the tax lien. The notice must include:
(1) The date, time and location of the sale; and
(2) An indication of all other tax liens against the property that have been previously sold.
(b) The manner in which:
(1) A tax lien is selected for sale;
(2) The price to purchase a tax lien is determined; and
(3) The holder of a certificate of purchase issued pursuant to section 9 of this act may collect the delinquent taxes, interest, penalties and costs on the parcel of real property which is the subject of the tax lien.
Sec. 8. 1. A county treasurer may sell a tax lien against a parcel of real property after the first Monday in June after the taxes on that parcel become delinquent if:
(a) The parcel is on the secured roll;
(b) The taxes on the parcel are delinquent pursuant to the provisions of NRS 361.483;
(c) The tax receiver has given notice of the delinquency pursuant to NRS 361.5648; and
(d) The price for the tax lien established by the county treasurer is at least equal to the amount of the taxes which are delinquent for the parcel and any penalties, interest and costs which may accrue thereon.
2. The county treasurer may sell a tax lien separately or in combination with other tax liens in accordance with the procedure adopted by the board of county commissioners pursuant to section 7 of this act.
3. Each tax lien must relate to the taxes assessed against the parcel for at least 1 year, and any penalties, interest and costs which may accrue thereon.
κ2005 Statutes of Nevada, Page 510 (CHAPTER 150, AB 393)κ
4. The county treasurer may sell a tax lien which relates to the taxes assessed against the parcel for any year of assessment and any penalties, interest and costs accrued thereon if those taxes are delinquent pursuant to the provisions of NRS 361.483.
5. If two or more parcels are assessed as a single parcel, one tax lien may be sold for that single parcel.
6. A tax lien must be purchased in cash or by certified check, money order or wire transfer of money.
7. If a tax lien offered for sale is not sold at the sale conducted by the county treasurer, the county may collect the delinquent taxes pursuant to the remedies for the collection of delinquent taxes set forth in NRS 361.5648 to 361.730, inclusive.
Sec. 9. 1. The county treasurer shall issue a certificate of purchase to each purchaser of a tax lien.
2. The holder of a certificate of purchase is entitled to receive:
(a) The amount of the taxes which are delinquent for the year those taxes are assessed against the parcel of real property which is the subject of the tax lien and any penalties, interest and costs imposed pursuant to the provisions of this chapter; and
(b) Interest on the amount described in paragraph (a) which accrues at a rate established by the board of county commissioners. The interest must be calculated annually from the date on which the certificate of purchase is issued. The rate of interest established by the board may not be less than 10 percent per annum or more than 20 percent per annum.
3. Each certificate of purchase must include:
(a) A description of the parcel of real property which is the subject of the tax lien;
(b) The years the taxes which are delinquent were assessed on the parcel;
(c) The amount the county treasurer received for the tax lien;
(d) The amount of the delinquent taxes owed on the parcel and any penalties, interest and costs imposed pursuant to the provisions of this chapter; and
(e) A statement that the amount indicated on the certificate pursuant to paragraph (d) bears interest at the rate established by the board of county commissioners, from the date on which the certificate of purchase is issued.
4. The holder of a certificate of purchase may transfer the certificate to another person by signing the certificate before a notary public. A certificate of purchase may not be transferred to a government, governmental agency or political subdivision of a government. The transferee must submit the certificate to the county treasurer for entry of the transfer in the record of sales of tax liens maintained by the county treasurer pursuant to section 10 of this act.
5. Notwithstanding the provisions of NRS 104.9109, a security interest in a certificate of purchase may be created and perfected in the manner provided for general intangibles set forth in NRS 104.9101 to 104.9709, inclusive.
Sec. 10. The county treasurer shall prepare and maintain a record of each tax lien he sells pursuant to the provisions of sections 2 to 15, inclusive, of this act. The record must include:
1. The date of the sale of the tax lien;
κ2005 Statutes of Nevada, Page 511 (CHAPTER 150, AB 393)κ
2. A description of the parcel of real property which is the subject of the tax lien;
3. The year the taxes which are delinquent were assessed on the parcel;
4. The name of the owner of the parcel, if known;
5. The name and address of the original purchaser of the tax lien;
6. The amount of the delinquent taxes owed on the parcel and any penalties, interest and costs imposed pursuant to the provisions of this chapter on the date the county treasurer sells the tax lien;
7. The name and address of any person to whom the certificate of purchase is transferred and the date of the transfer;
8. The name of the person who redeems the tax lien, the date of that redemption and the amount paid to redeem the tax lien; and
9. The date of any judgment entered pursuant to NRS 361.700.
Sec. 11. If the holder of a certificate of purchase requests the county treasurer to issue a duplicate certificate, the holder must submit to the county treasurer a notarized affidavit which attests that the certificate was lost or destroyed. The county treasurer shall, upon receipt of the affidavit, issue to the holder an exact duplicate of the certificate of purchase.
Sec. 12. 1. If a tax lien against a parcel of real property has been sold in the year immediately preceding the date that taxes on that parcel again become delinquent pursuant to NRS 361.483, the county treasurer shall:
(a) Collect the delinquent taxes in the manner set forth in NRS 361.5648 to 361.730, inclusive;
(b) Redeem the tax lien pursuant to section 13 of this act; or
(c) Cause written notice of the delinquency to be sent by certified mail to the holder of the certificate of purchase who is listed in the record maintained by the county treasurer pursuant to section 10 of this act.
2. Within 90 days after receiving a notice from the county treasurer pursuant to paragraph (c) of subsection 1, the holder of the certificate of purchase may:
(a) Purchase from the county treasurer a tax lien against the parcel for the current year of assessment pursuant to section 9 of this act; or
(b) Consent to the redemption of the tax lien pursuant to section 13 of this act.
3. If the holder of the certificate of purchase consents to the redemption of the tax lien pursuant to section 13 of this act, the county treasurer shall:
(a) Redeem the tax lien pursuant to that section; or
(b) Sell the tax lien to another person, who shall redeem any previous tax lien pursuant to section 13 of this act.
Sec. 13. 1. In addition to the persons authorized to redeem a tax lien pursuant to section 12 of this act, any tax lien sold pursuant to the provisions of sections 2 to 15, inclusive, of this act may be redeemed by any of the following persons, as their interests in the parcel of real property which is the subject of the tax lien may appear of record:
(a) The owner of the parcel of real property.
(b) The beneficiary under a deed of trust.
(c) The mortgagee under a mortgage.
(d) The person to whom the property was assessed.
κ2005 Statutes of Nevada, Page 512 (CHAPTER 150, AB 393)κ
(e) The person who holds a contract to purchase the property before its conveyance to the county treasurer.
(f) The successor in interest of any person specified in this subsection.
2. A person who redeems a tax lien must pay to the county treasurer the amount stated on the certificate of purchase of the tax lien, including interest at the rate stated on the certificate and any fees paid by the holder of the certificate of purchase to the county treasurer.
3. If the person who redeems the tax lien has been served with a summons pursuant to NRS 361.670, he must pay the costs incurred by the holder of the certificate of purchase to commence the action.
4. The county treasurer shall issue a certificate of redemption to each person who redeems a tax lien pursuant to this section.
5. A certificate of redemption issued pursuant to subsection 4 must include:
(a) A description of the parcel of real property which is the subject of the tax lien;
(b) The date the tax lien is redeemed;
(c) The name and address of the person who redeems the tax lien; and
(d) The amount paid to redeem the tax lien.
6. The county treasurer shall record the information set forth in subsection 5 in the record he maintains pursuant to section 10 of this act.
7. A certificate of redemption may be recorded in the office of the county recorder.
Sec. 14. 1. The county treasurer shall, within 10 days after a tax lien is redeemed pursuant to section 13 of this act, mail a certified copy of the certificate of redemption to the holder of the certificate of purchase of the tax lien.
2. The county treasurer shall pay to the holder of the certificate of purchase the amount indicated on the certificate pursuant to section 9 of this act at the time the holder presents the certificate for payment.
Sec. 15. If a tax lien is not redeemed pursuant to section 13 of this act within the time allowed for the collection of the delinquent taxes set forth in NRS 361.5648 to 361.620, inclusive, the holder of the certificate of purchase may commence an action for the collection of the delinquent taxes, penalties, interests and costs.
Sec. 16. NRS 361.5648 is hereby amended to read as follows:
361.5648 1. Within 30 days after the first Monday in March of each year, with respect to each property on which the tax is delinquent, the tax receiver of the county shall mail notice of the delinquency by first-class mail to:
(a) The owner or owners of the property;
(b) The person or persons listed as the taxpayer or taxpayers on the tax rolls, at their last known addresses, if the names and addresses are known; and
(c) Each holder of a recorded security interest if the holder has made a request in writing to the tax receiver for the notice, which identifies the secured property by the parcel number assigned to it in accordance with the provisions of NRS 361.189.
2. The notice of delinquency must state:
(a) The name of the owner of the property, if known.
(b) The description of the property on which the taxes are a lien.
κ2005 Statutes of Nevada, Page 513 (CHAPTER 150, AB 393)κ
(c) The amount of the taxes due on the property and the penalties and costs as provided by law.
(d) That if the amount is not paid by the taxpayer or his successor in interest [, the] :
(1) The tax receiver will, at 5 p.m. on the first Monday in June of the current year, issue to the county treasurer, as trustee for the State and county, a certificate authorizing him to hold the property, subject to redemption within 2 years after the date of the issuance of the certificate, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum from the date due until paid as provided by law, except as otherwise provided in NRS 360.232 and 360.320, and that redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.
(2) A tax lien may be sold against the parcel pursuant to the provisions of sections 2 to 15, inclusive, of this act.
3. Within 30 days after mailing the original notice of delinquency, the tax receiver shall issue his personal affidavit to the board of county commissioners affirming that due notice has been mailed with respect to each parcel. The affidavit must recite the number of letters mailed, the number of letters returned [,] and the number of letters finally determined to be undeliverable. Until the period of redemption has expired, the tax receiver shall maintain detailed records which contain such information as the Department may prescribe in support of his affidavit.
4. A second copy of the notice of delinquency must be sent by certified mail, not less than 60 days before the expiration of the period of redemption as stated in the notice.
5. The cost of each mailing must be charged to the delinquent taxpayer.
Sec. 17. NRS 361.570 is hereby amended to read as follows:
361.570 1. Pursuant to the notice given as provided in NRS 361.5648 and 361.565 and at the time stated in the notice, the tax receiver shall make out a certificate that describes each property on which delinquent taxes have not been paid. The certificate authorizes the county treasurer, as trustee for the State and county, to hold each property described in the certificate for the period of 2 years after the first Monday in June of the year the certificate is dated, unless sooner redeemed.
2. The certificate must specify:
(a) The amount of delinquency on each property, including the amount and year of assessment;
(b) The taxes, and the penalties and costs added thereto, on each property, and that, except as otherwise provided in NRS 360.232 and 360.320, interest on the taxes will be added at the rate of 10 percent per annum from the date due until paid; and
(c) The name of the owner or taxpayer of each property, if known.
3. The certificate must state [, and] :
(a) And it is hereby provided:
[(a)] (1) That each property described in the certificate may be redeemed within 2 years after the date of the certificate; and
[(b)] (2) That the title to each property not redeemed vests in the county for the benefit of the State and county.
(b) That a tax lien may be sold against the parcel pursuant to the provisions of sections 2 to 15, inclusive, of this act.
κ2005 Statutes of Nevada, Page 514 (CHAPTER 150, AB 393)κ
4. Until the expiration of the period of redemption, each property held pursuant to the certificate must be assessed annually to the county treasurer as trustee, and before the owner or his successor redeems the property, he shall also pay the county treasurer holding the certificate any additional taxes assessed and accrued against the property after the date of the certificate, together with interest on the taxes at the rate of 10 percent per annum from the date due until paid, unless otherwise provided in NRS 360.232 and 360.320.
5. A county treasurer shall take a certificate issued to him pursuant to this section. The county treasurer may cause the certificate to be recorded in the office of the county recorder against each property described in the certificate to provide constructive notice of the amount of delinquent taxes on each property respectively. The certificate reflects the amount of delinquent taxes due on the properties described in the certificate on the date on which the certificate was recorded, and the certificate need not be amended subsequently to indicate the repayment of any of those delinquent taxes. The recording of the certificate does not affect the statutory lien for taxes provided in NRS 361.450.
Sec. 18. NRS 361.645 is hereby amended to read as follows:
361.645 1. The delinquent list or a copy thereof certified by the county treasurer showing unpaid taxes against any person or property [shall be] is prima facie evidence in any court in an action commenced by the district attorney pursuant to the provisions of this chapter to prove:
[1.] (a) The assessment.
[2.] (b) The property assessed.
[3.] (c) The delinquency.
[4.] (d) The amount of taxes due and unpaid.
[5.] (e) That all the forms of law in relation to the assessment and levy of [such] those taxes have been complied with.
2. A certificate of purchase of a tax lien issued pursuant to sections 2 to 15, inclusive, of this act or a copy thereof which is certified by the county treasurer and which indicates the sale of a tax lien to collect unpaid taxes on a parcel of real property is prima facie evidence in any court in an action commenced by the holder of the certificate of purchase to prove:
(a) The assessment.
(b) The property assessed.
(c) The delinquency.
(d) The amount of taxes, penalties, interest and costs due and unpaid.
(e) That all the forms of law in relation to the assessment and levy of those taxes and the sale of the tax lien have been complied with.
Sec. 19. NRS 361.650 is hereby amended to read as follows:
361.650 1. Actions authorized by NRS 361.635 [shall] must be commenced in the name of the State of Nevada against the person or persons so delinquent, and against all owners, known or unknown.
2. [Such actions] An action authorized by section 15 of this act must be commenced in the name of the holder of the certificate of purchase of the tax lien against the person or persons delinquent in the payment of the taxes on the parcel of real property which is the subject of the tax lien and against all owners, known or unknown, of that parcel.
3. Any action described in subsection 1 or 2 may be commenced in the county where the assessment is made, before any court in the county having jurisdiction of the amount thereof . [, and such jurisdiction shall] The jurisdiction must be determined solely by the amount of delinquent taxes, exclusive of penalties and costs sued for, without regard to the location of the lands or other property as to townships, cities or districts, and without regard to the residence of the person or persons, or owner or owners, known or unknown.
κ2005 Statutes of Nevada, Page 515 (CHAPTER 150, AB 393)κ
jurisdiction must be determined solely by the amount of delinquent taxes, exclusive of penalties and costs sued for, without regard to the location of the lands or other property as to townships, cities or districts, and without regard to the residence of the person or persons, or owner or owners, known or unknown.
Sec. 20. NRS 361.655 is hereby amended to read as follows:
361.655 The complaint in [the] an action brought by the district attorney may be as follows in form:
In the (Title of Court)
State of Nevada }
v. } Complaint
A.B. & Co., and the real estate and }
improvements in (describing them). }
The State of Nevada, by C.D., district attorney of the county of ................................, complains of A.B. and also the real estate and improvements (describing them with the same particularity as in actions of ejectment, or actions for the recovery of personal property), and for cause of action says that between July 1, of the year ......, and January 2, of the year ......, in the county of ................, in the State of Nevada, E.F., then and there, being county assessor of the county, did duly assess and put down on an assessment roll all the real and personal property in the county subject to taxation, and that the assessment roll was afterward submitted to the county board of equalization of the county, and was by the board duly equalized as provided by law; that A.B. was then and there the owner of, and that there was duly assessed to him the above-described real estate, improvements upon real estate and certain personal property, and that upon such property there has been duly levied for the fiscal year ...... a state tax of ................ dollars, and a county tax of ................ dollars, amounting in the whole to ................ dollars, all of which is due and unpaid; of which amount ................ dollars was duly assessed and levied against the real estate, and ................ dollars against the improvements aforesaid, and ................ dollars against the personal property.
Wherefore, plaintiff prays judgment against A.B. for the sum of ................ dollars (the whole of the tax) and all penalties and costs, and a separate judgment against the real estate and improvements, for the sum of ................ dollars (the tax due on real estate, improvements [,] and personal property) and all penalties and costs, as provided by law, and for such other judgment as to justice belongs, and for all costs subsequent to the assessment of the taxes, and of this action.
.......................................................
C.D., District Attorney
County of........................
Sec. 21. NRS 361.670 is hereby amended to read as follows:
361.670 The summons so issued [shall] must be served by the sheriff, as follows:
1. As to the personal defendant, by delivering to and leaving with him a copy of the summons if he is found within the county. If the personal defendant cannot, after diligent search, be found within the county, [then] service may be made upon [such] that personal defendant by publishing a notice, substantially in the form described in NRS 361.680, [in some] if the action is brought by a district attorney, in a newspaper published in the county [, if there is one,] once each week for 3 successive weeks .
κ2005 Statutes of Nevada, Page 516 (CHAPTER 150, AB 393)κ
service may be made upon [such] that personal defendant by publishing a notice, substantially in the form described in NRS 361.680, [in some] if the action is brought by a district attorney, in a newspaper published in the county [, if there is one,] once each week for 3 successive weeks . [; and in case] If no newspaper is published in the county, or [in case] a newspaper is published in the county and, from any cause whatever, the proprietor, manager or chief clerk of [such] that newspaper refuses to publish the [same (] notice, such facts to be shown by affidavit of the officer serving the summons , [), then] the notice prescribed by NRS 361.680 may be posted at the courthouse door of the county in which the suit is commenced for 21 days. No order of court [shall be] is necessary for such publication or posting, but the sheriff shall publish or post the notice as provided [herein] in this section when the personal defendant cannot be found within the county, and shall return the manner of service on the summons.
2. As to real estate and improvements thereon, or improvements when assessed to a person other than the owner of the real estate, and as to all owners of or claimants to the same, known or unknown, service of the summons may be made by posting a copy of the summons in [some] a public place on the real estate, or improvements, when assessed separately, for 21 days, and also by publishing or posting a notice in the same manner and for the same time as required in cases where the personal defendant cannot be found in the county.
Sec. 22. NRS 361.680 is hereby amended to read as follows:
361.680 [The] In an action brought by the district attorney, the notice required to be published or posted [shall] must be substantially in the following form [,] and may include any number of cases in which the return day of the summons [shall be] is the same:
State of Nevada }
} District Attorneys Office
County of............................................ }
Notice of Suits Commenced
To the following-named defendants, and to all owners of, or claimants to, the real estate and improvements, when assessed separately, hereinafter described, known or unknown.
You are hereby notified that suits have been commenced in (name of court where held) by the State of Nevada, plaintiff, against each of the defendants hereinafter named, and each of the following-described tracts or parcels of land with the improvements thereon, and improvements when separately assessed, and all owners of, or claimants to the same, known or unknown, to recover the tax and delinquency assessed to the defendant against the property, for the fiscal year commencing ................, and ending ................, and that a summons has been duly issued in each case; and you are further notified that unless you appear and answer to the complaint filed in such cause, on or before the ............. day of the month of ............ of the year ......, judgment will be taken against you and the real estate and improvements herein described, for the amount of tax and delinquency specified, and cost of suit.
κ2005 Statutes of Nevada, Page 517 (CHAPTER 150, AB 393)κ
Tax and delinquency: A.B. (describe real estate and improvements as in summons) .............................. ................. $................;
E.F., personal property, assessed at $..................
.......................................................
C.D., District Attorney
County of........................
Sec. 23. NRS 361.685 is hereby amended to read as follows:
361.685 1. The district attorney or the holder of a certificate of purchase of a tax lien issued pursuant to sections 2 to 15, inclusive, of this act shall file in the office of the county recorder a copy of each notice published or posted, with the affidavit of the publisher or foreman in the office, setting forth the date of each publication of the notice in the newspaper in which the [same] notice was published.
2. The officers shall file a copy of the notices posted, with an affidavit of the time and place of posting.
3. Copies so filed or certified copies thereof [shall be] are prima facie evidence of all the facts [therein contained, or] contained in the notice or affidavit, in all courts in the State.
4. The publishers [shall be] are entitled to not more than the legal rate for each case for publishing a notice, including the making of the affidavit.
5. The county recorder [shall be] is entitled to 50 cents for filing each notice of publication, including the affidavit.
6. The sums [so allowed shall] allowed must be taxed and collected as other costs in the case from the defendant, and in no case [shall] may they be charged against or collected from the county or State.
Sec. 24. NRS 361.695 is hereby amended to read as follows:
361.695 The defendant may answer by a verified pleading:
1. That the taxes , [and] penalties , interest and costs have been paid before suit.
2. That the taxes , [with] penalties , interest and costs have been paid since suit, or that [such] the property is exempt from taxation under the provisions of this chapter.
3. Denying all claim, title or interest in the property assessed at the time of the assessment.
4. That the land is situate in, and has been assessed in, another county, and the taxes thereon paid.
5. [Fraud] Alleging fraud in the assessment, or that the assessment is out of proportion to and above the taxable value of the property assessed. [Where] If the defense is based upon the ground that the assessment is above the taxable value of the property, the defense is only [effectual] valid as to the proportion of the tax based upon [such] the excess of valuation , [;] but in no such case may an entire assessment be declared void.
6. If the action is brought by the holder of a certificate of purchase of a tax lien issued pursuant to sections 2 to 15, inclusive, of this act, that the defendant is the owner of a parcel of real property against which a tax lien was sold in a manner that did not comply with the provisions of sections 2 to 15, inclusive, of this act.
7. If the action is brought by the holder of a certificate of purchase of a tax lien issued pursuant to sections 2 to 15, inclusive, of this act, that the defendant has redeemed the tax lien pursuant to section 13 of this act. The defendant shall file the certificate of redemption issued pursuant to section 13 of this act with his answer.
κ2005 Statutes of Nevada, Page 518 (CHAPTER 150, AB 393)κ
defendant shall file the certificate of redemption issued pursuant to section 13 of this act with his answer.
Sec. 25. NRS 541.240 is hereby amended to read as follows:
541.240 If the taxes and assessments levied are not paid as [herein provided,] provided in NRS 541.230, then the real property, if not redeemed within the time allowed by law, [shall] must be sold and conveyed for the payment of taxes, assessments, interest and penalties in the manner provided [by chapter 361 of] in NRS 361.5648 to 361.730, inclusive, for the sale of real property after default in payment of general taxes.
Sec. 26. This act becomes effective on July 1, 2005.
________
Assembly Bill No. 518Committee on Education
CHAPTER 151
AN ACT relating to education; authorizing the boards of trustees of school districts to apply to the Superintendent of Public Instruction for additional days or minutes of instruction for certain programs of remedial education; authorizing the board of trustees of a school district to prescribe the minimum attendance requirements for pupils who are enrolled in kindergarten or the first grade and for pupils who are enrolled in certain programs of remedial education; revising related provisions governing the attendance and truancy of pupils; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.090 is hereby amended to read as follows:
388.090 1. Except as otherwise provided in this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.
2. Except for an alternative schedule described in subsection 3, the Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize the school district to provide a program of instruction based on an alternative schedule if the number of minutes of instruction to be provided is equal to or greater than the number of minutes of instruction that would be provided in a program of instruction consisting of 180 school days. The Superintendent of Public Instruction shall notify the board of trustees of the school district of the approval or denial of the application not later than 30 days after the Superintendent of Public Instruction receives the application. An alternative schedule proposed pursuant to this subsection must be developed in accordance with chapter 288 of NRS. If a school district is located in a county whose population is 100,000 or more, the school district may not submit an application pursuant to this subsection unless the proposed alternative schedule of the school district will apply only to a rural portion or a remote portion of the county in which the school district is located, as defined by the State Board pursuant to subsection [8.] 9.
κ2005 Statutes of Nevada, Page 519 (CHAPTER 151, AB 518)κ
3. The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize a reduction of not more than 15 school days in that particular district to establish or maintain an alternative schedule consisting of a 12-month school program if the board of trustees demonstrates that the proposed alternative schedule for the program provides for a number of minutes of instruction that is equal to or greater than that which would be provided under a program consisting of 180 school days. Before authorizing a reduction in the number of required school days pursuant to this subsection, the Superintendent of Public Instruction must find that the proposed alternative schedule will be used to alleviate problems associated with a growth in enrollment or overcrowding.
4. The Superintendent of Public Instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner. The provisions of this subsection do not apply to an alternative schedule approved pursuant to subsection 2.
5. The number of minutes of instruction required for a particular group of pupils in a program of instruction based on an alternative schedule approved pursuant to this section must be determined by multiplying the appropriate minimum daily period of instruction established by the State Board by regulation for that particular group of pupils by 180.
6. The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize additional days or minutes of instruction for a program of remedial education that is fully paid for through the school district, including, without limitation, the provision of transportation. If the Superintendent of Public Instruction authorizes such additional days or minutes, the board of trustees may adopt a policy prescribing the minimum number of days of attendance or the minimum number of minutes of attendance for a pupil who is determined to need such remedial education. If the board of trustees adopts such a policy, the policy must include, without limitation, the criteria for determining that a pupil be enrolled in the program of remedial education, the procedure pursuant to which parents and guardians will be notified of the pupils progress throughout the school year and a process for appealing a determination regarding a pupils need for remedial education.
7. Each school district shall schedule at least 3 contingent days of school, or its equivalent if the school district operates under an alternative schedule authorized pursuant to this section, in addition to the number of days required by this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district.
[7.] 8. If more than 3 days of free school, or its equivalent if the school district operates under an alternative schedule authorized pursuant to this section, are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the Superintendent of Public Instruction, upon application by the school district, may permit the additional days lost to be counted as school days in session. The application must be submitted in the manner prescribed by the Superintendent of Public Instruction.
[8.] 9. The State Board shall adopt regulations:
κ2005 Statutes of Nevada, Page 520 (CHAPTER 151, AB 518)κ
(a) Providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.
(b) Defining a rural portion of a county and a remote portion of a county for the purposes of subsection 2.
Sec. 2. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides.
2. A child who is 5 years of age on or before September 30 of a school year may be admitted to kindergarten at the beginning of that school year, and his enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must:
(a) If he has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or
(b) If he has completed kindergarten, be admitted to the first grade at the beginning of that school year,
Κ and his enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before September 30 of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday.
4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.
5. Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send him to the public school during all the time the school is in session. If the board of trustees of a school district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his child in kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade. Before the childs first day of attendance at a school, the parent or legal guardian shall sign a statement on a form provided by the school district acknowledging that he has read and understands the policy concerning attendance and the policy concerning withdrawal of pupils from kindergarten or first grade. The parent or legal guardian shall comply with the applicable requirements for attendance. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
κ2005 Statutes of Nevada, Page 521 (CHAPTER 151, AB 518)κ
6. A child who is 7 years of age on or before September 30 of a school year must:
(a) If he has completed kindergarten and the first grade, be admitted to the second grade.
(b) If he has completed kindergarten, be admitted to the first grade.
(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the childs attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, he must be admitted to the first grade. If the district determines that the child is not so prepared, he must be admitted to kindergarten.
Κ The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.
7. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:
(a) Who is 7 years of age on or before September 30 of the next school year; and
(b) Whose parents waived his attendance from kindergarten pursuant to subsection 4,
Κ to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
8. A child who becomes a resident of this State after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade he was attending or would be attending had he remained a resident of the other state regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
9. As used in this section, kindergarten includes:
(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060;
(b) A kindergarten established by the governing body of a charter school; and
(c) An authorized program of instruction for kindergarten offered in a childs home pursuant to NRS 388.060.
Sec. 3. NRS 392.122 is hereby amended to read as follows:
392.122 1. The board of trustees of each school district shall prescribe a minimum number of days that a pupil who is subject to compulsory attendance and enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade. The board of trustees of a school district may adopt a policy prescribing a minimum number of days that a pupil who is enrolled in kindergarten or first grade in the school district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade.
2. For the purposes of this [subsection,] section, the days on which a pupil is not in attendance because the pupil is absent for up to 10 days within 1 school year with the approval of the teacher or principal of the school pursuant to NRS 392.130, must be credited towards the required days of attendance if the pupil has completed course-work requirements.
κ2005 Statutes of Nevada, Page 522 (CHAPTER 151, AB 518)κ
[2.] 3. Before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or his designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and his parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review. Upon the request for a review by the pupil and his parent or legal guardian, the principal or his designee shall review the reason for each absence of the pupil upon which the intended denial of credit or promotion is based. After the review, the principal or his designee shall credit towards the required days of attendance each day of absence for which:
(a) There is evidence or a written affirmation by the parent or legal guardian of the pupil that the pupil was physically or mentally unable to attend school on the day of the absence; and
(b) The pupil has completed course-work requirements.
[3.] 4. A pupil and his parent or legal guardian may appeal a decision of a principal or his designee pursuant to subsection [2] 3 to the board of trustees of the school district in which the pupil is enrolled.
[4.] 5. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.
Sec. 4. This act becomes effective on July 1, 2005.
________
Assembly Bill No. 341Assemblymen Parks, Giunchigliani, Leslie and McClain (by request)
CHAPTER 152
AN ACT relating to appraisers of real estate; exempting persons who assess the value of property in connection with a judicial proceeding for eminent domain from the provisions governing appraisers; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645C.150 is hereby amended to read as follows:
645C.150 The provisions of this chapter do not apply to:
1. A federal or state employee, or an employee of a local government, who prepares or communicates an appraisal as part of his official duties, unless a license or certificate is required as a condition of his employment.
2. A person appointed to evaluate real estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the appointing judge.
3. A board of appraisers acting pursuant to NRS 269.135.
κ2005 Statutes of Nevada, Page 523 (CHAPTER 152, AB 341)κ
4. A person licensed pursuant to chapter 645 or 684A of NRS, or certified pursuant to chapter 645D of NRS, while he is performing an act within the scope of his license or certificate.
5. A person who makes an evaluation of real estate as an incidental part of his employment for which special compensation is not provided, if that evaluation is only provided to his employer for internal use within the place of his employment.
6. A person who makes an assessment of the value of property in connection with a judicial proceeding for eminent domain brought pursuant to chapter 37 of NRS.
________
Assembly Bill No. 104Committee on Ways and Means
CHAPTER 153
AN ACT making an appropriation to the Western Interstate Commission for Higher Education for upgrades in information technology for its accounting system; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Western Interstate Commission for Higher Education the sum of $67,900 for upgrades in information technology for its accounting system.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 105Committee on Ways and Means
CHAPTER 154
AN ACT making an appropriation to the State Department of Agriculture for the acquisition of equipment for the State Sealer of Weights and Measures; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the State Department of Agriculture the sum of $290,000 for the acquisition of equipment for the State Sealer of Weights and Measures.
κ2005 Statutes of Nevada, Page 524 (CHAPTER 154, AB 105)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 32Committee on Natural Resources, Agriculture, and Mining
CHAPTER 155
AN ACT relating to the State Department of Agriculture; making certain information collected by the Department confidential; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 561.285 is hereby amended to read as follows:
561.285 [The]
1. Except as otherwise provided in subsection 2, the Department may collect and disseminate, throughout the State, information calculated to educate and benefit the general public and the livestock and agricultural industries of the State of Nevada, and information pertaining to any program administered by the Department.
2. Except as otherwise provided in NRS 571.160, all proprietary information concerning:
(a) Numbers of animals;
(b) The quantity of production;
(c) Fiscal or tax matters; or
(d) The security of any facility,
Κ which specifically relates to a natural person, company, corporation or other nonpublic entity, and which is collected by the Department pursuant to the provisions of titles 49 and 50 of NRS and chapters 581, 582, 583, 586, 587, 588 and 590 of NRS is confidential.
Sec. 2. This act becomes effective on July 1, 2005.
________
κ2005 Statutes of Nevada, Page 525κ
Assembly Bill No. 124Committee on Judiciary
CHAPTER 156
AN ACT relating to crimes; prohibiting a person from operating an audiovisual recording function of a device in a motion picture theater under certain circumstances; providing immunity from criminal and civil liability under certain circumstances to an owner or lessee of a motion picture theater who detains a person believed to have violated that prohibition; providing penalties; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 5, it is unlawful for a person to, without the consent of the owner or lessee of a motion picture theater, knowingly operate an audiovisual recording function of any device in the motion picture theater with the intent to record a motion picture that is being exhibited in that theater.
2. Unless a greater penalty is imposed by a specific statute, a person who violates the provisions of subsection 1 is guilty of:
(a) For a first offense, a misdemeanor; and
(b) For a second or any subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.
3. An owner or lessee of a motion picture theater and an authorized agent or employee of an owner or lessee of a motion picture theater who has reason to believe that a person has operated an audiovisual recording function of any device in the motion picture theater in violation of subsection 1 may take the person into custody and detain him, on the premises of the motion picture theater, in a reasonable manner and for a reasonable length of time, for the purpose of informing a peace officer of the circumstances of such detention. The owner, lessee, agent or employee is presumed to have reason to believe that a person has operated an audiovisual recording function of any device in violation of subsection 1 if the owner, lessee, agent or employee observed the person aiming the device at a screen or other surface while a motion picture was being exhibited on the screen or other surface. Such taking into custody and detention by an owner, lessee, agent or employee does not render the owner, lessee, agent or employee criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.
4. An owner, lessee, agent or employee is not entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on the premises of the motion picture theater a notice in boldface type clearly legible and in substantially the following form:
κ2005 Statutes of Nevada, Page 526 (CHAPTER 156, AB 124)κ
It is a crime to record a movie in this theater. If the owner or lessee of the theater or his employee or agent has reason to believe that a person is recording a movie in this theater, he may detain the person on the premises of the theater for the purpose of notifying a peace officer. Violators of this crime are subject to arrest and prosecution. Section 1 of this act.
5. This section does not prevent a federal, state or local governmental agency or officer thereof who is engaged in any lawful activity related to an investigation, protecting the public, enforcing the laws or gathering information from operating any audiovisual recording function of any device in a motion picture theater as part of that lawful activity.
6. As used in this section:
(a) Audiovisual recording function means a function which is capable of recording or transmitting a motion picture or any part thereof by means of any technology now known or later developed.
(b) Motion picture theater means a movie theater, screening room or other venue that is used primarily for the exhibition of a motion picture.
________
Assembly Bill No. 141Committee on Government Affairs
CHAPTER 157
AN ACT relating to fire protection; increasing the maximum balance allowed in the district fire emergency fund of certain fire protection districts; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 474.510 is hereby amended to read as follows:
474.510 1. The board of fire commissioners shall prepare a budget for each district organized in accordance with NRS 474.460, estimating the amount of money which will be needed to defray the expenses of the district and to meet unforeseen fire emergencies, and to determine the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.
2. At the time of making the levy of county taxes for the year, the board of county commissioners shall levy the tax provided by subsection 1, upon all property, both real and personal, subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines as authorized in this section must be based upon valuations established by the Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
3. The amount of tax to be collected for the purposes of this section must not exceed, in any 1 year, 1 percent of the value of the property described in subsection 2 and any net proceeds of minerals derived from within the boundaries of the district.
κ2005 Statutes of Nevada, Page 527 (CHAPTER 157, AB 141)κ
4. If levied, the tax must be entered upon the assessment roll and collected in the same manner as state and county taxes. Taxes may be paid in four approximately equal installments at the times specified in NRS 361.483 and the same penalties as specified in NRS 361.483 must be added for failure to pay the taxes.
5. For the purposes of NRS 474.460 to 474.550, inclusive, the county treasurer shall keep two separate funds for each district, one to be known as the district fire protection operating fund and one to be known as the district fire emergency fund. The sums collected to defray the expenses of any district organized pursuant to NRS 474.460 must be deposited in the district fire protection operating fund, and the sums collected to meet unforeseen emergencies must be deposited in the district fire emergency fund. The district fire emergency fund must be used solely for emergencies and must not be used for regular operating expenses. The money deposited in the district fire emergency fund must not exceed the sum of [$250,000.] $1,000,000. Any interest earned on the money in the district fire emergency fund that causes the balance in that fund to exceed [$250,000] $1,000,000 must be credited to the district fire protection operating fund.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 351Assemblyman Mortenson
CHAPTER 158
AN ACT relating to parks; encouraging the adoption of regulations to facilitate the display and sale of artistic expressions protected by the First Amendment in state, county and municipal parks, recreational and cultural facilities; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
Whereas, The Supreme Court of the United States has recognized that art is a form of expression protected by the First Amendment; and
Whereas, The Supreme Court of the United States has held that a narrow, succinctly articulable message is not a condition of constitutional protection, which if confined to expressions conveying a particularized message, would never reach the unquestionably shielded painting of Jackson Pollock, music of Arnold Schoenberg, or Jabberwocky verse of Lewis Carroll; and
Whereas, The Supreme Court of the United States has held that public parks are quintessential public forums where citizens may engage in constitutionally protected expression, subject only to reasonable restrictions on the time, place and manner of their doing so; and
Whereas, The Supreme Court of the United States has held that it is unquestioned that the First Amendment protection is not lost simply because the protected expression is sold for profit; and
Whereas, The Presidents Committee on the Arts and the Humanities has found that participation in the arts and humanities unlocks the human potential for creativity and supports a thriving culture that is at the core of a vital society; and
κ2005 Statutes of Nevada, Page 528 (CHAPTER 158, AB 351)κ
Whereas, The use of the parks for the appreciation and viewing of art has not yet been fully realized but presents continuing opportunities to broaden the visitor base and public enjoyment of Nevadas parks by making art and culture basic components of recreation; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Legislature hereby encourages:
(a) The Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources;
(b) Each board of county commissioners, county park and recreation commission and county park commission; and
(c) The governing body of each city or town,
Κ to adopt regulations to facilitate the display and sale of artistic expressions protected by the First Amendment in the public parks, public recreational and cultural facilities and other public spaces within their respective jurisdictions.
2. The Legislature hereby encourages the Administrator, county commissioners, county park and recreation commissions, county park commissions and the governing bodies to adopt regulations that do not create impediments to artistic expression, but include reasonable standards for:
(a) Designating space within public parks, public recreational and cultural facilities or other suitable public spaces within their respective jurisdictions, including sidewalks, for the display of various forms of artistic expression, including space for an artist to sell art he has created; and
(b) Allocating space within the public park, public recreational or cultural facility or other public space among the artists wishing to display and sell their work in the public park, public recreational or cultural facility or other public space, at the lowest cost possible to encourage artists and the public to participate in, develop and enjoy various forms of art.
________
κ2005 Statutes of Nevada, Page 529κ
Assembly Bill No. 165Assemblymen Kirkpatrick, Parks, Ohrenschall, Goicoechea, Allen, Arberry Jr., Atkinson, Christensen, Claborn, Conklin, Denis, Gerhardt, Giunchigliani, Grady, Hardy, Hettrick, Hogan, Horne, Koivisto, Manendo, McClain, McCleary, Munford, Oceguera, Seale, Sibley and Smith
Joint Sponsors: Senators Hardy and Horsford
CHAPTER 159
AN ACT relating to land use planning; revising provisions governing continuances of matters before planning commissions in larger counties; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.050 is hereby amended to read as follows:
278.050 1. The commission shall hold at least one regular meeting in each month.
2. [It] The commission shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record [shall be] is a public record.
3. [In] Except as otherwise provided in subsection 4, in a county whose population is 400,000 or more, the commission shall not grant to an applicant or his authorized representative more than two continuances requested by the applicant or his authorized representative on the same matter, unless the commission determines, upon good cause shown, that the granting of additional continuances is warranted. If the commission grants a continuance pursuant to this subsection for good cause shown, the person on whose behalf the continuance was granted must make a good faith effort to resolve the issues concerning which the continuance was requested.
4. An applicant or his authorized representative may request a continuance on a matter on behalf of an officer or employee of a city or county, a member of the commission or any owner of property that may be directly affected by the matter. If the commission grants the continuance, the continuance must not be counted toward the limitation on the granting of continuances set forth in subsection 3 relating to that matter.
5. As used in this section:
(a) Applicant means the person who owns the property to which the application pending before the commission pertains.
(b) Good cause includes, without limitation:
(1) The desire by the applicant or his authorized representative to:
(I) Revise plans, drawings or other documents relating to the matter;
(II) Engage in negotiations concerning the matter with any person or governmental entity; or
(III) Retain counsel to represent him in the matter.
κ2005 Statutes of Nevada, Page 530 (CHAPTER 159, AB 165)κ
(2) Circumstances relating to the matter that are beyond the control of the applicant or his authorized representative.
Sec. 2. The amendatory provisions of this act apply to all matters pending or filed with a planning commission in a county whose population is 400,000 or more on or after July 1, 2005.
Sec. 3. This act becomes effective on July 1, 2005.
________
Assembly Bill No. 26Committee on Government Affairs
CHAPTER 160
AN ACT relating to veterans; requiring the Executive Director for Veterans Services to establish and implement rules, policies and procedures for the management, maintenance and operation of veterans homes; requiring the State Board of Examiners to establish a schedule of rates to be charged for occupancy of rooms at veterans homes; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 417.145 is hereby amended to read as follows:
417.145 1. The Veterans Home Account is hereby established in the State General Fund.
2. Money received from:
(a) Payments made by the United States Department of Veterans Affairs for veterans who receive care in a veterans home;
(b) Other payments for medical care and services;
(c) Appropriations made by the Legislature for veterans homes; [and]
(d) Federal grants and other money received pursuant to paragraph (c) of subsection 1 of NRS 417.147;
(e) Money collected pursuant to the schedule of rates established pursuant to subsection 2 of NRS 417.147 for occupancy of rooms at veterans homes; and
(f) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property for the use of veterans homes, if the use of such gifts has not been restricted by the donor,
Κ must be deposited with the State Treasurer for credit to the Veterans Home Account.
3. Interest and income must not be computed on the money in the Veterans Home Account.
4. The Veterans Home Account must be administered by the Executive Director, with the advice of the administrators, and except as otherwise provided in paragraph (c) of subsection 1 of NRS 417.147, the money deposited in the Veterans Home Account may only be expended for:
(a) The establishment, management, maintenance and operation of veterans homes;
(b) A program or service related to a veterans home;
κ2005 Statutes of Nevada, Page 531 (CHAPTER 160, AB 26)κ
(c) The solicitation of other sources of money to fund a veterans home; and
(d) The purpose of informing the public about issues concerning the establishment and uses of a veterans home.
5. Except as otherwise provided in subsection 7, gifts of personal property for the use of veterans homes:
(a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or
(b) May be used in kind if the gifts are not appropriate for conversion to money.
6. All money in the Veterans Home Account must be paid out on claims approved by the Executive Director as other claims against the State are paid.
7. The Gift Account for Veterans Homes is hereby established in the State General Fund. Gifts of money or personal property which the donor has restricted to one or more uses at a veterans home must be used only in the manner designated by the donor. Gifts of money which the donor has restricted to one or more uses at a veterans home must be deposited with the State Treasurer for credit to the Gift Account for Veterans Homes. The interest and income earned on the money in the Gift Account for Veterans Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans Homes. Any money remaining in the Gift Account for Veterans Homes at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.
8. The Executive Director shall, on or before August 1 of each year, prepare and submit to the Interim Finance Committee a report detailing the expenditures made from the Gift Account for Veterans Homes that are attributable to the money deposited in that account pursuant to subsection 2 of NRS 482.3764.
Sec. 2. NRS 417.147 is hereby amended to read as follows:
417.147 1. The Executive Director shall:
(a) Appoint an administrator for each veterans home in this State. Each administrator must be licensed as a nursing facility administrator pursuant to NRS 654.170.
(b) Take such other actions as are necessary for the management, maintenance and operation of veterans homes in this State [.] , including, without limitation, establishing and implementing rules, policies and procedures for such management, maintenance and operation.
(c) Apply for federal grants and other sources of money available for establishing veterans homes. [Federal grants and other money received pursuant to this paragraph must be deposited with the State Treasurer for credit to the Veterans Home Account.] A federal grant must be used only as permitted by the terms of the grant.
2. With the advice of the Nevada Veterans Services Commission, the Executive Director shall, on or before April 1 of each calendar year, recommend to the State Board of Examiners a schedule of rates to be charged for occupancy of rooms at each veterans home in this State during the following fiscal year. The State Board of Examiners shall establish the schedule of rates. In setting the rates, the State Board of Examiners shall consider the recommendations of the Executive Director, but is not bound to follow the recommendations of the Executive Director.
κ2005 Statutes of Nevada, Page 532 (CHAPTER 160, AB 26)κ
3. The first veterans home that is established in this State must be established at a location in southern Nevada determined to be appropriate by the Interim Finance Committee. The Interim Finance Committee shall give preference to a site that is zoned appropriately for the establishment of a veterans home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans home. The site for the construction of the veterans home in southern Nevada must be:
(a) Located in reasonable proximity to:
(1) A public transportation system;
(2) Shopping centers; and
(3) A major hospital that has a center for the treatment of trauma which is designated as a level II center by the Administrator of the Health Division of the Department of Human Resources.
(b) Not less than 5 acres in area.
[3.] 4. If an additional veterans home is authorized, it must be established in northern Nevada.
Sec. 3. This act becomes effective on July 1, 2005.
________
Assembly Bill No. 40Assemblywoman Leslie
CHAPTER 161
AN ACT relating to health; requiring the licensure of community triage centers by the State Board of Health; making an appropriation; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
Community triage center means a facility that provides on a 24-hour basis medical assessments of and short-term monitoring services for mentally ill persons and abusers of alcohol or drugs in a manner which does not require that the assessments and services be provided in a licensed hospital.
Sec. 2. NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 449.0151 is hereby amended to read as follows:
449.0151 Medical facility includes:
1. A surgical center for ambulatory patients;
2. An obstetric center;
3. An independent center for emergency medical care;
4. An agency to provide nursing in the home;
5. A facility for intermediate care;
6. A facility for skilled nursing;
κ2005 Statutes of Nevada, Page 533 (CHAPTER 161, AB 40)κ
7. A facility for hospice care;
8. A hospital;
9. A psychiatric hospital;
10. A facility for the treatment of irreversible renal disease;
11. A rural clinic;
12. A nursing pool;
13. A facility for modified medical detoxification;
14. A facility for refractive laser surgery; [and]
15. A mobile unit [.] ; and
16. A community triage center.
Sec. 4. There is hereby appropriated from the State General Fund to the Division of Mental Health and Developmental Services of the Department of Human Resources the sum of $370,000 for the establishment of a mental health and substance abuse screening and stabilization component for a community triage center to be operated in Clark County.
Sec. 5. Any remaining balance of an appropriation made by section 4 of this act must not be committed for expenditure after June 30, 2005, and must be reverted to the State General Fund on or before September 16, 2005.
Sec. 6. 1. This section and sections 4 and 5 of this act become effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective upon passage and approval for the purpose of adopting regulations and on July 1, 2005, for all other purposes.
________
Senate Bill No. 77Committee on Judiciary
CHAPTER 162
AN ACT relating to domestic violence; authorizing a court to order a person convicted of domestic violence to participate in counseling sessions on a biweekly basis in certain circumstances; requiring the Court Administrator to submit reports to the Legislature concerning the effectiveness of court-ordered participation in programs for the treatment of persons who commit domestic violence; requiring the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources to report to the Legislature concerning certification of such programs in rural mental health clinics; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.485 is hereby amended to read as follows:
200.485 1. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
κ2005 Statutes of Nevada, Page 534 (CHAPTER 162, SB 77)κ
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
Κ The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
Κ The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) [For] Except as otherwise provided in this subsection, for the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
(b) [For] Except as otherwise provided in this subsection, for the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
Κ If the person resides more than 70 miles from the nearest location at which counseling services are available, the court may allow the person to participate in counseling sessions in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470 every other week for the number of months required pursuant to paragraph (a) or (b) so long as the number of hours of counseling is not less than 6 hours per month.
3. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
4. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.
κ2005 Statutes of Nevada, Page 535 (CHAPTER 162, SB 77)κ
fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.
5. In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Health Division of the Department of Human Resources.
6. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.
7. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.
8. As used in this section:
(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(b) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(c) Offense includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
Sec. 2. NRS 1.360 is hereby amended to read as follows:
1.360 Under the direction of the Supreme Court, the Court Administrator shall:
1. Examine the administrative procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this State and make recommendations, through the Chief Justice, for the improvement of those procedures;
2. Examine the condition of the dockets of the courts and determine the need for assistance by any court;
3. Make recommendations to and carry out the directions of the Chief Justice relating to the assignment of district judges where district courts are in need of assistance;
4. Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the State Court System and transmit that information to the Supreme Court so that proper action may be taken in respect thereto;
5. Prepare and submit a budget of state appropriations necessary for the maintenance and operation of the State Court System and make recommendations in respect thereto;
6. Develop procedures for accounting, internal auditing, procurement and disbursement for the State Court System;
κ2005 Statutes of Nevada, Page 536 (CHAPTER 162, SB 77)κ
7. Collect statistical and other data and make reports relating to the expenditure of all public money for the maintenance and operation of the State Court System and the offices connected therewith;
8. Compile statistics from the information required to be maintained by the clerks of the district courts pursuant to NRS 3.275 and make reports as to the cases filed in the district courts;
9. Formulate and submit to the Supreme Court recommendations of policies or proposed legislation for the improvement of the State Court System;
10. On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report compiling the information submitted to the Court Administrator pursuant to NRS 3.243, 4.175 and 5.045 during the immediately preceding fiscal year;
11. On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau a written report concerning:
(a) The distribution of money deposited in the special account created pursuant to NRS 176.0613 to assist with funding and establishing specialty court programs;
(b) The current status of any specialty court programs to which money from the account was allocated since the last report; and
(c) Such other related information as the Court Administrator deems appropriate;
12. On or before February 15 of each odd-numbered year, submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling the information submitted by clerks of courts to the Court Administrator pursuant to NRS 630.307 and 633.533 which includes only aggregate information for statistical purposes and excludes any identifying information related to a particular person; [and]
13. On or before February 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning the effectiveness of participation in counseling sessions in a program for the treatment of persons who commit domestic violence ordered by a court pursuant to NRS 200.485 and the effect of such counseling sessions on recidivism of the offenders who commit battery which constitutes domestic violence pursuant to NRS 33.018; and
14. Attend to such other matters as may be assigned by the Supreme Court or prescribed by law.
Sec. 3. The report submitted to the Legislature by the Court Administrator in 2007 and 2009 pursuant to subsection 13 of NRS 1.360, as amended by this act, must include information concerning the effectiveness of biweekly counseling sessions and the effect, if any, of participating in biweekly counseling sessions on recidivism of offenders.
Sec. 4. On or before February 15, 2009, the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources shall submit to the Director of the Legislative Counsel Bureau for transmittal to the 75th Session of the Nevada Legislature a written report concerning the efforts and progress made by the Division in certifying programs for the treatment of persons who commit domestic violence provided by rural mental health clinics.
κ2005 Statutes of Nevada, Page 537 (CHAPTER 162, SB 77)κ
Sec. 5. 1. This act becomes effective on July 1, 2005.
2. The amendatory provisions of section 1 of this act expire by limitation on June 30, 2009.
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Senate Bill No. 382Committee on Judiciary
CHAPTER 163
AN ACT relating to property; authorizing a fiduciary to transfer trust property to a corporation, limited-liability company or other entity formed by the fiduciary; authorizing such an entity that acts as a fiduciary or trustee to be owned or controlled by the trust under certain circumstances; extending the time within which a nonvested property interest must vest or terminate; and providing other matters properly relating thereto.
[Approved: May 26, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 162 is hereby amended by adding thereto a new section to read as follows:
1. A fiduciary may form a corporation, limited-liability company or other entity, and transfer, assign and convey to the corporation, limited-liability company or entity all or any part of an estate or of any trust property in exchange for the stock, securities or obligations of the corporation, limited-liability company or entity, and continue to hold the stock and securities and obligations.
2. A corporation, limited-liability company or other entity incorporated, organized or registered under the laws of this State that acts as a fiduciary or trustee of an estate or trust administered under the laws of this State may be owned or controlled by the trust if the trust instrument authorizes the trust to own an affiliate.
3. As used in this section, affiliate has the meaning ascribed to it in NRS 163.020.
Sec. 2. NRS 111.1031 is hereby amended to read as follows:
111.1031 1. A nonvested property interest is invalid unless:
(a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of a natural person then alive; or
(b) The interest either vests or terminates within [90] 150 years after its creation.
2. A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of a natural person then alive; or
(b) The condition precedent either is satisfied or becomes impossible to satisfy within [90] 150 years after its creation.
3. A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
κ2005 Statutes of Nevada, Page 538 (CHAPTER 163, SB 382)κ
(a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of a natural person then alive; or
(b) The power is irrevocably exercised or otherwise terminates within [90] 150 years after its creation.
4. In determining whether a nonvested property interest or a power of appointment is valid under paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, the possibility that a child will be born to a person after his or her death is disregarded.
5. If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of:
(a) The expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or
(b) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement,
Κ that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.
Sec. 3. NRS 111.1035 is hereby amended to read as follows:
111.1035 Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferors manifested plan of distribution and is within the [90] 150 years allowed by paragraph (b) of subsection 1, paragraph (b) of subsection 2 or paragraph (b) of subsection 3 of NRS 111.1031 if:
1. A nonvested property interest or a power of appointment becomes invalid under NRS 111.1031;
2. A class gift is not but might become invalid under NRS 111.1031 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
3. A nonvested property interest that is not validated by paragraph (a) of subsection 1 of NRS 111.1031 can vest but not within [90] 150 years after its creation.
________
κ2005 Statutes of Nevada, Page 539κ
Assembly Bill No. 547Committee on Transportation
CHAPTER 164
AN ACT relating to taxation; revising the formula for the distribution of revenue from a certain additional tax on certain motor vehicle fuel between a county and a city within that county; and providing other matters properly relating thereto.
[Approved: May 27, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 365.550 is hereby amended to read as follows:
365.550 1. Except as otherwise provided in subsection 2, the receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the Department to the counties using the following formula:
(a) Determine the average monthly amount each county received in the fiscal year ending on June 30, 2003, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2003;
(b) If the total amount to be allocated is greater than the average monthly amount all counties received in the fiscal year ending on June 30, 2003, determine for each county an amount from the total amount to be allocated using the following formula:
(1) Multiply the countys percentage share of the total state population by 2;
(2) Add the percentage determined pursuant to subparagraph (1) to the countys percentage share of total mileage of improved roads or streets maintained by the county or an incorporated city located within the county;
(3) Divide the sum of the percentages determined pursuant to subparagraph (2) by 3; and
(4) Multiply the total amount to be allocated by the percentage determined pursuant to subparagraph (3);
(c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a) and:
(1) Subtract the amount determined pursuant to paragraph (a) from the amount determined pursuant to paragraph (b); and
(2) Add the amounts determined pursuant to subparagraph (1) for all counties;
(d) Identify each county for which the amount determined pursuant to paragraph (b) is less than or equal to the amount allocated to the county pursuant to paragraph (a) and:
(1) Subtract the amount determined pursuant to paragraph (b) from the amount determined pursuant to paragraph (a); and
(2) Add the amounts determined pursuant to subparagraph (1) for all counties;
κ2005 Statutes of Nevada, Page 540 (CHAPTER 164, AB 547)κ
(e) Subtract the amount determined pursuant to subparagraph (2) of paragraph (d) from the amount determined pursuant to subparagraph (2) of paragraph (c);
(f) Divide the amount determined pursuant to subparagraph (1) of paragraph (c) for each county by the sum determined pursuant to subparagraph (2) of paragraph (c) for all counties to determine each countys percentage share of the sum determined pursuant to subparagraph (2) of paragraph (c); and
(g) In addition to the allocation made pursuant to paragraph (a), allocate to each county that is identified pursuant to paragraph (c) a percentage of the total amount determined pursuant to paragraph (e) that is equal to the percentage determined pursuant to paragraph (f).
2. At the end of each fiscal year, the Department shall:
(a) Determine the total amount to be allocated to all counties pursuant to subsection 1 for the current fiscal year; and
(b) Use the proceeds of the tax paid by a dealer, supplier or user for June of the current fiscal year to allocate to each county an amount determined pursuant to subsection 3.
3. If the total amount to be allocated to all the counties determined pursuant to paragraph (a) of subsection 2:
(a) Does not exceed the total amount that was received by all the counties for the fiscal year ending on June 30, 2003, the Department shall adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2003.
(b) Exceeds the total amount that was received by all counties for the fiscal year ending on June 30, 2003, the Department shall:
(1) Identify the total amount allocated to each county for the fiscal year ending on June 30, 2003, and the total amount for the current fiscal year determined pursuant to paragraph (a) of subsection 2;
(2) Apply the formula set forth in paragraph (b) of subsection 1 using the amounts in subparagraph (1), instead of the monthly amounts, to determine the total allocations to be made to the counties for the current fiscal year; and
(3) Adjust the final monthly allocation to be made to each county to ensure that the total allocations for the current fiscal year equal the amounts determined pursuant to subparagraph (2).
4. Of the money allocated to each county pursuant to the provisions of subsections 1, 2 and 3:
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration . [; and]
(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or , if there is at least one incorporated city in the county, allocated monthly by the Department to the county and [any incorporated cities] each incorporated city in the county [, if there is at least one incorporated city in the county, pursuant to] using, except as otherwise provided in paragraph (c), the following formula:
κ2005 Statutes of Nevada, Page 541 (CHAPTER 164, AB 547)κ
one incorporated city in the county, pursuant to] using, except as otherwise provided in paragraph (c), the following formula:
(1) Determine the average monthly amount the county and each incorporated city in the county received in the fiscal year ending on June 30, 2005, and allocate to the county and each incorporated city in the county that amount, or if the total amount to be allocated is less than that amount, allocate to the county and each incorporated city in the county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county or incorporated city, as applicable, in the fiscal year ending on June 30, 2005.
(2) If the total amount to be allocated is greater than the average monthly amount the county and all incorporated cities within the county received in the fiscal year ending on June 30, 2005, determine for the county and each incorporated city in the county an amount from the total amount to be allocated using the following formula:
(I) One-fourth in proportion to total area.
[(2)] (II) One-fourth in proportion to population.
[(3)] (III) One-fourth in proportion to [road mileage and street mileage of nonfederal aid primary roads.
(4)] the total mileage of improved roads and streets maintained by the county or incorporated city in the county, as applicable.
(IV) One-fourth in proportion to vehicle miles of travel on [nonfederal aid primary roads.] improved roads and streets maintained by the county or incorporated city in the county, as applicable.
Κ For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
(3) Identify whether the county or any incorporated city in the county had an amount determined pursuant to subparagraph (2) that was greater than the amount allocated to the county or incorporated city, as applicable, pursuant to subparagraph (1) and, if so:
(I) Subtract the amount determined pursuant to subparagraph (1) from the amount determined pursuant to subparagraph (2); and
(II) Add the amounts determined pursuant to sub-subparagraph (I) for the county and all incorporated cities in the county.
(4) Identify whether the county or any incorporated city in the county had an amount determined pursuant to subparagraph (2) that was less than or equal to the amount determined for the county or incorporated city, as applicable, pursuant to subparagraph (1) and, if so:
(I) Subtract the amount determined pursuant to subparagraph (2) from the amount determined pursuant to subparagraph (1); and
(II) Add the amounts determined pursuant to sub-subparagraph (I) for the county and all incorporated cities in the county.
(5) Subtract the amount determined pursuant to sub-subparagraph (II) of subparagraph (4) from the amount determined pursuant to sub-subparagraph (II) of subparagraph (3).
(6) Divide the amount determined pursuant to sub-subparagraph (I) of subparagraph (3) for the county and each incorporated city in the county by the sum determined pursuant to sub-subparagraph (II) of subparagraph (3) for the county and all incorporated cities in the county to determine the countys and each incorporated citys percentage share of the sum determined pursuant to sub-subparagraph (II) of subparagraph (3).
κ2005 Statutes of Nevada, Page 542 (CHAPTER 164, AB 547)κ
(7) In addition to the allocation made pursuant to subparagraph (1), allocate to the county and each incorporated city in the county that is identified pursuant to subparagraph (3) a percentage of the total amount determined pursuant to subparagraph (5) that is equal to the percentage determined pursuant to subparagraph (6).
(c) At the end of each fiscal year, the Department shall:
(1) Determine the total amount to be allocated to a county and each incorporated city within the county pursuant to paragraph (b) for the current fiscal year; and
(2) Use the amount equal to that part of the allocation which represents 2.35 cents per gallon of the proceeds of the tax paid by a dealer, supplier or user for June of the current fiscal year to allocate to a county and each incorporated city in the county an amount determined pursuant to paragraph (d).
(d) If the total amount to be allocated to a county and all incorporated cities in the county determined pursuant to subparagraph (1) of paragraph (c):
(1) Does not exceed the total amount that was received by the county and all the incorporated cities in the county for the fiscal year ending on June 30, 2005, the Department shall adjust the final monthly amount allocated to the county and each incorporated city in the county so that the county and each incorporated city is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county or incorporated city, as applicable, in the fiscal year ending on June 30, 2005.
(2) Exceeds the total amount that was received by the county and all incorporated cities in the county for the fiscal year ending on June 30, 2005, the Department shall:
(I) Identify the total amount allocated to the county and each incorporated city in the county for the fiscal year ending on June 30, 2005, and the total amount for the current fiscal year determined pursuant to subparagraph (1) of paragraph (c);
(II) Apply the formula set forth in subparagraph (2) of paragraph (b) using the amounts in sub-subparagraph (I), instead of the monthly amounts, to determine the total allocations to be made to the county and the incorporated cities in the county for the current fiscal year; and
(III) Adjust the final monthly allocation to be made to the county and each incorporated city in the county to ensure that the total allocations for the current fiscal year equal the amounts determined pursuant to sub-subparagraph (II).
5. The amount allocated to the counties and incorporated cities pursuant to subsections 1 to 4, inclusive, must be remitted monthly. The State Controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the State Treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.
6. The formula computations must be made as of July 1 of each year by the Department [,] of Motor Vehicles, based on estimates which must be furnished by the Department of Transportation and, if applicable, any adjustments to the estimates determined to be appropriate by the Committee pursuant to subsection 10.
κ2005 Statutes of Nevada, Page 543 (CHAPTER 164, AB 547)κ
pursuant to subsection 10. Except as otherwise provided in subsection 10, the determination made by the Department of Motor Vehicles is conclusive.
7. The Department of Transportation shall complete:
(a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.
(b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection 8 at least once every 10 years.
8. Each county and incorporated city shall, not later than March 1 of each year, submit a list to the Department of Transportation setting forth:
(a) Each improved road or street that is maintained by the county or city; and
(b) The beginning and ending points and the total mileage of each of those improved roads or streets.
Κ Each county and incorporated city shall, at least 10 days before the list is submitted to the Department of Transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.
9. If a county or incorporated city does not agree with the estimates prepared by the Department of Transportation pursuant to subsection 7, the county or incorporated city may request that the Committee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the Committee not later than October 15.
10. The Committee shall hold a public hearing and review any request it receives pursuant to subsection 9 and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 9. Any determination made by the Committee pursuant to this subsection is conclusive.
11. The Committee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities. Biennially, the Committee shall prepare a report concerning its findings and recommendations regarding that fiscal impact and submit the report on or before February 15 of each odd-numbered year to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Committees on Taxation of the Nevada Legislature for their review.
12. As used in this section:
(a) Committee means the Committee on Local Government Finance created pursuant to NRS 354.105.
(b) Construction, maintenance and repair includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:
(1) Grades and regrades;
(2) Graveling, oiling, surfacing, macadamizing and paving;
(3) Sweeping, cleaning and sanding roads and removing snow from a road;
(4) Crosswalks and sidewalks;
(5) Culverts, catch basins, drains, sewers and manholes;
(6) Inlets and outlets;
(7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;
κ2005 Statutes of Nevada, Page 544 (CHAPTER 164, AB 547)κ
(8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
(9) Rights-of-way;
(10) Grade and traffic separators;
(11) Fences, cattle guards and other devices to control access to a county or city road;
(12) Signs and devices for the control of traffic; and
(13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.
(c) Improved road or street means a road or street that is, at least:
(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and
(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.
(d) Total mileage of an improved road or street means the total mileage of the length of an improved road or street, without regard to the width of that road or street or the number of lanes it has for vehicular traffic.
Sec. 2. This act becomes effective on July 1, 2005.
________
Assembly Bill No. 70Assemblymen Kirkpatrick, McCleary, Sibley, Allen, Anderson, Arberry Jr., Atkinson, Conklin, Denis, Gansert, Giunchigliani, Goicoechea, Hardy, Hogan, Koivisto, McClain, Munford, Oceguera, Parks, Parnell, Pierce and Smith
Joint Sponsor: Senator Carlton
CHAPTER 165
AN ACT relating to school property; expressing the sense of the Legislature concerning the use of school buildings and facilities by groups and organizations that are not part of a school district; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
Whereas, Communities benefit when public schools are recognized and respected as focal points for intellectual, social and cultural development; and
Whereas, Public schools are public facilities and, to the extent possible, should serve the public in as many ways as possible; and
Whereas, There are groups and organizations in our communities whose goals and efforts complement the goals and efforts of public schools and are of direct benefit to pupils enrolled in public schools; and
Whereas, It is beneficial for school districts to help support, to the extent possible, such groups and organizations, which may include, without limitation:
1. Youth-oriented groups and organizations that serve the pupils enrolled in a public school and help promote the fundamental missions of a school district; and
2. Adult groups and organizations that foster relationships between parents and schools; and
κ2005 Statutes of Nevada, Page 545 (CHAPTER 165, AB 70)κ
Whereas, School districts may help support those groups and organizations by:
1. Allowing the use of public school buildings and facilities by those youth-oriented groups and organizations that serve the pupils of a public school and promote the fundamental missions of the school district; and
2. Providing those groups and organizations the opportunity to perform service projects, upon the mutual agreement of the school district and the group or organization, in lieu of paying a fee for such use; and
Whereas, It remains vital for the school districts in this State to preserve per-pupil allocations for the operation of the public schools and to ensure that those dollars are not expended in support of groups and organizations whose missions do not directly support public education; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Legislature hereby encourages the board of trustees of each school district in this State to adopt policies, or, if applicable, to revise existing policies and regulations, governing the use of school buildings and facilities by groups and organizations that are not part of the school district in a manner that will minimize costs to the school district as well as minimize costs to those groups and organizations that are dedicated to the furtherance and benefit of the mission of the school district.
2. The Legislature hereby recognizes that the boards of trustees of the school districts in this State have a vested interest in ensuring that the operations of the school district are consistent with the policies and regulations adopted by the board of trustees. Therefore, the Legislature hereby encourages the board of trustees of each school district to exercise such authority as is necessary to ensure that a policy or regulation adopted by the board of trustees concerning the use of school buildings and facilities by groups and organizations that are not part of the school district be applied as consistently as possible by all schools located in that school district.
Sec. 2. This act becomes effective on July 1, 2005.
________
κ2005 Statutes of Nevada, Page 546κ
Senate Bill No. 15Committee on Taxation
CHAPTER 166
AN ACT relating to taxation; authorizing the Nevada Tax Commission to compromise amounts owed by taxpayers under certain circumstances; requiring the Nevada Tax Commission to adopt regulations concerning such compromises; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Nevada Tax Commission may enter into a compromise with a taxpayer concerning the liability of the taxpayer for any tax, contribution, premium, fee, interest or penalty that the Department has determined the taxpayer is required to pay to the State if a majority of the members of the Nevada Tax Commission determine upon affirmative vote that:
(a) It is unlikely that the Department will be able to collect the entire amount of the liability of the taxpayer;
(b) The amount of the liability of the taxpayer is unclear; or
(c) Such a compromise is appropriate based upon considerations of equity and fairness.
2. The Nevada Tax Commission shall adopt regulations to carry out the provisions of this section.
3. As used in this section, compromise means acceptance of an amount that is less than the liability as full satisfaction of that liability.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 19Senator Rhoads
CHAPTER 167
AN ACT relating to elections; changing the name of the Northern Nevada Senatorial District to the Rural Nevada Senatorial District; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.05797 is hereby amended to read as follows:
218.05797 [Northern] Rural Nevada Senatorial District, apportioned one Senator, consists of:
1. Elko County, Eureka County, Humboldt County, Lander County, Lincoln County, Pershing County and White Pine County.
κ2005 Statutes of Nevada, Page 547 (CHAPTER 167, SB 19)κ
2. In Nye County, census voting districts 0010, 0015, 0020, 0025, 0030 and 0035.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 131Committee on Government Affairs
CHAPTER 168
AN ACT relating to mental health; increasing the number of members of the Commission on Mental Health and Developmental Services to include a current or former recipient of mental health services provided by the State; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.303 is hereby amended to read as follows:
232.303 1. There is hereby created in the Department a Commission on Mental Health and Developmental Services consisting of [eight] nine members appointed by the Governor, at least three of whom have training or experience in dealing with mental retardation.
2. The Governor shall appoint:
(a) A psychiatrist licensed to practice medicine in this State, from a list of three candidates submitted by the Nevada Psychiatric Association;
(b) A psychologist licensed to practice in this State and experienced in clinical practice, from a list of four candidates [,] submitted by the Nevada State Psychological Association, two of whom [are submitted by the Northern Nevada Association for Certified Psychologists] must be from northern Nevada and two of whom [are submitted by the Southern Society for Certified Psychologists;] must be from southern Nevada;
(c) A physician, other than a psychiatrist, licensed to practice medicine in this State and who has experience in dealing with mental retardation, from a list of three candidates submitted by the Nevada State Medical Association;
(d) A social worker who has a masters degree and has experience in dealing with mental illness or mental retardation, or both;
(e) A registered nurse licensed to practice in this State who has experience in dealing with mental illness or mental retardation, or both, from a list of three candidates submitted by the Nevada Nurses Association;
(f) A marriage and family therapist licensed to practice in this State, from a list of three candidates submitted by the Nevada Association for Marriage and Family Therapy;
(g) A current or former recipient of mental health services provided by the State or any agency thereof;
(h) A representative of the general public who has a special interest in the field of mental health; and
[(h)] (i) A representative of the general public who has a special interest in the field of mental retardation.
κ2005 Statutes of Nevada, Page 548 (CHAPTER 168, SB 131)κ
3. The Governor shall appoint the Chairman of the Commission from among its members.
4. After the initial terms, each member shall serve a term of 4 years. If a vacancy occurs during a members term, the Governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.
Sec. 2. As soon as practicable after October 1, 2005, the Governor shall appoint the member of the Commission on Mental Health and Developmental Services described in paragraph (g) of subsection 2 of NRS 232.303, as amended by this act, to an initial term of 2 years.
________
Senate Bill No. 443Committee on Judiciary
CHAPTER 169
AN ACT relating to the Department of Public Safety; eliminating the provision requiring the principal office of the Chief Parole and Probation Officer to be in Carson City; repealing the provisions relating to the Committee for Public Safety Telecommunications Operators; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.1092 is hereby amended to read as follows:
213.1092 1. The Director of the Department of Public Safety shall appoint the Chief Parole and Probation Officer, who is in the unclassified service of the State.
2. The Chief Parole and Probation Officer must:
(a) Be selected on the basis of his training, experience, capacity and interest in correctional services.
(b) Have had at least 5 years experience in correctional programs, of which at least 3 years were in a responsible administrative position.
[3. The principal office of the Chief Parole and Probation Officer must be in Carson City, Nevada.]
Sec. 2. NRS 480.200, 480.210 and 480.220 are hereby repealed.
Sec. 3. This act becomes effective on July 1, 2005.
________
κ2005 Statutes of Nevada, Page 549κ
Senate Bill No. 180Committee on Taxation
CHAPTER 170
AN ACT relating to taxation; increasing the amount of compensation a board of county commissioners is authorized to provide for certain members of the board of equalization; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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] its county who are not elected public officers as [they deem] it deems adequate for time actually spent on the work of the board of equalization.
κ2005 Statutes of Nevada, Page 550 (CHAPTER 170, SB 180)κ
equalization. In no event may the rate of compensation established by a board of county commissioners exceed [$40] $125 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 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. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 395Committee on Natural Resources
CHAPTER 171
AN ACT relating to public health; transferring responsibility for the operation of certain programs from the Health Division of the Department of Human Resources to the Division of Environmental Protection of the State Department of Conservation and Natural Resources; transferring regulatory authority for drinking water standards and community and public water systems to the State Environmental Commission; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444.650 is hereby amended to read as follows:
444.650 1. The State Board of Health shall adopt regulations to control the use of [an] a residential individual system for disposal of sewage in this State. Those regulations are effective except in health districts in which a district board of health has adopted regulations to control the use of [an] a residential individual system for disposal of sewage in that district.
2. A board which adopts such regulations shall consider and take into account the geological, hydrological and topographical characteristics of the area within its jurisdiction.
κ2005 Statutes of Nevada, Page 551 (CHAPTER 171, SB 395)κ
3. The regulations adopted pursuant to this section must not conflict with the provisions of NRS 445A.300 to 445A.730, inclusive, and any regulations adopted pursuant to those provisions.
4. As used in this section, residential individual system for disposal of sewage means an individual system for disposal of sewage from a parcel of land, including all structures thereon, that is zoned for single-family residential use.
Sec. 2. Chapter 445A of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.
Sec. 3. Commission means the State Environmental Commission.
Sec. 4. District board of health means a district board of health created pursuant to NRS 439.370.
Sec. 5. Division means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
Sec. 6. NRS 445A.805 is hereby amended to read as follows:
445A.805 As used in NRS 445A.800 to 445A.955, inclusive, and sections 3, 4 and 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.807 to 445A.850, inclusive, and sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 445A.855 is hereby amended to read as follows:
445A.855 The [State Board of Health] Commission shall adopt by regulation:
1. Primary drinking water standards which prescribe the maximum permissible levels for contaminants in any public water system and provide for the monitoring and reporting of water quality. In establishing the standards , the [Board] Commission shall consider, among other things, the standards established pursuant to the Federal Act.
2. Secondary drinking water standards which reasonably [insure] ensure that drinking water is aesthetically adequate.
Sec. 8. NRS 445A.860 is hereby amended to read as follows:
445A.860 In addition to the regulations required to be adopted pursuant to NRS 445A.880, the [State Board of Health:] Commission:
1. Shall adopt regulations establishing procedures for a system of permits to operate water systems which are constructed on or after July 1, 1991.
2. May adopt such other regulations as may be necessary to govern the construction, operation and maintenance of public water systems if those activities affect the quality of water, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada.
3. May establish by regulation a system for the issuance of operating permits for suppliers of water and set a reasonable date after which a person shall not operate a public water system constructed before July 1, 1991, without possessing a permit issued by [a health authority.] the Division or the appropriate district board of health.
4. May adopt such other regulations as may be necessary to ensure that a community water system or nontransient water system that commences operation on or after October 1, 1999, demonstrates the technical capability, managerial capability and financial capability to comply with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada or the authority of the Public Utilities Commission of Nevada or other state agencies or local governing bodies to issue permits or certificates of authority for suppliers of water.
κ2005 Statutes of Nevada, Page 552 (CHAPTER 171, SB 395)κ
Commission of Nevada or other state agencies or local governing bodies to issue permits or certificates of authority for suppliers of water.
5. May adopt such other regulations as may be necessary to evaluate the technical capability, managerial capability and financial capability of a community water system or nontransient water system that commenced operation before October 1, 1999, to comply with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada or the authority of the Public Utilities Commission of Nevada or other state agencies or local governing bodies to issue permits or certificates of authority for suppliers of water.
6. May adopt such other regulations as may be necessary to carry out the provisions of NRS 445A.800 to 445A.955, inclusive.
Sec. 9. NRS 445A.863 is hereby amended to read as follows:
445A.863 1. The [State Board of Health] Commission shall provide by regulation standards for the certification of laboratories for the analysis of water pursuant to NRS 445A.800 to 445A.955, inclusive. An analysis required pursuant to any provision of NRS 445A.800 to 445A.955, inclusive, or required by a lender as a condition precedent to the transfer of real property must be performed by a laboratory that is certified in accordance with the standards adopted by the [State Board of Health] Commission pursuant to this subsection.
2. The certifying officer shall conduct an evaluation at the site of each laboratory to determine whether the laboratory is using the methods of analysis required by this section in an acceptable manner, applying procedures required by regulation for the control of quality and making results available in a timely manner.
3. For analyses required pursuant to NRS 445A.800 to 445A.955, inclusive, or by a lender as a condition precedent to the transfer of real property, the methods used must comply with the Federal Act.
4. A laboratory may be certified to perform analyses for the presence of one or more specified contaminants [,] or to perform all analyses required pursuant to NRS 445A.800 to 445A.955, inclusive.
Sec. 10. NRS 445A.865 is hereby amended to read as follows:
445A.865 To carry out the provisions and purposes of NRS 445A.800 to 445A.955, inclusive, the [State Board of Health] Commission may:
1. Through the [State Health Officer and the] Administrator of the [Health] Division:
(a) Enter into agreements, contracts or cooperative arrangements with other state agencies, federal or interstate agencies, municipalities, local health departments, educational institutions or other organizations or persons.
(b) Accept financial and technical assistance from the Federal Government, other public agencies or private contributors.
2. Hold hearings and issue subpoenas requiring the attendance of witnesses and the production of evidence.
Sec. 11. NRS 445A.870 is hereby amended to read as follows:
445A.870 1. The [State Board of Health] Commission may appoint an Advisory Board to act in an advisory capacity in matters relating to the certification of operators of community water systems or noncommunity water systems.
2. If such an Advisory Board is appointed:
κ2005 Statutes of Nevada, Page 553 (CHAPTER 171, SB 395)κ
(a) At least one member of the Advisory Board must be a member of the American Water Works Association.
(b) At least one member of the Advisory Board must be a member of the Nevada Rural Water Association or its successor organization.
(c) One member of the Advisory Board may represent the general public.
3. Each member of the Advisory Board serves without compensation. While engaged in the business of the Advisory Board, each member of the Advisory Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, to the extent that money is made available for that purpose.
Sec. 12. NRS 445A.875 is hereby amended to read as follows:
445A.875 1. Except as otherwise provided in subsection 2, a person shall not act as an operator of a community water system or noncommunity water system unless he has obtained a certificate to operate such a water system from the [Health] Division.
2. An operator of a transient water system is not required to obtain a certificate to operate a noncommunity water system if the system is designated by the [Health] Division as being supplied by ground water that is not under the direct influence of surface water.
3. An operator may be certified to operate more than one community water system or noncommunity water system.
4. This section does not require a certified operator to be on site at a community water system or noncommunity water system during all hours of operation.
Sec. 13. NRS 445A.880 is hereby amended to read as follows:
445A.880 1. The [State Board of Health] Commission shall adopt regulations to establish:
(a) A system of classification of operators of community water systems and noncommunity water systems who are required to be certified pursuant to NRS 445A.875;
(b) Requirements for certification for each class of operator;
(c) Reasonable fees for issuing and renewing certificates; and
(d) Requirements for continuing education for the renewal of a certificate.
2. The fees so collected must only be used to:
(a) Defray the cost of issuing and renewing certificates; and
(b) Pay any expenses incurred by the [Health] Division in carrying out its duties relating to operators of community water systems and noncommunity water systems.
3. The [Health] Division shall establish and administer examinations to determine the eligibility of any person who applies for certification. An applicant is entitled to certification upon satisfaction of the requirements of the [State Board of Health] Commission and payment of the applicable fee. The [Health] Division may enter into a contract with the American Water Works Association or another person, organization or agency to carry out or assist the [Health] Division in carrying out the provisions of this subsection.
4. The [Health] Division may grant such certification, without examination, to an applicant who holds current certification by the California/Nevada section of the American Water Works Association or by another organization whose requirements for certification are equivalent to the requirements for certification established by the [State Board of Health] Commission pursuant to subsection 1.
κ2005 Statutes of Nevada, Page 554 (CHAPTER 171, SB 395)κ
Sec. 14. NRS 445A.885 is hereby amended to read as follows:
445A.885 1. Except as otherwise provided in subsection 2, no water system which is constructed on or after July 1, 1991, may operate unless the owner of the water system receives a permit to operate the water system from the [State Board of Health or health authority] Division or the district board of health designated by the [State Board of Health.] Commission. The owner of such a water system is entitled to a permit to operate the water system upon satisfaction of the requirements set forth in NRS 445A.885 to 445A.915, inclusive, and the requirements set forth in the regulations adopted by the [State Board of Health] Commission pursuant to NRS 445A.860.
2. Subsection 1 does not apply to the expansion of a public utility.
Sec. 15. NRS 445A.890 is hereby amended to read as follows:
445A.890 Before making the finding specified in NRS 445A.910 and before making the determinations specified in NRS 244.3655, 268.4102 and 445A.895, the [State Board of Health] Division shall request comments from the:
1. Public Utilities Commission of Nevada;
2. State Engineer;
3. Local government within whose jurisdiction the water system is located; and
4. Owner of the water system.
Sec. 16. NRS 445A.895 is hereby amended to read as follows:
445A.895 A permit to operate a water system may not be issued pursuant to NRS 445A.885 unless all of the following conditions are met:
1. Neither water provided by a public utility nor water provided by a municipality or other public entity is available to the persons to be served by the water system.
2. The applicant fully complies with all of the conditions of NRS 445A.885 to 445A.915, inclusive.
3. The applicant submits to the [State Board of Health] Division or the district board of health [authority] designated by the [State Board of Health] Commission documentation issued by the State Engineer which sets forth that the applicant holds water rights that are sufficient to operate the water system.
4. The local governing body assumes:
(a) Responsibility in case of default by the builder or developer of the water system for its continued operation and maintenance in accordance with all the terms and conditions of the permit.
(b) The duty of assessing the lands served as provided in subsection 6.
5. The applicant furnishes the local governing body sufficient surety , in the form of a bond, certificate of deposit, investment certificate or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system:
(a) For 5 years following the date the system is placed in operation; or
(b) Until 75 percent of the lots or parcels served by the system are sold,
Κ whichever is later.
6. The owners of the lands to be served by the water system record a declaration of covenants, conditions and restrictions [,] which is an equitable servitude running with the land and which must provide that each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of continued operation and maintenance of the water system if there is a default by the applicant or operator of the water system and a sufficient surety, as provided in subsection 5, is not available.
κ2005 Statutes of Nevada, Page 555 (CHAPTER 171, SB 395)κ
if there is a default by the applicant or operator of the water system and a sufficient surety, as provided in subsection 5, is not available.
7. If the water system uses or stores ozone, the portion of the system where ozone is used or stored must be constructed not less than 100 feet from any existing residence, unless the owner and occupant of each residence located closer than 100 feet consent to the construction of the system at a closer distance.
8. The declaration of covenants, conditions and restrictions recorded by the owners of the lands further provides that if the [State Board of Health] Division determines that:
(a) The water system is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity is reasonably available,
Κ the local governing body may, pursuant to NRS 244.3655 or 268.4102, require all users of the water system to connect into the available water system provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the Public Utilities Commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A.900.
9. Provision has been made for disposition of the water system and the land on which it is situated after the local governing body requires all users to connect into an available water system provided by a public utility or a municipality or other public entity.
Sec. 17. NRS 445A.910 is hereby amended to read as follows:
445A.910 1. If the [State Board of Health] Division has found that any of the conditions of a permit to operate a water system issued pursuant to NRS 445A.885 are being violated and has notified the holder of the permit that he must bring the water system into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the local governing body, if requested to do so in writing by the [State Board of Health,] Division, may take the following actions independently of any further action by the [State Board of Health:] Division:
(a) Give written notice, by certified mail, to the owner of the water system and the owners of the property served by the system that if the violation is not corrected within 30 days after the date of the notice, the local governing body will seek a court order authorizing it to assume control; and
(b) After the 30-day period has expired, if the water system has not been brought into compliance, apply to the district court for an order authorizing the local governing body to assume control of the system and assess the property for the continued operation and maintenance of the system as provided in subsection 6 of NRS 445A.895.
2. If the local governing body determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a water system without complying with any of the requirements set forth in subsection 1. The local governing body may not maintain control of a water system pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.
κ2005 Statutes of Nevada, Page 556 (CHAPTER 171, SB 395)κ
Sec. 18. NRS 445A.920 is hereby amended to read as follows:
445A.920 1. Except as otherwise provided in subsection 2, plans and specifications for any substantial addition to or alteration of a public water system subject to a regulation of the [State Board of Health shall] Commission must be submitted to the Division or the appropriate district board of health [authority] for review and approval.
2. A public water system is not required to submit any plans and specifications if the addition or alteration complies with standards previously approved by [a health authority.] the Division or the appropriate district board of health.
3. In approving the plans and specifications, the Division or the appropriate district board of health [authority] may require such modifications or impose such conditions as are necessary to carry out the provisions of NRS 445A.800 to 445A.955, inclusive.
Sec. 19. NRS 445A.925 is hereby amended to read as follows:
445A.925 1. The [State Health Officer] Division and the district boards of health [authorities] shall:
(a) Enforce the provisions of NRS 445A.800 to 445A.955, inclusive, and regulations adopted pursuant thereto; and
(b) Make such investigations and inspections as are necessary to ensure compliance with those sections and regulations.
2. Any representative of [a health authority] the Division or the appropriate district board of health may enter the property of any public water system at any reasonable time for the purpose of inspecting and investigating the adequacy and sanitary condition of the system and the quality of its water.
3. Except in an emergency, [a health authority] the Division or the appropriate district board of health shall notify and permit the supplier of water to be present when an inspection or investigation is being conducted.
Sec. 20. NRS 445A.930 is hereby amended to read as follows:
445A.930 1. An imminent hazard exists if the [State Health Officer,] Division, after consulting with the district board of health [authority] and the supplier of water, determines that a contaminant is or will be found in a public water system and the contaminant is a serious risk to public health.
2. To eliminate an imminent hazard, the [State Health Officer] Division may issue an emergency order requiring the supplier of water immediately to take action necessary to protect the public health. An emergency order may require that a supplier of water cease distributing the water.
3. Such an emergency order is effective immediately and is not subject to review unless the supplier to whom the order is issued, within 30 days after the date the order is served, petitions for a hearing before the [State Board of Health.] Division.
4. Whenever conditions of a public water system are such as to require immediate action to protect the public health, the [State Health Officer] Division may issue public warnings in such manner as [he] the Division determines to be suitable.
Sec. 21. NRS 445A.935 is hereby amended to read as follows:
445A.935 1. A supplier of water may apply to the [State Board of Health] Commission for a variance or exemption from the [Boards regulations. The Board] regulations of the Commission. The Commission may grant variances or exemptions after notice and public hearing.
κ2005 Statutes of Nevada, Page 557 (CHAPTER 171, SB 395)κ
2. A supplier of water shall notify all users of the water system as soon as the [Board] Commission has scheduled a time and place for the public hearing on the application for a variance or exemption.
3. The Public Utilities Commission of Nevada may participate in the hearing.
Sec. 22. NRS 445A.940 is hereby amended to read as follows:
445A.940 1. A supplier of water shall immediately notify the Division or the appropriate [local board or boards] district board of health and the users of the suppliers public water system whenever:
(a) The system is not in compliance with the primary drinking water standards;
(b) The supplier fails to perform any required monitoring of water quality;
(c) The supplier has been granted a variance or exemption by the [State Board of Health;] Commission; or
(d) The supplier fails to comply with the conditions imposed by the [State Board of Health] Commission in granting the variance or exemption.
2. The notification [shall] must be in the form and manner prescribed by the [State Board of Health.] Division.
Sec. 23. NRS 445A.945 is hereby amended to read as follows:
445A.945 1. [A health authority] The Division or the appropriate district board of health may apply to a court of competent jurisdiction to enjoin the continuance or occurrence of any act or practice which violates the provisions of NRS 445A.800 to 445A.955, inclusive, or of any regulation adopted or order issued pursuant thereto.
2. On a showing by the Division or the district board of health [authority] that such a violation has occurred or will occur, the court may issue, without bond, such prohibitory or mandatory injunction as the facts may warrant.
Sec. 24. NRS 445A.950 is hereby amended to read as follows:
445A.950 1. Any supplier of water who:
(a) Violates any standard established pursuant to NRS 445A.855;
(b) Violates or fails to comply with an emergency order issued pursuant to NRS 445A.930;
(c) Violates any condition imposed by the [State Board of Health] Commission upon granting a variance or exemption under NRS 445A.935;
(d) Violates a regulation adopted by the [State Board of Health] Commission pursuant to NRS 445A.860; or
(e) Fails to give a notice as required by NRS 445A.940,
Κ is liable for a civil penalty, to be recovered by the Attorney General in the name of the [Health] Division, of not more than $5,000 for each day of the violation.
2. In addition to the civil penalty prescribed in subsection 1, the [State Board of Health] Division may impose an administrative fine against a supplier of water who commits any violation enumerated in subsection 1. The administrative fine imposed may not be more than $2,500 per day for each such violation.
3. The civil penalty and administrative fine prescribed in this section may be imposed in addition to any other penalties or relief prescribed in NRS 445A.800 to 445A.955, inclusive.
κ2005 Statutes of Nevada, Page 558 (CHAPTER 171, SB 395)κ
Sec. 25. NRS 445A.955 is hereby amended to read as follows:
445A.955 Any person who violates the provisions of NRS 445A.800 to 445A.955, inclusive, or any regulation adopted by the [State Board of Health] Commission pursuant to those provisions is guilty of a misdemeanor. Each day of violation constitutes a separate offense.
Sec. 26. NRS 118B.077 is hereby amended to read as follows:
118B.077 1. The landlord of a manufactured home park shall post in a conspicuous and readily accessible place in the community or recreational facility in the manufactured home park, at or near the entrance of the manufactured home park or other common area in the manufactured home park, a current report on the quality of the water that is supplied to the manufactured home park.
2. Except as otherwise provided in subsection 3, the report must be obtained from the community water system that is the supplier of water to the manufactured home park. Except as otherwise provided in subsection 4, the landlord shall post the report at least once each year and at such other times as the community water system may provide an updated report to the landlord.
3. If a manufactured home park is not a community water system and does not otherwise obtain water from a community water system, the landlord of the manufactured home park shall annually cause the water that is provided to the tenants of the manufactured home park to be tested in accordance with the standards adopted pursuant to NRS 445A.855. The test must be performed by a laboratory certified by the [Health Division of the Department of Human Resources] State Environmental Commission pursuant to NRS 445A.863.
4. Upon receipt of the results of a test performed pursuant to subsection 3, the landlord shall prepare or cause to be prepared a report on the quality of the water that is supplied to the tenants of the manufactured home park. The report must be accurately based upon the results of the test and prepared in accordance with the standards adopted by the State [Board of Health] Environmental Commission pursuant to NRS 445A.855 for similar reports by community water systems. The landlord shall post a copy of the most current report in accordance with subsection 1 and shall deliver a copy of each such report to the [Health Division of the Department of Human Resources or the health authority as that term is defined in NRS 445A.820.] State Environmental Commission.
5. As used in this section, community water system has the meaning ascribed to it in NRS 445A.808.
Sec. 27. NRS 244.3655 is hereby amended to read as follows:
244.3655 1. If the State [Board of Health] Environmental Commission determines that:
(a) A water system which is located in a county and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity is reasonably available to those users,
Κ the board of county commissioners of that county may require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the Public Utilities Commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS [445A.905.]
κ2005 Statutes of Nevada, Page 559 (CHAPTER 171, SB 395)κ
determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS [445A.905.] 445A.900.
2. As used in this section, water system has the meaning ascribed to it in NRS 445A.850.
Sec. 28. NRS 244A.503 is hereby amended to read as follows:
244A.503 1. Before the State acting through the board, or the county, prepares or causes to be prepared plans, specifications or other documents for the construction, other acquisition, improvement or equipment of any work or other real property for the facilities of the State or the county except repairs, major renewals and major replacements, the State or the county shall submit preliminary plans to:
(a) The Division of Environmental Protection of the State Department of Conservation and Natural Resources;
(b) The county board of health; and
(c) The county regional planning body,
Κ for approval of the type, scope and location of the proposed work or other real property for the facilities.
2. Each such agency may require the State or the county to submit additional information to the agency pertaining to any such request for such approval and may require modifications to such plans as a condition of the agencys approval.
3. Upon the receipt of each agencys approval in writing of such plans, the State or the county may prepare or cause to be prepared plans, specifications or other [instruments or] documents for the construction, other acquisition, improvement or equipment of such works or property in conformance with such approval.
4. The county board of health shall not require any modification with which the [Health Division of the Department of Human Resources] State Environmental Commission does not concur.
Sec. 29. NRS 268.4102 is hereby amended to read as follows:
268.4102 1. If the State [Board of Health] Environmental Commission determines that:
(a) A water system which is located within the boundaries of a city and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity is reasonably available to those users,
Κ the governing body of that city may require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the Public Utilities Commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A.900.
2. As used in this section, water system has the meaning ascribed to it in NRS 445A.850.
Sec. 30. NRS 278.335 is hereby amended to read as follows:
278.335 1. A copy of the tentative map must be forwarded by the planning commission or its designated representative, or [,] if there is no planning commission, the clerk or other designated representative of the governing body, to the Division of Water Resources and the Division of Environmental Protection of the State Department of Conservation and Natural Resources, [and the Health Division of the Department of Human Resources] or the district board of health acting for the [Health] Division of Environmental Protection pursuant to subsection 2, for review.
κ2005 Statutes of Nevada, Page 560 (CHAPTER 171, SB 395)κ
Natural Resources, [and the Health Division of the Department of Human Resources] or the district board of health acting for the [Health] Division of Environmental Protection pursuant to subsection 2, for review.
2. In a county whose population is 100,000 or more, if the county and one or more incorporated cities in the county have established a district board of health, the authority of the [Health] Division of Environmental Protection to review and certify proposed subdivisions and to conduct construction or installation inspections must be exercised by the district board of health.
3. A district board of health which conducts reviews and inspections under this section shall consider all the requirements of the law concerning sewage disposal, water pollution, water quality and water supply facilities. At least four times annually, the district board of health shall notify the [Health] Division of [the Department of Human Resources] Environmental Protection which subdivisions met these requirements of law and have been certified by the district board of health.
4. The State is not chargeable with any expense incurred by a district board of health acting pursuant to this section.
5. Each reviewing agency shall, within 15 days after the receipt of the tentative map, file its written comments with the planning commission or the governing body recommending approval, conditional approval or disapproval and stating the reasons therefor.
6. The planning commission or its designated representative, or [,] if there is no planning commission, the clerk or other designated representative of the governing body , shall, for informational purposes only, immediately forward a copy of the tentative map to the Public Utilities Commission of Nevada for any subdivision which will provide water or services for the disposal of sewage and is subject to the provisions of NRS 704.6672. The Public Utilities Commission of Nevada shall acknowledge receipt of the tentative map within 15 days after it is received.
Sec. 31. NRS 278.377 is hereby amended to read as follows:
278.377 1. A final map presented for filing must include a certificate by:
(a) The [Health] Division of Environmental Protection of the State Department of [Human] Conservation and Natural Resources or the district board of health acting pursuant to NRS 278.335 indicating that the final map is approved concerning sewage disposal, water pollution, water quality and water supply facilities. The [Health Division or] district board of health may not issue a certificate unless it has received written verification from the Division of Environmental Protection [of the State Department of Conservation and Natural Resources] that the map or plan has been approved with regard to water pollution and sewage disposal in accordance with the Nevada Water Pollution Control Law.
(b) The Division of Water Resources of the State Department of Conservation and Natural Resources, showing that the final map is approved concerning water quantity.
2. Any person aggrieved by the issuance or denial of approval with regard to water pollution and sewage disposal by the Division of Environmental Protection [of the State Department of Conservation and Natural Resources] may appeal to the State Environmental Commission, which shall affirm, modify or reverse the action of the Division [.] of Environmental Protection. The State Environmental Commission shall adopt regulations providing the time within which appeals must be taken and the manner of taking the appeal to the State Environmental Commission.
κ2005 Statutes of Nevada, Page 561 (CHAPTER 171, SB 395)κ
adopt regulations providing the time within which appeals must be taken and the manner of taking the appeal to the State Environmental Commission.
3. A copy of the certificate by the Division of Water Resources required by subsection 1 must be furnished to the subdivider who in turn shall provide a copy of the certificate to each purchaser of land before the time the sale is completed. Any statement of approval as required in subsection 1 is not a warranty or representation in favor of any person as to the safety or quantity of such water.
Sec. 32. NRS 349.957 is hereby amended to read as follows:
349.957 1. The Board for Financing Water Projects is hereby created. The Board consists of one ex officio member and five members appointed by the Governor.
2. The Governor shall appoint to the Board:
(a) One member who is a representative of the county with the largest population in the State;
(b) One member who is a representative of the county with the second largest population in the State; and
(c) Three members who are representatives of counties in the State whose populations are less than 100,000,
Κ of whom one member is knowledgeable in the field of municipal finance and the remaining members are knowledgeable in the fields of planning and the development and reclamation of water resources.
3. The Administrator of the [Health Division of the State Department of Human Resources,] Division of Environmental Protection of the State Department of Conservation and Natural Resources, or a person he designates, shall serve ex officio as a nonvoting member of the Board.
4. Not more than three voting members of the Board may be members of the same political party , and not more than two may be residents of the same county.
Sec. 33. NRS 349.961 is hereby amended to read as follows:
349.961 1. When any municipality or other obligor desires to undertake a water project , it may present its preliminary plan to the Board for approval. If the proposed water project affects drinking water, the Board shall request that the Administrator of the [Health Division of the Department of Human Resources to] Division of Environmental Protection of the State Department of Conservation and Natural Resources submit comments and recommendations regarding the project. The Board shall analyze the potential yield of the water project, and may tentatively approve it if it will preserve or increase the water available for beneficial use in this State.
2. If the Board, after a public hearing on the issue, tentatively approves the water project, the municipality or other obligor may proceed to prepare a final plan and submit it for final approval. If the Board finally approves the water project, the cost of the final plan may be included in the cost of the water project. If the Board does not finally approve the water project, the Director may, within the limits of money available for this purpose in the Account for the Financing of Water Projects, reimburse a municipality for the costs incurred after the tentative approval.
Sec. 34. NRS 349.981 is hereby amended to read as follows:
349.981 1. There is hereby established a program to provide grants of money to:
κ2005 Statutes of Nevada, Page 562 (CHAPTER 171, SB 395)κ
(a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the State [Board of Health] Environmental Commission pursuant to NRS 445A.800 to 445A.955, inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.
(b) An eligible recipient to pay for the cost of improvements to conserve water, including, without limitation:
(1) Piping or lining of an irrigation canal;
(2) Recovery or recycling of wastewater or tailwater;
(3) Scheduling of irrigation;
(4) Measurement or metering of the use of water;
(5) Improving the efficiency of irrigation operations; and
(6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.
(c) An eligible recipient, to pay the following costs associated with connecting a domestic well or a well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the State Engineer pursuant to NRS 534.120 as an area where the ground water basin is being depleted:
(1) Any local or regional fee for connection to the municipal water system.
(2) The cost of any capital improvement that is required to comply with a decision or regulation of the State Engineer.
(d) An eligible recipient, to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection requires the individual sewage disposal system to be abandoned and the property upon which the individual sewage disposal system was located to be connected to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:
(1) Any local or regional fee for connection to the community sewage disposal system.
(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.
2. Except as otherwise provided in NRS 349.983, the determination of who is to receive a grant is solely within the discretion of the Board.
3. As used in this section, eligible recipient means a political subdivision of this State, including, without limitation, a city, county, unincorporated town, water authority, conservation district, irrigation district, water district or water conservancy district.
Sec. 35. NRS 445A.820 and 445A.825 are hereby repealed.
Sec. 36. 1. Notwithstanding the amendatory provisions of sections 7, 8, 9 and 13 of this act transferring authority to adopt regulations from the State Board of Health to the State Environmental Commission, any regulations adopted by the State Board of Health pursuant to NRS 445A.855, 445A.860, 445A.863 and 445A.880 before October 1, 2005, shall be deemed to have been adopted by, and may be enforced and amended by, the State Environmental Commission.
κ2005 Statutes of Nevada, Page 563 (CHAPTER 171, SB 395)κ
to have been adopted by, and may be enforced and amended by, the State Environmental Commission.
2. Notwithstanding the amendatory provisions of section 10 of this act transferring authority to enter into agreements, contracts or cooperative arrangements from the State Board of Health to the State Environmental Commission, any agreement, contract or cooperative arrangement entered into by the State Board of Health pursuant to NRS 445A.865 before October 1, 2005, is binding upon the State Environmental Commission. The State Environmental Commission may enforce any such agreement, contract or cooperative arrangement.
3. Notwithstanding the amendatory provisions of section 11 of this act transferring authority to appoint an Advisory Board from the State Board of Health to the State Environmental Commission, an Advisory Board appointed by the State Board of Health pursuant to NRS 445A.870 before October 1, 2005, remains in existence and may advise the State Environmental Commission on matters relating to the certification of operators of community water systems or noncommunity water systems until such time as the Advisory Board is replaced by the State Environmental Commission.
4. Notwithstanding the amendatory provisions of sections 12 and 13 of this act transferring authority to grant certificates and certifications from the Health Division of the Department of Human Resources to the Division of Environmental Protection of the State Department of Conservation and Natural Resources, any certificate or certification granted by the Health Division pursuant to NRS 445A.875 or 445A.880 before October 1, 2005, shall be deemed to have been granted by the Division of Environmental Protection.
5. The State Controller shall transfer to an account for the use of the Division of Environmental Protection of the State Department of Conservation and Natural Resources pursuant to NRS 445A.880, as amended by this act, all money collected as fees pursuant to paragraph (c) of subsection 1 of NRS 445A.880 that has not been committed for expenditure on October 1, 2005.
6. Notwithstanding the amendatory provisions of section 13 of this act transferring authority to enter into contracts from the Health Division of the Department of Human Resources to the Division of Environmental Protection of the State Department of Conservation and Natural Resources, any contract or other agreement entered into by the Health Division pursuant to NRS 445A.880 before October 1, 2005, is binding upon and may be enforced by the Division of Environmental Protection.
7. Notwithstanding the amendatory provisions of section 14 of this act transferring authority to issue permits to operate water systems from the State Board of Health to the Division of Environmental Protection of the State Department of Conservation and Natural Resources, any permit to operate a water system issued by the State Board of Health or a health authority pursuant to NRS 445A.885 before October 1, 2005, shall be deemed to have been issued by the Division of Environmental Protection or the appropriate district board of health designated by the State Environmental Commission.
8. Any reference to the State Board of Health in a declaration of covenants, conditions and restrictions described in subsection 8 of NRS 445A.895, as amended by this act, that is recorded before October 1, 2005, shall be deemed to be a reference to the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
κ2005 Statutes of Nevada, Page 564 (CHAPTER 171, SB 395)κ
shall be deemed to be a reference to the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
9. Notwithstanding the amendatory provisions of section 17 of this act transferring authority to issue notices of noncompliance from the State Board of Health to the Division of Environmental Protection of the State Department of Conservation and Natural Resources, any notice to an operator of a water system issued by the State Board of Health pursuant to NRS 445A.910 before October 1, 2005, shall be deemed to have been issued by the Division of Environmental Protection.
10. Notwithstanding the amendatory provisions of section 17 of this act transferring authority to issue to a local governing body a written request to act from the State Board of Health to the Division of Environmental Protection of the State Department of Conservation and Natural Resources, any written request issued to a local governing body by the State Board of Health pursuant to NRS 445A.910 before October 1, 2005, shall be deemed a proper basis for the appropriate local governing body to take any action authorized by NRS 445A.910.
11. Notwithstanding the amendatory provisions of section 18 of this act transferring authority to review and approve plans and specifications for any substantial addition to or alteration of a public water system subject to regulation by the State Environmental Commission from the health authorities to the Division of Environmental Protection of the State Department of Conservation and Natural Resources and appropriate district boards of health, standards previously approved by any health authority pursuant to NRS 445A.920 before October 1, 2005, remain in effect and a public water system which contemplates an addition or alteration that complies with those standards is not required to submit any plans and specifications to the Division of Environmental Protection or any district board of health for review.
12. Notwithstanding the amendatory provisions of section 20 of this act transferring authority to issue an emergency order or public warning from the State Health Officer to the Division of Environmental Protection of the State Department of Conservation and Natural Resources, any emergency order or public warning issued by the State Health Officer pursuant to NRS 445A.930 before October 1, 2005, remains in effect and may be enforced by the Division of Environmental Protection.
13. Notwithstanding the amendatory provisions of section 21 of this act transferring authority to grant a variance or exemption from the State Board of Health to the State Environmental Commission, any variance or exemption granted by the State Board of Health pursuant to NRS 445A.935 before October 1, 2005, remains in effect unless modified or revoked by the State Environmental Commission.
14. Notwithstanding the amendatory provisions of section 22 of this act requiring a supplier of water to notify the Division of Environmental Protection of the State Department of Conservation and Natural Resources or the appropriate district board of health upon the occurrence of certain events, any notification of a local board or board of health made by a supplier of water pursuant to NRS 445A.940 before October 1, 2005, shall be deemed to be notification of the Division of Environmental Protection.
15. Notwithstanding the amendatory provisions of section 24 of this act providing that the Attorney General may recover a civil penalty in the name of the Division of Environmental Protection of the State Department of Conservation and Natural Resources for any violation enumerated in NRS 445A.950, the Attorney General may recover a civil penalty in the name of the Health Division of the Department of Human Resources for any violation of NRS 445A.950 that occurs before October 1, 2005.
κ2005 Statutes of Nevada, Page 565 (CHAPTER 171, SB 395)κ
Conservation and Natural Resources for any violation enumerated in NRS 445A.950, the Attorney General may recover a civil penalty in the name of the Health Division of the Department of Human Resources for any violation of NRS 445A.950 that occurs before October 1, 2005.
________
Senate Bill No. 424Committee on Government Affairs
CHAPTER 172
AN ACT relating to cities; revising the provision governing the authority of a governing body of a city to abate an abandoned nuisance; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.4126 is hereby amended to read as follows:
268.4126 1. The governing body of each city which is located in a county whose population is 100,000 or more may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to seek:
(a) The abatement of an abandoned nuisance that is located or occurring within the city;
(b) The repair, safeguarding or demolition of any structure or property where an abandoned nuisance is located or occurring within the city;
(c) Authorization for the city to take the actions described in paragraphs (a) and (b);
(d) Civil penalties against an owner of any structure or property where an abandoned nuisance is located or occurring within the city; and
(e) Any other appropriate relief.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent notice, by certified mail, return receipt requested, by a person authorized by the city to issue a citation, of the existence on his property of [three] two or more abandoned nuisance activities and the date by which he must abate the abandoned nuisance to prevent the matter from being submitted to the city attorney for legal action; and
(2) Afforded an opportunity for a hearing before a court of competent jurisdiction.
(b) Provide that the date specified in the notice by which the owner must abate the abandoned nuisance is tolled for the period during which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the city will, if the owner fails to abate the abandoned nuisance, recover money expended for labor and materials used to:
(1) Abate the abandoned nuisance on the property; or
(2) If applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring.
κ2005 Statutes of Nevada, Page 566 (CHAPTER 172, SB 424)κ
3. If the court finds that an abandoned nuisance exists, the court shall order the owner of the property to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring, and may:
(a) If applicable, order the owner of the property to pay reasonable expenses for the relocation of any tenants who occupy the property legally and who are affected by the abandoned nuisance;
(b) If the owner of the property fails to comply with the order:
(1) Direct the city to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring; and
(2) Order the owner of the property to pay the city for the cost incurred by the city in taking the actions described in subparagraph (1); and
(c) Order any other appropriate relief.
4. In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the abandoned nuisance, the governing body of the city may make the expense a special assessment against the property upon which the abandoned nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.
5. As used in this section:
(a) An abandoned nuisance exists on any property where a building or other structure is located on the property, the property is located in a city that is in a county whose population is 100,000 or more, the property has been vacant or substantially vacant for [2 years] 12 months or more and:
(1) [Three] Two or more abandoned nuisance activities exist or have occurred on the property during any 12-month period; or
(2) A person associated with the property has caused or engaged in [three] two or more abandoned nuisance activities during any 12-month period on the property or within 100 feet of the property.
(b) Abandoned nuisance activity means:
(1) Instances of unlawful breaking and entering or occupancy by unauthorized persons;
(2) The presence of graffiti, debris, litter, garbage, rubble, abandoned materials, inoperable vehicles or junk appliances;
(3) The presence of unsanitary conditions or hazardous materials;
(4) The lack of adequate lighting, fencing or security;
(5) Indicia of the presence or activities of gangs;
(6) Environmental hazards;
(7) Violations of city codes, ordinances or other adopted policy; or
(8) Any other activity, behavior, conduct or condition defined by the governing body of the city to constitute a threat to the public health, safety or welfare of the residents of or visitors to the city.
(c) Person associated with the property means a person who, on the occasion of an abandoned nuisance activity, has:
(1) Entered, patronized or visited;
(2) Attempted to enter, patronize or visit; or
(3) Waited to enter, patronize or visit,
Κ a property or a person present on the property.
κ2005 Statutes of Nevada, Page 567 (CHAPTER 172, SB 424)κ
Sec. 2. This act becomes effective on July 1, 2005.
________
Senate Bill No. 169Senator Amodei
CHAPTER 173
AN ACT relating to the tax for infrastructure; authorizing the boards of county commissioners of smaller counties to use money in the infrastructure fund for certain projects, facilities and activities; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 377B.160 is hereby amended to read as follows:
377B.160 The money in the infrastructure fund, including interest and any other income from the fund:
1. In a county whose population is 400,000 or more, must only be expended by the water authority, distributed by the water authority to its members, distributed by the water authority pursuant to NRS 377B.170 to a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or to a public entity in such a county which provides water or wastewater services and which is not a member of the water authority or, if no water authority exists in the county, by the board of county commissioners for:
(a) The acquisition, establishment, construction, improvement or equipping of water and wastewater facilities;
(b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a); or
(c) Any combination of those purposes.
Κ The board of county commissioners may only expend money from the infrastructure fund pursuant to this subsection in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100.
2. In a county whose population is 100,000 or more but less than 400,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100 for:
(a) The acquisition, establishment, construction or expansion of:
(1) Projects for the management of floodplains or the prevention of floods; or
(2) Facilities relating to public safety;
(b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a);
(c) The ongoing expenses of operation and maintenance of projects described in subparagraph (1) of paragraph (a), if such projects were included in a plan adopted by the board of county commissioners pursuant to subsection 6 of NRS 377B.100 before January 1, 2003; or
κ2005 Statutes of Nevada, Page 568 (CHAPTER 173, SB 169)κ
(d) Any combination of those purposes.
3. In a county whose population is less than 100,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100 for:
(a) The acquisition, establishment, construction, improvement or equipping of:
(1) Water facilities; or
(2) Wastewater facilities;
(b) The acquisition, establishment, construction , operation, maintenance or expansion of:
(1) Projects for the management of floodplains or the prevention of floods; or
(2) Facilities for the disposal of solid waste;
(c) The construction or renovation of facilities for schools;
(d) The construction or renovation of facilities having cultural or historical value;
(e) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects , facilities and activities described in paragraphs (a) [, (b) and (c); or
(e)] to (d), inclusive; or
(f) Any combination of those purposes.
Sec. 2. This act becomes effective on July 1, 2005.
________
Senate Bill No. 81Committee on Human Resources and Education
CHAPTER 174
AN ACT relating to historic preservation; expanding the definition of prehistoric site to include sites of religious or cultural importance to an Indian tribe; authorizing the Office of Historic Preservation of the Department of Cultural Affairs to enter into certain agreements with a state agency or political subdivision concerning the preservation of historic or prehistoric sites; requiring a state agency or political subdivision to submit certain information to the Office before changing the use of or initiating a project on any portion of certain land; making it a crime to take certain actions which tend to injure or destroy historic or prehistoric sites on state land or to receive, traffic in or sell cultural property from state land without a valid permit; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 381.195 is hereby amended to read as follows:
381.195 As used in NRS 381.195 to 381.227, inclusive:
1. Historic means after the middle of the 18th century.
κ2005 Statutes of Nevada, Page 569 (CHAPTER 174, SB 81)κ
2. Historic site means a site, landmark or monument of historical significance pertaining to the history of the settlement of Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials.
3. Museum Director means the Museum Director of the Nevada State Museum.
4. Prehistoric means before the middle of the 18th century.
5. Prehistoric site means any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves , [or] burial ground [.] or sites of religious or cultural importance to an Indian tribe.
Sec. 2. NRS 381.197 is hereby amended to read as follows:
381.197 [No] Except for action taken under an agreement with the Office of Historic Preservation of the Department pursuant to section 11 of this act, and except as otherwise provided in this section, a person shall not investigate, explore or excavate an historic or prehistoric site on federal or state lands or remove any object therefrom unless he is the holder of a valid and current permit issued pursuant to the provisions of NRS 381.195 to 381.227, inclusive. Conduct that would otherwise constitute a violation of this section is not a violation of this section if it is also a violation of section 12 of this act.
Sec. 3. NRS 381.227 is hereby amended to read as follows:
381.227 [Except] Unless a greater penalty is provided by a specific statute and except as otherwise provided in NRS 381.225, any person violating any of the provisions of NRS 381.195 to 381.227, inclusive, is guilty of a misdemeanor.
Sec. 4. Chapter 383 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 13, inclusive, of this act.
Sec. 5. As used in sections 5 to 13 inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 6. Historic site has the meaning ascribed to it in NRS 381.195.
Sec. 7. Political subdivision means a county, city, irrigation district or any other local government as defined in NRS 354.474.
Sec. 8. Prehistoric site has the meaning ascribed to it in NRS 381.195.
Sec. 9. State agency means the State of Nevada or any board, commission, department, division or other public agency of this State.
Sec. 10. State land means land that is owned by or under the control of a state agency or political subdivision.
Sec. 11. 1. Upon request by any state agency or political subdivision, the Office may enter into an agreement with that state agency or political subdivision regarding any land which the state agency or political subdivision intends to acquire from an agency of the Federal Government. The agency of the Federal Government may be a party to the agreement.
2. An agreement made pursuant to subsection 1 must:
(a) Include provisions that are sufficient to ensure that the land, when acquired, will receive protection for any historic or prehistoric site at a level equivalent to the protection provided if the land had remained under federal ownership;
κ2005 Statutes of Nevada, Page 570 (CHAPTER 174, SB 81)κ
(b) Require the state agency or political subdivision to submit a proposal and consult with the Office before changing the use of the land or initiating a project on any portion of the land; and
(c) Require that any expenses associated with carrying out the agreement are the responsibility of the state agency or political subdivision.
3. If a state agency or political subdivision submits a proposal to change the use of the land or initiate a project on any portion of the land pursuant to paragraph (b) of subsection 2, the state agency or political subdivision shall:
(a) Provide to the Office a written statement:
(1) Identifying any Indian tribes that may be concerned with the religious or cultural importance of the site and other interested persons for inclusion in the consultation required pursuant to paragraph (b) of subsection 2;
(2) Identifying any historic or prehistoric sites in accordance with the requirements of the Office for recording and reporting for those sites;
(3) Evaluating any historic or prehistoric sites for inclusion in the State Register of Historic Places, including any text excavations or other research;
(4) Evaluating the effect of the change in use of the land or the project on a historic or prehistoric site that is eligible for inclusion in the State Register of Historic Places; and
(5) Evidencing the preparation and carrying out of treatment plans that comply with the requirements of the Office for those plans; and
(b) Any other information relating to the proposed change of use required by the Office.
Sec. 12. 1. Except as otherwise provided in this section, a person who knowingly and willfully removes, mutilates, defaces, excavates, injures or destroys a historic or prehistoric site or resource on state land or who receives, traffics in or sells cultural property appropriated from state land without a valid permit, unless a greater penalty is provided by a specific statute:
(a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of $500.
(b) For a second or subsequent offense, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year or by a fine of not more than $3,000, or by both fine and imprisonment.
2. This section does not apply to any action taken:
(a) In accordance with an agreement with the Office entered into pursuant to section 11 of this act; or
(b) In accordance with the provisions of NRS 381.195 to 381.227, inclusive, by the holder of a permit issued pursuant to those sections.
3. In addition to any other penalty, a person who violates a provision of this section is liable for civil damages to the state agency or political subdivision which has jurisdiction over the state land in an amount equal to the cost or, in the discretion of the court, an amount equal to twice the cost of the restoration, stabilization and interpretation of the site plus any court costs and fees.
Sec. 13. The Office may adopt regulations to carry out the provisions of sections 5 to 13, inclusive, of this act.
________
κ2005 Statutes of Nevada, Page 571κ
Senate Bill No. 483Committee on Taxation
CHAPTER 175
AN ACT relating to taxation; establishing joint and severable liability for the payment of certain taxes, interest and penalties administered by the Department of Taxation; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A responsible person who fails to collect or pay to the Department any tax or fee imposed by this chapter, chapter 363A, 363B, 368A, 369, 370, 372 or 374 of NRS, NRS 444A.090 or 482.313, or chapter 680B of NRS, or who attempts to evade the payment of any such tax or fee, is jointly and severally liable with any other person who is required to pay such a tax or fee for the tax or fee owed plus interest and all applicable penalties. The responsible person shall pay the tax or fee upon notice from the Department that it is due.
2. As used in this section, responsible person includes:
(a) An officer or employee of a corporation; and
(b) A member or employee of a partnership or limited-liability company,
Κ whose job or duty it is to collect, account for or pay to the Department any tax or fee imposed by this chapter, chapter 363A, 363B, 368A, 369, 370, 372 or 374 of NRS, NRS 444A.090 or 482.313, or chapter 680B of NRS.
Sec. 2. NRS 372.398 and 374.403 are hereby repealed.
________
Senate Bill No. 138Committee on Taxation
CHAPTER 176
AN ACT relating to taxation; limiting the circumstances in which the Department of Taxation may apply overpayments of taxes to underpayments in another reporting period to reduce penalties; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.320 is hereby amended to read as follows:
360.320 1. Except as otherwise provided in this title, in making a determination of the amount required to be paid, the Department shall offset overpayments for a reporting period of an audit period against underpayments for any other reporting period within the audit period.
κ2005 Statutes of Nevada, Page 572 (CHAPTER 176, SB 138)κ
overpayments for a reporting period of an audit period against underpayments for any other reporting period within the audit period.
2. If it is determined that there is a net deficiency, any penalty imposed must be calculated based on the amount of the net deficiency.
3. If it is determined that:
(a) There is a net deficiency for a reporting period after offsetting any overpayment from any previous reporting period, any interest imposed on the net deficiency must be calculated before determining whether there is an overpayment or net deficiency for the next reporting period within the audit period.
(b) There is a net overpayment for a reporting period after offsetting any net deficiency from any previous reporting period, any interest to which the taxpayer is entitled must be calculated before determining whether there is an overpayment or net deficiency for the next reporting period within the audit period.
4. The provisions of this section do not apply if , in any reporting period within the audit period, the taxpayer has [submitted] :
(a) Failed to file a report or return that he is required to file;
(b) Filed such a report or return later than the date it is due;
(c) Filed such a report or return that erroneously shows no taxes due; or
(d) Filed such a report or return that shows taxes due and has not remitted the taxes due in a timely manner.
5. As used in this section, reporting period includes, without limitation, a calendar month, a calendar quarter, a calendar year and any other period for reporting.
Sec. 2. This act becomes effective on July 1, 2005.
________
Senate Bill No. 135Committee on Commerce and Labor
CHAPTER 177
AN ACT relating to interior designers; revising provisions governing the qualifications of an applicant for a certificate of registration to practice as a registered interior designer; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 623.192 is hereby amended to read as follows:
623.192 1. An applicant for a certificate of registration to practice as a registered interior designer must be of good moral character and submit to the Board:
(a) An application on a form provided by the Board;
(b) The fees required pursuant to NRS 623.310;
(c) The statement required pursuant to NRS 623.225;
(d) Proof which is satisfactory to the Board that [he has:
κ2005 Statutes of Nevada, Page 573 (CHAPTER 177, SB 135)κ
(1) At] the applicant has at least 2 years of experience in interior design; [and
(2) Successfully completed a]
(e) Proof which is satisfactory to the Board that the applicant has successfully completed:
(1) A program of interior design accredited by the Foundation for Interior Design Education Research or [a] any successor in interest to that organization;
(2) A substantially equivalent program of interior design approved by the Board; [and
(e)] or
(3) A program of interior design, other than a program described in subparagraph (1) or (2), which culminated in the award of a bachelors degree or higher degree more than 5 years before the date of the application if the applicant possesses a combination of education and experience in interior design deemed suitable by the Board; and
(f) A certificate issued by the National Council for Interior Design Qualification as proof that [he] the applicant has passed the examination prepared and administered by that organization.
2. The Board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience required pursuant to the provisions of paragraph (d) of subsection 1 as those standards exist on the date of the adoption of the regulation.
3. Before being issued a certificate of registration to practice as a registered interior designer, each applicant must personally appear before the Board to take an oath prescribed by the Board.
4. Any application submitted to the Board may be denied for any violation of the provisions of this chapter.
Sec. 2. NRS 623.192 is hereby amended to read as follows:
623.192 1. An applicant for a certificate of registration to practice as a registered interior designer must be of good moral character and submit to the Board:
(a) An application on a form provided by the Board;
(b) The fees required pursuant to NRS 623.310;
(c) Proof which is satisfactory to the Board that [he has:
(1) At] the applicant has at least 2 years of experience in interior design; [and
(2) Successfully completed a]
(d) Proof which is satisfactory to the Board that the applicant has successfully completed:
(1) A program of interior design accredited by the Foundation for Interior Design Education Research or [a] any successor in interest to that organization;
(2) A substantially equivalent program of interior design approved by the Board; [and
(d)] or
(3) A program of interior design, other than a program described in subparagraph (1) or (2), which culminated in the award of a bachelors degree or higher degree more than 5 years before the date of the application if the applicant possesses a combination of education and experience in interior design deemed suitable by the Board; and
κ2005 Statutes of Nevada, Page 574 (CHAPTER 177, SB 135)κ
(e) A certificate issued by the National Council for Interior Design Qualification as proof that [he] the applicant has passed the examination prepared and administered by that organization.
2. The Board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience required pursuant to the provisions of paragraph (c) of subsection 1 as those standards exist on the date of the adoption of the regulation.
3. Before being issued a certificate of registration to practice as a registered interior designer, each applicant must personally appear before the Board to take an oath prescribed by the Board.
4. Any application submitted to the Board may be denied for any violation of the provisions of this chapter.
Sec. 3. NRS 623.215 is hereby amended to read as follows:
623.215 The Board may accept satisfactory evidence of registration as an interior designer in another jurisdiction where the qualifications required are equal to those required in paragraphs (d) , (e) and [(e)] (f) of subsection 1 of NRS 623.192 at the date of application. Before the Board may accept that evidence, the applicant must pass the examination required pursuant to the provisions of subsection 3 of NRS 623.200.
Sec. 4. NRS 623.215 is hereby amended to read as follows:
623.215 The Board may accept satisfactory evidence of registration as an interior designer in another jurisdiction where the qualifications required are equal to those required in paragraphs (c) , (d) and [(d)] (e) of subsection 1 of NRS 623.192 at the date of application. Before the Board may accept that evidence, the applicant must pass the examination required pursuant to the provisions of subsection 3 of NRS 623.200.
Sec. 5. 1. This section and sections 1 and 3 of this act become effective upon passage and approval.
2. Sections 1 and 3 of this act expire 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 the support of one or more children,
Κ are repealed by the Congress of the United States.
3. Sections 2 and 4 of this act become 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:
(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 the support of one or more children,
Κ are repealed by the Congress of the United States.
________
κ2005 Statutes of Nevada, Page 575κ
Senate Bill No. 184Senator Care
CHAPTER 178
AN ACT relating to local governments; requiring local governments to create committees to provide recommendations on the operation of enterprise funds for certain permit fees; revising the provisions governing enterprise funds for building permit fees; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as section 2 of this act.
Sec. 2. 1. Each local government that creates an enterprise fund pursuant to NRS 354.59891 shall establish an advisory committee to review the operations of, and make recommendations relating to, the enterprise fund.
2. The governing body of the local government or its designee shall appoint at least five members to the committee which:
(a) Must include:
(1) A representative of the residential construction industry;
(2) A representative of the commercial development industry; and
(3) A representative of the construction industry; and
(b) May include:
(1) A public officer or employee of the local government who manages the fiscal affairs of the local government; and
(2) A public officer or employee of the local government who oversees directly the operation of the enterprise fund.
3. Each member of the committee must be appointed for a term of at least 2 years but not to exceed 4 years. The governing body or its designee may renew the term of any member of the committee.
4. The members of the committee shall select a chairman from among their membership.
5. The committee may issue opinions and recommendations to the governing body of the local government concerning, without limitation:
(a) The adequacy of the fees that the local government charges for barricade permits, encroachment permits and building permits;
(b) The financial objectives and annual budget of the program for the issuance of barricade permits, encroachment permits and building permits; and
(c) Any other relevant issue related to the operation of the enterprise fund.
6. As used in this section:
(a) Barricade permit has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 354.59891.
(b) Building permit has the meaning ascribed to it in paragraph (b) of subsection 1 of NRS 354.59891.
κ2005 Statutes of Nevada, Page 576 (CHAPTER 178, SB 184)κ
(c) Encroachment permit has the meaning ascribed to it in paragraph (e) of subsection 1 of NRS 354.59891.
Sec. 3. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, and section 2 of this act may be cited as the Local Government Budget and Finance Act.
Sec. 4. NRS 354.472 is hereby amended to read as follows:
354.472 1. The purposes of NRS 354.470 to 354.626, inclusive, and section 2 of this act are:
(a) To establish standard methods and procedures for the preparation, presentation, adoption and administration of budgets of all local governments.
(b) To enable local governments to make financial plans for programs of both current and capital expenditures and to formulate fiscal policies to accomplish these programs.
(c) To provide for estimation and determination of revenues, expenditures and tax levies.
(d) To provide for the control of revenues, expenditures and expenses in order to promote prudence and efficiency in the expenditure of public money.
(e) To provide specific methods enabling the public, taxpayers and investors to be apprised of the financial preparations, plans, policies and administration of all local governments.
2. For the accomplishment of these purposes, the provisions of NRS 354.470 to 354.626, inclusive, and section 2 of this act must be broadly and liberally construed.
Sec. 5. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in subsections 2 and 3 the provisions of NRS 354.470 to 354.626, inclusive, and section 2 of this act apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive [:] , and section 2 of this act:
(a) Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
(b) Local government does not include the Nevada Rural Housing Authority.
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, and section 2 of this act, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, and section 2 of this act, in addition to the requirements of chapter 539 of NRS.
3. An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, and section 2 of this act for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Electrification Administration of the United States Department of Agriculture.
κ2005 Statutes of Nevada, Page 577 (CHAPTER 178, SB 184)κ
to 354.626, inclusive, and section 2 of this act for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Electrification Administration of the United States Department of Agriculture.
Sec. 6. NRS 354.476 is hereby amended to read as follows:
354.476 As used in NRS 354.470 to 354.626, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.479 to 354.578, inclusive, have the meanings ascribed to them in those sections.
Sec. 7. NRS 354.59891 is hereby amended to read as follows:
354.59891 1. As used in this section:
(a) Barricade permit means the official document issued by the building officer of a local government which authorizes the placement of barricade appurtenances or structures within a public right-of-way.
(b) Building permit means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.
(c) Building permit basis means the combination of the rate and the valuation method used to calculate the total building permit fee.
(d) Building permit fee means the total fees that must be paid before the issuance of a building permit, including , without limitation, all permit fees and inspection fees. The term does not include, without limitation, fees relating to water, sewer or other utilities, residential construction tax, tax for the improvement of transportation imposed pursuant to NRS 278.710, any fee imposed pursuant to NRS 244.386 or any amount expended to change the zoning of the property.
(e) Current asset means any cash maintained in an enterprise fund and any interest or other income earned on the money in the enterprise fund that, at the end of the current fiscal year, is anticipated by a local government to be consumed or converted into cash during the next ensuing fiscal year.
(f) Current liability means any debt incurred by a local government to provide the services associated with issuing building permits that, at the end of the current fiscal year, is determined by the local government to require payment within the next ensuing fiscal year.
(g) Encroachment permit means the official document issued by the building officer of a local government which authorizes construction activity within a public right-of-way.
(h) Operating cost means the amount paid by a local government for supplies, services, salaries, wages and employee benefits to provide the services associated with issuing building permits.
(i) Working capital means the excess of current assets over current liabilities, as determined by the local government at the end of the current fiscal year.
2. Except as otherwise provided in subsections 3 and 4, a local government shall not increase its building permit basis by more than an amount equal to the building permit basis on June 30, 1989, multiplied by a percentage equal to the percentage increase in the Western Urban Nonseasonally Adjusted Consumer Price Index, as published by the United States Department of Labor, from January 1, 1988, to the January 1 next preceding the fiscal year for which the calculation is made.
κ2005 Statutes of Nevada, Page 578 (CHAPTER 178, SB 184)κ
3. A local government may submit an application to increase its building permit basis by an amount greater than otherwise allowable pursuant to subsection 2 to the Nevada Tax Commission. The Nevada Tax Commission may allow the increase only if it finds that:
(a) Emergency conditions exist which impair the ability of the local government to perform the basic functions for which it was created; or
(b) The building permit basis of the local government is substantially below that of other local governments in the State and the cost of providing the services associated with the issuance of building permits in the previous fiscal year exceeded the total revenue received from building permit fees, excluding any amount of residential construction tax collected, for that fiscal year.
4. Upon application by a local government, the Nevada Tax Commission shall exempt the local government from the limitation on the increase of its building permit basis if:
(a) The local government creates an enterprise fund pursuant to NRS 354.612 exclusively for building permit fees, fees imposed for the issuance of barricade permits and fees imposed for encroachment permits;
(b) The purpose of the enterprise fund is to recover the costs of operating the activity for which the fund was created, including overhead;
(c) Any interest or other income earned on the money in the enterprise fund is credited to the enterprise fund;
[(c) Except as otherwise provided in subsection 5, the]
(d) The local government maintains a balance of unreserved working capital in the enterprise fund that does not exceed [an amount equal to 9 months] 50 percent of the annual operating costs and capital expenditures for the program for the issuance of barricade permits, encroachment permits and building permits of the local government [; and
(d)] , as determined by the annual audit of the local government conducted pursuant to NRS 354.624; and
(e) The local government does not use any of the money in the enterprise fund for any purpose other than the actual direct and indirect costs of the program for the issuance of barricade permits, encroachment permits and building permits, including, without limitation, the cost of checking plans, issuing permits, inspecting buildings and administering the program. The Committee on Local Government Finance shall adopt regulations governing the permissible expenditures from an enterprise fund pursuant to this paragraph.
5. [In addition to the balance of unreserved working capital authorized pursuant to subsection 4, the local government may maintain in an enterprise fund created pursuant to this section an amount of working capital for the following purposes:
(a) An amount sufficient to pay the debt service for 1 year on any debt incurred by the local government to provide the services associated with issuing barricade permits, encroachment permits and building permits;
(b) An amount that does not exceed the total amount of expenditures for the program for the issuance of barricade permits, encroachment permits and building permits of the local government set forth in the capital improvement plan of the local government prepared pursuant to NRS 354.5945 for the current fiscal year; and
(c) An amount that does not exceed 4 percent of the annual operating costs of the program for the issuance of barricade permits, encroachment permits and building permits of the local government which must be used to pay for unanticipated capital replacement.
κ2005 Statutes of Nevada, Page 579 (CHAPTER 178, SB 184)κ
permits and building permits of the local government which must be used to pay for unanticipated capital replacement.
6.] Any amount in an enterprise fund created pursuant to this section that is designated for special use, including, without limitation, prepaid fees and any other amount subject to a contractual agreement, must be identified as a restricted asset and must not be included as a current asset in the calculation of working capital.
[7.] 6. If a balance in excess of the amount authorized pursuant to [subsections 4 and 5] paragraph (d) of subsection 4 is maintained in an enterprise fund created pursuant to this section at the close of 2 consecutive fiscal years, the local government shall reduce the fees for barricade permits, encroachment permits and building permits it charges by an amount that is sufficient to ensure that the balance in the enterprise fund at the close of the fiscal year next following those 2 consecutive fiscal years does not exceed the amount authorized pursuant to [subsections 4 and 5.] paragraph (d) of subsection 4.
Sec. 8. NRS 354.612 is hereby amended to read as follows:
354.612 1. A local government shall establish by resolution one or more funds. The resolution establishing the fund must set forth in detail:
(a) The object or purpose of the fund;
(b) The resources to be used to establish the fund;
(c) The source or sources from which the fund will be replenished;
(d) The method for controlling expenses and establishing revenues of the fund; and
(e) The method by which a determination will be made as to whether the balance, reserve or retained earnings of the fund are reasonable and necessary to carry out the purpose of the fund.
2. Financial statements and other schedules required for funds must be prepared in accordance with generally accepted accounting principles.
3. Upon adoption of a resolution establishing a fund, a local government shall provide an executed copy of the resolution to the Department of Taxation.
4. In establishing a proprietary fund, a local government shall, besides furnishing working capital for the fund, provide that one of its financial objectives is to recover the complete costs of operation of the activity being financed, including overhead, without producing any significant amount of profit in the long run.
5. Each enterprise fund established must account for all charges properly related to the purpose of the enterprise fund, including, without limitation, debt service, capital outlay and operating expenses. [No] Upon dissolution of the enterprise fund, no transfer of equity that may be made available to other funds or functions may be declared [in an enterprise fund] until after all proper obligations have been charged against the enterprise fund.
Sec. 9. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, medium-term obligation repayments and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, and section 2 of this act is guilty of a misdemeanor, and upon conviction thereof ceases to hold his office or employment.
κ2005 Statutes of Nevada, Page 580 (CHAPTER 178, SB 184)κ
violates NRS 354.470 to 354.626, inclusive, and section 2 of this act is guilty of a misdemeanor, and upon conviction thereof ceases to hold his office or employment. Prosecution for any violation of this section may be conducted by the Attorney General or, in the case of incorporated cities, school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:
(a) Purchase of coverage and professional services directly related to a program of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.
(f) Contracts between a local government and any person for the construction or completion of public works, money for which has been or will be provided by the proceeds of a sale of bonds, medium-term obligations or an installment-purchase agreement and that are entered into by the local government after:
(1) Any election required for the approval of the bonds or installment-purchase agreement has been held;
(2) Any approvals by any other governmental entity required to be obtained before the bonds, medium-term obligations or installment-purchase agreement can be issued have been obtained; and
(3) The ordinance or resolution that specifies each of the terms of the bonds, medium-term obligations or installment-purchase agreement, except those terms that are set forth in subsection 2 of NRS 350.165, has been adopted.
Κ Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.
(g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies, services and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.
(h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.
(i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.
(j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.
κ2005 Statutes of Nevada, Page 581 (CHAPTER 178, SB 184)κ
(k) The receipt by a local government of increased revenue that:
(1) Was not anticipated in the preparation of the final budget of the local government; and
(2) Is required by statute to be remitted to another governmental entity.
Sec. 10. This act becomes effective on July 1, 2005.
________
Senate Bill No. 331Committee on Judiciary
CHAPTER 179
AN ACT relating to the system of criminal justice; making various changes concerning the composition of and the administration of the Advisory Commission on Sentencing; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.0123 is hereby amended to read as follows:
176.0123 1. The Advisory Commission on Sentencing is hereby created. The Commission consists of:
(a) One member who is a district judge, appointed by the governing body of the Nevada District Judges Association;
(b) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys Association;
(c) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;
(d) One member who is a public defender, appointed by the governing body of the State Bar of Nevada;
(e) One member who is a representative of a law enforcement agency, appointed by the Governor;
[(e)] (f) One member who is a representative of the Division of Parole and Probation of the Department of Public Safety, appointed by the Governor;
[(f)] (g) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the Governor;
[(g)] (h) One member who is a county commissioner, appointed by the governing body of the Nevada Association of Counties;
[(h)] (i) The Director of the Department of Corrections;
(j) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate; and
[(i)] (k) Two members who are Assemblymen, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly.
κ2005 Statutes of Nevada, Page 582 (CHAPTER 179, SB 331)κ
Κ If any association listed in this subsection ceases to exist, the appointment required by this subsection must be made by the associations successor in interest or, if there is no successor in interest, by the Governor.
2. The [Governor shall designate one member of the Commission to] Attorney General is an ex officio voting member of the Commission and shall serve as the Chairman [.] of the Commission.
3. Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment.
4. The Legislators who are members of the Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each days attendance at a meeting of the Commission.
5. While engaged in the business of the Commission, to the extent of legislative appropriation, each member [and employee] of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. To the extent of legislative appropriation, the Attorney General shall provide the Commission with such staff as is necessary to carry out the duties of the Commission.
________
Senate Bill No. 93Committee on Finance
CHAPTER 180
AN ACT making a supplemental appropriation to the Department of Motor Vehicles for unanticipated costs related to electronic payments in Fiscal Year 2004-2005 in administrative services; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles the sum of $1,300,000 for unanticipated costs related to electronic payments in Fiscal Year 2004-2005 in administrative services. This appropriation is supplemental to that made by section 1 of chapter 328, Statutes of Nevada 2003, at page 1852.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2005 Statutes of Nevada, Page 583κ
Senate Bill No. 78Senators Care, Titus, Wiener, Nolan, Amodei, Carlton, Coffin, Lee, Mathews, McGinness, Schneider and Washington
Joint Sponsors: Assemblymen Perkins, Buckley, McCleary and McClain
CHAPTER 181
AN ACT relating to education; making permanent the authority of the Board of Regents of the University of Nevada to grant waivers for registration and laboratory fees for active members of the Nevada National Guard; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 9, Statutes of Nevada 2003, 20th Special Session, at page 272, is hereby amended to read as follows:
Sec. 2. This act becomes effective upon passage and approval and applies retroactively from and after July 1, 2003 . [, and expires by limitation on June 30, 2005.]
Sec. 2. This act becomes effective upon passage and approval or June 30, 2005, whichever is earlier.
________
Senate Bill No. 318Senator Titus
Joint Sponsor: Assemblyman Mortenson
CHAPTER 182
AN ACT relating to state parks; creating the Account for Maintenance of State Park Facilities and Grounds; allowing, under certain circumstances, the sale of a parcel of land within the Red Rock Canyon National Conservation Area to fund the Account; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 407 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Account for Maintenance of State Park Facilities and Grounds is hereby created in the State General Fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. The money in the Account does not lapse to the State General Fund at the end of any fiscal year.
κ2005 Statutes of Nevada, Page 584 (CHAPTER 182, SB 318)κ
2. The Administrator may expend the interest and income earned on the money in the Account to repair and maintain state park facilities and grounds. The Administrator may expend the interest and income in the Account or allow it to accrue until a sufficient amount is available for repair and maintenance projects. The Administrator shall not expend the principal of the Account.
Sec. 2. The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources may make a direct sale of a parcel of land of approximately 80 acres which is located within the Red Rock Canyon National Conservation Area. Such sale must ensure that the parcel will, in the future, be administered by the Bureau of Land Management of the United States Department of the Interior as part of the Red Rock Canyon National Conservation Area. Money received from the sale, less any costs related to the sale, must be deposited in the Account for Maintenance of State Park Facilities and Grounds in the State General Fund.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 15Committee on Natural Resources, Agriculture, and Mining
CHAPTER 183
AN ACT relating to wildlife; expanding the purposes for which the money in the Wildlife Heritage Trust Account must be used to include expenditures for the management and control of predatory wildlife in this State; authorizing the expenditure of certain annual deposits in the Account; and providing other matters properly relating thereto.
[Approved: May 31, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.3575 is hereby amended to read as follows:
501.3575 1. The Wildlife Heritage Trust Account is hereby created in the State General Fund. The money in the Account must be used by the Department as provided in this section for [the] :
(a) The protection, propagation, restoration, transplantation, introduction and management of any game fish, game mammal, game bird or fur-bearing mammal in this State [.] ; and
(b) The management and control of predatory wildlife in this State.
2. Except as otherwise provided in NRS 502.250, money received by the Department from:
(a) A bid, auction or partnership in wildlife drawing conducted pursuant to NRS 502.250; and
(b) A gift of money made by any person to the Wildlife Heritage Trust Account,
Κ must be deposited with the State Treasurer for credit to the Account.
3. The interest and income earned on the money in the Wildlife Heritage Trust Account, after deducting any applicable charges, must be credited to the Account.