[Rev. 2/6/2019 2:02:05 PM]
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Assembly Bill No. 570Committee on Legislative Operations and Elections
CHAPTER 276
[Approved: June 9, 2011]
AN ACT relating to elections; revising the districts from which the members of the Board of Regents of the University of Nevada are elected; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The members of the Board of Regents of the University of Nevada are elected by the voters of this State. (Nev. Const. Art. 11, § 7; NRS 396.040) Sections 2-14 of this bill revise the boundaries of the 13 Districts from which the members of the Board of Regents are elected by designating the blocks, block groups and census tracts that comprise each of those Districts based upon the data from the Twenty-third United States Census, known as Census 2010.
Section 15 of this bill provides that the members of the Board of Regents who were elected on November 4, 2008, and on November 2, 2010, respectively, shall serve out the term of office for which they were elected by representing the District to which they were elected through January 8, 2013, and representing the corresponding new Districts established by sections 2-14 of this bill from January 8, 2013, until the expiration of their current term of office.
Under existing law, a person shall not use the term reelect in any material, statement or publication supporting the election of a candidate unless the candidate: (1) was elected to the identical office with the same district number in the most recent election to fill that office; and (2) is serving and has served continuously in that office from the beginning of the term to which the candidate was elected. (NRS 294A.330) Section 16 of this bill provides that notwithstanding this prohibition on the use of the term reelect, the members who currently serve on the Board of Regents and serve continuously in those offices may use the term reelect in the applicable general election when running for the District from the same new corresponding District if he or she is otherwise qualified for election to that office.
Section 18 of this bill provides that sections 2-14 of this bill, which revise the boundaries of the Districts from which the members of the Board of Regents are elected, become effective on January 1, 2012, for the purpose of filing for office and for nominating and electing members of the newly revised Districts, and for all other purposes on January 8, 2013.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.031 is hereby amended to read as follows:
396.031 As used in NRS 396.031 to 396.046, inclusive, unless the context otherwise requires:
1. Block means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.
2. Block group means a combination of blocks whose numbers begin with the same digit.
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3. Census tract means a combination of block groups.
[4. Census voting district means the voting district:
(a) Based on the geographic and population databases compiled by the Bureau of the Census of the United States Department of Commerce as validated and incorporated into the geographic information system by the Legislative Counsel Bureau for use by the Nevada Legislature; and
(b) Designated in the maps filed with the Office of the Secretary of State pursuant to NRS 396.0411.]
Sec. 2. NRS 396.0415 is hereby amended to read as follows:
396.0415 District 1 consists of, in Clark County:
[1. Census tracts 000201, 000203, 000301, 000302, 000600, 000800, 000900, 003425, 003500, 003602, 003609, 003610, 003611, 003612, 003613, 003614, 003615, 003700, 004703, 004711, 004712, 004714, 004715, 004716, 006203 and 006204.
2. Census voting districts 2004, 2021, 2044, 2056, 2083, 2112, 2117, 2129, 2142, 4021, 4022, 4033, 4060 and 4066.
3. In census tract 000101, blocks 2000, 2001, 2002, 2003, 2014 and 2015.
4. In census tract 000204, blocks 1000, 1003, 1007, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019 and 1020.
5. In census tract 000400, blocks 1001, 1002, 1003, 1004, 1007, 3004, 3005, 3006, 3007, 3008, 3012, 3013, 3014, 3015, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011 and 6012.
6. In census tract 000700, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016.
7. In census tract 001100, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008.
8. In census tract 003603, blocks 1022, 1023, 1024, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1058, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023.
9. In census tract 003604, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1013, 1014, 1015, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010 and 3011.
10. In census tract 003605, blocks 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030 and 2031.
11. In census tract 003607, blocks 1001, 1002, 1003, 1007, 1008, 1009, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007 and 3008.
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12. In census tract 003800, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 3006, 4001 and 4009.
13. In census tract 004400, block 2003.
14. In census tract 004500, block 1003.
15. In census tract 004600, blocks 1013, 1014, 1015, 1016, 1018, 2000, 2001, 2002, 2003, 2004, 2005, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018 and 3019.
16. In census tract 004713, blocks 1001, 1004, 1005, 1006, 1007, 1008 and 1009.
17. In census tract 004717, blocks 1000, 1001, 1002, 2003, 2008, 2009, 2010, 2011 and 2012.
18. In census tract 006000, blocks 9009, 9010, 9011, 9012, 9013, 9017, 9018, 9019, 9020, 9021, 9026, 9027, 9028, 9029, 9030, 9031, 9032, 9033, 9034, 9035, 9038, 9039, 9040, 9041, 9042, 9043, 9044, 9045, 9046, 9047, 9050, 9051, 9052, 9053 and 9054.
19. In census tract 006102, blocks 3031, 3032, 3033, 3034 and 3035.
20. In census tract 006201, blocks 1000, 1001, 1002, 1003, 1004, 1005 and 1006.
21. In census tract 006202, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015.]
1. Census tracts 000201, 000302, 000401, 000900, 003430, 003431, 003500, 003607, 003609, 003610, 003612, 003613, 003615, 003616, 003617, 003619, 003620, 003621, 003622, 003623, 003624, 003625, 003626, 003627, 003629, 003630, 003631, 003632, 003633, 003634, 003635, 003636, 003637, 003638, 003639, 003640, 003641, 003642, 003643, 003644 and 003700.
2. In census tract 000101, block group 5.
3. In census tract 000203, blocks 1000 and 1001.
4. In census tract 000301:
(a) Block groups 1 and 3.
(b) Blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2028, 2029, 2030, 2031, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2058, 2059 and 2060.
5. In census tract 000402, blocks 1000, 1001, 1002, 1003, 3003 and 3004.
6. In census tract 000403, blocks 1010, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028 and 1029.
7. In census tract 000700:
(a) Block groups 1, 2 and 3.
(b) Blocks 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4018, 4019 and 4020.
8. In census tract 000800, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 2000, 2001, 2002, 2003, 2004, 2005, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022.
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9. In census tract 003309, block 3000.
10. In census tract 003618:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017 and 1018.
11. In census tract 003628:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1071, 1092, 1093, 1094, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1105, 1106, 1107, 1108, 1109, 1110, 1111 and 1112.
12. In census tract 003800, blocks 3000, 3001, 3002, 3003, 3004, 3005, 3007, 3008, 3009, 3010, 3011, 4005 and 4006.
13. In census tract 004500, blocks 1007, 1010 and 1015.
14. In census tract 004601, blocks 1008, 2008 and 2009.
15. In census tract 004602, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006 and 1011.
16. In census tract 004715, blocks 1009, 1010, 1011, 1024, 1025, 1026, 1027, 2000 and 2003.
17. In census tract 005902, blocks 1247, 1248, 1249, 1250, 1252, 1253, 1257, 1258, 1260, 1262, 1469, 1470, 1471, 1472, 1473, 1474, 1475, 1476, 1479, 1480, 1481, 1482 and 1497.
18. In census tract 006001, blocks 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 2004, 2006 and 2007.
Sec. 3. NRS 396.0425 is hereby amended to read as follows:
396.0425 District 2 consists of, in Clark County:
[1. Census tracts 000102, 000103, 000104, 000105, 001003, 001004, 001005, 001006, 002203, 002204, 002205, 002905, 002937, 002938, 002947, 003001, 003101, 003102, 003416, 003417, 003419, 003420, 003422, 003423 and 003424.
2. Census voting districts 2049, 2051, 2052, 2054, 2055, 2104, 3027, 3029, 3104, 6028, 6029 and 6030.
3. In census tract 000101, blocks 1000, 1001, 1002, 1003, 1004, 2005, 2006, 2007, 2008, 2009, 2010, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 3001, 3008, 3009, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014 and 4015.
4. In census tract 000204, blocks 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012.
5. In census tract 002201, blocks 2012 and 2013.
6. In census tract 002935, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1008 and 1009.
7. In census tract 002936, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2009, 2010, 2011 and 2012.
8. In census tract 002946, blocks 1000, 1001 and 1002.
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9. In census tract 002949, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011.
10. In census tract 002954, blocks 1000, 1001, 1002 and 1003.
11. In census tract 002955, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1009 and 1010.
12. In census tract 003004, block 2000.
13. In census tract 003005, blocks 4000, 4001 and 4002.
14. In census tract 003006, blocks 3000 and 3001.
15. In census tract 003412, block 3017.
16. In census tract 003413, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1015, 1016, 1017, 1018, 1019 and 1023.
17. In census tract 003415, blocks 3000, 3001, 3002, 3004, 4000, 4001, 4012, 6000, 6001, 6002, 6003, 6005, 6006, 6007, 6008, 6009 and 6015.]
1. Census tracts 000103, 000105, 000106, 000107, 000108, 000109, 001003, 001004, 001005, 001006, 002905, 002936, 002947, 002949, 003001, 003102, 003103, 003104, 003303, 003305, 003306, 003307, 003308, 003309, 003311, 003318, 003319, 003321, 003409, 003410, 003412, 003413, 003414, 003416, 003419, 003420, 003422, 003423, 003426, 003427, 003428 and 003429.
2. In census tract 000101, block groups 1, 2, 3 and 4.
3. In census tract 000203:
(a) Block groups 2, 3 and 4.
(b) Blocks 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011 and 1012.
4. In census tract 000204:
(a) Block group 1.
(b) Blocks 2009, 2010, 2011, 2012, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038 and 2039.
5. In census tract 000301, blocks 2025, 2026, 2027, 2032, 2056 and 2057.
6. In census tract 003004, blocks 2012 and 2013.
7. In census tract 003005, blocks 4000, 4001 and 4002.
8. In census tract 003006, blocks 3000 and 3001.
9. In census tract 003204, blocks 4018, 4019 and 4020.
10. In census tract 003235, blocks 1003, 1004, 1005, 1010 and 1019.
11. In census tract 003310:
(a) Block group 3.
(b) Blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 2006, 2007, 2009, 2010 and 2011.
12. In census tract 003312, blocks 1030, 1031, 1032, 1034, 1035, 1036, 1037, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016.
13. In census tract 003313, blocks 2006, 2007, 2008, 2009 and 2010.
14. In census tract 003317:
(a) Block group 1.
(b) Blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2009.
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15. In census tract 003320:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027 and 1028.
16. In census tract 003408, blocks 1036, 1037 and 2000.
17. In census tract 003411, blocks 1000 and 2000.
18. In census tract 003415:
(a) Block groups 2, 3, 4 and 5.
(b) Blocks 1000, 1001, 1002 and 1003.
19. In census tract 003418, block 2000.
20. In census tract 003421, block 3000.
21. In census tract 003618, block 1019.
Sec. 4. NRS 396.043 is hereby amended to read as follows:
396.043 District 3 consists of, in Clark County:
[1. Census tracts 002000, 002300, 002403, 002404, 002405, 002406, 002501, 002504, 002505, 002506, 002601, 002602, 002603, 002702, 002706, 002707, 002708, 002709, 002807, 002809, 002810, 002811, 002817, 002818, 002823, 002824, 002828, 002829, 002830, 002833, 002834, 005311, 005312, 005316, 005317, 005319 and 005320.
2. Census voting districts 1111, 5014, 7050, 7060, 7061 and 7062.
3. In census tract 000204, blocks 2000, 2001, 2002, 2013 and 2014.
4. In census tract 001100, blocks 2009, 2010, 2011, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008 and 4009.
5. In census tract 002201, blocks 2010, 2011, 2014, 2015, 2016 and 2017.
6. In census tract 002808, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 2001, 2002, 2003, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.
7. In census tract 002814, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020 and 2000.
8. In census tract 002831, blocks 1000, 1001, 1002, 1003, 1004 and 1005.
9. In census tract 002832, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1019 and 1020.
10. In census tract 005322, block 1000.]
1. Census tracts 002405, 002406, 002506, 002603, 002604, 002605, 002708, 002810, 002811, 002814, 002828, 002829, 002830, 002832, 002833, 002834, 002835, 002836, 002837, 002838, 002843, 002844, 002845, 002846, 002847, 002848, 005318, 005319, 005320, 005321, 005322, 005333, 005337, 005338, 005346, 005348, 005349, 005350 and 005351.
2. In census tract 002501:
(a) Block group 2.
(b) Blocks 1016, 1018 and 3008.
3. In census tract 002504:
(a) Block group 1.
(b) Blocks 2002, 2004, 2005 and 2006.
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4. In census tract 002706, block groups 1 and 3.
5. In census tract 002707, blocks 1003, 1004, 1005, 1006, 2006, 2007, 3005, 3006 and 3007.
6. In census tract 002831, blocks 1000, 1001, 1002, 1003, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1018, 1019, 1020, 1021, 1022, 1023, 1024 and 1025.
7. In census tract 002841:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066 and 1067.
8. In census tract 002842:
(a) Block groups 2 and 3.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028 and 1029.
9. In census tract 005315:
(a) Block group 2.
(b) Blocks 1011, 1012, 1013, 1014, 1015 and 1016.
10. In census tract 005317, block groups 2 and 3.
11. In census tract 005347, blocks 1000, 1001, 1002, 1003, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1013, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2027, 2028, 2029, 2030, 2031, 2035, 2040, 2041, 2042, 2043 and 2044.
12. In census tract 005352, block group 1.
13. In census tract 005355:
(a) Block groups 2 and 3.
(b) Blocks 1027 and 1028.
14. In census tract 005711:
(a) Block group 2.
(b) Blocks 1019, 1020, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182 and 1183.
15. In census tract 005712, blocks 1000, 1001, 1002, 1003, 1025, 1026, 1027, 1028 and 1208.
16. In census tract 005714:
(a) Block groups 1, 3 and 4.
(b) Blocks 2000, 2001, 2002, 2004, 2005, 2014, 2015, 2016, 5000 and 5001.
17. In census tract 005715:
(a) Block group 1.
(b) Blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2027, 2028, 2030, 2031, 2033, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3014, 3015, 3016, 3017, 3018, 3019, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017 and 4018.
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18. In census tract 006700:
(a) Block groups 2, 3 and 4.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1031, 1032 and 1033.
19. In census tract 006800:
(a) Block groups 1, 2 and 3.
(b) Blocks 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4066, 4067, 4068, 4069, 4070, 4071, 4072, 4073, 4074, 4077, 4078, 4079, 4080, 4081, 4082, 4083, 4084, 4085, 4086, 4087 and 4088.
Sec. 5. NRS 396.0435 is hereby amended to read as follows:
396.0435 District 4 consists of, in Clark County:
[1. Census tracts 001706, 001707, 001708, 001709, 001715, 001717, 001718, 001803, 001804, 002821, 002822, 002826, 002827, 005010, 005011, 005101, 005102, 005103, 005104, 005105, 005106, 005107, 005108, 005109, 005200, 005314, 005315, 005318, 005321, 005333, 005334, 005335, 005336, 005337, 005338, 005341, 005342, 005343 and 005345.
2. Census voting districts 1110, 5025, 5026, 7031, 7034, 7049, 7056, 7057 and 7058.
3. In census tract 001608, blocks 1007, 2003, 2004, 2005, 2006 and 2007.
4. In census tract 001713, blocks 1001, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.
5. In census tract 001801, blocks 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 2002, 2008, 2009, 2015, 2016, 2017, 2018 and 2021.
6. In census tract 002808, blocks 2000, 2004 and 2005.
7. In census tract 005339, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1040, 1041, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023.]
1. Census tracts 000513, 000515, 000517, 000519, 000527, 000528, 001607, 001608, 001610, 001611, 001612, 001613, 001714, 001715, 001716, 001718, 001801, 004703, 004707, 004709, 004710, 004712, 004713, 004714, 004716, 004717, 004910, 004911, 004912, 004914, 004915, 004916, 004917, 004918, 004920, 004921, 004924, 006201, 006202, 006203 and 007100.
2. In census tract 000514:
(a) Block groups 1, 2, 3 and 5.
(b) Blocks 4000, 4001, 4002 and 4003.
3. In census tract 001502, block groups 1, 3 and 4.
4. In census tract 001609:
(a) Block groups 3 and 4.
(b) Blocks 2005 and 2006.
κ2011 Statutes of Nevada, Page 1539 (CHAPTER 276, AB 570)κ
5. In census tract 001709, blocks 1025, 1026, 1027 and 1028.
6. In census tract 001710:
(a) Block group 2.
(b) Blocks 1008, 1009, 1012, 1014, 1015, 1016, 1017, 1018, 1019 and 1020.
7. In census tract 001713, blocks 1000, 1001, 1002, 1003, 1013 and 1014.
8. In census tract 001803, blocks 2000, 2001, 2002, 2003, 2004 and 2005.
9. In census tract 001804, block group 1.
10. In census tract 002822, blocks 1000, 1001, 1002, 1003, 1004, 1018, 1019, 1020, 1021, 2000, 2001, 2002, 2003, 2004, 2005, 2014, 2015 and 2016.
11. In census tract 004715, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1028, 1029, 2001, 2002, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017.
12. In census tract 004907, blocks 1016 and 1017.
13. In census tract 004919, blocks 1001 and 1006.
14. In census tract 004926:
(a) Block group 1.
(b) Blocks 2008 and 2009.
15. In census tract 005006, block groups 2 and 5.
16. In census tract 005010, block groups 1 and 3.
17. In census tract 005011:
(a) Block group 1.
(b) Blocks 2000, 2001, 2002, 2003, 2004, 2005 and 2006.
18. In census tract 006204:
(a) Block group 2.
(b) Blocks 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016 and 1017.
19. In census tract 007800, block 2012.
Sec. 6. NRS 396.044 is hereby amended to read as follows:
396.044 District 5 consists of, in Clark County:
[1. Census tracts 000503, 000504, 000510, 000511, 000514, 000516, 000518, 001200, 001300, 001400, 001500, 001609, 001901, 001902, 004000, 004100, 004200 and 004300.
2. Census voting districts 2018, 2020, 2062, 2067, 2069, 4008, 4011, 4012, 4013, 4014 and 4039.
3. In census tract 000400, blocks 5002, 5003, 5004, 5011 and 5012.
4. In census tract 000512, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2014 and 2015.
5. In census tract 000517, blocks 1000, 1001, 1002, 1003, 1004, 1005, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008 and 3009.
6. In census tract 000519, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011 and 3012.
7. In census tract 000700, block 1000.
κ2011 Statutes of Nevada, Page 1540 (CHAPTER 276, AB 570)κ
8. In census tract 001608, blocks 2001 and 2002.
9. In census tract 003800, blocks 4000, 4002, 4003 and 4004.
10. In census tract 004400, blocks 1005, 1006, 1007, 1008, 1017, 1018, 1019, 2002 and 4012.
11. In census tract 004500, blocks 2000, 2001, 2002, 2003, 2005, 2006, 2007, 2008, 3014 and 3015.
12. In census tract 004600, blocks 1002, 1012, 1017, 1019, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015.
13. In census tract 004707, blocks 1002, 1003, 1004, 1005, 1006, 1007, 1008 and 1009.
14. In census tract 004710, blocks 1004, 1005 and 1006.
15. In census tract 004713, blocks 1002, 1003, 1010, 1011 and 1012.
16. In census tract 004717, blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011 and 1012.]
1. Census tracts 000510, 000516, 000518, 000520, 000521, 000522, 000523, 000524, 000525, 000526, 000600, 001100, 001200, 001300, 001401, 001402, 001501, 001901, 001902, 002000, 002201, 002203, 002204, 002206, 002207, 002302, 002303, 002403, 002404, 002935, 002937, 002938, 002942, 002946, 002948, 002954, 002964, 002965, 002966, 002995, 002996, 004000, 004100, 004200, 004301, 004302, 004401 and 004402.
2. In census tract 000204, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2040.
3. In census tract 000402:
(a) Block group 2.
(b) Blocks 1004, 1005, 1006, 1007, 1008, 3000, 3001, 3002, 3005, 3006, 3007 and 3008.
4. In census tract 000403:
(a) Block groups 2 and 3.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019 and 1020.
5. In census tract 000514, block 4004.
6. In census tract 000700, blocks 4008, 4009 and 4017.
7. In census tract 000800, blocks 1007, 1008, 1017, 1018, 2006 and 2007.
8. In census tract 001502, block group 2.
9. In census tract 001609:
(a) Block group 1.
(b) Blocks 2000, 2001, 2002, 2003, 2004 and 2007.
10. In census tract 001803:
(a) Block group 1.
(b) Blocks 2006 and 2007.
11. In census tract 001804, block groups 2 and 3.
12. In census tract 002501, blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014 and 1015.
13. In census tract 002956, blocks 1003 and 1004.
14. In census tract 003800:
(a) Block groups 1, 2 and 5.
(b) Blocks 3006, 3012, 3013, 3014, 3015, 4000, 4001, 4002, 4003 and 4004.
κ2011 Statutes of Nevada, Page 1541 (CHAPTER 276, AB 570)κ
15. In census tract 004500:
(a) Block groups 2, 3 and 4.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1008, 1009, 1011, 1012, 1013 and 1014.
16. In census tract 004601:
(a) Block group 3.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1009, 1010, 1011, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2010, 2011, 2012 and 2013.
17. In census tract 004602:
(a) Block group 2.
(b) Blocks 1007, 1008, 1009, 1010, 1012, 1013, 1014, 1015, 1016, 1017, 1018 and 1019.
18. In census tract 006700, blocks 1009, 1010, 1011 and 1012.
Sec. 7. NRS 396.0445 is hereby amended to read as follows:
396.0445 District 6 consists of, in Clark County:
[1. Census tracts 001606, 001607, 001610, 001611, 001612, 001613, 001710, 001716, 004708, 004709, 004907, 004910, 004911, 004912, 004914, 004915, 004916, 004917, 004918, 004919, 004920, 004921, 004922, 004923, 004924, 005005, 005006, 005007, 005008, 005009, 005012, 005411, 005412, 005421, 005422, 005423 and 006103.
2. Census voting districts 1026, 1032, 1043, 2065, 2070, 2123, 2124 and 2126.
3. In census tract 000512, blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012 and 3013.
4. In census tract 000517, blocks 2000, 2001, 2002 and 2003.
5. In census tract 000519, block 3000.
6. In census tract 001608, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1008, 1009, 1010, 1011, 1012, 2000 and 2008.
7. In census tract 001713, block 1000.
8. In census tract 001714, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011 and 1012.
9. In census tract 001801, blocks 2000 and 2001.
10. In census tract 004707, blocks 1000, 1001, 1010, 2000, 2001, 2002, 2003, 2004, 2005, 2006 and 2007.
11. In census tract 004710, blocks 1000, 1001, 1002, 1003, 1007, 1008, 1009, 1010, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008.
12. In census tract 006101, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1015, 1016, 1017, 1052, 2000, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030 and 2031.
13. In census tract 006201, block 2000.
14. In census tract 006202, block 1003.]
1. Census tracts 002976, 002977, 002978, 002979, 002980, 002981, 002982, 002983, 002984, 002985, 004923, 004925, 005005, 005007, 005013, 005014, 005015, 005421, 005422, 005423, 005432, 005433, 005434, 005436, 005437, 005438, 005439, 005702, 005704, 005705, 005713, 005830, 005833, 005834, 005835, 005836, 005837, 005838, 005839 and 006103.
κ2011 Statutes of Nevada, Page 1542 (CHAPTER 276, AB 570)κ
2. In census tract 002831, blocks 1004 and 1017.
3. In census tract 002841, blocks 1010, 1011 and 1068.
4. In census tract 002842, blocks 1016, 1017 and 1018.
5. In census tract 002961, blocks 1019 and 1020.
6. In census tract 002962, blocks 1076, 1077, 1078, 1079, 1080, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131 and 1133.
7. In census tract 002974, block 2009.
8. In census tract 002975, block 1021.
9. In census tract 004907:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015 and 1018.
10. In census tract 004919:
(a) Block group 2.
(b) Blocks 1000, 1002, 1003, 1004, 1005 and 1007.
11. In census tract 004926, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006 and 2007.
12. In census tract 005006, block groups 1, 3 and 4.
13. In census tract 005016, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1009, 1010, 1011, 1012, 1013, 1014, 1025, 1034, 1035, 1036, 1049, 1050, 1051, 1052, 1053 and 1054.
14. In census tract 005017, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030 and 1031.
15. In census tract 005343, block 1036.
16. In census tract 005435:
(a) Block group 1.
(b) Blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032 and 2033.
17. In census tract 005502, block 1028.
18. In census tract 005613, blocks 4152, 4153, 4154, 4155, 4156, 4157, 4158, 4161, 4162, 4163, 4164, 4165, 4166, 4167, 4168, 4169, 4170, 4171, 4172, 4173, 4174, 4175, 4176, 4177, 4178, 4179, 4180, 4181, 4182, 4183, 4184, 4190, 4191, 4192, 4193, 4194, 4195, 4196, 4197, 4198, 4199, 4200, 4201, 4202, 4203, 4204, 4205, 4206, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217, 4223, 4224, 4226, 4227, 4228, 4229, 4231, 4232, 4233, 4234, 4235, 4236, 4237, 4238, 4239, 4240, 4241, 4242, 4243, 4244, 4245, 4246, 4247, 4248, 4249, 4250, 4251, 4252, 4253, 4254, 4255, 4256, 4257, 4258, 4259, 4260, 4261, 4262, 4263, 4264, 4265, 4266, 4267, 4268, 4269, 4270, 4271, 4272, 4273, 4274, 4275, 4276, 4277, 4278, 4279, 4280, 4281, 4282, 4283, 4284, 4285, 4286, 4287, 4288, 4289, 4290, 4291, 4292, 4293, 4294, 4295, 4296, 4297, 4298, 4299, 4300, 4301, 4302, 4303, 4304, 4305, 4306, 4307, 4308, 4309, 4310, 4311, 4312, 4313, 4314, 4315, 4316, 4317, 4318, 4319, 4320, 4321, 4322, 4323, 4324, 4325, 4326, 4327, 4328, 4329, 4330, 4331, 4332, 4333, 4334, 4335, 4336, 4337, 4338, 4339, 4340, 4341, 4342, 4343, 4344, 4345, 4346, 4347, 4348, 4349, 4350, 4352, 4357, 4404, 4405, 4406 and 4407.
κ2011 Statutes of Nevada, Page 1543 (CHAPTER 276, AB 570)κ
19. In census tract 005703:
(a) Block groups 1 and 3.
(b) Blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2050, 2056, 2057, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097, 2098, 2099, 2100, 2101, 2102, 2103, 2104, 2105, 2106, 2107, 2108, 2109, 2110, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2128, 2129, 2130, 2131, 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2148, 2149, 2150, 2151, 2152, 2153, 2154, 2155, 2156, 2157, 2158, 2159, 2160, 2161, 2162, 2163, 2164, 2165, 2166, 2167, 2168, 2169, 2170, 2171, 2172, 2173, 2174, 2175, 2176, 2177, 2178, 2179, 2180, 2181, 2182, 2183, 2184, 2185, 2186, 2187, 2188, 2189, 2190, 2191, 2192, 2193, 2194, 2195, 2196, 2197, 2198, 2199, 2200, 2201, 2202, 2203, 2204, 2205, 2206, 2207, 2208, 2209, 2210, 2211, 2212, 2213, 2214, 2215, 2216, 2217, 2218, 2219, 2220, 2221, 2222, 2223, 2224, 2225, 2226, 2227, 2228, 2229, 2230, 2231, 2232, 2233, 2234, 2235, 2236, 2237, 2238, 2239, 2240, 2241, 2242, 2243, 2244, 2245, 2246, 2247, 2248, 2249, 2250, 2251, 2252, 2253, 2254, 2255, 2256, 2257, 2258, 2259, 2260, 2261, 2262, 2263, 2264, 2265, 2266, 2267, 2268, 2269, 2270, 2271, 2272, 2273, 2274, 2275, 2276, 2277, 2278, 2279, 2280, 2281, 2282, 2283, 2284, 2285, 2286, 2287, 2288, 2289, 2290, 2291, 2292, 2293, 2294, 2295, 2296, 2297, 2298, 2299, 2300, 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2308, 2309, 2310, 2311, 2312, 2313, 2314, 2315, 2316, 2317, 2318, 2319, 2320, 2321, 2322, 2323, 2324, 2325, 2326, 2327, 2328, 2329, 2330, 2331, 2332, 2333, 2334, 2335, 2336, 2337, 2338, 2339, 2340, 2341, 2342, 2343, 2344, 2345, 2346, 2347, 2348, 2349, 2350, 2351, 2352, 2353, 2354, 2355, 2356, 2357, 2358, 2359, 2360, 2361, 2362, 2363, 2364, 2365, 2366, 2367, 2368, 2369, 2370, 2371, 2372, 2373, 2374, 2375, 2376, 2377, 2378, 2379, 2380, 2381, 2382, 2383, 2384, 2385, 2386, 2387, 2388, 2389, 2390, 2391, 2392, 2393, 2394, 2395, 2396, 2397, 2398, 2399, 2400, 2401, 2402, 2403, 2404, 2405, 2406, 2407, 2408, 2409, 2410, 2411, 2412, 2413, 2414, 2415, 2416, 2417, 2418, 2419, 2420, 2421, 2422, 2423, 2424, 2425, 2426, 2427, 2428, 2429, 2430, 2431, 2432, 2433, 2434, 2435, 2436, 2437, 2438, 2439, 2440, 2441, 2442, 2443, 2444, 2445, 2446, 2447, 2448, 2449, 2450, 2451, 2452, 2453, 2454, 2455, 2456, 2457, 2458, 2459, 2460, 2461, 2462, 2463, 2464, 2465, 2466, 2467, 2468, 2469, 2470, 2471, 2472, 2473, 2474, 2475, 2476, 2477, 2478, 2479, 2480, 2481, 2482, 2483, 2484, 2485, 2486, 2487, 2488, 2489, 2490, 2491, 2492, 2493, 2494, 2495, 2496, 2497, 2498, 2499, 2500, 2501, 2502, 2503, 2504, 2505, 2506, 2507, 2508, 2509, 2510, 2511, 2512, 2513, 2514, 2515, 2516, 2517, 2518, 2519, 2520, 2521, 2522, 2523, 2524, 2525, 2526, 2527, 2528, 2529, 2530, 2531, 2532, 2533, 2534, 2535, 2536, 2537, 2538, 2539, 2540, 2541, 2542, 2543, 2544, 2545, 2546, 2547, 2548, 2549, 2550, 2551, 2552, 2553, 2554, 2555, 2556, 2557, 2558, 2559, 2560, 2561, 2562, 2563, 2564, 2565, 2566, 2567, 2568, 2569, 2570, 2571, 2572, 2573, 2574, 2575, 2576, 2577, 2578, 2579, 2580, 2581, 2582, 2583, 2584, 2585, 2586, 2587, 2588, 2589, 2590, 2591, 2592, 2593, 2594, 2595, 2596, 2597 and 2598.
κ2011 Statutes of Nevada, Page 1544 (CHAPTER 276, AB 570)κ
20. In census tract 005711, blocks 1048, 1089, 1090, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1140, 1141, 1142, 1143 and 1144.
21. In census tract 005712:
(a) Block group 2.
(b) Blocks 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221 and 1222.
22. In census tract 005714, blocks 2003, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5025, 5026 and 5027.
23. In census tract 005715, blocks 2024, 2025, 2026, 2032 and 4019.
24. In census tract 005716:
(a) Block groups 1 and 2.
(b) Blocks 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031 and 3032.
25. In census tract 005827, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1122, 1123, 1124, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1293, 1294, 1302, 1303, 1305, 1308, 1309, 1310, 1311 and 1317.
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26. In census tract 005831, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1059 and 1061.
27. In census tract 005832, block 1073.
28. In census tract 006104:
(a) Block group 2.
(b) Blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1067, 1068, 1069, 1070 and 1071.
29. In census tract 007200, block groups 1, 3 and 4.
Sec. 8. NRS 396.045 is hereby amended to read as follows:
396.045 District 7 consists of, in Clark County:
[1. Census tracts 002915, 002916, 002919, 002939, 002940, 002941, 002944, 002950, 002951, 002952, 002953, 002957, 003003, 003210, 003211, 003212, 003213, 003214, 003215, 003216, 003217, 003218, 003219, 003220, 003221, 003222, 003223, 003224, 003225, 003226, 003227, 003418, 003421, 005804 and 005805.
2. Census voting districts 6011, 6012 and 6013.
3. In census tract 003004, blocks 1000, 1001, 1002, 2001, 2002, 2003, 2004, 2005 and 2006.
4. In census tract 003005, blocks 3000, 3001, 3002, 3003, 3004, 4003, 4004 and 4005.
5. In census tract 003006, blocks 3002, 3003, 3004, 3005, 3006 and 3007.
6. In census tract 003415, blocks 1000, 1001, 2002 and 2003.
7. In census tract 005803, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 2000, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009 and 3010.
8. In census tract 005810, blocks 1003 and 1005.]
1. Census tracts 002915, 002916, 002919, 002939, 002940, 002941, 002944, 002950, 002951, 002952, 002953, 002957, 003003, 003208, 003210, 003211, 003213, 003214, 003215, 003218, 003219, 003220, 003222, 003223, 003226, 003227, 003239, 003240, 003241, 003242, 003243, 003244, 003245, 003246, 003247, 003248, 003249, 003250, 003251, 003252, 003253, 003254, 003260, 003261, 003262, 005803, 005804 and 005805.
2. In census tract 003004:
(a) Block group 1.
(b) Blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011.
3. In census tract 003005:
(a) Block groups 1, 2 and 3.
(b) Blocks 4003, 4004 and 4005.
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4. In census tract 003006:
(a) Block groups 1 and 2.
(b) Blocks 3002, 3003, 3004, 3005, 3006 and 3007.
5. In census tract 003238:
(a) Block group 1.
(b) Blocks 2014, 3000, 3019, 3020 and 3021.
6. In census tract 003408:
(a) Block group 3.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1038, 1039, 1040, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012.
7. In census tract 003411, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017.
8. In census tract 003415, blocks 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012 and 1013.
9. In census tract 003418:
(a) Block groups 1 and 3.
(b) Blocks 2001, 2002, 2003 and 2004.
10. In census tract 003421:
(a) Block groups 1 and 2.
(b) Blocks 3001, 3002, 3003, 3004, 3005 and 3006.
11. In census tract 005823, blocks 1033 and 1034.
12. In census tract 005843, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007 and 1008.
Sec. 9. NRS 396.0451 is hereby amended to read as follows:
396.0451 District 8 consists of [Churchill County, Elko County, Esmeralda County, Eureka County, Humboldt County, Lander County, Lincoln County, Mineral County, Nye County, Pershing County and White Pine County.] :
1. Elko County, Eureka County, Humboldt County, Lincoln County, Nye County and White Pine County.
2. In Clark County:
(a) Census tracts 005607, 005612, 005614, 005615, 005818, 005828, 005829, 005855, 005856, 005903, 005904, 005905, 007600 and 007800.
(b) In census tract 003229, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1017, 1018, 1019, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1040, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1051 and 1055.
(c) In census tract 003628, blocks 1068, 1069, 1070, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1095, 1096, 1104 and 1113.
(d) In census tract 005613:
(1) Block groups 1, 2, 3 and 5.
(2) Blocks 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057,
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4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4066, 4067, 4068, 4069, 4070, 4071, 4072, 4073, 4074, 4075, 4076, 4077, 4078, 4079, 4080, 4081, 4082, 4083, 4084, 4085, 4086, 4087, 4088, 4089, 4090, 4091, 4092, 4093, 4094, 4095, 4096, 4097, 4098, 4099, 4100, 4101, 4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110, 4111, 4112, 4113, 4114, 4115, 4116, 4117, 4118, 4119, 4120, 4121, 4122, 4123, 4124, 4125, 4126, 4127, 4128, 4129, 4130, 4131, 4132, 4133, 4134, 4135, 4136, 4137, 4138, 4139, 4140, 4141, 4142, 4143, 4144, 4145, 4146, 4147, 4148, 4149, 4150, 4151, 4159, 4160, 4185, 4186, 4187, 4188, 4189, 4218, 4219, 4220, 4221, 4222, 4225, 4230, 4351, 4353, 4354, 4355, 4356, 4358, 4359, 4360, 4361, 4362, 4363, 4364, 4365, 4366, 4367, 4368, 4369, 4370, 4371, 4372, 4373, 4374, 4375, 4376, 4377, 4378, 4379, 4380, 4381, 4382, 4383, 4384, 4385, 4386, 4387, 4388, 4389, 4390, 4391, 4392, 4393, 4394, 4395, 4396, 4397, 4398, 4399, 4400, 4401, 4402, 4403, 4408, 4409 and 4410.
(e) In census tract 005823, blocks 1005, 1007, 1011, 1012, 1013, 1016, 1017, 1018, 1022, 1024, 1025, 1036, 1040 and 1041.
(f) In census tract 005827:
(1) Block group 2.
(2) Blocks 1028, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1096, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1121, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1244, 1292, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1304, 1306, 1307, 1312, 1313, 1314, 1315, 1316, 1318 and 1319.
(g) In census tract 005831, blocks 1047, 1048, 1049, 1058 and 1060.
(h) In census tract 005832, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1074 and 1075.
(i) In census tract 005840, blocks 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1093, 1094, 1095, 1097, 1098, 1099, 1100, 1101, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1119, 1120 and 1121.
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(j) In census tract 005854, blocks 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 3002, 3004, 3005, 3006, 3007, 3008 and 3009.
(k) In census tract 005902:
(1) Block group 2.
(2) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1251, 1254, 1255, 1256, 1259, 1261, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392, 1393, 1394, 1395, 1396, 1397, 1398, 1399, 1400, 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1430, 1431, 1432, 1433, 1434, 1435, 1436, 1437, 1438, 1439, 1440, 1441, 1442, 1443, 1444, 1445, 1446, 1447, 1448, 1449, 1450, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1458, 1459, 1460, 1461, 1462, 1463, 1464, 1465, 1466, 1467, 1468, 1477, 1478, 1483, 1484, 1485, 1486, 1487, 1488, 1489, 1490, 1491, 1492, 1493, 1494, 1495, 1496, 1498, 1499, 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 1519, 1520, 1521, 1522, 1523, 1524, 1525, 1526, 1527, 1528, 1529, 1530, 1531, 1532, 1533, 1534, 1535, 1536, 1537, 1538, 1539, 1540, 1541, 1542, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1551, 1552, 1553, 1554, 1555, 1556, 1557, 1558, 1559, 1560, 1561, 1562, 1563, 1564, 1565, 1566, 1567, 1568, 1569, 1570, 1571, 1572, 1573, 1574, 1575, 1576, 1577, 1578, 1579, 1580, 1581, 1582, 1583, 1584,
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1548, 1549, 1550, 1551, 1552, 1553, 1554, 1555, 1556, 1557, 1558, 1559, 1560, 1561, 1562, 1563, 1564, 1565, 1566, 1567, 1568, 1569, 1570, 1571, 1572, 1573, 1574, 1575, 1576, 1577, 1578, 1579, 1580, 1581, 1582, 1583, 1584, 1585, 1586, 1587, 1588, 1589, 1590, 1591, 1592, 1593, 1594, 1595, 1596, 1597, 1598, 1599, 1600, 1601, 1602, 1603, 1604, 1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1616, 1617, 1618, 1619, 1620, 1621, 1622, 1623, 1624, 1625, 1626, 1627, 1628, 1629, 1630, 1631, 1632, 1633, 1634, 1635, 1636, 1637, 1638, 1639, 1640, 1641, 1642, 1643, 1644, 1645, 1646, 1647, 1648, 1649, 1650, 1651, 1652, 1653, 1654, 1655, 1656, 1657, 1658, 1659, 1660, 1661, 1662, 1663, 1664, 1665, 1666, 1667, 1668, 1669, 1670, 1671, 1672, 1673, 1674, 1675, 1676 and 1677.
(l) In census tract 006001:
(1) Block groups 4 and 5.
(2) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1040, 2000, 2001, 2002, 2003, 2005 and 3000.
(m) In census tract 006104, blocks 1000 and 1066.
(n) In census tract 006204, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034 and 1035.
(o) In census tract 007200, block group 2.
(p) In census tract 007500, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1015, 1016, 1017, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1080, 1081, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214 and 1215.
Sec. 10. NRS 396.0453 is hereby amended to read as follows:
396.0453 District 9 consists of:
[1. Carson City, Douglas County, Lyon County and Storey County.
2. In Washoe County:
(a) Census tracts 003201, 003302 and 003304.
(b) Census voting districts 0134, 0145, 0148, 0764, 0771, 0790, 0797, 0814, 0819, 0825, 0844, 0887, 0929, 0932 and 0933.
(c) In census tract 001006, blocks 2026, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2112, 2113, 3036, 3037, 3038, 3039, 3041, 3042, 3043, 3044, 3045, 3046, 3047 and 3048.
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2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2112, 2113, 3036, 3037, 3038, 3039, 3041, 3042, 3043, 3044, 3045, 3046, 3047 and 3048.
(d) In census tract 001007, blocks 2016, 2017, 2018, 2019, 2020, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3038, 3039, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3051, 3052, 3053, 3054, 3055 and 3056.
(e) In census tract 002300, blocks 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2093, 2094, 2095, 2096, 2097, 2098, 2102, 2103, 2104, 2109, 2110, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2119 and 2995.
(f) In census tract 003202, blocks 1008, 1009, 1024, 1025, 1026, 2000, 2001, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5036, 5037, 5038, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5053, 5054, 5055, 5056, 5057, 5058, 5059, 5998 and 5999.]
1. Carson City, Churchill County, Douglas County, Esmeralda County, Lander County, Lyon County, Mineral County and Storey County.
2. In Washoe County:
(a) Census tracts 003305, 003306, 003307, 003309 and 990000.
(b) In census tract 003202:
(1) Block groups 1, 3 and 4.
(2) Blocks 2000, 2001, 2002, 2041, 2042, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 5018, 5021, 5022, 5023, 5024, 5025, 5026, 5027, 5028, 5029, 5030, 5031, 5032, 5033, 5034, 5035, 5036, 5037, 5038, 5039, 5040, 5041, 5042, 5043 and 5044.
(c) In census tract 003203, blocks 1057 and 1058.
(d) In census tract 003204:
(1) Block group 1.
(2) Blocks 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2036, 2037, 2038, 2039, 2040, 2041, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2093, 2094, 2095 and 2096.
(e) In census tract 003308, blocks 1018, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 3011, 3012 and 3013.
Sec. 11. NRS 396.0455 is hereby amended to read as follows:
396.0455 District 10 consists of, in Washoe County:
[1. Census tracts 000200, 000300, 000400, 000700, 000900, 001003, 001004, 001005, 001101, 001103, 001104, 001105, 001200, 001300, 002101, 002104, 002105, 002106, 002203, 002204, 002205 and 002406.
2. Census voting districts 0101, 0144, 0222, 0254, 0306, 0307, 0333, 0340, 0342, 0343, 0345, 0353, 0400, 0402, 0410, 0413, 0444, 0446, 0503, 0504, 0509, 0511, 0512, 0513, 0534, 0535, 0537, 0539, 0710, 0731, 0769, 0779, 0787, 0798, 0834, 0847, 0879, 0917, 0935, 0936, 0938 and 0945.
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3. In census tract 000100, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 5002, 5003, 5004, 5005, 5010, 5011, 5012, 5013, 5014, 5015, 5019, 5020, 5021, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5051 and 5052.
4. In census tract 001006, blocks 2004, 2005, 2006, 2007, 2008, 2009, 2014, 2015, 2016, 2018, 2029, 3014 and 3035.
5. In census tract 001007, blocks 2001, 2002, 2003, 2004, 2005, 2014, 2015, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3008, 3009, 3010, 3011, 3012, 3023, 3024, 3025, 3026 and 3050.
6. In census tract 001500, blocks 3011 and 3013.
7. In census tract 001700, blocks 1023, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 5003, 5004, 5005, 5006, 5007 and 5008.
8. In census tract 001800, blocks 3007, 3009, 3010, 3011, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 5001, 5002, 5003, 5004, 5005, 5009, 5010 and 5011.
9. In census tract 002103, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 2001, 2002, 2003, 2004, 2006, 2012, 2013, 2014, 2015, 2016, 2020, 2021 and 2022.
10. In census tract 002202, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1022, 1025, 1026, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2026, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036 and 2037.
11. In census tract 002401, blocks 1001, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2022 and 2023.
12. In census tract 002402, blocks 2080, 2087 and 3024.
13. In census tract 002500, blocks 1009, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3025 and 3026.
14. In census tract 003202, blocks 1005, 1006 and 1007.]
1. Census tracts 000101, 000201, 000202, 000300, 000400, 000700, 000900, 001005, 001008, 001009, 001010, 001011, 001012, 001013, 001014, 001015, 001101, 001103, 001104, 001105, 001201, 001202, 001300, 001801, 002104, 002105, 002106, 002107, 002204, 002205, 002206, 002207, 002208, 002209, 002210, 002211, 002212, 002302, 002406, 002407, 002408, 002409, 002410, 002411, 980000 and 980300.
2. In census tract 000102:
(a) Block groups 2 and 3.
(b) Blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1051, 1052, 1053 and 1055.
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3. In census tract 001400, blocks 1029 and 1030.
4. In census tract 001501, blocks 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010 and 4011.
5. In census tract 001502, block groups 2 and 5.
6. In census tract 001701:
(a) Block group 2.
(b) Blocks 1001, 1002, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016 and 1017.
7. In census tract 001702, blocks 2002, 2003, 2004, 2005, 2006, 2007, 2014, 2015, 3001, 3002, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021 and 3022.
8. In census tract 001802, blocks 1001, 1003, 1004, 1006, 1007, 1008, 1009, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2017 and 2018.
9. In census tract 002103:
(a) Block group 1.
(b) Blocks 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037 and 2038.
10. In census tract 002301:
(a) Block groups 1, 2 and 4.
(b) Blocks 3001, 3002, 3005, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055 and 3056.
11. In census tract 002401:
(a) Block group 2.
(b) Blocks 1003, 1004, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027 and 1028.
12. In census tract 002412:
(a) Block group 1.
(b) Blocks 2002, 2003, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036 and 2037.
13. In census tract 002500, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 3012, 3014, 3015, 3017 and 3018.
14. In census tract 003202, blocks 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2043, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5019, 5020, 5045 and 5046.
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15. In census tract 003203:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1059, 1060, 1061 and 1062.
16. In census tract 003204, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2035, 2042, 2097, 2098 and 2099.
17. In census tract 003308:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1019, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028 and 3029.
18. In census tract 980200, blocks 1013, 1014, 1018, 1019, 1020 and 1026.
Sec. 12. NRS 396.0456 is hereby amended to read as follows:
396.0456 District 11 consists of [, in Washoe County:
1. Census tracts 001400, 001901, 001902, 002603, 002604, 002605, 002606, 002607, 002701, 002702, 002801, 002802, 002901, 002902, 003000, 003101, 003105, 003106, 003107, 003108, 003501, 003502, 003503, 003504, 003505, 003506, 003507 and 940100.
2. Census voting districts 0401, 0404, 0419, 0423, 0432, 0433, 0443, 0450, 0528, 0530, 0540, 0623, 0747, 0748, 0751, 0752, 0848, 0913, 0914, 0916 and 0934.
3. In census tract 000100, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 5000, 5001, 5006, 5007, 5008, 5009, 5053 and 5054.
4. In census tract 001006, blocks 2110, 2111, 2114, 2115, 2116, 2117, 2118, 2119, 2120, 2121 and 2999.
5. In census tract 001500, blocks 1000, 1001, 2002, 3012 and 3017.
6. In census tract 001700, blocks 1000, 1001, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1020, 1021, 1022, 1024, 1025, 1026, 2000, 2001, 2002, 5000, 5001, 5002, 5012, 5013 and 5014.
7. In census tract 001800, blocks 4014, 4015, 4016, 5000, 5006, 5007 and 5008.
8. In census tract 002103, blocks 2000 and 2999.
9. In census tract 002300, blocks 1002, 1003, 1004, 1016, 1017, 1018, 2000, 2001, 2003, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2092, 2143, 2144 and 2994.
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2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2092, 2143, 2144 and 2994.
10. In census tract 002401, block 2021.
11. In census tract 002402, blocks 1006, 1007, 1008, 1009, 1024, 2066, 2081, 2082 and 2083.
12. In census tract 002500, blocks 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2015, 2016, 2017, 2018, 2019, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023 and 3024.
13. In census tract 002609, blocks 1000, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1032, 1033, 1034, 1036, 1037, 1038, 1039, 1041, 1044, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2037, 2038 and 2039.] :
1. Pershing County.
2. In Washoe County:
(a) Census tracts 001901, 001902, 002603, 002610, 002611, 002612, 002613, 002614, 002615, 002616, 002617, 002618, 002619, 002703, 002704, 002705, 002706, 002707, 002801, 002802, 002901, 002902, 003000, 003101, 003105, 003106, 003108, 003109, 003110, 003501, 003503, 003504, 003507, 003508, 003509, 003510, 003511, 003512, 003513, 003514, 003515, 940200, 980100 and 990100.
(b) In census tract 000102, blocks 1000, 1011, 1049, 1050 and 1054.
(c) In census tract 001400:
(1) Block group 2.
(2) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028 and 1031.
(d) In census tract 001501:
(1) Block groups 1, 2 and 3.
(2) Blocks 4012 and 4013.
(e) In census tract 001502, block groups 1, 3 and 4.
(f) In census tract 001701, blocks 1000, 1003, 1004, 1005 and 1006.
(g) In census tract 001702:
(1) Block group 1.
(2) Blocks 2000, 2001, 2008, 2009, 2010, 2011, 2012, 2013, 3000, 3003, 3004 and 3005.
(h) In census tract 001802, blocks 1000, 1002, 1005, 1010, 1011, 2013, 2014, 2015, 2016, 2019 and 2020.
(i) In census tract 002103, blocks 2000, 2001, 2002 and 2011.
(j) In census tract 002301, blocks 3000, 3003, 3004 and 3006.
(k) In census tract 002401, blocks 1000, 1001, 1002 and 1005.
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(l) In census tract 002412, blocks 2000, 2001, 2004 and 2014.
(m) In census tract 002500:
(1) Block group 2.
(2) Blocks 1000, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3013 and 3016.
(n) In census tract 980200, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1015, 1016, 1017, 1021, 1022, 1023, 1024 and 1025.
Sec. 13. NRS 396.0457 is hereby amended to read as follows:
396.0457 District 12 consists of, in Clark County:
[1. Census tracts 003203, 003204, 003205, 003206, 003207, 003208, 003209, 003301, 003302, 003303, 003304, 003305, 003306, 003408, 003409, 003410, 003411, 003606, 003608, 005431, 005432, 005433, 005501, 005503, 005504, 005606, 005607, 005608, 005609, 005611, 005612, 005613 and 005901.
2. Census voting districts 1007, 2046, 2047, 2048, 2106, 2140, 3131 and 3136.
3. In census tract 003413, blocks 2000, 2001, 2002, 2003, 2011, 2019, 2020, 2021, 2022, 2024 and 2025.
4. In census tract 003414, block 1021.
5. In census tract 003603, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1025, 1026, 1027, 1028, 1029, 1052, 1057, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1073 and 1074.
6. In census tract 003604, blocks 1000, 1008, 1009, 1010, 1011 and 1012.
7. In census tract 003605, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 2000, 2001, 2009, 2010, 2011, 2012, 2013, 2014, 2032, 2033, 2034 and 2035.
8. In census tract 003607, blocks 1000, 1004, 1005 and 1006.
9. In census tract 005502, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011.
10. In census tract 005710, blocks 1000, 1009, 1010, 1011, 1012 and 1013.
11. In census tract 005817, blocks 1000 and 1163.
12. In census tract 005902, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1118, 1121, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145,
κ2011 Statutes of Nevada, Page 1556 (CHAPTER 276, AB 570)κ
1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1118, 1121, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1259, 1260, 1261, 1262, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041 and 9019.
13. In census tract 006000, blocks 9000, 9001, 9002, 9003, 9004, 9005, 9006, 9007, 9008, 9048, 9049 and 9055.
14. In census tract 006101, blocks 2001 and 2016.
15. In census tract 006102, blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029 and 3030.]
1. Census tracts 001706, 001707, 001708, 001711, 001712, 001717, 002505, 002808, 002821, 002823, 002824, 002825, 002826, 002827, 005012, 005101, 005102, 005103, 005104, 005105, 005106, 005107, 005108, 005109, 005200, 005311, 005312, 005313, 005314, 005316, 005335, 005336, 005341, 005342, 005353, 005354, 005356, 005357, 005358, 005359, 005360, 005501, 005503, 005504 and 006900.
2. In census tract 001709, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1029 and 1030.
3. In census tract 001710, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1010, 1011 and 1013.
4. In census tract 001713:
(a) Block group 2.
(b) Blocks 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023 and 1024.
5. In census tract 002501, blocks 1000, 1001, 1002, 1017, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3009 and 3010.
6. In census tract 002504:
(a) Block group 3.
(b) Blocks 2000, 2001, 2003, 2007 and 2008.
7. In census tract 002706, block group 2.
8. In census tract 002707, blocks 1000, 1001, 1002, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 2000, 2001, 2002, 2003, 2004, 2005, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 3000, 3001, 3002, 3003, 3004, 3008, 3009, 3010, 3011 and 3012.
9. In census tract 002822, blocks 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2017.
κ2011 Statutes of Nevada, Page 1557 (CHAPTER 276, AB 570)κ
10. In census tract 005010, block group 2.
11. In census tract 005011, blocks 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016.
12. In census tract 005016, blocks 1008, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047 and 1048.
13. In census tract 005017, blocks 1006, 1007, 1008 and 1009.
14. In census tract 005315:
(a) Block group 3.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010 and 1017.
15. In census tract 005317, block groups 1, 4 and 5.
16. In census tract 005343:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035 and 1037.
17. In census tract 005352, block group 2.
18. In census tract 005355, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1029, 1030, 1031, 1032, 1033, 1034, 1035 and 1036.
19. In census tract 005435, blocks 2007, 2008, 2009, 2010 and 2011.
20. In census tract 005502:
(a) Block groups 2, 3 and 4.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041 and 1042.
21. In census tract 005703, blocks 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2051, 2052, 2053, 2054, 2055 and 2058.
22. In census tract 005711, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1091, 1092, 1093, 1094, 1095, 1096, 1108, 1139, 1145, 1146 and 1184.
23. In census tract 005715, blocks 2029 and 3013.
24. In census tract 005716, block 3000.
25. In census tract 006800, blocks 4075 and 4076.
Sec. 14. NRS 396.046 is hereby amended to read as follows:
396.046 District 13 consists of, in Clark County:
[1. Census tracts 002815, 002816, 002835, 002836, 002912, 002925, 002942, 002948, 002956, 002958, 002960, 002961, 002962, 002963, 005331, 005332, 005702, 005703, 005704, 005705, 005806, 005807, 005808, 005809, 005811, 005812, 005813, 005816, 005818, 005819, 005820, 005821 and 940500.
κ2011 Statutes of Nevada, Page 1558 (CHAPTER 276, AB 570)κ
005331, 005332, 005702, 005703, 005704, 005705, 005806, 005807, 005808, 005809, 005811, 005812, 005813, 005816, 005818, 005819, 005820, 005821 and 940500.
2. Census voting districts 3138, 3188, 6040, 6042, 6062, 6066 and 6102.
3. In census tract 002814, blocks 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011.
4. In census tract 002831, blocks 1006, 1007, 1008, 1009, 1010, 1011 and 1012.
5. In census tract 002832, blocks 1014, 1015, 1016, 1017, 1018, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030 and 1031.
6. In census tract 002927, block 2000.
7. In census tract 002935, blocks 1007, 1010, 1011, 1012, 1013, 1014, 1015, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009.
8. In census tract 002936, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 2008, 2013, 2014 and 2015.
9. In census tract 002955, blocks 1007, 1008, 1011, 1012, 1013, 2000, 2001, 2002, 2003, 2004, 2005 and 2006.
10. In census tract 005322, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.
11. In census tract 005339, blocks 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039 and 1042.
12. In census tract 005502, block 1000.
13. In census tract 005710, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1014, 1015, 1016, 1017, 1018, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144 and 1145.
14. In census tract 005803, block 2001.
15. In census tract 005810, blocks 1000, 1001, 1002, 1004, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030 and 1034.
16. In census tract 005817, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1038, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1069, 1070, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1144, 1145, 1146, 1147, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162 and 1164.
κ2011 Statutes of Nevada, Page 1559 (CHAPTER 276, AB 570)κ
1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1144, 1145, 1146, 1147, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162 and 1164.
17. In census tract 005902, block 9011.]
1. Census tracts 002958, 002967, 002968, 002969, 002970, 003228, 003230, 003231, 003232, 003233, 003234, 003236, 003237, 003314, 003315, 003316, 005806, 005807, 005808, 005809, 005811, 005813, 005822, 005824, 005825, 005826, 005841, 005842, 005844, 005845, 005846, 005847, 005848, 005849, 005850, 005851, 005852 and 005853.
2. In census tract 002956:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1005, 1006, 1007, 1008, 1009, 1010, 1011 and 1012.
3. In census tract 002961:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1021 and 1022.
4. In census tract 002962, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1081, 1082, 1083, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1132 and 1134.
5. In census tract 002974:
(a) Block group 1.
(b) Blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008.
6. In census tract 002975:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019 and 1020.
7. In census tract 003204:
(a) Block groups 1, 2, 3 and 5.
(b) Blocks 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016 and 4017.
8. In census tract 003229:
(a) Block group 2.
(b) Blocks 1000, 1016, 1020, 1021, 1022, 1023, 1024, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1041, 1049, 1050, 1052, 1053, 1054, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066 and 1067.
9. In census tract 003235:
(a) Block group 2.
(b) Blocks 1000, 1001, 1002, 1006, 1007, 1008, 1009, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1020 and 1021.
10. In census tract 003238, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3022, 3023, 3024, 3025, 3026 and 3027.
κ2011 Statutes of Nevada, Page 1560 (CHAPTER 276, AB 570)κ
11. In census tract 003310, blocks 1000, 1001, 1002, 2000, 2001, 2002, 2003, 2004, 2005 and 2008.
12. In census tract 003312, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1033, 2000, 2001, 2002, 2003, 2004 and 2005.
13. In census tract 003313:
(a) Block group 1.
(b) Blocks 2000, 2001, 2002, 2003, 2004 and 2005.
14. In census tract 003317, block 2008.
15. In census tract 003320, blocks 1017 and 1018.
16. In census tract 005823, blocks 1000, 1001, 1002, 1003, 1004, 1006, 1008, 1009, 1010, 1014, 1015, 1019, 1020, 1021, 1023, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1035, 1037, 1038, 1039, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074 and 1075.
17. In census tract 005840, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1092, 1096, 1102, 1113, 1114, 1115, 1116, 1117 and 1118.
18. In census tract 005843:
(a) Block group 2.
(b) Blocks 1009, 1010 and 1011.
19. In census tract 005854:
(a) Block group 1.
(b) Blocks 2000, 2001, 2002, 3000, 3001 and 3003.
20. In census tract 006700, block 1030.
21. In census tract 007500, blocks 1014, 1018, 1028, 1039, 1078, 1079, 1082, 1083 and 1084.
Sec. 15. 1. Those members of the Board of Regents of the University of Nevada who were elected on November 4, 2008, shall serve out their term of office for which they were elected, and from January 8, 2013, until the expiration of their current term of office, such members shall represent the following districts:
(a) The member elected from District 2 shall represent District 2 described in NRS 396.0425, as amended by section 3 of this act.
(b) The member elected from District 5 shall represent District 5 described in NRS 396.044, as amended by section 6 of this act.
(c) The member elected from District 10 shall represent District 10 described in NRS 396.0455, as amended by section 11 of this act.
2. Those members of the Board of Regents of the University of Nevada who were elected on November 2, 2010, shall serve out their term of office for which they were elected, and from January 8, 2013, until the expiration of their current term of office, such members shall represent the following districts:
(a) The member elected from District 3 shall represent District 3 described in NRS 396.043, as amended by section 4 of this act.
κ2011 Statutes of Nevada, Page 1561 (CHAPTER 276, AB 570)κ
(b) The member elected from District 6 shall represent District 6 described in NRS 396.0445, as amended by section 7 of this act.
(c) The member elected from District 7 shall represent District 7 described in NRS 396.045, as amended by section 8 of this act.
(d) The member elected from District 8 shall represent District 8 described in NRS 396.0451, as amended by section 9 of this act.
(e) The member elected from District 11 shall represent District 11 described in NRS 396.0456, as amended by section 12 of this act.
(f) The member elected from District 13 shall represent District 13 described in NRS 396.046, as amended by section 14 of this act.
Sec. 16. 1. Notwithstanding the provisions of NRS 294A.330, the following members of the Board of Regents of the University of Nevada who were elected on November 7, 2006, may use the term reelect in any material, statement or publication supporting the election of members to represent the following districts as members of the Board of Regents:
(a) The member elected from District 1, if seeking election in 2012 to District 1 described in NRS 396.0415, as amended by section 2 of this act.
(b) The member elected from District 9, if seeking election in 2012 to District 9 described in NRS 396.0453, as amended by section 10 of this act.
(c) The member elected from District 12, if seeking election in 2012 to District 12 described in NRS 396.0457, as amended by section 13 of this act.
2. Notwithstanding the provisions of NRS 294A.330, the following members of the Board of Regents of the University of Nevada who were elected on November 4, 2008, may use the term reelect in any material, statement or publication supporting the election of members to represent the following districts as members of the Board of Regents:
(a) The member elected from District 2, if seeking election in 2014 to District 2 described in NRS 396.0425, as amended by section 3 of this act.
(b) The member elected from District 10, if seeking election in 2014 to District 10 described in NRS 396.0455, as amended by section 11 of this act.
3. Notwithstanding the provisions of NRS 294A.330, the following members of the Board of Regents of the University of Nevada who were elected on November 2, 2010, may use the term reelect in any material, statement or publication supporting the election of members to represent the following districts as members of the Board of Regents:
(a) The member elected from District 3, if seeking election in 2014 to District 3 described in NRS 396.043, as amended by section 4 of this act.
(b) The member elected from District 6, if seeking election in 2016 to District 6 described in NRS 396.0445, as amended by section 7 of this act.
(c) The member elected from District 7, if seeking election in 2016 to District 7 described in NRS 396.045, as amended by section 8 of this act.
(d) The member elected from District 8, if seeking election in 2016 to District 8 described in NRS 396.0451, as amended by section 9 of this act.
(e) The member elected from District 11, if seeking election in 2016 to District 11 described in NRS 396.0456, as amended by section 12 of this act.
4. This section does not authorize a person to seek election to an office for which he or she is otherwise ineligible.
Sec. 17. 1. The Legislature recognizes that:
(a) NRS 0.020 provides for the severability of the provisions of the Nevada Revised Statutes, including, without limitation, sections 1 to 14, inclusive, of this act;
κ2011 Statutes of Nevada, Page 1562 (CHAPTER 276, AB 570)κ
(b) NRS 0.020 does not expressly provide for the severability of transitory provisions contained in the Statutes of Nevada, including, without limitation, sections 15 to 18, inclusive, of this act;
(c) The various provisions of this act are intertwined to the extent that it may appear that the various provisions are inseparable; and
(d) Each district within the plan set forth in this act is subject to challenge and possible close scrutiny under state and federal law by the state and federal courts.
2. It is the intent of the Legislature that each district within the plan set forth in this act should remain effective regardless of the result of any court challenge to any other district within the same plan. To effectuate this intent, given the circumstances set forth in subsection 1, the Legislature sets forth the severability clause set forth in subsection 3.
3. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, the invalidity does not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 18. 1. This section and section 17 of this act become effective upon passage and approval.
2. Sections 15 and 16 of this act become effective on January 1, 2012.
3. Sections 1 to 14, inclusive, of this act become effective on January 1, 2012, for the purpose of filing for office and for nominating and electing members of the Board of Regents of the University of Nevada, and on January 8, 2013, for all other purposes.
________
κ2011 Statutes of Nevada, Page 1563κ
Senate Bill No. 361Senator Rhoads
CHAPTER 277
[Approved: June 10, 2011]
AN ACT relating to water; authorizing the issuance of a temporary permit to appropriate water to establish fire-resistant vegetative cover in certain areas; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill authorizes a person to apply to the State Engineer for the issuance of a temporary permit to appropriate water to establish vegetative cover that is resistant to fire in an area that has been burned by a wildfire or to prevent or reduce the impact of a wildfire in an area. The duration of such a temporary permit is limited to 1 year. Section 2 of this bill declares the use of water to prevent or reduce the impact of wildfires or to rehabilitate areas burned by wildfires as a policy of the State.
Sections 3-7 of this bill exempt an application for such a temporary permit from several requirements in existing law for applications for permits concerning water rights, including publication of notice of the application in a newspaper and authorization for the filing of protests against the granting of the application. This expedited process is similar to the process for the issuance of environmental permits by the State Engineer. (NRS 533.437-533.4377)
Section 8 of this bill requires the State Forester Firewarden, upon the request of the State Engineer, to review the plan for establishing the vegetative cover that is required to be submitted by the applicant for the temporary permit.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person may apply for a temporary permit to appropriate water to establish vegetative cover that is resistant to fire in an area that has been burned by a wildfire or to prevent or reduce the impact of a wildfire in an area.
2. In addition to the information required by NRS 533.335, an applicant for a temporary permit shall submit to the State Engineer:
(a) A plan for establishing vegetative cover that is resistant to fire in the area;
(b) Any other information which is necessary for a full understanding of the necessity of the appropriation; and
(c) For:
(1) Examining and filing the application for the temporary permit, $150.
(2) Issuing and recording the temporary permit, $200.
3. The State Engineer may forward a plan submitted pursuant to subsection 2 to the State Forester Firewarden for his or her review and comments.
4. The State Engineer shall approve an application for a temporary permit if:
κ2011 Statutes of Nevada, Page 1564 (CHAPTER 277, SB 361)κ
(a) The application is accompanied by the prescribed fees;
(b) The appropriation is in the public interest; and
(c) The appropriation does not impair water rights held by other persons.
5. A temporary permit issued pursuant to this section must not exceed 1 year in duration.
Sec. 2. NRS 533.024 is hereby amended to read as follows:
533.024 The Legislature declares that:
1. It is the policy of this State:
(a) To encourage and promote the use of effluent, where that use is not contrary to the public health, safety or welfare, and where that use does not interfere with federal obligations to deliver water of the Colorado River.
(b) To recognize the importance of domestic wells as appurtenances to private homes, to create a protectable interest in such wells and to protect their supply of water from unreasonable adverse effects which are caused by municipal, quasi-municipal or industrial uses and which cannot reasonably be mitigated.
(c) To encourage the State Engineer to consider the best available science in rendering decisions concerning the available surface and underground sources of water in Nevada.
(d) To encourage and promote the use of water to prevent or reduce the spread of wildfire or to rehabilitate areas burned by wildfire, including, without limitation, through the establishment of vegetative cover that is resistant to fire.
2. The procedures in this chapter for changing the place of diversion, manner of use or place of use of water, and for confirming a report of conveyance, are not intended to have the effect of quieting title to or changing ownership of a water right and that only a court of competent jurisdiction has the power to determine conflicting claims to ownership of a water right.
Sec. 3. NRS 533.360 is hereby amended to read as follows:
533.360 1. Except as otherwise provided in subsection 4, NRS 533.345 and subsection 5 of NRS 533.370, when an application is filed in compliance with this chapter, the State Engineer shall, within 30 days, publish or cause to be published once a week for 4 consecutive weeks in a newspaper of general circulation and printed and published in the county where the water is sought to be appropriated, a notice of the application which sets forth:
(a) That the application has been filed.
(b) The date of the filing.
(c) The name and address of the applicant.
(d) The name of the source from which the appropriation is to be made.
(e) The location of the place of diversion, described by legal subdivision or metes and bounds and by a physical description of that place of diversion.
(f) The purpose for which the water is to be appropriated.
Κ The publisher shall add thereto the date of the first publication and the date of the last publication.
2. Except as otherwise provided in subsection 4, proof of publication must be filed within 30 days after the final day of publication. The State Engineer shall pay for the publication from the application fee. If the application is cancelled for any reason before publication, the State Engineer shall return to the applicant that portion of the application fee collected for publication.
κ2011 Statutes of Nevada, Page 1565 (CHAPTER 277, SB 361)κ
application is cancelled for any reason before publication, the State Engineer shall return to the applicant that portion of the application fee collected for publication.
3. If the application is for a proposed well:
(a) For municipal, quasi-municipal or industrial use; and
(b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,
Κ the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to the owners address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the State Engineer before the State Engineer may consider the application.
4. The provisions of this section do not apply to an environmental permit [.] or a temporary permit issued pursuant to section 1 of this act.
Sec. 4. NRS 533.363 is hereby amended to read as follows:
533.363 1. Except as otherwise provided in subsection 2, if water for which a permit is requested is to be used in a county other than that county in which it is to be appropriated, or is to be diverted from or used in a different county than that in which it is currently being diverted or used, then the State Engineer shall give notice of the receipt of the request for the permit to:
(a) The board of county commissioners of the county in which the water for which the permit is requested will be appropriated or is currently being diverted or used; and
(b) The board of county commissioners of the county in which the water will be diverted or used.
2. The provisions of subsection 1 do not apply:
(a) To an environmental permit [.] or a temporary permit issued pursuant to section 1 of this act.
(b) If:
(1) The water is to be appropriated and used; or
(2) Both the current and requested place of diversion or use of the water are,
Κ within a single, contiguous parcel of real property.
3. A person who requests a permit to which the provisions of subsection 1 apply shall submit to each appropriate board of county commissioners a copy of the application and any information relevant to the request.
4. Each board of county commissioners which is notified of a request for a permit pursuant to this section shall consider the request at the next regular or special meeting of the board held not earlier than 3 weeks after the notice is received. The board shall provide public notice of the meeting for 3 consecutive weeks in a newspaper of general circulation in its county. The notice must state the time, place and purpose of the meeting. At the conclusion of the meeting the board may recommend a course of action to the State Engineer, but the recommendation is not binding on the State Engineer.
κ2011 Statutes of Nevada, Page 1566 (CHAPTER 277, SB 361)κ
Sec. 5. NRS 533.370 is hereby amended to read as follows:
533.370 1. Except as otherwise provided in this section and NRS 533.345, 533.371, 533.372 and 533.503, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:
(a) The application is accompanied by the prescribed fees;
(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and
(c) The applicant provides proof satisfactory to the State Engineer of the applicants:
(1) Intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and
(2) Financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.
2. Except as otherwise provided in this subsection and subsections 3 and 11 and NRS 533.365, the State Engineer shall approve or reject each application within 1 year after the final date for filing a protest. The State Engineer may:
(a) Postpone action upon written authorization to do so by the applicant or, if an application is protested, by the protestant and the applicant.
(b) Postpone action if the purpose for which the application was made is municipal use.
(c) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 or where court actions are pending, withhold action until it is determined there is unappropriated water or the court action becomes final.
3. Except as otherwise provided in subsection 11, the State Engineer shall approve or reject, within 6 months after the final date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right. The State Engineer may:
(a) Postpone action upon written authorization to do so by the applicant or, if the application is protested, by the protestant and the applicant.
(b) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 or where court actions are pending, withhold action until it is determined there is unappropriated water or the court action becomes final.
4. If the State Engineer does not act upon an application within 1 year after the final date for filing a protest, the application remains active until acted upon by the State Engineer.
5. Except as otherwise provided in subsection 11, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with protectable interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.
κ2011 Statutes of Nevada, Page 1567 (CHAPTER 277, SB 361)κ
for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.
6. In determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:
(a) Whether the applicant has justified the need to import the water from another basin;
(b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;
(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;
(d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and
(e) Any other factor the State Engineer determines to be relevant.
7. If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 12, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.
8. If:
(a) The State Engineer receives an application to appropriate any of the public waters, or to change the point of diversion, manner of use or place of use of water already appropriated;
(b) The application involves an amount of water exceeding 250 acre-feet per annum;
(c) The application involves an interbasin transfer of groundwater; and
(d) Within 7 years after the date of last publication of the notice of application, the State Engineer has not granted the application, denied the application, held an administrative hearing on the application or issued a permit in response to the application,
Κ the State Engineer shall notice a new period of 45 days in which a person who is a successor in interest to a protestant or an affected water right owner may file with the State Engineer a written protest against the granting of the application. Such notification must be entered on the Internet website of the State Engineer and must, concurrently with that notification, be mailed to the board of county commissioners of the county of origin.
9. Except as otherwise provided in subsection 10, a person who is a successor in interest to a protestant or an affected water right owner who wishes to protest an application in accordance with a new period of protest noticed pursuant to subsection 8 shall, within 45 days after the date on which the notification was entered and mailed, file with the State Engineer a written protest that complies with the provisions of this chapter and with the regulations adopted by the State Engineer, including, without limitation, any regulations prescribing the use of particular forms or requiring the payment of certain fees.
κ2011 Statutes of Nevada, Page 1568 (CHAPTER 277, SB 361)κ
the notification was entered and mailed, file with the State Engineer a written protest that complies with the provisions of this chapter and with the regulations adopted by the State Engineer, including, without limitation, any regulations prescribing the use of particular forms or requiring the payment of certain fees.
10. If a person is the successor in interest of an owner of a water right or an owner of real property upon which a domestic well is located and if the former owner of the water right or real property on which a domestic well is located had previously filed a written protest against the granting of an application, the successor in interest must be allowed to pursue that protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded. If the successor in interest wishes to pursue the protest, the successor in interest must notify the State Engineer on a form provided by the State Engineer.
11. The provisions of subsections 1 to 6, inclusive, do not apply to an application for an environmental permit [.] or a temporary permit issued pursuant to section 1 of this act.
12. The provisions of subsection 7 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.
13. As used in this section:
(a) County of origin means the county from which groundwater is transferred or proposed to be transferred.
(b) Domestic well has the meaning ascribed to it in NRS 534.350.
Sec. 6. NRS 533.380 is hereby amended to read as follows:
533.380 1. Except as otherwise provided in subsection 5, in an endorsement of approval upon any application, the State Engineer shall:
(a) Set a time before which the construction of the work must be completed, which must be within 5 years after the date of approval.
(b) Except as otherwise provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land:
(1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS;
(2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or
(3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS,
Κ must not be less than 5 years.
2. The State Engineer may limit the applicant to a smaller quantity of water, to a shorter time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter time for the perfecting of the application than named in the application.
3. Except as otherwise provided in subsection 4 and NRS 533.395 and 533.4377, the State Engineer may, for good cause shown, grant any number of extensions of time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by the State Engineer, but a single extension of time for a municipal or quasi-municipal use for a public water system, as defined in NRS 445A.235, must not exceed 5 years, and any other single extension of time must not exceed 1 year.
κ2011 Statutes of Nevada, Page 1569 (CHAPTER 277, SB 361)κ
the State Engineer, but a single extension of time for a municipal or quasi-municipal use for a public water system, as defined in NRS 445A.235, must not exceed 5 years, and any other single extension of time must not exceed 1 year. An application for the extension must in all cases be:
(a) Made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410; and
(b) Accompanied by proof and evidence of the reasonable diligence with which the applicant is pursuing the perfection of the application.
Κ The State Engineer shall not grant an extension of time unless the State Engineer determines from the proof and evidence so submitted that the applicant is proceeding in good faith and with reasonable diligence to perfect the application. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the application.
4. Except as otherwise provided in subsection 5 and NRS 533.395, whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land referred to in paragraph (b) of subsection 1, or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the State Engineer shall, in determining whether to grant or deny the extension, consider, among other factors:
(a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;
(b) The number of parcels and commercial or residential units which are contained in or planned for the land being developed or the area being served by the county, city, town, public water district or public water company;
(c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use;
(d) Any delays in the development of the land or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions; and
(e) The period contemplated in the:
(1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or
(2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,
Κ if any, for completing the development of the land.
5. The provisions of subsections 1 and 4 do not apply to an environmental permit [.] or a temporary permit issued pursuant to section 1 of this act.
6. For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the application in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is composed of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.
Sec. 7. NRS 533.400 is hereby amended to read as follows:
533.400 1. Except as otherwise provided in subsection 2, on or before the date set in the endorsement of a permit for the application of water to beneficial use, or on the date set by the State Engineer under a proper application for extension therefor, any person holding a permit from the State Engineer to appropriate the public waters of the State of Nevada, to change the place of diversion or the manner or place of use, shall file with the State Engineer a statement under oath, on a form prescribed by the State Engineer.
κ2011 Statutes of Nevada, Page 1570 (CHAPTER 277, SB 361)κ
beneficial use, or on the date set by the State Engineer under a proper application for extension therefor, any person holding a permit from the State Engineer to appropriate the public waters of the State of Nevada, to change the place of diversion or the manner or place of use, shall file with the State Engineer a statement under oath, on a form prescribed by the State Engineer. The statement must include:
(a) The name and post office address of the person making the proof.
(b) The number and date of the permit for which proof is made.
(c) The source of the water supply.
(d) The name of the canal or other works by which the water is conducted to the place of use.
(e) The name of the original person to whom the permit was issued.
(f) The purpose for which the water is used.
(g) If for irrigation, the actual number of acres of land upon which the water granted in the permit has been beneficially used, giving the same by 40-acre legal subdivisions when possible.
(h) An actual measurement taken by a licensed state water right surveyor or an official or employee of the Office of the State Engineer of the water diverted for beneficial use.
(i) The capacity of the works of diversion.
(j) If for power, the dimensions and capacity of the flume, pipe, ditch or other conduit.
(k) The average grade and difference in elevation between the termini of any conduit.
(l) The number of months, naming them, in which water has been beneficially used.
(m) The amount of water beneficially used, taken from actual measurements, together with such other data as the State Engineer may require to become acquainted with the amount of the appropriation for which the proof is filed.
2. The provisions of subsection 1 do not apply to a person holding an environmental permit [.] or a temporary permit issued pursuant to section 1 of this act.
Sec. 8. NRS 472.040 is hereby amended to read as follows:
472.040 1. The State Forester Firewarden shall:
(a) Supervise or coordinate all forestry and watershed work on state-owned and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.
(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.
(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
(d) Designate the boundaries of each area of the State where the construction of buildings on forested lands creates such a fire hazard as to require the regulation of roofing materials.
(e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.
κ2011 Statutes of Nevada, Page 1571 (CHAPTER 277, SB 361)κ
(f) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.
(g) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firefighters and award grants of money for those purposes to fire departments and educational institutions in this State.
(h) Determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.
(i) Cooperate with the State Fire Marshal in the enforcement of all laws and the adoption of regulations relating to the prevention of fire through the management of vegetation in counties located within or partially within the Lake Tahoe Basin and the Lake Mead Basin.
(j) Assess the codes, rules and regulations which are adopted by other agencies that have specific regulatory authority within the Lake Tahoe Basin and the Lake Mead Basin, and which are not subject to the authority of a state or local fire agency, for consistency with fire codes, rules and regulations.
(k) Ensure that any adopted regulations are consistent with those of fire protection districts created pursuant to chapter 318, 473 or 474 of NRS.
(l) Upon the request of the State Engineer, review a plan submitted with an application for the issuance of a temporary permit pursuant to section 1 of this act.
2. The State Forester Firewarden in carrying out the provisions of this chapter may:
(a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board of county commissioners of each county concerned.
(b) Appoint suitable citizen-wardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the State Forester Firewarden.
(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens are not entitled to compensation for their services.
(d) Appoint certain paid foresters or firewardens to be arson investigators.
(e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrol officers, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.
(f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.
(g) With the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor.
κ2011 Statutes of Nevada, Page 1572 (CHAPTER 277, SB 361)κ
shows the property to be free from encumbrances, with title vested in the grantor. The title to the real property must be examined and approved by the Attorney General.
(h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.
3. The State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.
Sec. 9. This act becomes effective upon passage and approval.
________
Assembly Bill No. 308Assemblymen Conklin, Kirkpatrick, Smith, Atkinson; Bustamante Adams, Carrillo, Daly, Dondero Loop, Frierson, Mastroluca, Oceguera and Segerblom
CHAPTER 278
[Approved: June 10, 2011]
AN ACT relating to mortgage lending; revising provisions governing certain mortgage lending professionals to be consistent with certain federal law governing the provision of mortgage assistance relief services; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law regulates the activities of certain mortgage lending professionals who provide counseling, assistance and advice to homeowners whose homes are subject to an outstanding notice of the pendency of an action for foreclosure. (NRS 645F.300-645F.450) The Federal Trade Commission similarly regulates the activities of persons who provide mortgage assistance relief services. (16 C.F.R. Part 322) This bill revises Nevada law to provide protections for homeowners consistent with the protections provided pursuant to the regulations adopted by the Federal Trade Commission.
Section 2 of this bill prohibits a person who performs any covered service for compensation, a foreclosure consultant or a loan modification consultant from requesting or receiving any compensation before a homeowner executes a written agreement that incorporates an offer of mortgage assistance.
Section 3 of this bill requires a person who performs any covered service for compensation, a foreclosure consultant or a loan modification consultant to maintain certain records for not less than 24 months. Section 3 provides that such records are subject to inspection and audit by the Commissioner of Mortgage Lending. Section 3 also requires a person who performs any covered service for compensation, a foreclosure consultant or a loan modification consultant to take reasonable steps to ensure that any of his or her employees or independent contractors comply with the laws and regulations governing persons who perform covered services for compensation, foreclosure consultants and loan modification consultants.
Section 4 of this bill requires a person who performs any covered service for compensation, a foreclosure consultant or a loan modification consultant to make certain disclosures in connection with any commercial communication relating to the provision of any covered service.
κ2011 Statutes of Nevada, Page 1573 (CHAPTER 278, AB 308)κ
Section 5 of this bill requires a person who performs any covered service for compensation, a foreclosure consultant or a loan modification consultant to provide certain notices to a homeowner at the time the homeowner is presented with a written agreement incorporating an offer of mortgage assistance obtained from the homeowners lender or servicer.
Section 6 of this bill prohibits a person who knows or reasonably should know that a person who performs any covered service for compensation, a foreclosure consultant or a loan modification consultant is not in compliance with the laws and regulations governing covered services from providing substantial assistance or support to the person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant.
Section 9 of this bill prohibits a person who performs any covered service for compensation, a foreclosure consultant or a loan modification consultant from making certain express or implied representations relating to the provision of covered services, including any representation that: (1) a homeowner cannot or should not contact or communicate with his or her lender; or (2) the covered service is affiliated with or endorsed by the Federal Government, the State of Nevada or any department, agency or political subdivision thereof. Section 9 also prohibits a person who performs any covered service, a foreclosure consultant or a loan modification consultant from obtaining or attempting to obtain from a homeowner a waiver of any provision of this bill or existing law. Any such waiver is void and unenforceable. A violation of any provision of section 9 constitutes mortgage lending fraud and is punishable as a category C felony.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645F of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. A person who performs any covered service for compensation, a foreclosure consultant and a loan modification consultant shall not claim, demand, charge, collect or receive any compensation before a homeowner has executed a written agreement with the lender or servicer incorporating the offer of mortgage assistance obtained from the lender or servicer by the person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant.
Sec. 3. 1. A person who performs any covered service for compensation, a foreclosure consultant and a loan modification consultant shall keep each of the following records for a period of not less than 24 months after the date the record is created:
(a) Each contract or other agreement between the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant and a homeowner.
(b) A copy of each written communication between the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant and a homeowner which occurred before the date on which the homeowner entered into a contract for covered services.
(c) A copy of every document or telephone recording created in connection with the requirements of subsection 2.
(d) The file of each homeowner, which must include, without limitation, the name of the homeowner, his or her telephone number, the amount of money paid by the homeowner and a description of the covered services purchased by the homeowner.
κ2011 Statutes of Nevada, Page 1574 (CHAPTER 278, AB 308)κ
(e) For each covered service, a copy of every materially different sales script, training material, commercial communication or any other marketing material, including, without limitation, any material published on an Internet website.
(f) A copy of each disclosure provided to a homeowner pursuant to section 5 of this act.
2. A person who performs any covered service for compensation, a foreclosure consultant and a loan modification consultant shall:
(a) Take reasonable steps to ensure that all employees and independent contractors of the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant comply with the provisions of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 6, inclusive, of this act and any regulations adopted pursuant thereto.
(b) If the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant is engaged in the telemarketing of covered services, perform random, blind recording and testing of the oral representations made by persons engaged in sales or other customer service functions.
(c) Establish a procedure for receiving and responding to all complaints of homeowners.
(d) Record the number and nature of complaints of homeowners regarding transactions involving an employee or independent contractor of the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant.
(e) Investigate promptly and fully each complaint received from a homeowner.
(f) Take corrective action with respect to any employee or independent contractor whom the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant determines is not complying with the provisions of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 6, inclusive, of this act and any regulations adopted pursuant thereto.
(g) Maintain any information necessary to demonstrate compliance with the requirements of this subsection.
3. All records kept pursuant to this section are subject to inspection and audit by the Commissioner and authorized representatives of the Commissioner.
Sec. 4. 1. A person who performs any covered service for compensation, a foreclosure consultant and a loan modification consultant shall:
(a) Include with each general commercial communication for any covered service the following disclosures printed in at least 12-point type:
(1) [Name of company] is not associated with the government, and our service is not approved by the government or your lender.
(2) In any case in which the person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant makes an express or implied representation that homeowners will receive covered services:
Even if you accept this offer and use our service, your lender may not agree to change your loan.
κ2011 Statutes of Nevada, Page 1575 (CHAPTER 278, AB 308)κ
(b) Include with each commercial communication which is specific to a homeowner the following disclosures printed in at least 12-point type:
(1) You may stop doing business with us at any time. You may accept or reject the offer we obtain from your lender [or servicer]. If you reject the offer, you do not have to pay us. If you accept the offer, you will have to pay us [insert total amount or method of calculating the total amount] for our services.
(2) [Name of company] is not associated with the government, and our service is not approved by the government or your lender.
(3) In any case in which the person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant makes an express or implied representation that the homeowner will receive covered services:
Even if you accept this offer and use our service, your lender may not agree to change your loan.
(c) Include with any commercial communication relating to a covered service in which the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant represents expressly or by implication that a homeowner should temporarily or permanently discontinue payments, in whole or in part, on any mortgage or lien on a residence in foreclosure a clear and prominent statement, in close proximity to the express or implied representation and printed in at least 12-point type, which provides that:
If you stop paying your mortgage, you could lose your home and damage your credit rating.
2. The disclosures required by paragraphs (a) and (b) of subsection 1 must be made in a clear and prominent manner and:
(a) In a written communication, the disclosures must appear together and be preceded by the heading IMPORTANT NOTICE, printed in at least 14-point bold type; and
(b) In an oral communication, the audio component of the required disclosures must be preceded by the statement Before using this service, consider the following information and, if the oral communication is made by telephone, must be made at the beginning of the communication.
3. As used in this section, total amount means all amounts the homeowner must pay to purchase, receive and use all covered services that are subject to the contract for covered services, including, without limitation, all fees and charges.
Sec. 5. 1. A person who performs any covered service for compensation, a foreclosure consultant and a loan modification consultant shall, at the time the person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant provides a homeowner with a written agreement between the homeowner and the homeowners lender or servicer incorporating the offer of mortgage assistance obtained from the homeowners lender or servicer:
(a) Provide the following notice printed in at least 12-point type to the homeowner:
κ2011 Statutes of Nevada, Page 1576 (CHAPTER 278, AB 308)κ
This is an offer of mortgage assistance we obtained from your lender [or servicer]. You may accept or reject the offer. If you reject the offer, you do not have to pay us. If you accept the offer, you will have to pay us [insert total amount or method of calculating the total amount] for our services.
Κ The notice must be made in a clear and prominent manner on a separate written page and be preceded by the heading IMPORTANT NOTICE: BEFORE BUYING THIS SERVICE, CONSIDER THE FOLLOWING INFORMATION printed in at least 14-point bold type.
(b) Provide the homeowner with a notice printed in at least 12-point type from the homeowners lender or servicer which includes a complete description of all material differences between the terms, conditions and limitations which apply to the homeowners current mortgage loan and the terms, conditions and limitations which will apply to the homeowners mortgage loan if he or she accepts the offer of the lender or servicer, including, without limitation, the differences between the mortgage loans with regard to the:
(1) Principal balance;
(2) Contract interest rate, including the maximum rate and any adjustable rates;
(3) Amount and number of scheduled periodic payments;
(4) Monthly amounts owed for principal, interest, taxes and mortgage insurance;
(5) Amount of any delinquent payments owing or outstanding; and
(6) Term.
Κ The notice required by this paragraph must be made in a clear and prominent manner on a separate written page and be preceded by the heading IMPORTANT INFORMATION FROM [name of lender or servicer] ABOUT THIS OFFER printed in at least 14-point bold type.
2. If the offer obtained from the lender or servicer by the person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant is a trial mortgage loan modification, the notice required by paragraph (b) of subsection 1 must include notice to the homeowner:
(a) That the homeowner may not qualify for a permanent mortgage loan modification; and
(b) Setting forth the likely amount of scheduled periodic payments and arrears, payments and fees the homeowner would owe if the homeowner failed to qualify for a permanent mortgage loan modification.
3. As used in this section, total amount has the meaning ascribed to it in section 4 of this act.
Sec. 6. A person who knows or reasonably should know that another person who performs any covered service for compensation, a foreclosure consultant or a loan modification consultant is in violation of any provision of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 6, inclusive, of this act and any regulations adopted pursuant thereto shall not provide substantial assistance or support to the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant.
κ2011 Statutes of Nevada, Page 1577 (CHAPTER 278, AB 308)κ
Sec. 7. NRS 645F.300 is hereby amended to read as follows:
645F.300 As used in NRS 645F.300 to 645F.450, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 645F.310 to 645F.370, inclusive, have the meanings ascribed to them in those sections.
Sec. 8. NRS 645F.380 is hereby amended to read as follows:
645F.380 The provisions of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 6, inclusive, of this act do not apply to, and the terms foreclosure consultant and foreclosure purchaser do not include:
1. An attorney at law rendering services in the performance of his or her duties as an attorney at law, unless the attorney at law is rendering those services in the course and scope of his or her employment by or other affiliation with a [mortgage broker or mortgage agent;] person who is licensed or required to be licensed pursuant to NRS 645F.390;
2. A provider of debt-management services registered pursuant to chapter 676A of NRS while providing debt-management services pursuant to chapter 676A of NRS;
3. A person or the authorized agent of a person acting under the provisions of a program sponsored by the Federal Government, this State or a local government, including, without limitation, the Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Federal Home Loan Bank [;] System;
4. A person who holds or is owed an obligation secured by a mortgage or other lien on a residence in foreclosure if the person performs services in connection with this obligation or lien and the obligation or lien did not arise as the result of or as part of a proposed foreclosure reconveyance;
5. Any person doing business under the laws of this State or of the United States relating to banks, trust companies, savings and loan associations, industrial loan and thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee which is a United States Department of Housing and Urban Development approved mortgagee and any subsidiary or affiliate of those persons, and any agent or employee of those persons while engaged in the business of those persons;
6. A person, other than a person who is licensed pursuant to NRS 645F.390, who is licensed pursuant to chapter 692A or any chapter of title 54 of NRS while acting under the authority of the license;
7. A nonprofit agency or organization that offers credit counseling or advice to a homeowner of a residence in foreclosure or a person in default on a loan; or
8. A judgment creditor of the homeowner whose claim accrued before the recording of the notice of the pendency of an action for foreclosure against the homeowner pursuant to NRS 14.010 or the recording of the notice of default and election to sell pursuant to NRS 107.080.
Sec. 9. NRS 645F.400 is hereby amended to read as follows:
645F.400 1. A person who performs any covered service, a foreclosure consultant and a loan modification consultant shall not:
(a) Claim, demand, charge, collect or receive any compensation except in accordance with [NRS 645F.394.] the terms of a contract for covered services.
(b) Claim, demand, charge, collect or receive any fee, interest or other compensation for any reason which is not fully disclosed to the homeowner.
κ2011 Statutes of Nevada, Page 1578 (CHAPTER 278, AB 308)κ
(c) Take or acquire, directly or indirectly, any wage assignment, lien on real or personal property, assignment of a homeowners equity [or other] , any interest in a residence [in foreclosure] or other security for the payment of compensation. Any such assignment or security is void and unenforceable.
(d) Receive any consideration from any third party in connection with a covered service provided to a homeowner unless the consideration is first fully disclosed to the homeowner.
(e) [Acquire, directly or indirectly, any interest in the residence in foreclosure of a homeowner with whom the foreclosure consultant has contracted to perform a covered service.
(f)] Accept a power of attorney from a homeowner for any purpose, other than to inspect documents as provided by law.
(f) Make any representation, express or implied, that a homeowner cannot or should not contact or communicate with his or her lender or servicer.
(g) Misrepresent any aspect of any covered service.
(h) Make any representation, express or implied, that a covered service is affiliated with, associated with or endorsed or approved by:
(1) The Federal Government, the State of Nevada or any department, agency or political subdivision thereof;
(2) Any governmental plan for homeowner assistance;
(3) Any nonprofit housing counselor agency or program;
(4) The maker, holder or servicer of a homeowners mortgage loan; or
(5) Any other person, entity or program.
(i) Make any representation, express or implied, about the benefits, performance or efficacy of any covered service unless, at the time the representation is made, the person who performs any covered service, the foreclosure consultant or the loan modification consultant possesses and relies upon competent and reliable evidence which substantiates that the representation is true. As used in this paragraph, competent and reliable evidence means tests, analyses, research, studies or other evidence based on the expertise of professionals in the relevant area that have been conducted and evaluated in an objective manner by persons qualified to do so using procedures generally accepted in the profession to yield accurate and reliable results.
(j) Obtain or attempt to obtain any waiver of the provisions of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 6, inclusive, of this act or any regulations adopted pursuant thereto. Any such waiver is void and unenforceable.
2. In addition to any other penalty, a violation of any provision of this section shall be deemed to constitute mortgage lending fraud for the purposes of NRS 205.372.
Sec. 10. NRS 645F.430 is hereby amended to read as follows:
645F.430 A foreclosure purchaser who engages in any conduct that operates as a fraud or deceit upon a homeowner in connection with a transaction that is subject to the provisions of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 6, inclusive, of this act, including, without limitation, a foreclosure reconveyance, 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 $50,000, or by both fine and imprisonment.
κ2011 Statutes of Nevada, Page 1579 (CHAPTER 278, AB 308)κ
shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $50,000, or by both fine and imprisonment.
Sec. 11. NRS 645F.440 is hereby amended to read as follows:
645F.440 1. In addition to the penalty provided in NRS 645F.430 and except as otherwise provided in subsection 5, if a foreclosure purchaser engages in any conduct that operates as a fraud or deceit upon a homeowner in connection with a transaction that is subject to the provisions of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 6, inclusive, of this act, including, without limitation, a foreclosure reconveyance, the transaction in which the foreclosure purchaser acquired title to the residence in foreclosure may be rescinded by the homeowner within 2 years after the date of the recording of the conveyance.
2. To rescind a transaction pursuant to subsection 1, the homeowner must give written notice to the foreclosure purchaser and a successor in interest to the foreclosure purchaser, if the successor in interest is not a bona fide purchaser, and record that notice with the recorder of the county in which the property is located. The notice of rescission must contain:
(a) The name of the homeowner, the foreclosure purchaser and any successor in interest who holds title to the property; and
(b) A description of the property.
3. Within 20 days after receiving notice pursuant to subsection 2:
(a) The foreclosure purchaser and the successor in interest, if the successor in interest is not a bona fide purchaser, shall reconvey to the homeowner title to the property free and clear of encumbrances which were created subsequent to the rescinded transaction and which are due to the actions of the foreclosure purchaser; and
(b) The homeowner shall return to the foreclosure purchaser any consideration received from the foreclosure purchaser in exchange for the property.
4. If the foreclosure purchaser has not reconveyed to the homeowner title to the property within the period described in subsection 3, the homeowner may bring an action to enforce the rescission in the district court of the county in which the property is located.
5. A transaction may not be rescinded pursuant to this section if the foreclosure purchaser has transferred the property to a bona fide purchaser.
6. As used in this section, bona fide purchaser means any person who purchases an interest in a residence in foreclosure from a foreclosure purchaser in good faith and for valuable consideration and who does not know or have reasonable cause to believe that the foreclosure purchaser engaged in conduct which violates subsection 1.
Sec. 12. NRS 645F.450 is hereby amended to read as follows:
645F.450 The rights, remedies and penalties provided pursuant to the provisions of NRS 645F.300 to 645F.450, inclusive, and sections 2 to 6, inclusive, of this act are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity, including, without limitation, any criminal penalty that may be imposed pursuant to NRS 645F.430.
Sec. 13. NRS 645F.394 is hereby repealed.
Sec. 14. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 1580κ
Senate Bill No. 339Senators Breeden and Wiener
CHAPTER 279
[Approved: June 10, 2011]
AN ACT relating to public health; requiring certain medical facilities to provide to patients and to post certain information relating to facility-acquired infections; requiring providers of health care to provide certain information to a patient who has an infection or a person authorized by the patient to receive such information; revising requirements for patient safety plans adopted by certain medical facilities; requiring certain medical facilities to designate an infection control officer and establish an infection control program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 2 of this bill requires certain medical facilities to provide to their patients certain information relating to facility-acquired infections and to post in public areas of the facilities information on reporting facility-acquired infections.
Section 2.5 of this bill requires a provider of health care or the designee of a provider of health care to inform a patient at a medical facility or the legal guardian or other person authorized by the patient to receive such information of a diagnosis that the patient has an infection as soon as practicable but not later than 5 days after the diagnosis is confirmed, except that such notice may be delayed in certain limited circumstances. Section 2.5 further requires the medical facility to ensure that providers of health care of the medical facility establish protocols for providing such information and for informing a patient or the legal guardian or other person authorized by the patient to receive such information whether the infection was acquired at the medical facility and of the apparent source of the infection. Section 2.5 further provides for immunity from liability for providing certain information to a patient relating to the source of an infection.
Section 3 of this bill requires certain medical facilities to designate an infection control officer to carry out certain duties relating to the prevention and control of infections. Section 3 also establishes requirements for the qualification and training of infection control officers and requires that at least one employee per 100 occupied beds have certain training in infection control.
Existing law requires certain medical facilities to prepare a patient safety plan and to submit a copy of the plan to the Health Division of the Department of Health and Human Services on or before March 1 of each year. (NRS 439.843, 439.865) Section 6 of this bill requires the patient safety plan which is prepared by each medical facility to include an infection control program to prevent and control infections within the medical facility. In addition, section 6 requires that the patient safety plan be reviewed and updated annually. Section 5 of this bill requires the Department to post each patient safety plan on an Internet website maintained by the Department.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 2.5 and 3 of this act.
Sec. 2. 1. A medical facility shall:
κ2011 Statutes of Nevada, Page 1581 (CHAPTER 279, SB 339)κ
(a) Provide to each patient of the medical facility, upon admission of the patient, the general and facility-specific information relating to facility-acquired infections required by subsection 2.
(b) Post in publicly accessible areas of the medical facility information on reporting facility-acquired infections, including, without limitation, the contact information for making reports to the Health Division. Such information may be added to other required notices concerning the making of reports to the Health Division.
2. The information provided to each patient pursuant to paragraph (a) of subsection 1 must include, without limitation:
(a) The measures used by the medical facility for preventing infections, including facility-acquired infections;
(b) Information on determining whether a patient had an infection upon admission to the medical facility, risk factors for acquiring infections and determining whether an infection has been acquired;
(c) Information on preventing facility-acquired infections;
(d) Instructions for reporting facility-acquired infections, including, without limitation, the contact information for making reports to the Health Division; and
(e) Any other information that the medical facility deems necessary.
Sec. 2.5. 1. Except as otherwise provided in subsection 2, when a provider of health care confirms that a patient at the medical facility has an infection, the provider of health care or the designee of the provider of health care shall, as soon as practicable but not later than 5 days after the diagnosis is confirmed, inform the patient or the legal guardian or other person authorized by the patient to receive such information that the patient has an infection.
2. The provider of health care or the designee of the provider of health care may delay providing information about an infection if the patient does not have a legal guardian, has not authorized any other person to receive such information and:
(a) Is not capable of understanding the information;
(b) Is not conscious; or
(c) In the judgment of the provider of health care, is likely to harm himself or herself if informed about the infection.
3. If the provider of health care or the designee of the provider of health care delays providing information about an infection pursuant to subsection 2, such information must be provided as soon as practicable after:
(a) The patient is capable of understanding the information;
(b) The patient regains consciousness;
(c) In the judgment of the provider of health care, the patient is not likely to harm himself or herself if informed about the infection; or
(d) A legal guardian or other person authorized to receive such information is available.
4. A medical facility shall ensure that the providers of health care of the medical facility establish protocols in accordance with this section that provide the manner in which a provider of health care or his or her designee must:
(a) Inform a patient or the legal guardian or other person authorized by a patient to receive such information that the patient has an infection; and
κ2011 Statutes of Nevada, Page 1582 (CHAPTER 279, SB 339)κ
(b) If known or determined while a patient remains at the medical facility, inform the patient or the legal guardian or other person authorized by the patient to receive such information whether the infection was acquired at the medical facility and of the apparent source of the infection.
5. A person or governmental entity who, with reasonable care, informs a patient or the legal guardian or other person authorized by the patient to receive such information that an infection was not acquired at the medical facility and of the apparent source of the infection pursuant to subsection 4 is immune from any criminal or civil liability for providing that information.
Sec. 3. 1. A medical facility shall designate an officer or employee of the facility to serve as the infection control officer of the medical facility.
2. The person who is designated as the infection control officer of a medical facility:
(a) Shall serve on the patient safety committee.
(b) Shall monitor the occurrences of infections at the medical facility to determine the number and severity of infections.
(c) Shall report to the patient safety committee concerning the number and severity of infections at the medical facility.
(d) Shall take such action as he or she determines is necessary to prevent and control infections alleged to have occurred at the medical facility.
(e) Shall carry out the provisions of the infection control program adopted pursuant to NRS 439.865 and ensure compliance with the program.
3. If a medical facility has 175 or more beds, the person who is designated as the infection control officer of the medical facility must be certified as an infection preventionist by the Certification Board of Infection Control and Epidemiology, Inc., or a successor organization. A person may serve as the certified infection preventionist for more than one medical facility if the facilities have common ownership.
4. A medical facility that designates an infection control officer who is not a certified infection preventionist must ensure that the person has successfully completed a nationally recognized basic training program in infection control, which may include, without limitation, the program offered by the Association for Professionals in Infection Control and Epidemiology, Inc., or a successor organization. A medical facility shall ensure that an infection control officer completes at least 4 hours of continuing education each year on topics relating to current practices in infection control and prevention.
5. A medical facility shall ensure that it maintains a ratio of at least one employee who has the training described in subsection 4 for every 100 occupied beds. The number of beds must be determined based upon the most recent annual calendar-year average reported by the medical facility to the Director pursuant to NRS 449.490 and the regulations adopted pursuant thereto.
κ2011 Statutes of Nevada, Page 1583 (CHAPTER 279, SB 339)κ
6. A medical facility shall maintain records concerning the certification and training required by this section.
7. The Health Division shall provide education and technical assistance relating to infection control and prevention in medical facilities.
Sec. 4. NRS 439.800 is hereby amended to read as follows:
439.800 As used in NRS 439.800 to 439.890, inclusive, and sections 2, 2.5 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 439.802 to 439.830, inclusive, have the meanings ascribed to them in those sections.
Sec. 4.5. (Deleted by amendment.)
Sec. 5. NRS 439.843 is hereby amended to read as follows:
439.843 1. On or before March 1 of each year, each medical facility shall provide to the Health Division, in the form prescribed by the State Board of Health, a summary of the reports submitted by the medical facility pursuant to NRS 439.835 during the immediately preceding calendar year. The summary must include, without limitation:
(a) The total number and types of sentinel events reported by the medical facility, if any;
(b) A copy of the most current patient safety plan established pursuant to NRS 439.865;
(c) A summary of the membership and activities of the patient safety committee established pursuant to NRS 439.875; and
(d) Any other information required by the State Board of Health concerning the reports submitted by the medical facility pursuant to NRS 439.835.
2. On or before June 1 of each year, the Health Division shall submit to the State Board of Health an annual summary of the reports and information received by the Health Division pursuant to this section. The annual summary must include, without limitation, a compilation of the information submitted pursuant to subsection 1 and any other pertinent information deemed necessary by the State Board of Health concerning the reports submitted by the medical facility pursuant to NRS 439.835. The Health Division shall maintain the confidentiality of the reports submitted pursuant to NRS 439.835 and any other information requested by the State Board of Health concerning those reports when preparing the annual summary pursuant to this section.
3. The Department shall post on the Internet website maintained pursuant to NRS 439A.270 or any other website maintained by the Department a copy of the most current patient safety plan submitted by each medical facility pursuant to subsection 1.
Sec. 6. NRS 439.865 is hereby amended to read as follows:
439.865 1. Each medical facility that is located within this state shall develop, in consultation with the providers of health care who provide treatment to patients at the medical facility, an internal patient safety plan to improve the health and safety of patients who are treated at that medical facility.
2. The patient safety plan must include an infection control program to prevent and control infections within the medical facility. To carry out the program, the medical facility shall adopt an infection control policy. The policy must consist of:
κ2011 Statutes of Nevada, Page 1584 (CHAPTER 279, SB 339)κ
(a) The current guidelines appropriate for the facilitys scope of service developed by a nationally recognized infection control organization as approved by the State Board of Health which may include, without limitation, the Association for Professionals in Infection Control and Epidemiology, Inc., the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the World Health Organization and the Society for Healthcare Epidemiology of America; and
(b) Facility-specific infection control developed under the supervision of a certified infection preventionist.
3. The program to prevent and control infections within the medical facility must provide for the designation of a person who is responsible for infection control when the infection control officer is absent to ensure that someone is responsible for infection control at all times.
4. A medical facility shall submit its patient safety plan to the governing board of the medical facility for approval in accordance with the requirements of this section.
[3.] 5. After a medical facilitys patient safety plan is approved, the medical facility shall notify all providers of health care who provide treatment to patients at the medical facility of the existence of the plan and of the requirements of the plan. A medical facility shall require compliance with its patient safety plan.
6. The patient safety plan must be reviewed and updated annually in accordance with the requirements for approval set forth in this section.
Sec. 7. NRS 439.875 is hereby amended to read as follows:
439.875 1. A medical facility shall establish a patient safety committee.
2. Except as otherwise provided in subsection 3:
(a) A patient safety committee established pursuant to subsection 1 must be composed of:
(1) The infection control officer of the medical facility.
(2) The patient safety officer of the medical facility [.] , if he or she is not designated as the infection control officer of the medical facility.
[(2)] (3) At least three providers of health care who treat patients at the medical facility, including, without limitation, at least one member of the medical, nursing and pharmaceutical staff of the medical facility.
[(3)] (4) One member of the executive or governing body of the medical facility.
(b) A patient safety committee shall meet at least once each month.
3. The Administrator shall adopt regulations prescribing the composition and frequency of meetings of patient safety committees at medical facilities having fewer than 25 employees and contractors.
4. A patient safety committee shall:
(a) Receive reports from the patient safety officer pursuant to NRS 439.870.
(b) Evaluate actions of the patient safety officer in connection with all reports of sentinel events alleged to have occurred at the medical facility.
(c) Review and evaluate the quality of measures carried out by the medical facility to improve the safety of patients who receive treatment at the medical facility.
κ2011 Statutes of Nevada, Page 1585 (CHAPTER 279, SB 339)κ
(d) Review and evaluate the quality of measures carried out by the medical facility to prevent and control infections at the medical facility.
(e) Make recommendations to the executive or governing body of the medical facility to reduce the number and severity of sentinel events and infections that occur at the medical facility.
[(e)] (f) At least once each calendar quarter, report to the executive or governing body of the medical facility regarding:
(1) The number of sentinel events that occurred at the medical facility during the preceding calendar quarter; [and]
(2) The number and severity of infections that occurred at the medical facility during the preceding calendar quarter; and
(3) Any recommendations to reduce the number and severity of sentinel events and infections that occur at the medical facility.
5. The proceedings and records of a patient safety committee are subject to the same privilege and protection from discovery as the proceedings and records described in NRS 49.265.
Sec. 8. This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out this act, and for all other purposes:
1. Sections 1 and 2.5 of this act become effective on October 1, 2011.
2. Sections 2 and 4 to 7, inclusive, of this act become effective on January 1, 2012.
3. Section 3 of this act becomes effective on January 1, 2012, except that, for the purpose of the continuing education required by that section for infection control officers, it becomes effective on January 1, 2013.
________
κ2011 Statutes of Nevada, Page 1586κ
Senate Bill No. 323Senator Parks
CHAPTER 280
[Approved: June 10, 2011]
AN ACT relating to vehicles; revising provisions governing the reinstatement of the registration of a motor vehicle whose registered owner has allowed his or her policy of liability insurance to lapse; revising provisions governing registration of vehicles in this State by residents of this State; requiring certain nonresidents to register vehicles in this State; prohibiting the Department of Motor Vehicles from registering a motor vehicle under certain circumstances; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a registered owner who failed to have liability insurance on a date specified by the Department of Motor Vehicles is required, with respect to a vehicle that is not dormant, to pay to the Department a fee of $250 to reinstate the registration of the vehicle. (NRS 482.480) Section 2 of this bill replaces the flat $250 reinstatement fee with a tiered system of penalties that includes, depending upon how many times the registered owner has allowed his or her insurance to lapse and depending upon the length of time during which the insurance has lapsed, escalating reinstatement fees, escalating fines, requirements to file and maintain a certificate of financial responsibility and possible suspension of the registered owners drivers license.
Existing law requires a person, within 60 days after becoming a resident of this State, to apply for the registration of each vehicle he or she owns which is operated in this State. A nonresident owner of a noncommercial vehicle is not required to apply for registration of the vehicle unless the vehicle is furnished to a resident for his or her continuous use within this State. (NRS 482.385) Section 4 of this bill changes the 60-day period within which a new resident must apply for registration of his or her vehicle to a 30-day period. Section 4 also requires certain persons to register their vehicles: (1) if the person is a nonresident and the vehicle is operated in this State for a period of more than 30 days in the aggregate in any 1 calendar year; (2) within 30 days if the person is a resident or nonresident and engages in a trade, profession or occupation or accepts gainful employment in this State; (3) within 30 days if the person is a resident or nonresident and enrolls his or her children in a public school in this State; or (4) within 30 days if the person is a resident and operates a vehicle owned by a nonresident. Section 4 provides exceptions to the preceding requirements for persons who are on active duty in the military service of the United States, out-of-state students, certain students of institutions of higher education who are present in this State to participate in a work-study program, and migrant or seasonal farm workers.
Under existing law, a constable may issue a citation to an owner or driver, as appropriate, of a vehicle that is required to be registered in this State if the constable determines that the vehicle is not properly registered. Such a constable must, upon the issuance of the citation, charge and collect a fee of $100 from the person to whom the citation was issued. (NRS 258.070) Section 3 of this bill prohibits the Department of Motor Vehicles from registering a motor vehicle if the Department has received from a local authority notice that the owner of the vehicle has failed to pay a fee imposed by a constable for noncompliance with the provisions of NRS 482.385, unless the owner provides to the Department a receipt indicating that the owner has paid the fee to the local authority or the local authority transmits to the Department a notice stating that the owner has paid the fee.
κ2011 Statutes of Nevada, Page 1587 (CHAPTER 280, SB 323)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 7 of NRS 485.317, if a registered owner failed to have insurance on the date specified by the Department pursuant to NRS 485.317:
(a) For a first offense, the registered owner shall pay to the Department a registration reinstatement fee of $250, and if the period during which insurance coverage lapsed was:
(1) At least 31 days but not more than 90 days, pay to the Department a fine of $250.
(2) At least 91 days but not more than 180 days:
(I) Pay to the Department a fine of $500; and
(II) File and maintain with the Department a certificate of financial responsibility for a period of not less than 3 years following the date on which the registration of the applicable vehicle is reinstated.
(3) More than 180 days:
(I) Pay to the Department a fine of $1,000; and
(II) File and maintain with the Department a certificate of financial responsibility for a period of not less than 3 years following the date on which the registration of the applicable vehicle is reinstated.
(b) For a second offense, the registered owner shall pay to the Department a registration reinstatement fee of $500, and if the period during which insurance coverage lapsed was:
(1) At least 31 days but not more than 90 days, pay to the Department a fine of $500.
(2) At least 91 days but not more than 180 days:
(I) Pay to the Department a fine of $500; and
(II) File and maintain with the Department a certificate of financial responsibility for a period of not less than 3 years following the date on which the registration of the applicable vehicle is reinstated.
(3) More than 180 days:
(I) Pay to the Department a fine of $1,000; and
(II) File and maintain with the Department a certificate of financial responsibility for a period of not less than 3 years following the date on which the registration of the applicable vehicle is reinstated.
(c) For a third or subsequent offense:
(1) The drivers license of the registered owner must be suspended for a period to be determined by regulation of the Department but not less than 30 days;
(2) The registered owner shall file and maintain with the Department a certificate of financial responsibility for a period of not less than 3 years following the date on which the registration of the applicable vehicle is reinstated; and
(3) The registered owner shall pay to the Department a registration reinstatement fee of $750, and if the period during which insurance coverage lapsed was:
κ2011 Statutes of Nevada, Page 1588 (CHAPTER 280, SB 323)κ
(I) At least 31 days but not more than 90 days, pay to the Department a fine of $500.
(II) At least 91 days but not more than 180 days, pay to the Department a fine of $750.
(III) More than 180 days, pay to the Department a fine of $1,000.
2. As used in this section, certificate of financial responsibility has the meaning ascribed to it in NRS 485.028.
Sec. 3. 1. Except as otherwise provided in subsection 3, the Department shall not register a motor vehicle if a local authority has filed with the Department a notice stating that the owner of the motor vehicle:
(a) Was cited by a constable pursuant to subsection 2 of NRS 258.070 for failure to comply with the provisions of NRS 482.385; and
(b) Has failed to pay the fee charged by the constable pursuant to subsection 2 of NRS 258.070.
2. The Department shall, upon request, furnish to the owner of the motor vehicle a copy of the notice of nonpayment described in subsection 1.
3. The Department may register a motor vehicle for which the Department has received a notice of nonpayment described in subsection 1 if:
(a) The Department receives:
(1) A receipt from the owner of the motor vehicle which indicates that the owner has paid the fee charged by the constable; or
(2) Notification from the applicable local authority that the owner of the motor vehicle has paid the fee charged by the constable; and
(b) The owner of the motor vehicle otherwise complies with the requirements of this chapter for the registration of the motor vehicle.
Sec. 4. NRS 482.385 is hereby amended to read as follows:
482.385 1. Except as otherwise provided in [subsection] subsections 5 and 7 and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter, owning any vehicle which has been registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this State has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this State without its registration in this State pursuant to the provisions of this chapter and without the payment of any registration fees to this State [.] :
(a) For a period of not more than 30 days in the aggregate in any 1 calendar year; and
(b) Notwithstanding the provisions of paragraph (a), during any period in which the owner is:
(1) On active duty in the military service of the United States;
(2) An out-of-state student;
(3) Registered as a student at a college or university located outside this State and who is in the State for a period of not more than 6 months to participate in a work-study program for which the student earns academic credits from the college or university; or
(4) A migrant or seasonal farm worker.
κ2011 Statutes of Nevada, Page 1589 (CHAPTER 280, SB 323)κ
2. This section does not:
(a) Prohibit the use of manufacturers, distributors or dealers license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this State.
(b) Require registration of vehicles of a type subject to registration pursuant to the provisions of this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.
(c) Require registration of a vehicle operated by a border state employee.
3. [When] Except as otherwise provided in subsection 5, when a person, formerly a nonresident, becomes a resident of this State, the person shall:
(a) Within [60] 30 days after becoming a resident; or
(b) At the time he or she obtains a drivers license,
Κ whichever occurs earlier, apply for the registration of each vehicle the person owns which is operated in this State. When a person, formerly a nonresident, applies for a drivers license in this State, the Department shall inform the person of the requirements imposed by this subsection and of the penalties that may be imposed for failure to comply with the provisions of this subsection.
4. A citation may be issued pursuant to [this] subsection 1, 3 or 5 only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. The Department shall maintain or cause to be maintained a list or other record of persons who fail to comply with the provisions of [this] subsection 3 and shall, at least once each month, provide a copy of that list or record to the Department of Public Safety.
[4.] 5. Except as otherwise provided in this subsection, a resident or nonresident owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter who engages in a trade, profession or occupation or accepts gainful employment in this State or who enrolls his or her children in a public school in this State shall, within 30 days after the commencement of such employment or enrollment, apply for the registration of each vehicle the person owns which is operated in this State. The provisions of this subsection do not apply to a nonresident who is:
(a) On active duty in the military service of the United States;
(b) An out-of-state student;
(c) Registered as a student at a college or university located outside this State and who is in the State for a period of not more than 6 months to participate in a work-study program for which the student earns academic credits from the college or university; or
(d) A migrant or seasonal farm worker.
6. A person who violates the provisions of subsection 1, 3 or 5 is guilty of a misdemeanor and, except as otherwise provided in this subsection, shall be punished by a fine of $1,000. The fine imposed pursuant to this subsection is in addition to any fine or penalty imposed for the other alleged violation or offense for which the vehicle was halted or its driver arrested pursuant to subsection [3.] 4. The fine imposed pursuant to this subsection may be reduced to not less than $200 if the person presents evidence at the time of the hearing that the person has registered the vehicle pursuant to this chapter.
κ2011 Statutes of Nevada, Page 1590 (CHAPTER 280, SB 323)κ
[5.] 7. Any resident operating upon a highway of this State a motor vehicle which is owned by a nonresident and which is furnished to the resident operator for his or her continuous use within this State, shall cause that vehicle to be registered within [60] 30 days after beginning its operation within this State.
[6.] 8. A person registering a vehicle pursuant to the provisions of subsection 1, 3, 5 , [or] 7 or 9 or pursuant to NRS 482.390:
(a) Must be assessed the registration fees and governmental services tax, as required by the provisions of this chapter and chapter 371 of NRS; and
(b) Must not be allowed credit on those taxes and fees for the unused months of the previous registration.
[7.] 9. If a vehicle is used in this State for a gainful purpose, the owner shall immediately apply to the Department for registration, except as otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861, inclusive.
[8.] 10. An owner registering a vehicle pursuant to the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the Department for cancellation.
[9.] 11. A vehicle may be cited for a violation of this section regardless of whether it is in operation or is parked on a highway, in a public parking lot or on private property which is open to the public if, after communicating with the owner or operator of the vehicle, the peace officer issuing the citation determines that:
(a) The owner of the vehicle is a resident of this State; [or]
(b) The vehicle is used in this State for a gainful purpose [.] ;
(c) Except as otherwise provided in paragraph (b) of subsection 1, the owner of the vehicle is a nonresident and has operated the vehicle in this State for more than 30 days in the aggregate in any 1 calendar year; or
(d) The owner of the vehicle is a nonresident required to register the vehicle pursuant to subsection 5.
Κ As used in this subsection, peace officer includes a constable.
Sec. 5. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the Department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in subsection 3:
(a) For each of the fifth and sixth such cars registered to a person, a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars registered to a person, a fee for registration of $12.
(c) For each of the ninth or more such cars registered to a person, a fee for registration of $8.
3. The fees specified in subsection 2 do not apply:
(a) Unless the person registering the cars presents to the Department at the time of registration the registrations of all the cars registered to the person.
(b) To cars that are part of a fleet.
κ2011 Statutes of Nevada, Page 1591 (CHAPTER 280, SB 323)κ
4. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the State Highway Fund for credit to the Account for the Program for the Education of Motorcycle Riders.
5. For each transfer of registration, a fee of $6 in addition to any other fees.
6. Except as otherwise provided in subsection 7 of NRS 485.317, to reinstate the registration of a motor vehicle that is suspended pursuant to that section:
(a) A fee [of $250] as specified in section 2 of this act for a registered owner who failed to have insurance on the date specified by the Department [;] , which fee is in addition to any fine or penalty imposed pursuant to section 2 of this act; or
(b) A fee of $50 for a registered owner of a dormant vehicle who cancelled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first cancelling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
Κ both of which must be deposited in the Account for Verification of Insurance which is hereby created in the State Highway Fund. The money in the Account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.
7. For every travel trailer, a fee for registration of $27.
8. For every permit for the operation of a golf cart, an annual fee of $10.
9. For every low-speed vehicle, as that term is defined in NRS 484B.637, a fee for registration of $33.
10. To reinstate the registration of a motor vehicle that is suspended pursuant to NRS 482.451, a fee of $33.
Sec. 6. NRS 485.317 is hereby amended to read as follows:
485.317 1. The Department shall verify that each motor vehicle which is registered in this State is covered by a policy of liability insurance as required by NRS 485.185.
2. Except as otherwise provided in this subsection, the Department may use any information to verify whether a motor vehicle is covered by a policy of liability insurance as required by NRS 485.185. The Department may not use the name of the owner of a motor vehicle as the primary means of verifying that a motor vehicle is covered by a policy of liability insurance.
3. If the Department is unable to verify that a motor vehicle is covered by a policy of liability insurance as required by NRS 485.185, the Department shall send a request for information by first-class mail to the registered owner of the motor vehicle. The owner shall submit all the information which is requested to the Department within 15 days after the date on which the request for information was mailed by the Department. If the Department does not receive the requested information within 15 days after it mailed the request to the owner, the Department shall send to the owner a notice of suspension of registration by certified mail. The notice must inform the owner that unless the Department is able to verify that the motor vehicle is covered by a policy of liability insurance as required by NRS 485.185 within 10 days after the date on which the notice was sent by the Department, the owners registration will be suspended pursuant to subsection 4.
κ2011 Statutes of Nevada, Page 1592 (CHAPTER 280, SB 323)κ
4. The Department shall suspend the registration and require the return to the Department of the license plates of any vehicle for which the Department cannot verify the coverage of liability insurance required by NRS 485.185.
5. Except as otherwise provided in subsection 6, the Department shall reinstate the registration of the vehicle and reissue the license plates only upon verification of current insurance and [payment of the fee] compliance with the requirements for reinstatement of registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.
6. If a registered owner proves to the satisfaction of the Department that the vehicle was a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle, the Department shall reinstate the registration and, if applicable, reissue the license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the Department shall not reinstate the registration or reissue the license plates unless the owner pays the fee set forth in paragraph (b) of subsection 6 of NRS 482.480.
7. If the Department suspends the registration of a motor vehicle pursuant to subsection 4 because the registered owner of the motor vehicle failed to have insurance on the date specified in the form for verification, and if the registered owner, in accordance with regulations adopted by the Department, proves to the satisfaction of the Department that the owner was unable to comply with the provisions of NRS 485.185 on that date because of extenuating circumstances, the Department may:
(a) Reinstate the registration of the motor vehicle and reissue the license plates upon payment by the registered owner of a fee of $50, which must be deposited in the Account for Verification of Insurance created by subsection 6 of NRS 482.480; or
(b) Rescind the suspension of the registration without the payment of a fee.
Κ The Department shall adopt regulations to carry out the provisions of this subsection.
Sec. 7. Notwithstanding the amendatory provisions of this act:
1. The provisions of subsection 3 of NRS 482.385, as amended by section 4 of this act, do not require a person specified in that subsection to register a vehicle owned by that person and operated in this State until August 1, 2011.
2. The provisions of subsection 5 of NRS 482.385, as added to that section by section 4 of this act, do not require a resident of this State specified in that subsection to register a vehicle owned by that person and operated in this State until September 1, 2011.
3. The provisions of subsection 7 of NRS 482.385, as amended by section 4 of this act, do not require a resident of this State who operates a motor vehicle specified in that subsection to cause that motor vehicle to be registered until August 1, 2011.
Sec. 8. This act becomes effective upon passage and approval for the purpose of adopting regulations and on July 1, 2011, for all other purposes.
________
κ2011 Statutes of Nevada, Page 1593κ
Senate Bill No. 299Senator Manendo (by request)
CHAPTER 281
[Approved: June 10, 2011]
AN ACT relating to animals; requiring the board of county commissioners of each county and the governing body of each incorporated city to adopt an ordinance requiring commercial breeders of dogs or cats to obtain a permit to act as a breeder under certain circumstances; setting forth the requirements for the issuance of those permits; making various changes to the standards of care for dogs and cats; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law specifies standards for the care of dogs and cats by kennel and cattery operators, cat and dog breeders and sellers, and operators of animal shelters. (NRS 574.360-574.440) Section 1.3 of this bill defines breeder as a person who operates a commercial establishment engaged in the business of breeding dogs or cats for sale or trade. Section 1.3 expressly excludes from that definition any person who breeds dogs or cats as a hobby. Section 1.6 of this bill requires the board of county commissioners of each county and the governing body of each incorporated city to adopt an ordinance requiring each breeder to obtain an annual permit to do so from the board or governing body or from the animal control agency of the applicable county or city. Section 1.6 also requires the applicable authority to issue the permit and assign a permit number to each breeder who applies for a permit, pays the prescribed fee, if any, and complies with any other requirement established by the ordinance. Each permit issued must specify the premises at which the person may act as a breeder, and the number of the permit assigned to a breeder must be displayed in all advertising in which the breeder offers a dog or cat for sale or trade and on any receipt of sale of a dog or cat sold by the breeder. Section 1.6 also authorizes an animal control agent of the applicable board or governing body or animal control agency to enter and inspect the specified premises of a breeder during any reasonable hour for the purpose of enforcing the animal care provisions of chapter 574 of NRS. Finally, section 1.6 authorizes the ordinances required pursuant to this bill to provide for the suspension, revocation or denial of a permit for violating those animal care provisions.
Section 1.9 of this bill prohibits a breeder from selling a dog or cat unless a registered microchip has been subcutaneously inserted into the dog or cat and the dog or cat has had all the required vaccinations for rabies which are appropriate for the age of the dog or cat. In addition, section 1.9 prohibits a breeder from selling a dog or cat without a written sales contract and further prohibits a breeder from breeding a female dog before she is 18 months old or more than once a year. Sections 4 and 9-11 of this bill make various changes to certain standards of care for dogs and cats.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 574 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3, 1.6 and 1.9 of this act.
Sec. 1.3. Breeder means a dealer, operator or other person who is responsible for the operation of a commercial establishment engaged in the business of breeding dogs or cats for sale or trade.
κ2011 Statutes of Nevada, Page 1594 (CHAPTER 281, SB 299)κ
business of breeding dogs or cats for sale or trade. The term does not include a person who breeds dogs or cats as a hobby.
Sec. 1.6. 1. In addition to any ordinance adopted pursuant to NRS 244.189, 244.335 or 244.359, the board of county commissioners of each county, if its jurisdiction to enact and enforce ordinances relating to animals is not limited by an interlocal agreement, shall adopt an ordinance requiring each breeder in an unincorporated area of the county to obtain an annual permit to act as a breeder issued by the board or by the animal control agency of the county, if any. Each such board of county commissioners may impose a fee for the issuance of the annual permit which does not exceed the approximate cost of providing the services associated with the issuance of the annual permits.
2. In addition to any ordinance adopted pursuant to NRS 266.325 or 266.355, the city council or other governing body of each incorporated city, whether organized under general law or special charter, if its jurisdiction to enact and enforce ordinances relating to animals is not limited by an interlocal agreement, shall adopt an ordinance requiring each breeder in the incorporated area of the city to obtain an annual permit to act as a breeder issued by the city council or other governing body or by the animal control agency, if any. Each such city council or other governing body of an incorporated city may impose a fee for the issuance of the annual permit which does not exceed the approximate cost of providing the services associated with the issuance of the annual permits.
3. After a board of county commissioners or a city council or other governing body of an incorporated city adopts an ordinance pursuant to subsection 1 or 2, as applicable, the board or governing body shall issue a permit and assign a permit number to each breeder who:
(a) Submits an application on a form and in the manner prescribed by the ordinance;
(b) Pays a fee, if any, prescribed by the ordinance; and
(c) Complies with any other requirements prescribed by the ordinance.
4. Each permit issued pursuant to subsection 3 must specify the address of the premises at which the person may act as a breeder.
5. The number of the permit assigned to a breeder pursuant to subsection 3 must be displayed in all advertising in which the breeder offers a dog or cat for sale and on any receipt of sale of a dog or cat sold by the breeder.
6. For the purpose of enforcing the provisions of NRS 574.360 to 574.440, inclusive, as those provisions apply to breeders, any animal control agent of the issuing authority may enter and inspect the premises specified on the permit at any reasonable hour.
7. An ordinance adopted pursuant to subsection 1 or 2 may provide for the suspension, revocation or denial of a permit for a violation of the provisions of NRS 574.360 to 574.440, inclusive, as those provisions apply to breeders.
Sec. 1.9. A breeder shall not:
1. Sell a dog or cat:
(a) Unless the dog or cat has had:
(1) A registered microchip subcutaneously inserted into the dog or cat; and
(2) All the required vaccinations for rabies which are appropriate based upon the age of the dog or cat; or
κ2011 Statutes of Nevada, Page 1595 (CHAPTER 281, SB 299)κ
(b) Without providing a written sales contract to the purchaser; or
2. Breed a female dog:
(a) Before she is 18 months old; or
(b) More than once a year.
Sec. 2. NRS 574.210 is hereby amended to read as follows:
574.210 As used in NRS 574.210 to 574.510, inclusive, and sections 1.3, 1.6 and 1.9 of this act, unless the context otherwise requires, the words and terms defined in NRS 574.220 to 574.330, inclusive, and section 1.3 of this act have the meanings ascribed to them in those sections.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 574.310 is hereby amended to read as follows:
574.310 Primary enclosure means a structure used to restrict the immediate movement of a dog or cat to a limited amount of space, such as a room, pen, run, cage, compartment or hutch [.] , and in which an animal is regularly so restricted for more than 7 hours during a 24-hour period.
Sec. 5. NRS 574.340 is hereby amended to read as follows:
574.340 1. The provisions of NRS 574.210 to 574.510, inclusive, and sections 1.3, 1.6 and 1.9 of this act do not apply to:
[1.] (a) The exhibition, production, marketing or disposal of any livestock, poultry, fish or other agricultural commodity [.
2.] or animal.
(b) Activities for which a license is required by the provisions of chapter 466 of NRS.
[3.] (c) The housing of domestic cats or dogs kept as pets or cared for, without remuneration other than payment for reasonable expenses relating to the care of the cats or dogs, on behalf of another person in a home environment.
[4.] (d) The exhibition of dogs or cats.
2. As used in this section:
(a) Animal has the meaning ascribed to it in NRS 564.010.
(b) Livestock has the meaning ascribed to it in NRS 569.0085.
Sec. 6. NRS 574.350 is hereby amended to read as follows:
574.350 No member, agent or officer of a society for the prevention of cruelty to animals may enforce the provisions of NRS 574.210 to 574.510, inclusive [.] , and sections 1.3, 1.6 and 1.9 of this act.
Secs. 7 and 8. (Deleted by amendment.)
Sec. 9. NRS 574.380 is hereby amended to read as follows:
574.380 If dogs or cats are kept outdoors, an operator shall:
1. Provide a suitable method for the rapid drainage of surface water from the area where each dog or cat is kept.
2. Provide each dog or cat with a sufficient amount of shelter to:
(a) Remain dry from rain and snow;
(b) Have enough shade to protect itself from any direct sunlight that is likely to cause overheating or discomfort; [and]
(c) Remain cool during a period for which the National Weather Service has issued a heat advisory;
(d) Protect the animal from wind which creates a wind chill below 50 degrees Fahrenheit or for which the National Weather Service has issued a high wind warning; and
(e) Remain warm when the atmospheric temperature falls below 50 degrees Fahrenheit. If the ambient temperature falls below [the temperature to which a dog or cat is acclimated,] 50 degrees Fahrenheit, the operator shall provide such an additional amount of clean bedding material or other protection as necessary for the dog or cat to remain warm.
κ2011 Statutes of Nevada, Page 1596 (CHAPTER 281, SB 299)κ
shall provide such an additional amount of clean bedding material or other protection as necessary for the dog or cat to remain warm.
3. After considering the ambient temperature, provide each dog or cat with a sufficient amount of food and water necessary to sustain it in a healthy condition at that temperature.
Sec. 10. NRS 574.390 is hereby amended to read as follows:
574.390 1. An operator shall ensure that a primary enclosure [is] :
(a) Has a solid floor;
(b) Is not stacked on top of another primary enclosure; and
(c) Is constructed and maintained in such a manner as to:
[1.] (1) Protect the dogs or cats inside from injury;
[2.] (2) Prevent the dogs or cats inside from escaping;
[3.] (3) Keep other dogs or cats out;
[4.] (4) Allow the dogs or cats inside convenient access to food and water;
[5.] (5) Enable the dogs or cats inside to remain clean and dry; [and
6.] (6) Provide sufficient space for each dog or cat inside to turn about freely and to stand, sit and lie in a comfortable, normal position [.] ; and
(7) Prevent the dogs or cats inside from biting or otherwise harming an animal or person outside of the primary enclosure.
2. The provisions of paragraphs (a) and (b) of subsection 1 do not apply to an animal shelter.
Sec. 11. NRS 574.430 is hereby amended to read as follows:
574.430 An operator shall ensure that:
1. Insects, ectoparasites and avian, mammalian and reptilian pests are kept under control.
2. Supplies of food and bedding material are stored in facilities that afford adequate protection from infestation or contamination by vermin.
3. For primary enclosures used to restrict the immediate movement of a dog or cat:
(a) Excreta are removed [from primary enclosures] at least once daily to prevent contamination and to reduce to a minimum odors and the risk of disease [. A primary enclosure must be] ; and
(b) Each such primary enclosure is disinfected at least once daily and before placing another dog or cat in the primary enclosure. If a hosing or flushing method of cleaning is used, all dogs and cats must be removed from the primary enclosure and adequate measures must be taken to protect the dogs and cats in other primary enclosures from being contaminated with water and other wastes.
4. [Other] Primary enclosures used to restrict the immediate movement of an animal other than a dog or cat are cleaned, washed and disinfected at least once every 2 weeks to prevent any accumulation of debris or excreta and to reduce to a practical minimum substances and organisms injurious to the health of animals or humans.
5. Pens or runs with hard surfaces, and cages and rooms, are sanitized at least once every 2 weeks by:
(a) Washing them with water of a temperature not less than 120 degrees Fahrenheit and with soap or detergent;
(b) Washing all soiled surfaces with a safe and effective disinfectant; or
(c) Cleaning all soiled surfaces with live steam.
6. Pens or runs with gravel, sand or dirt surfaces are cleaned as often as necessary by removing and replacing the soiled gravel, sand or dirt.
κ2011 Statutes of Nevada, Page 1597 (CHAPTER 281, SB 299)κ
7. Sewage, solid wastes, soiled bedding, dead animals and debris are removed from housing facilities regularly and disposed of properly.
8. Facilities for disposal are maintained in such a manner as to reduce to a minimum odors and the risk of disease or infestation by vermin.
9. Adequate facilities, such as washrooms, basins or sinks, are provided for the cleanliness of persons handling animals.
Secs. 12-14. (Deleted by amendment.)
________
Senate Bill No. 257Senator Wiener
CHAPTER 282
[Approved: June 10, 2011]
AN ACT relating to crimes; revising various provisions governing graffiti offenses; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law generally provides that a person who unlawfully places graffiti on or otherwise defaces public or private property is guilty of a misdemeanor, gross misdemeanor or felony, depending on the value of the loss of the property. Additionally, if a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of the loss of all the property must be aggregated for the purposes of determining a penalty if the value of the loss is $5,000 or more. (NRS 206.330) Section 1 of this bill revises this provision and requires aggregation when the value of the loss is $500 or more. Section 1 also provides that a person who commits an offense on any protected site in this State is guilty of a category C felony.
Existing law also requires a person who unlawfully places graffiti on or otherwise defaces public or private property to pay a monetary fine and perform community service. (NRS 206.330) Section 1 specifies that in addition to any other fine or penalty imposed, a court may order such a person to pay restitution. Section 1 also provides that a person convicted of a third offense must perform up to 300 hours of community service for up to a year cleaning up, repairing, replacing or keeping clean of graffiti the property damaged or destroyed by the person or another specified property.
Section 2 of this bill also authorizes a court to order a person who unlawfully places graffiti on or otherwise defaces public or private property to participate in counseling, and if the person is less than 18 years of age, order the parent or legal guardian of the person to attend or participate in counseling. Section 2 further authorizes the owner of public or private property that has been damaged by graffiti to bring a civil action against the person who damaged the property. The property owner may be awarded damages in an amount up to three times the amount of any loss in value to the property and up to three times the cost of restoring the property, in addition to attorneys fees and costs.
κ2011 Statutes of Nevada, Page 1598 (CHAPTER 282, SB 257)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 206.330 is hereby amended to read as follows:
206.330 1. Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner:
(a) Where the value of the loss is less than $250, is guilty of a misdemeanor.
(b) Where the value of the loss is $250 or more but less than $5,000, is guilty of a gross misdemeanor.
(c) Where the value of the loss is $5,000 or more or where the damage results in the impairment of public communication, transportation or police and fire protection, is guilty of a category E felony and shall be punished as provided in NRS 193.130. If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.
(d) Where the offense is committed on any protected site in this State, is guilty of a category C felony and shall be punished as provided in NRS 193.130. If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.
2. If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses must be aggregated for the purpose of determining the penalty prescribed in subsection 1, but only if the value of the loss when aggregated is [$5,000] $500 or more.
3. A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:
(a) For the first offense, pay a fine of not less than $400 but not more than $1,000 and perform 100 hours of community service.
(b) For the second offense, pay a fine of not less than $750 but not more than $1,000 and perform 200 hours of community service.
(c) For the third and each subsequent offense [, pay] :
(1) Pay a fine of $1,000 ; and [perform 200 hours of]
(2) Perform up to 300 hours of community service [.] for up to 1 year, as determined by the court. The court may order the person to repair, replace, clean up or keep free of graffiti the property damaged or destroyed by the person or, if it is not practicable for the person to repair, replace, clean up or keep free of graffiti that specific property, the court may order the person to repair, replace, clean up or keep free of graffiti another specified property.
Κ The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.
4. The court may, in addition to any other fine or penalty imposed, order a person who violates subsection 1 to pay restitution.
κ2011 Statutes of Nevada, Page 1599 (CHAPTER 282, SB 257)κ
5. The parent or legal guardian of a person under [the age of] 18 years of age who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.
[5.] 6. If a person who is 18 years of age or older is found guilty of violating this section, the court shall, in addition to any other penalty imposed, issue an order suspending the drivers license of the person for not less than 6 months but not more than 2 years. The court shall require the person to surrender all drivers licenses then held by the person. If the person does not possess a drivers license, the court shall issue an order prohibiting the person from applying for a drivers license for not less than 6 months but not more than 2 years. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles any licenses together with a copy of the order.
[6.] 7. The Department of Motor Vehicles:
(a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.
(b) Shall report the suspension of a drivers license pursuant to this section to an insurance company or its agent inquiring about the persons driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.
[7.] 8. A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to this section or another statute for the same conduct.
[8.] 9. As used in this section:
(a) [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.
(b)] Impairment means the disruption of ordinary and incidental services, the temporary loss of use or the removal of the property from service for repair of damage.
(b) Protected site means:
(1) A site, landmark, monument, building or structure of historical significance pertaining to the history of the settlement of Nevada;
(2) Any Indian campgrounds, shelters, petroglyphs, pictographs and burials; or
(3) Any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves, burial ground or sites of religious or cultural importance to an Indian tribe.
(c) Value of the loss means the cost of repairing, restoring or replacing the property, including, without limitation, the cost of any materials and labor necessary to repair, restore or replace the item.
Sec. 2. NRS 206.345 is hereby amended to read as follows:
206.345 1. A court may, in addition to any other fine or penalty imposed, order a person who places graffiti on or otherwise defaces public or private property in violation of NRS 206.125 or 206.330 to participate in counseling, and if the person is less than 18 years of age, order the parent or legal guardian of the person to attend or participate in counseling pursuant to NRS 62E.290.
κ2011 Statutes of Nevada, Page 1600 (CHAPTER 282, SB 257)κ
counseling, and if the person is less than 18 years of age, order the parent or legal guardian of the person to attend or participate in counseling pursuant to NRS 62E.290.
2. If a court orders a person who violates the provisions of NRS 206.125 or 206.330 to pay restitution, the person shall pay the restitution to:
[1.] (a) The owner of the property which was affected by the violation; or
[2.] (b) If the violation involved the placing of graffiti on any public property, the governmental entity that incurred expenses for removing, covering or cleaning up the graffiti.
3. The owner of public or private property that has been damaged by graffiti may bring a civil action against the person who placed the graffiti on such property. The court may award to the property owner damages in an amount up to three times the amount of any loss in value to the property and up to three times the cost of restoring the property plus attorneys fees and costs, which may be recovered from the offender or, if the offender is less than 18 years of age, from the parent or legal guardian of the offender.
Sec. 3. NRS 381.225 is hereby amended to read as follows:
381.225 1. It is unlawful for any person to commit vandalism upon any historic or prehistoric sites, natural monuments, speleological sites and objects of antiquity, or to write or paint or carve initials or words, or in any other way deface, any of those objects, Indian paintings or historic buildings.
2. Unless a greater penalty is provided in NRS 206.125 [,] or 206.330, a person violating the provisions of subsection 1 is guilty of a public offense proportionate to the value of the property damaged or destroyed as set forth in NRS 193.155.
________
κ2011 Statutes of Nevada, Page 1601κ
Senate Bill No. 236Committee on Natural Resources
CHAPTER 283
[Approved: June 10, 2011]
AN ACT relating to highways; declaring that it is the policy of this State to encourage and promote the use of recycled aggregate, recycled bituminous pavement and recycled rubber from tires in the construction, reconstruction, improvement, maintenance and repair of public highways in this State; requiring the Director of the Department of Transportation to adopt policies that provide for the use of such materials in highway projects; requiring a local government that undertakes certain road or highway projects to adopt policies that provide for the use of such materials in the projects; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1.5 of this bill declares it to be the policy of this State to encourage and promote the use of recycled aggregate, recycled bituminous pavement and recycled rubber from tires in the construction, reconstruction, improvement, maintenance and repair of public highways in this State. Section 2 of this bill requires the Director of the Department of Transportation to adopt policies that provide for the use of recycled aggregate, recycled bituminous pavement and recycled rubber from tires in projects for the construction, reconstruction, improvement, maintenance or repair of highways. Section 2.3 of this bill requires the Department to ensure that the use of any recycled aggregate, recycled bituminous pavement or recycled rubber from tires in certain projects is not restricted unless scientific evidence satisfactory to the Department indicates that the use of the recycled aggregate, recycled bituminous pavement or recycled rubber from tires for the project compromises the soundness of the project. Sections 2.5 and 3 of this bill impose comparable requirements on local governments that undertake public works projects for the construction, reconstruction, improvement, maintenance or repair of a public road or public highway.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.5. The Legislature hereby declares that it is the policy of this State to encourage and promote the use of recycled aggregate, recycled bituminous pavement and recycled rubber from tires in the construction, reconstruction, improvement, maintenance and repair of public roads and highways in this State.
Sec. 2. Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:
The Director shall adopt policies that provide for the use of recycled aggregate, recycled bituminous pavement and recycled rubber from tires in projects for the construction, reconstruction, improvement, maintenance and repair of highways undertaken by the Department pursuant to this chapter.
κ2011 Statutes of Nevada, Page 1602 (CHAPTER 283, SB 236)κ
Sec. 2.3. NRS 408.313 is hereby amended to read as follows:
408.313 [All]
1. Except as otherwise provided in subsection 2, all highways constructed under the provisions of this chapter shall be constructed in such manner as to provide for sufficient and permanent drainage and of such materials as to insure, so far as reasonably may be done, considering all of the circumstances, permanent wearing qualities and to provide against excessive maintenance cost. Regard shall always be had to the character and quality of the traffic to be accommodated and the interests of the public to be served.
2. The Department shall ensure that the use of any recycled aggregate, recycled bituminous pavement or recycled rubber from tires, or any combination thereof, in any project for the construction, reconstruction, improvement, maintenance or repair of a highway is not restricted unless scientific evidence satisfactory to the Department clearly indicates that the use of the recycled aggregate, recycled bituminous pavement or recycled rubber from tires for that project compromises the soundness of the project.
Sec. 2.5. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of a local government that undertakes a project pursuant to this chapter for the construction, reconstruction, improvement, maintenance or repair of a public road or public highway shall adopt policies that provide for the use of recycled aggregate, recycled bituminous pavement and recycled rubber from tires in the project.
Sec. 3. NRS 338.1373 is hereby amended to read as follows:
338.1373 1. A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of:
(a) NRS 338.1377 to 338.139, inclusive;
(b) NRS 338.143 to 338.148, inclusive;
(c) NRS 338.169 to 338.1699, inclusive; or
(d) NRS 338.1711 to 338.1727, inclusive.
2. A local government or its authorized representative which awards a contract for a public work pursuant to subsection 1 which includes the construction, reconstruction, improvement, maintenance or repair of a public road or public highway shall ensure that the use of any recycled aggregate, recycled bituminous pavement or recycled rubber from tires, or any combination thereof, in the construction, reconstruction, improvement, maintenance or repair of the public road or public highway is not restricted unless scientific evidence satisfactory to the local government clearly indicates that the use of the recycled aggregate, recycled bituminous pavement or recycled rubber from tires for that construction, reconstruction, improvement, maintenance or repair compromises the soundness of the project.
3. The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142, 338.169 to 338.1699, inclusive, and 338.1711 to 338.1727, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive [.] , and section 2 of this act.
κ2011 Statutes of Nevada, Page 1603 (CHAPTER 283, SB 236)κ
Sec. 3.5. The amendatory provisions of this act do not apply to:
1. A project specified in section 2 or 2.5 of this act or NRS 408.313, as amended by section 2.3 of this act, which is commenced before July 1, 2011; or
2. A contract specified in NRS 338.1373, as amended by section 3 of this act, which is entered into before July 1, 2011.
Sec. 4. This act becomes effective on July 1, 2011.
________
Senate Bill No. 223Senators Breeden, Parks; and Manendo
Joint Sponsor: Assemblyman Segerblom
CHAPTER 284
[Approved: June 10, 2011]
AN ACT relating to animals; authorizing a person to report an act of cruelty against an animal; requiring such a report to be kept confidential under certain circumstances; making certain willful and malicious acts of cruelty to certain animals punishable as a felony; clarifying that a retailer, dealer or operator who separates a dog or cat from its mother is guilty of a misdemeanor under certain circumstances; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a person from committing an act of cruelty against an animal. (NRS 574.100) Cruelty is defined to include any act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted. (NRS 574.050) For a first or second offense within 7 years, existing law provides that a person who commits an act of cruelty against an animal is guilty of a misdemeanor. For a third or subsequent offense within 7 years, existing law provides that such a person is guilty of a category C felony. (NRS 574.100) Existing law also prohibits a person from committing certain acts against a dog that is owned by another person and that is used in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined. Specifically, a person who willfully, unjustifiably and maliciously tampers or interferes with such a dog is guilty of a category D felony. A person who willfully and unjustifiably abuses or injures such a dog is guilty of a category D felony and may be further punished by a fine of not more than $10,000. A person who willfully and unjustifiably kills such a dog is guilty of a category C felony. (NRS 574.107) Section 1 of this bill: (1) authorizes a person to report an act of cruelty against an animal to any peace officer, officer of a society for the prevention of cruelty to animals or animal control officer; (2) provides that the report is confidential; and (3) prohibits releasing any information concerning the report except for the purposes of a criminal investigation or prosecution. Section 4 of this bill provides that a person who willfully and maliciously commits certain acts of cruelty against an animal kept for companionship or pleasure or against any cat or dog is guilty of a category D felony, except that the person is guilty of a category C felony if the act of cruelty is committed against the animal in order to threaten, intimidate or terrorize another person.
κ2011 Statutes of Nevada, Page 1604 (CHAPTER 284, SB 223)κ
Existing law prohibits a retailer, dealer or operator from separating a dog or cat from its mother until it is 8 weeks of age or is accustomed to taking food or nourishment other than by nursing, whichever is later. (NRS 574.500) Although no penalty is specifically provided for violating that prohibition, existing law provides that whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, a person who commits that act is guilty of a misdemeanor. (NRS 193.170) Section 6 of this bill clarifies that a person who separates a dog or cat from its mother before it is 8 weeks old or is accustomed to taking food or nourishment other than by nursing is guilty of a misdemeanor.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 574 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who knows or has reasonable cause to believe that an animal has been subjected to an act of cruelty in violation of NRS 574.100 may report the act of cruelty to any:
(a) Peace officer;
(b) Officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to NRS 574.040; or
(c) Animal control officer.
2. Any report made pursuant to subsection 1 is confidential.
3. Any person, law enforcement agency, society for the prevention of cruelty to animals or animal control agency that willfully releases data or information concerning the reports, except for the purposes of a criminal investigation or prosecution, is guilty of a misdemeanor.
Sec. 2. NRS 574.050 is hereby amended to read as follows:
574.050 As used in NRS 574.050 to 574.200, inclusive [:] , and section 1 of this act:
1. Animal does not include the human race, but includes every other living creature.
2. First responder means a person who has successfully completed the national standard course for first responders.
3. Police animal means an animal which is owned or used by a state or local governmental agency and which is used by a peace officer in performing his or her duties as a peace officer.
4. Torture or cruelty includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.
Sec. 3. NRS 574.055 is hereby amended to read as follows:
574.055 1. Any peace officer or officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to NRS 574.040 shall, upon discovering any animal which is being treated cruelly, take possession of it and provide it with shelter and care or, upon obtaining written permission from the owner of the animal, may destroy it in a humane manner.
2. If an officer takes possession of an animal, the officer shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, and the fact that there is a limited lien on the animal for the cost of shelter and care.
κ2011 Statutes of Nevada, Page 1605 (CHAPTER 284, SB 223)κ
cost of shelter and care. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, the officer shall post the notice on the property from which the officer takes the animal. If the identity and address of the owner are later determined, the notice must be mailed to the owner immediately after the determination is made.
3. An officer who takes possession of an animal pursuant to this section has a lien on the animal for the reasonable cost of care and shelter furnished to the animal and, if applicable, for its humane destruction. The lien does not extend to the cost of care and shelter for more than 2 weeks.
4. Upon proof that the owner has been notified in accordance with the provisions of subsection 2 or, if the owner has not been found or identified, that the required notice has been posted on the property where the animal was found, a court of competent jurisdiction may, after providing an opportunity for a hearing, order the animal sold at auction, humanely destroyed or continued in the care of the officer for such disposition as the officer sees fit.
5. An officer who seizes an animal pursuant to this section is not liable for any action arising out of the taking or humane destruction of the animal.
6. The provisions of this section do not apply to any animal which is located on land being employed for an agricultural use as defined in NRS 361A.030 unless the owner of the animal or the person charged with the care of the animal is in violation of paragraph [(b)] (c) of subsection 1 of NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the sheriff or the sheriffs designee, a licensed veterinarian and the district brand inspector or the district brand inspectors designee. In such a case, the sheriff shall direct that the impoundment occur not later than 48 hours after the veterinarian determines that a violation of paragraph [(b)] (c) of subsection 1 of NRS 574.100 exists.
7. The owner of an animal impounded in accordance with the provisions of subsection 6 must, before the animal is released to the owners custody, pay the charges approved by the sheriff as reasonably related to the impoundment, including the charges for the animals food and water. If the owner is unable or refuses to pay the charges, the State Department of Agriculture shall sell the animal. The Department shall pay to the owner the proceeds of the sale remaining after deducting the charges reasonably related to the impoundment.
Sec. 4. NRS 574.100 is hereby amended to read as follows:
574.100 1. A person shall not:
(a) [Overdrive,] Torture or unjustifiably maim, mutilate or kill:
(1) An animal kept for companionship or pleasure, whether belonging to the person or to another; or
(2) Any cat or dog;
(b) Except as otherwise provided in paragraph (a), overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to the person or to another;
[(b)] (c) Deprive an animal of necessary sustenance, food or drink, or neglect or refuse to furnish it such sustenance or drink;
[(c)] (d) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed or to be deprived of necessary food or drink;
[(d)] (e) Instigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty; or
κ2011 Statutes of Nevada, Page 1606 (CHAPTER 284, SB 223)κ
[(e)] (f) Abandon an animal in circumstances other than those prohibited in NRS 574.110.
2. Except as otherwise provided in subsections 3 and 4 and NRS 574.210 to 574.510, inclusive, a person shall not restrain a dog:
(a) Using a tether, chain, tie, trolley or pulley system or other device that:
(1) Is less than 12 feet in length;
(2) Fails to allow the dog to move at least 12 feet or, if the device is a pulley system, fails to allow the dog to move a total of 12 feet; or
(3) Allows the dog to reach a fence or other object that may cause the dog to become injured or die by strangulation after jumping the fence or object or otherwise becoming entangled in the fence or object;
(b) Using a prong, pinch or choke collar or similar restraint; or
(c) For more than 14 hours during a 24-hour period.
3. Any pen or other outdoor enclosure that is used to maintain a dog must be appropriate for the size and breed of the dog. If any property that is used by a person to maintain a dog is of insufficient size to ensure compliance by the person with the provisions of paragraph (a) of subsection 2, the person may maintain the dog unrestrained in a pen or other outdoor enclosure that complies with the provisions of this subsection.
4. The provisions of subsections 2 and 3 do not apply to a dog that is:
(a) Tethered, chained, tied, restrained or placed in a pen or enclosure by a veterinarian, as defined in NRS 574.330, during the course of the veterinarians practice;
(b) Being used lawfully to hunt a species of wildlife in this State during the hunting season for that species;
(c) Receiving training to hunt a species of wildlife in this State;
(d) In attendance at and participating in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined;
(e) Being kept in a shelter or boarding facility or temporarily in a camping area;
(f) Temporarily being cared for as part of a rescue operation or in any other manner in conjunction with a bona fide nonprofit organization formed for animal welfare purposes;
(g) Living on land that is directly related to an active agricultural operation, if the restraint is reasonably necessary to ensure the safety of the dog. As used in this paragraph, agricultural operation means any activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry; or
(h) With a person having custody or control of the dog, if the person is engaged in a temporary task or activity with the dog for not more than 1 hour.
5. A person who willfully and maliciously violates paragraph (a) of subsection 1:
(a) Except as otherwise provided in paragraph (b), is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) If the act is committed in order to threaten, intimidate or terrorize another person, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
6. Except as otherwise provided in subsection 5, a person who violates subsection 1, 2 or 3:
κ2011 Statutes of Nevada, Page 1607 (CHAPTER 284, SB 223)κ
(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
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 either at a time when the person is not required to be at the persons place of employment or on a weekend.
(b) For the second offense within the immediately preceding 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 the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
[6.] 7. In addition to any other fine or penalty provided in subsection 5 [,] or 6, a court shall order a person convicted of violating subsection 1, 2 or 3 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, 2 or 3, including, without limitation, money expended for veterinary treatment, feed and housing.
[7.] 8. The court may order the person convicted of violating subsection 1, 2 or 3 to surrender ownership or possession of the mistreated animal.
[8.] 9. The provisions of this section do not apply with respect to an injury to or the death of an animal that occurs accidentally in the normal course of:
(a) Carrying out the activities of a rodeo or livestock show; or
(b) Operating a ranch.
Sec. 5. NRS 574.200 is hereby amended to read as follows:
574.200 The provisions of NRS 574.050 to 574.510, inclusive, and section 1 of this act do not:
1. Interfere with any of the fish and game laws contained in title 45 of NRS or any laws for the destruction of certain birds.
2. Interfere with the right to destroy any venomous reptiles or animals, or any animal known as dangerous to life, limb or property.
3. Interfere with the right to kill all animals and fowl used for food.
4. Prohibit or interfere with any properly conducted scientific experiments or investigations which are performed under the authority of the faculty of some regularly incorporated medical college or university of this State.
5. Interfere with any scientific or physiological experiments conducted or prosecuted for the advancement of science or medicine.
κ2011 Statutes of Nevada, Page 1608 (CHAPTER 284, SB 223)κ
6. Prohibit or interfere with established methods of animal husbandry, including the raising, handling, feeding, housing and transporting of livestock or farm animals.
Sec. 6. NRS 574.500 is hereby amended to read as follows:
574.500 1. A retailer, dealer or operator shall not separate a dog or cat from its mother until it is 8 weeks of age or accustomed to taking food or nourishment other than by nursing, whichever is later.
2. A person who violates the provisions of this section is guilty of a misdemeanor.
________
Senate Bill No. 77Committee on Government Affairs
CHAPTER 285
[Approved: June 10, 2011]
AN ACT relating to notaries public; revising provisions relating to the requirements for appointment as a notary public, storage of the stamp and journal of a notary public, documentation of notarial acts, and liability and penalties for certain misconduct and violations of law by a notary public or an employer of a notary public; prohibiting a notary public from performing a notarial act on certain documents or from making or noting a protest of a negotiable instrument under certain circumstances; authorizing the Secretary of State to impose a civil penalty for certain violations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Notaries public are appointed by and subject to the authority of the Secretary of State pursuant to the provisions of chapter 240 of NRS. Section 2 of this bill requires, if required by the Secretary of State, a person applying for appointment as a notary public to submit with the application a complete set of his or her fingerprints and a fee. Sections 3 and 5 of this bill require a notary public to keep his or her stamp and journal in a secure location when not using the stamp or journal. Section 5 also revises provisions relating to the documentation of notarial acts performed: (1) at the same time and for the same person; or (2) for a person for whom a notary public has performed a notarial act within the previous 6 months. Section 4 of this bill prohibits a notary public from performing a notarial act on a document that is not completely filled out and signed and prohibits the notary public from making or noting a protest of a negotiable instrument under certain circumstances. Section 6 of this bill amends provisions relating to penalties for violations of law by notaries public and employers of notaries public.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 240.030 is hereby amended to read as follows:
240.030 1. Each person applying for appointment as a notary public must:
κ2011 Statutes of Nevada, Page 1609 (CHAPTER 285, SB 77)κ
(a) At the time the applicant submits his or her application, pay to the Secretary of State $35.
(b) Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if the applicant were a public officer.
(c) Submit to the Secretary of State proof satisfactory to the Secretary of State that the applicant has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018.
(d) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant must submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.
(e) If required by the Secretary of State, submit:
(1) A complete set of the fingerprints of the applicant and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(2) A fee established by regulation of the Secretary of State which must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
2. In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public who resides in an adjoining state must submit to the Secretary of State with the application:
(a) An affidavit setting forth the adjoining state in which the applicant resides, the applicants mailing address and the address of the applicants place of business or employment that is located within the State of Nevada;
(b) A copy of the applicants state business license issued pursuant to chapter 76 of NRS and any business license required by the local government where the business is located, if the applicant is self-employed; and
(c) Unless the applicant is self-employed, a copy of the state business license of the applicants employer, a copy of any business license of the applicants employer that is required by the local government where the business is located and an affidavit from the applicants employer setting forth the facts which show that the employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.
3. In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant must not be required to disclose his or her residential address or telephone number on any such document which will become available to the public.
4. The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when the applicant applies for the appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. On a form provided by the Secretary of State, the county clerk shall immediately certify to the Secretary of State that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as a notary public to the applicant.
κ2011 Statutes of Nevada, Page 1610 (CHAPTER 285, SB 77)κ
required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as a notary public to the applicant.
5. The term of a notary public commences on the effective date of the bond required pursuant to paragraph (d) of subsection 1. A notary public shall not perform a notarial act after the effective date of the bond unless the notary public has been issued a certificate of appointment.
6. Except as otherwise provided in this subsection, the Secretary of State shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.
Sec. 3. NRS 240.040 is hereby amended to read as follows:
240.040 1. The statement required by paragraph (d) of subsection 1 of NRS 240.1655 must:
(a) Be imprinted in indelible, photographically reproducible ink with a rubber or other mechanical stamp; and
(b) Set forth:
(1) The name of the notary public;
(2) The phrase Notary Public, State of Nevada;
(3) The date on which the appointment of the notary public expires;
(4) The number of the certificate of appointment of the notary public;
(5) If the notary public so desires, the Great Seal of the State of Nevada; and
(6) If the notary public is a resident of an adjoining state, the word nonresident.
2. After July 1, 1965, an embossed notarial seal is not required on notarized documents.
3. The stamp required pursuant to subsection 1 must:
(a) Be a rectangle, not larger than 1 inch by 2 1/2 inches, and may contain a border design; and
(b) Produce a legible imprint.
4. A notary public shall not affix his or her stamp over printed material.
5. A notary public shall keep his or her stamp in a secure location during any period in which the notary public is not using the stamp to perform a notarial act.
6. As used in this section, mechanical stamp includes an imprint made by a computer or other similar technology.
Sec. 4. NRS 240.075 is hereby amended to read as follows:
240.075 A notary public shall not:
1. Influence a person to enter or not enter into a lawful transaction involving a notarial act performed by the notary public.
2. Certify an instrument containing a statement known by the notary public to be false.
3. Perform any act as a notary public with intent to deceive or defraud, including, without limitation, altering the journal that the notary public is required to keep pursuant to NRS 240.120.
4. Endorse or promote any product, service or offering if his or her appointment as a notary public is used in the endorsement or promotional statement.
κ2011 Statutes of Nevada, Page 1611 (CHAPTER 285, SB 77)κ
5. Certify photocopies of a certificate of birth, death or marriage or a divorce decree.
6. Allow any other person to use his or her notarys stamp.
7. Allow any other person to sign the notarys name in a notarial capacity.
8. Perform a notarial act on a document that contains only a signature.
9. Perform a notarial act on a document, including a form that requires the signer to provide information within blank spaces, unless the document has been filled out completely and has been signed.
10. Make or note a protest of a negotiable instrument unless the notary public is employed by a depository institution and the protest is made or noted within the scope of that employment. As used in this subsection, depository institution has the meaning ascribed to it in NRS 657.037.
Sec. 5. NRS 240.120 is hereby amended to read as follows:
240.120 1. [Each] Except as otherwise provided in subsection 2, each notary public shall keep a journal in his or her office in which the notary public shall enter for each notarial act performed, at the time the act is performed:
(a) The fees charged, if any;
(b) The title of the document;
(c) The date on which the notary public performed the service;
(d) [The] Except as otherwise provided in subsection 3, the name and signature of the person whose signature is being notarized;
(e) [A] Subject to the provisions of subsection 4, a description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized;
(f) An indication of whether the notary public administered an oath; and
(g) The type of certificate used to evidence the notarial act, as required pursuant to NRS 240.1655.
2. A notary public may make one entry in the journal which documents more than one notarial act if the notarial acts documented are performed:
(a) For the same person and at the same time; and
(b) On one document or on similar documents.
3. When taking an acknowledgment for a person, a notary public need not require the person to sign the journal if the notary public has performed a notarial act for the person within the previous 6 months and the notary public has personal knowledge of the identity of the person.
4. If, pursuant to subsection 3, a notary public does not require a person to sign the journal, the notary public shall enter known personally as the description required to be entered into the journal pursuant to paragraph (e) of subsection 1.
5. If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall:
(a) Require the witness to sign the journal in the space provided for the description of the evidence used; and
(b) Make a notation in the journal that the witness is a credible witness.
[3.] 6. The journal must:
(a) Be open to public inspection.
(b) Be in a bound volume with preprinted page numbers.
κ2011 Statutes of Nevada, Page 1612 (CHAPTER 285, SB 77)κ
[4.] 7. A notary public shall, upon request and payment of the fee set forth in NRS 240.100, provide a certified copy of an entry in his or her journal.
[5.] 8. A notary public shall keep his or her journal in a secure location during any period in which the notary public is not making an entry or notation in the journal pursuant to this section.
9. A notary public shall retain each journal that the notary public has kept pursuant to this section until 7 years after the date on which he or she ceases to be a notary public.
[6.] 10. A notary public shall file a report with the Secretary of State and the appropriate law enforcement agency if the journal of the notary public is lost or stolen.
[7.] 11. The provisions of this section do not apply to a person who is authorized to perform a notarial act pursuant to paragraph (b), (c) or (d) of subsection 1 of NRS 240.1635.
Sec. 6. NRS 240.150 is hereby amended to read as follows:
240.150 1. For misconduct or neglect in a case in which a notary public appointed pursuant to the authority of this State may act, either by the law of this State or of another state, territory or country, or by the law of nations, or by commercial usage, the notary public is liable on his or her official bond to the parties injured thereby, for all the damages sustained.
2. The employer of a notary public may be assessed a civil penalty by the Secretary of State of not more than $2,000 for each violation specified in subsection 4 committed by the notary public, and the employer is liable for any damages proximately caused by the misconduct of the notary public, if:
(a) The notary public was acting within the scope of his or her employment at the time the notary public engaged in the misconduct; and
(b) The employer of the notary public consented to the misconduct of the notary public.
3. The Secretary of State may refuse to appoint or may suspend or revoke the appointment of a notary public who fails to provide to the Secretary of State, within a reasonable time, information that the Secretary of State requests from the notary public in connection with a complaint which alleges a violation of this chapter.
4. Except as otherwise provided in this chapter, for any willful violation or neglect of duty or other violation of this chapter, or upon proof that [the] a notary public has been convicted of a crime [involving moral turpitude:
(a) A notary public or other person who violates a provision of this chapter may be fined not more than $2000 for each violation;
(b)] described in paragraph (c) of subsection 2 of NRS 240.010:
(a) The appointment of the notary public may be suspended for a period determined by the Secretary of State, but not exceeding the time remaining on the appointment;
[(c)] (b) The appointment of the notary public may be revoked [; or
(d)] after a hearing; or
(c) The notary public may be [fined and his or her appointment may be:
(1) Revoked; or
(2) Suspended for a period determined by the Secretary of State.] assessed a civil penalty of not more than $2,000 for each violation.
5. If the Secretary of State revokes or suspends the appointment of a notary public pursuant to this section, the Secretary of State shall:
κ2011 Statutes of Nevada, Page 1613 (CHAPTER 285, SB 77)κ
(a) Notify the notary public in writing of the revocation or suspension; and
(b) Cause notice of the revocation or suspension to be published [in a newspaper of general circulation in the county in which the notary public resides or works.] on the website of the Secretary of State.
6. Except as otherwise provided by law, the Secretary of State may [impose the fine] assess the civil penalty that is authorized pursuant to this section upon a notary public whose appointment has expired if the notary public committed the violation that justifies the [fine] civil penalty before his or her appointment expired.
7. The appointment of a notary public may be suspended or revoked by the Secretary of State pending a hearing if the Secretary of State believes it is in the public interest or is necessary to protect the public.
Sec. 6.5. NRS 240.201 is hereby amended to read as follows:
240.201 1. An electronic notary public shall keep a journal of each electronic notarial act which includes, without limitation, the requirements of subsections 1 and [2] 5 of NRS 240.120.
2. The Secretary of State may suspend the appointment of an electronic notary public who fails to produce any journal entry within 10 days after receipt of a request from the Secretary of State.
3. Upon resignation, revocation or expiration of an appointment as an electronic notary public, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, must be delivered to the Secretary of State.
Sec. 7. This act becomes effective upon passage and approval for the purpose of adopting regulations by the Secretary of State pursuant to the amendatory provisions of section 2 of this act and on January 1, 2012, for all other purposes.
________
Assembly Bill No. 530Committee on Ways and Means
CHAPTER 286
[Approved: June 10, 2011]
AN ACT relating to state financial administration; revising provisions relating to stale claims by state agencies; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a state agency is authorized to present a claim to the State Board of Examiners for payment from the Stale Claims Account in the State General Fund of an obligation if, for the year in which the obligation was incurred, an amount of money at least equal to the claim was appropriated to the state agency and reverted to the fund from which the money was appropriated. (NRS 353.097) This bill authorizes a state agency to pay from the appropriate budget account in the current fiscal year an obligation which is less than $100 or is for medical expenses pursuant to a claim by a third-party administrator and which was incurred in the previous fiscal year but was not submitted for payment until after money appropriated to the state agency for the previous fiscal year was reverted.
κ2011 Statutes of Nevada, Page 1614 (CHAPTER 286, AB 530)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.097 is hereby amended to read as follows:
353.097 1. As used in this section, stale claim means [a] any claim other than a claim for medical expenses submitted by a third-party administrator or a claim which is $100 or more, and which is presented by a state agency to the State Board of Examiners after the date on which it is provided by law that money appropriated to that state agency for the previous fiscal year reverts to the fund from which appropriated.
2. There is hereby created a Stale Claims Account in the State General Fund. Money for the Account must be provided by direct legislative appropriation.
3. Upon the approval of a stale claim as provided in this section, the claim must be paid from the Stale Claims Account. Payments of stale claims for a state agency must not exceed the amount of money reverted to the fund from which appropriated by the state agency for the fiscal year in which the obligations represented by the stale claims were incurred.
4. A stale claim must be approved for payment from the Stale Claims Account by the State Board of Examiners, except that the State Board of Examiners may authorize its Clerk, under such circumstances as it deems appropriate, to approve stale claims on behalf of the Board. A state agency that is aggrieved by a determination of the Clerk to deny all or any part of a stale claim may appeal that determination to the State Board of Examiners.
5. A stale claim may be approved and paid at any time, despite the age of the claim, if payable from available federal grants or from a permanent fund in the State Treasury other than the State General Fund.
6. A state agency may pay from the appropriate budget account in the current fiscal year an obligation of the state agency which:
(a) Is:
(1) Less than $100; or
(2) For medical expenses pursuant to a claim from a third-party administrator; and
(b) Was incurred in the previous fiscal year but was not submitted for payment until after the date on which it is provided by law that money appropriated to that state agency for the previous fiscal year reverts to the fund from which appropriated.
Sec. 2. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 1615κ
Assembly Bill No. 489Committee on Ways and Means
CHAPTER 287
[Approved: June 10, 2011]
AN ACT relating to corrections; revising provisions governing compensation for travel expenses for certain persons employed at certain correctional institutions or facilities within this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that employees of the Department of Corrections or the Division of Forestry of the State Department of Conservation and Natural Resources who are employed at certain correctional institutions or facilities within this State and who reside more than 25 miles from the respective institution or facility at which they work are entitled to receive as compensation for travel expenses not more than $7.50 for each day they report to work, in addition to their regular salary. (NRS 209.183) This bill specifies that employees of the Department of Corrections or the Division of Forestry who begin employment on or after July 1, 2011, are not eligible to receive such compensation for travel expenses.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.183 is hereby amended to read as follows:
209.183 [In]
1. Except as otherwise provided in subsection 2, in addition to his or her regular salary, each person employed by the Department of Corrections or the Division of Forestry of the State Department of Conservation and Natural Resources at the Southern Nevada Correctional Center, the Southern Desert Correctional Center, the Indian Springs Conservation Camp, the correctional institution identified as the Mens Prison No. 7 in chapter 656, Statutes of Nevada 1995, and chapter 478, Statutes of Nevada 1997, or the Jean Conservation Camp is entitled to receive, as compensation for travel expenses, not more than $7.50 for each day he or she reports to work if his or her residence is more than 25 miles from the respective institution or facility. The total cost for compensation for travel expenses authorized by this section must not exceed the amount specially appropriated for this purpose.
2. A person employed by the Department of Corrections or the Division of Forestry of the State Department of Conservation and Natural Resources who begins employment on or after July 1, 2011, is not eligible to receive compensation for travel expenses pursuant to subsection 1.
Sec. 2. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 1616κ
Assembly Bill No. 463Committee on Judiciary
CHAPTER 288
[Approved: June 10, 2011]
AN ACT relating to motor vehicles; providing an expedited process for the forfeiture of certain seized vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the seizure and forfeiture of certain vehicles, including vehicles which have or which contain a part that has an identification number or mark that has been falsely attached, removed, defaced, altered or obliterated. (NRS 482.540) Sections 2 and 3 of this bill add certain vehicles which have been illegally altered in a manner that impairs the structural integrity of the vehicles to the vehicles which are subject to seizure and forfeiture.
Section 3 requires a court to schedule a hearing for the forfeiture of such a seized vehicle not later than 7 business days after an action for forfeiture is filed. Section 3 also requires the court to: (1) order the release of the vehicle to the owner of the vehicle or to another person who the court determines is entitled to the vehicle if the court finds that an identification number or mark which was placed on the vehicle has not been falsely attached, removed, defaced, altered or obliterated and the vehicle has not been illegally altered in a manner that impairs the structural integrity of the vehicle; or (2) order the vehicle to be destroyed or otherwise disposed of if there is no satisfactory evidence of ownership, an identification number or mark which was placed on the vehicle has been falsely attached, removed, defaced, altered or obliterated or the vehicle has been illegally altered in a manner that impairs the structural integrity of the vehicle.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 482.540 is hereby amended to read as follows:
482.540 1. Any police officer, without a warrant, may seize and take possession of any vehicle:
(a) Which is being operated with improper registration;
(b) Which the police officer has probable cause to believe has been stolen;
(c) Which the police officer has probable cause to believe has been illegally altered in a manner that impairs the structural integrity of the vehicle;
(d) On which any motor number, manufacturers number or identification mark has been falsely attached, removed, defaced, altered or obliterated; or
[(d)] (e) Which contains a part on which was placed or stamped by the manufacturer pursuant to federal law or regulation an identification number or other distinguishing number or mark that has been falsely attached, removed, defaced, altered or obliterated.
2. A law enforcement agency or an employee of the Department whose primary responsibility is to conduct investigations involving the theft of motor vehicles shall inspect any vehicle seized pursuant to paragraph [(c) or] (d) or (e) of subsection 1 to determine whether the number or mark in question on the vehicle or part from the vehicle has been falsely attached, removed, defaced, altered or obliterated and whether any person has presented satisfactory evidence of ownership of the vehicle.
κ2011 Statutes of Nevada, Page 1617 (CHAPTER 288, AB 463)κ
motor vehicles shall inspect any vehicle seized pursuant to paragraph [(c) or] (d) or (e) of subsection 1 to determine whether the number or mark in question on the vehicle or part from the vehicle has been falsely attached, removed, defaced, altered or obliterated and whether any person has presented satisfactory evidence of ownership of the vehicle. The agency or employee shall prepare a written report which sets forth the results of the inspection within 30 days after the vehicle is seized.
3. If the results of the report conclude that the number or mark in question has been falsely attached, removed, defaced, altered or obliterated and that there is no satisfactory evidence of ownership, the court shall declare the vehicle forfeited and proceed in the manner set forth in NRS 482.542.
4. A person must not be charged with any criminal act which caused a motor vehicle to be seized pursuant to paragraph [(c) or] (d) or (e) of subsection 1 until the report is completed pursuant to subsection 2.
5. As used in this section, police officer means:
(a) Any peace officer of the Department;
(b) Sheriffs of counties and officers of metropolitan police departments and their deputies; and
(c) Marshals and police officers of cities and towns.
Sec. 3. NRS 482.542 is hereby amended to read as follows:
482.542 1. Any vehicle seized pursuant to NRS 482.540 may be removed by a law enforcement agency or the Department to:
(a) A place designated for the storage of seized property.
(b) An appropriate place for disposal if that disposal is specifically authorized by statute.
2. If disposal of [the] a vehicle seized pursuant to NRS 482.540 is not specifically authorized by statute, [the vehicle is subject to forfeiture if it appears to the court having jurisdiction over the proceedings that the rightful owner of the vehicle cannot after due diligence be found.] a law enforcement agency or the Department may file a civil action for forfeiture of the vehicle:
(a) Pursuant to paragraph (c) of subsection 1 of NRS 4.370 in the justice court of the township where the vehicle which is the subject of the action was seized if the fair market value of the vehicle and the cost of towing and storing the vehicle does not exceed $10,000; or
(b) In the district court for the county where the vehicle which is the subject of the action was seized if the fair market value of the vehicle and the cost of towing and storing the vehicle equals or exceeds $10,000.
3. Upon the filing of a civil action pursuant to subsection 2, the court shall schedule a date for a hearing. The hearing must be held not later than 7 business days after the action is filed. The court shall affix the date of the hearing on a form for that purpose and order a copy served by the sheriff, constable or other process server upon each claimant whose identity is known to the law enforcement agency or Department or who can be identified through the exercise of due diligence.
4. The court shall:
(a) Order the release of the vehicle to the owner or to another person who the court determines is entitled to the vehicle if the court finds that:
(1) A motor number, manufacturers number or identification mark which was placed on the vehicle has not been falsely attached, removed, defaced, altered or obliterated; and
κ2011 Statutes of Nevada, Page 1618 (CHAPTER 288, AB 463)κ
(2) The vehicle has not been illegally altered in a manner that impairs the structural integrity of the vehicle; or
(b) Order the vehicle destroyed or otherwise disposed of as determined by the court, if the court finds that:
(1) There is no satisfactory evidence of ownership;
(2) A motor number, manufacturers number or identification mark which was placed on the vehicle has been falsely attached, removed, defaced, altered or obliterated; or
(3) The vehicle has been illegally altered in a manner that impairs the structural integrity of the vehicle.
[3.] 5. If a court declares that a vehicle seized pursuant to NRS 482.540 is forfeited, a law enforcement agency or the Department may:
(a) Retain it for official use;
(b) Sell it; or
(c) Remove it for disposal.
[4. If at any time after a vehicle is seized pursuant to NRS 482.540 the rightful owner of the vehicle demands its return, the Department shall:
(a) Return the vehicle to the owner; or
(b) If the vehicle was declared forfeited by a court and subsequently sold or removed for disposal, pay to the owner the fair market value of the vehicle at the time of forfeiture.]
6. As used in this section, claimant means any person who claims to have:
(a) Any right, title or interest of record in the property or proceeds subject to forfeiture;
(b) Any community property interest in the property or proceeds; or
(c) Had possession of the property or proceeds at the time of the seizure thereof by a law enforcement agency or the Department.
Sec. 4. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 1619κ
Assembly Bill No. 413Assemblymen Daly, Conklin, Hickey; Atkinson, Bobzien, Bustamante Adams, Carlton, Ellison, Horne, Kirkpatrick, Pierce and Smith
CHAPTER 289
[Approved: June 10, 2011]
AN ACT relating to public works; making various changes relating to the withholding of retainage on progress payments for public works contracts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a public body to withhold as retainage at least 10 percent of the progress payments owed to a contractor on a public works project during the first half of the project. (NRS 338.515) Similarly, contractors and subcontractors may withhold as retainage not more than 10 percent of progress payments to their subcontractors and suppliers during the first half of the public works project. (NRS 338.555, 338.595) Sections 1, 3 and 5 of this bill revise the maximum amount of retainage that may be withheld during the first half of the project to 5 percent of the progress payment. Sections 1, 3 and 5 also provide that, except under limited circumstances, the amount of retainage may not exceed 2.5 percent of progress payments during the second half of a public works project. Section 1 also allows a public body to pay some or all of the retainage withheld during the first half of the project if satisfactory progress is being made in the work or if a subcontractor has completed its portion of the work.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.515 is hereby amended to read as follows:
338.515 1. Except as otherwise provided in NRS 338.525, a public body and its officers or agents awarding a contract for a public work shall pay or cause to be paid to a contractor the progress payments due under the contract within 30 days after the date the public body receives the progress bill or within a shorter period if the provisions of the contract so provide. Not more than [90] 95 percent of the amount of any progress payment may be paid until 50 percent of the work required by the contract has been performed. [Thereafter,]
2. After 50 percent of the work required by the contract has been performed, the public body may pay [any] to the contractor:
(a) Any of the remaining progress payments without withholding additional retainage ; and
(b) Any amount of any retainage that was withheld from progress payments pursuant to subsection 1,
Κ if, in the opinion of the public body, satisfactory progress is being made in the work.
[2.] 3. After determining in accordance with subsection 2 whether satisfactory progress is being made in the work, the public body may pay to the contractor an amount of any retainage that was withheld from progress payments pursuant to subsection 1 if:
κ2011 Statutes of Nevada, Page 1620 (CHAPTER 289, AB 413)κ
(a) A subcontractor has performed a portion of the work;
(b) The public body determines that the portion of the work has been completed in compliance with all applicable plans and specifications;
(c) The subcontractor submits to the contractor:
(1) A release of the subcontractors claim for a mechanics lien for the portion of the work; and
(2) From each of the subcontractors subcontractors and suppliers who performed work or provided material for the portion of the work, a release of his or her claim for a mechanics lien for the portion of the work; and
(d) The amount of the retainage which the public body pays is in proportion to the portion of the work which the subcontractor has performed.
4. If, pursuant to subsection 3, the public body pays to the contractor an amount of any retainage that was withheld from progress payments pursuant to subsection 1 for the portion of the work which has been performed by the subcontractor, the contractor must pay to the subcontractor the portion of any retainage withheld by the contractor pursuant to NRS 338.555 for the portion of the work. If, pursuant to this subsection, the contractor pays to the subcontractor the portion of any retainage withheld by the contractor pursuant to NRS 338.555 for the portion of the work which has been performed by the subcontractor, the subcontractor must pay to the subcontractors subcontractors and suppliers the portion of any retainage withheld by the subcontractor pursuant to NRS 338.595 for the portion of the work.
5. If, after determining in accordance with subsection 2 whether satisfactory progress is being made in the work, the public body continues to withhold retainage from remaining progress payments:
(a) If the public body does not withhold any amount pursuant to NRS 338.525:
(1) The public body may not withhold more than 2.5 percent of the amount of any progress payment; and
(2) Before withholding any amount pursuant to subparagraph (1), the public body must pay to the contractor 50 percent of the amount of any retainage that was withheld from progress payments pursuant to subsection 1; or
(b) If the public body withholds any amount pursuant to NRS 338.525:
(1) The public body may not withhold more than 5 percent of the amount of any progress payment; and
(2) The public body may continue to retain the amount of any retainage that was withheld from progress payments pursuant to subsection 1.
6. Except as otherwise provided in NRS 338.525, a public body shall identify in the contract and pay or cause to be paid to a contractor the actual cost of the supplies, materials and equipment that:
(a) Are identified in the contract;
(b) Have been delivered and stored at a location, and in the time and manner, specified in a contract by the contractor or a subcontractor or supplier for use in a public work; and
(c) Are in short supply or were specially made for the public work,
κ2011 Statutes of Nevada, Page 1621 (CHAPTER 289, AB 413)κ
Κ within 30 days after the public body receives a progress bill from the contractor for those supplies, materials or equipment.
[3.] 7. A public body shall pay or cause to be paid to the contractor at the end of each quarter interest for the quarter on any amount withheld by the public body pursuant to NRS 338.400 to 338.645, inclusive, at a rate equal to the rate quoted by at least three insured banks, credit unions or savings and loan associations in this State as the highest rate paid on a certificate of deposit whose duration is approximately 90 days on the first day of the quarter. If the amount due to a contractor pursuant to this subsection for any quarter is less than $500, the public body may hold the interest until:
(a) The end of a subsequent quarter after which the amount of interest due is $500 or more;
(b) The end of the fourth consecutive quarter for which no interest has been paid to the contractor; or
(c) The amount withheld under the contract is due pursuant to NRS 338.520,
Κ whichever occurs first.
[4.] 8. If the Labor Commissioner has reason to believe that a worker is owed wages by a contractor or subcontractor, the Labor Commissioner may require the public body to withhold from any payment due the contractor under this section and pay the Labor Commissioner instead, an amount equal to the amount the Labor Commissioner believes the contractor owes to the worker. This amount must be paid by the Labor Commissioner to the worker if the matter is resolved in the workers favor, otherwise it must be returned to the public body for payment to the contractor.
Sec. 2. NRS 338.530 is hereby amended to read as follows:
338.530 1. If a public body receives:
(a) A progress bill or retainage bill, fails to give a contractor a written notice of any withholding in the manner set forth in subsection 2 of NRS 338.525, and does not pay the contractor within 30 days after receiving the progress bill or retainage bill; or
(b) A contractors written notice of the correction of a condition set forth pursuant to subsection 2 of NRS 338.525 as the reason for the withholding, signed by an authorized agent of the contractor, and fails to:
(1) Pay the amount of the progress payment or retainage payment that was withheld from the contractor within 30 days after the public body receives the next progress bill or retainage bill; or
(2) Object to the scope and manner of the correction, within 30 days after the public body receives the notice of correction, in a written statement that sets forth the reason for the objection and is signed by an authorized agent of the public body,
Κ the public body shall pay to the contractor, in addition to the entire amount of the progress bill or retainage bill or any unpaid portion thereof, interest from the 30th day on the amount delayed, at a rate equal to the amount provided for in subsection [3] 7 of NRS 338.515, until payment is made to the contractor.
2. If the public body objects pursuant to subparagraph (2) of paragraph (b) of subsection 1, it shall pay to the contractor an amount equal to the value of the corrections to which the public body does not object.
κ2011 Statutes of Nevada, Page 1622 (CHAPTER 289, AB 413)κ
Sec. 3. NRS 338.555 is hereby amended to read as follows:
338.555 1. If a public body and a contractor enter into a contract for a public work, the contractor may withhold as retainage not more than [10] 5 percent from the amount of any progress payment due under a subcontract which is made before 50 percent of the work has been completed under the subcontract. [Thereafter]
2. After 50 percent of the work required by the contract has been performed, the contractor shall pay any additional progress payments due under the subcontract without withholding any additional retainage if, in the opinion of the contractor, satisfactory progress is being made in the work under the subcontract, and the payment must be equal to that paid by the public body to the contractor for the work performed by the subcontractor.
[2.] If the contractor continues to withhold retainage from remaining progress payments:
(a) If the contractor does not withhold any amount pursuant to NRS 338.560:
(1) The contractor may not withhold more than 2.5 percent of the amount of any progress payment; and
(2) Before withholding any amount pursuant to subparagraph (1), the contractor must pay to the subcontractor 50 percent of the amount of any retainage that was withheld from progress payments pursuant to subsection 1; or
(b) If the contractor withholds any amount pursuant to NRS 338.560:
(1) The contractor may not withhold more than 5 percent of the amount of any progress payment; and
(2) The contractor may continue to retain the amount of any retainage that was withheld from progress payments pursuant to subsection 1.
3. If the contractor receives a payment of interest earned on the retainage or an amount withheld from a progress payment, the contractor shall, within 10 days after he or she receives the money, pay to each subcontractor or supplier that portion of the interest received from the public body which is attributable to the retainage or amount withheld from a progress payment by the contractor to the subcontractor or supplier.
Sec. 4. NRS 338.560 is hereby amended to read as follows:
338.560 1. A contractor may withhold from a progress payment or retainage payment an amount sufficient to pay:
(a) The expenses the contractor reasonably expects to incur as a result of the failure of his or her subcontractor or supplier to comply with the subcontract or applicable building code, law or regulation.
(b) An amount withheld from payment to the contractor by a public body pursuant to subsection [4] 8 of NRS 338.515 for a claim for wages against the subcontractor.
2. A contractor shall, within 10 days after the contractor receives:
(a) A progress payment or retainage payment from the public body for an amount that is less than the amount set forth in the applicable progress bill or retainage bill; or
(b) A progress bill or retainage bill from his or her subcontractor or supplier,
Κ give a written notice to his or her subcontractor or supplier of any amount that will be withheld pursuant to this section.
κ2011 Statutes of Nevada, Page 1623 (CHAPTER 289, AB 413)κ
3. The written notice must:
(a) Set forth:
(1) The amount of the progress payment or retainage payment that will be withheld from his or her subcontractor or supplier; and
(2) A detailed explanation of the reason the contractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, or documents related thereto, or applicable building code, law or regulation with which his or her subcontractor or supplier has failed to comply; and
(b) Be signed by an authorized agent of the contractor.
4. The contractor shall pay to his or her subcontractor or supplier the amount withheld by the public body or the contractor within 10 days after:
(a) The contractor receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of the subcontractor or supplier; or
(b) The public body pays to the contractor the amount withheld,
Κ whichever occurs later.
Sec. 5. NRS 338.595 is hereby amended to read as follows:
338.595 1. If a subcontractor and another subcontractor or supplier enter into a subcontract for a public work, the subcontractor may withhold as retainage not more than [10] 5 percent from the amount of any progress payment due under a subcontract which is made before 50 percent of the work has been completed under the subcontract. [The]
2. After 50 percent of the work required by the subcontractor or supplier has been performed, the subcontractor shall pay any additional progress payments due under the subcontract without withholding any additional retainage if, in the opinion of the subcontractor, satisfactory progress is being made in the work under the subcontract. The payment must be equal to that paid by the contractor to the subcontractor for the work performed or supplies provided by his or her subcontractor or supplier.
[2.] If the subcontractor continues to withhold retainage from remaining progress payments:
(a) If the subcontractor does not withhold any amount pursuant to NRS 338.600:
(1) The subcontractor may not withhold more than 2.5 percent of the amount of any progress payment; and
(2) Before withholding any amount pursuant to subparagraph (1), the subcontractor must pay to the subcontractor or supplier 50 percent of the amount of any retainage that was withheld from progress payments pursuant to subsection 1; or
(b) If the subcontractor withholds any amount pursuant to NRS 338.600:
(1) The subcontractor may not withhold more than 5 percent of the amount of any progress payment; and
(2) The subcontractor may continue to retain the amount of any retainage that was withheld from progress payments pursuant to subsection 1.
3. If the subcontractor receives a payment of interest earned on the retainage or an amount withheld from a progress payment, the subcontractor shall, within 10 days after receiving the money, pay to each of his or her subcontractors or suppliers that portion of the interest received from the contractor which is attributable to the retainage or amount withheld from a progress payment by the subcontractor to his or her subcontractor or supplier.
κ2011 Statutes of Nevada, Page 1624 (CHAPTER 289, AB 413)κ
subcontractors or suppliers that portion of the interest received from the contractor which is attributable to the retainage or amount withheld from a progress payment by the subcontractor to his or her subcontractor or supplier.
Sec. 6. This act becomes effective on October 1, 2011, and expires by limitation on July 1, 2015.
________
Assembly Bill No. 390Assemblymen Carlton, Ohrenschall, Brooks, Frierson, Carrillo; Atkinson, Benitez-Thompson, Bobzien, Bustamante Adams, Daly, Dondero Loop, Grady, Hansen, Hickey, Kirner, Kite, Oceguera, Pierce and Segerblom
Joint Sponsors: Senators Breeden, Kihuen, Manendo, Parks and Schneider
CHAPTER 290
[Approved: June 10, 2011]
AN ACT relating to energy assistance; clarifying that certain tenants are eligible for energy assistance under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Division of Welfare and Supportive Services of the Department of Health and Human Services to use money in the Fund for Energy Assistance and Conservation to assist eligible households in paying for natural gas and electricity. (NRS 702.260) Section 1 of this bill clarifies that certain tenants are eligible for assistance by the term eligible household which includes: (1) a tenant of a mobile home park subject to the provisions of NRS 704.905 to 704.960, inclusive, and; (2) a tenant who purchases electricity from a landlord who pays for electricity that is delivered through a master meter and who resells the electricity to the tenant based on the tenants actual use.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 702.260 is hereby amended to read as follows:
702.260 1. Seventy-five percent of the money in the Fund must be distributed to the Division of Welfare and Supportive Services for programs to assist eligible households in paying for natural gas and electricity. The Division may use not more than 5 percent of the money distributed to it pursuant to this section for its administrative expenses.
2. Except as otherwise provided in NRS 702.150, after deduction for its administrative expenses, the Division may use the money distributed to it pursuant to this section only to:
(a) Assist eligible households in paying for natural gas and electricity.
(b) Carry out activities related to consumer outreach.
(c) Pay for program design.
(d) Pay for the annual evaluations conducted pursuant to NRS 702.280.
κ2011 Statutes of Nevada, Page 1625 (CHAPTER 290, AB 390)κ
3. Except as otherwise provided in subsection 4, to be eligible to receive assistance from the Division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the Division.
4. The Division is authorized to render emergency assistance to a household if an emergency related to the cost or availability of natural gas or electricity threatens the health or safety of one or more of the members of the household. Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.
5. Before July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the Division shall determine the amount of assistance that the household will receive by using the existing formulas set forth in the state plan for low-income home energy assistance.
6. On or after July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the Division:
(a) Shall, to the extent practicable, determine the amount of assistance that the household will receive by determining the amount of assistance that is sufficient to reduce the percentage of the households income that is spent on natural gas and electricity to the median percentage of household income spent on natural gas and electricity statewide.
(b) May adjust the amount of assistance that the household will receive based upon such factors as:
(1) The income of the household;
(2) The size of the household;
(3) The type of energy that the household uses; and
(4) Any other factor which, in the determination of the Division, may make the household particularly vulnerable to increases in the cost of natural gas or electricity.
7. The Division shall adopt regulations to carry out and enforce the provisions of this section and NRS 702.250.
8. In carrying out the provisions of this section, the Division shall:
(a) Solicit advice from the Housing Division and from other knowledgeable persons;
(b) Identify and implement appropriate delivery systems to distribute money from the Fund and to provide other assistance pursuant to this section;
(c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;
(d) Establish a process for evaluating the programs conducted pursuant to this section;
(e) Develop a process for making changes to such programs; and
(f) Engage in annual planning and evaluation processes with the Housing Division as required by NRS 702.280.
9. For the purposes of this section, eligible household includes, without limitation:
(a) A tenant of a mobile home park subject to the provisions of NRS 704.905 to 704.960, inclusive; and
κ2011 Statutes of Nevada, Page 1626 (CHAPTER 290, AB 390)κ
(b) A tenant who purchases electricity from a landlord as described in paragraph (c) of subsection 2 of NRS 702.090 based on the actual usage of electricity by the tenant.
Sec. 2. The Division of Welfare and Supportive Services of the Department of Health and Human Services shall adopt regulations on or before October 1, 2011, to implement the amendatory provisions of section 1 of this act.
Sec. 3. This act becomes effective:
1. Upon passage and approval, for the purpose of adopting regulations.
2. On October 1, 2011, for all other purposes.
________
Assembly Bill No. 384Assemblymen Hickey; Goicoechea and Grady
CHAPTER 291
[Approved: June 10, 2011]
AN ACT relating to railroads; exempting an engineer who is driving a locomotive in a quiet zone established pursuant to federal regulations from provisions requiring the ringing of the bell or the sounding of the whistle of the locomotive; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Federal Railroad Administration of the United States Department of Transportation prescribes standards for sounding locomotive horns when locomotives approach and pass through public highway-rail grade crossings. The Federal Railroad Administration also provides standards for the creation and maintenance of quiet zones within which locomotive horns need not be sounded. (49 C.F.R. Part 222)
Under existing Nevada law, an engineer who drives a locomotive is guilty of a misdemeanor if he or she fails to ring the bell or sound the whistle of the locomotive at least 80 rods from any place where the railway crosses a traveled road or street. (NRS 705.430) This bill exempts from this state law requirement an engineer who drives a locomotive through a quiet zone established pursuant to federal regulations.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 705.430 is hereby amended to read as follows:
705.430 [Every]
1. Except as otherwise provided in subsection 2, every engineer driving a locomotive on any railway who [shall fail] fails to ring the bell or sound the whistle or horn upon [such] the locomotive [,] or to cause the [same] bell, whistle or horn to be rung or sounded [,] at least 80 rods from any place where [such] the railway crosses a traveled road or street [, where such road or street] that is customarily used by the public for the purpose of travel , [(except in cities where other regulations are required),] or who fails to continue the ringing of [such] the bell or the sounding of [such] the whistle or horn until [such] the locomotive [shall have] has crossed [such] the road or street, [shall be] is guilty of a misdemeanor.
κ2011 Statutes of Nevada, Page 1627 (CHAPTER 291, AB 384)κ
whistle or horn until [such] the locomotive [shall have] has crossed [such] the road or street, [shall be] is guilty of a misdemeanor.
2. The provisions of subsection 1 do not apply in any quiet zone established pursuant to regulations of the Federal Railroad Administration of the United States Department of Transportation.
3. As used in this section, quiet zone has the meaning ascribed to it in 49 C.F.R. § 222.9.
________
Assembly Bill No. 374Assemblymen Woodbury, Atkinson; Daly and Hammond
CHAPTER 292
[Approved: June 10, 2011]
AN ACT relating to mobile equipment; requiring the Director of the Department of Transportation to submit a report to the Governor and the Legislature relating to the elimination by outsourcing or the purchase or leasing of certain mobile equipment; requiring the Department to prepare and present an analysis of the costs and benefits associated with the purchasing or leasing of certain mobile equipment or contracting for the performance of the work which would have been performed using that mobile equipment; prohibiting the Board of Directors of the Department from approving the purchase of certain mobile equipment unless the Department justifies the purchase based on the costs and benefits analysis; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Transportation to submit various reports to the Legislature concerning the activities of the Department. (NRS 408.203) Section 2 of this bill provides that, on or before February 1 of each odd-numbered year, the Director is required to submit a report to the Governor and the Legislature concerning all mobile equipment eliminated by outsourcing or purchased or leased in the previous 2 years. Section 2 further requires that the report include, without limitation, the costs and benefits analysis prepared pursuant to section 3 of this bill and the justification for the decision to purchase or lease the mobile equipment or to enter into a contract for the performance of the work which would have been performed using the mobile equipment.
Existing law requires the Board of Directors of the Department to authorize the purchase by the Department of any equipment which exceeds $50,000. (NRS 408.389) Section 3 provides that, before the Board may approve the purchase of any mobile equipment which exceeds $50,000, the Department is required to: (1) prepare and present a costs and benefits analysis of purchasing or leasing the mobile equipment or contracting for the performance of the work which would have been performed using the mobile equipment; and (2) justify purchasing instead of leasing or contracting based on that analysis. Section 3 further prohibits the Board from approving any purchase of mobile equipment which exceeds $50,000 unless the Department is able to justify purchasing based on that analysis.
κ2011 Statutes of Nevada, Page 1628 (CHAPTER 292, AB 374)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 408.203 is hereby amended to read as follows:
408.203 The Director shall:
1. Compile a comprehensive report outlining the requirements for the construction and maintenance of highways for the next 10 years, including anticipated revenues and expenditures of the Department, and submit it to the Director of the Legislative Counsel Bureau for transmittal to the Chairs of the Senate and Assembly Standing Committees on Transportation.
2. Compile a comprehensive report of the requirements for the construction and maintenance of highways for the next 3 years, including anticipated revenues and expenditures of the Department, no later than October 1 of each even-numbered year, and submit it to the Director of the Legislative Counsel Bureau for transmittal to the Chairs of the Senate and Assembly Standing Committees on Transportation.
3. Report to the Legislature by February 1 of odd-numbered years the progress being made in the Departments 12-year plan for the resurfacing of state highways. The report must include an accounting of revenues and expenditures in the preceding 2 fiscal years, a list of the projects which have been completed, including mileage and cost, and an estimate of the adequacy of projected revenues for timely completion of the plan.
4. On or before February 1 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 concerning all mobile equipment eliminated by outsourcing or purchased or leased by the Department in the preceding 2 fiscal years. The report must include, without limitation, an analysis of the costs and benefits of each purchase, lease or contract prepared pursuant to subsection 2 of NRS 408.389, the justification for the decision to purchase, lease or contract and any other information required by the Director relating to such purchase, lease or contract.
Sec. 3. NRS 408.389 is hereby amended to read as follows:
408.389 1. [The] Except as otherwise provided in subsection 2, the Department shall not purchase any equipment which exceeds $50,000, unless the purchase is first approved by the Board.
2. Before the Board may approve the purchase of any mobile equipment which exceeds $50,000, the Department shall:
(a) Prepare and present to the Board an analysis of the costs and benefits, including, without limitation, all related personnel costs, that are associated with:
(1) Purchasing, operating and maintaining the same item of equipment;
(2) Leasing, operating and maintaining the same item of mobile equipment; or
(3) Contracting for the performance of the work which would have been performed using the mobile equipment; and
κ2011 Statutes of Nevada, Page 1629 (CHAPTER 292, AB 374)κ
(b) Justify the need for the purchase based on that analysis.
3. The Board shall not [delegate] :
(a) Delegate to the Director its authority to approve purchases of equipment pursuant to subsection 1 [.] ; or
(b) Approve any purchase of mobile equipment which exceeds $50,000 and for which the Department is unable to provide justification pursuant to subsection 2.
Sec. 4. This act becomes effective on July 1, 2011.
________
Assembly Bill No. 358Assemblyman Bobzien
CHAPTER 293
[Approved: June 10, 2011]
AN ACT relating to manufactured buildings; requiring the Administrator of the Manufactured Housing Division of the Department of Business and Industry to adopt regulations prescribing certain safety standards with respect to portable buildings; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Administrator of the Manufactured Housing Division of the Department of Business and Industry to adopt regulations with respect to the construction, assembly, installation and use of certain structures. (NRS 489.231, 489.241-489.261) Section 3 of this bill requires the Administrator to adopt regulations prescribing safety standards for the construction, transportation, installation, inspection, maintenance, repair and use of a portable building. A person who violates a regulation adopted by the Administrator pursuant to existing law or section 3 is subject to an administrative fine and a civil penalty. (NRS 489.381, 489.421, 489.811)
Section 5 of this bill exempts a portable building from regulation as a commercial coach.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Portable building means a structure which:
1. Is at ground level, has no axles and rests on the surface of the ground;
2. Is for nonresidential use;
3. Is not a fixture or improvement to real property;
4. Is designed to be used without a permanent foundation; and
κ2011 Statutes of Nevada, Page 1630 (CHAPTER 293, AB 358)κ
5. Contains an electrical system with a component that allows for the quick connection or disconnection of the electrical system to a source of electricity.
Sec. 3. The Administrator shall adopt regulations prescribing safety standards for:
1. The construction, transportation, installation and use of a portable building;
2. The inspection of any plumbing, heating, cooling, fuel burning or electrical system contained in a portable building; and
3. The maintenance and repair of a portable building.
Sec. 4. NRS 489.031 is hereby amended to read as follows:
489.031 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.036 to 489.155, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 489.062 is hereby amended to read as follows:
489.062 Commercial coach means a structure without motive power which is designed and equipped for human occupancy for industrial, professional or commercial purposes. The term does not include a recreational park trailer [.] or portable building.
Sec. 6. (Deleted by amendment.)
________
Assembly Bill No. 328Assemblywoman Benitez-Thompson
CHAPTER 294
[Approved: June 10, 2011]
AN ACT relating to motor vehicles; providing that a person who, while violating certain rules of the road, causes a collision with a pedestrian or person riding a bicycle has committed reckless driving; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that certain conduct by a driver of a vehicle constitutes reckless driving. (NRS 484B.653) Section 31 of this bill provides that a person who, while violating certain rules of the road relating to bicycles, pedestrians, crosswalks, school crossing guards, school zones or speeding, is the proximate cause of a collision with a pedestrian or person riding a bicycle has committed reckless driving.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-12. (Deleted by amendment.)
Sec. 12.3. NRS 483.460 is hereby amended to read as follows:
483.460 1. Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his or her conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
κ2011 Statutes of Nevada, Page 1631 (CHAPTER 294, AB 328)κ
(a) For a period of 3 years if the offense is:
(1) A violation of subsection [5] 6 of NRS 484B.653.
(2) A third or subsequent violation within 7 years of NRS 484C.110 or 484C.120.
(3) A violation of NRS 484C.110 or 484C.120 resulting in a felony conviction pursuant to NRS 484C.400 or 484C.410.
(4) A violation of NRS 484C.430 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430.
Κ The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed the period of imprisonment or that the person has been placed on residential confinement or parole.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter, including vehicular manslaughter as described in NRS 484B.657, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484C.110 or 484C.120 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484B.550.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484C.110 or 484C.120.
2. The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484C.110 or 484C.120 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.
3. When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484C.110 has been permitted to enter a program of treatment pursuant to NRS 484C.320, the Department shall reduce by one-half the period during which the person is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that the person was not accepted for or failed to complete the treatment.
4. The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484C.460 but who operates a motor vehicle without such a device:
κ2011 Statutes of Nevada, Page 1632 (CHAPTER 294, AB 328)κ
(a) For 3 years, if it is his or her first such offense during the period of required use of the device.
(b) For 5 years, if it is his or her second such offense during the period of required use of the device.
5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.
6. In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapters 484A to 484E, inclusive, of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the courts order.
7. As used in this section, device has the meaning ascribed to it in NRS 484C.450.
Sec. 12.5. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in this section, after a drivers license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484C.110, and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his or her work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.
Κ Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if the applicant is issued a restricted license.
2. A person who has been ordered to install a device in a motor vehicle pursuant to NRS 484C.460:
(a) Shall install the device not later than 21 days after the date on which the order was issued; and
(b) May not receive a restricted license pursuant to this section until:
(1) After at least 1 year of the period during which the person is not eligible for a license, if the person was convicted of:
(I) A violation of NRS 484C.430 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or
(II) A violation of NRS 484C.110 that is punishable as a felony pursuant to NRS 484C.410 or 484C.420;
(2) After at least 180 days of the period during which the person is not eligible for a license, if the person was convicted of a violation of subsection [5] 6 of NRS 484B.653; or
(3) After at least 45 days of the period during which the person is not eligible for a license, if the person was convicted of a first violation within 7 years of NRS 484C.110.
κ2011 Statutes of Nevada, Page 1633 (CHAPTER 294, AB 328)κ
3. If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484C.460, the Department shall not issue a restricted drivers license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.
4. After a drivers license has been revoked or suspended pursuant to title 5 of NRS, the Department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his or her work, or both; or
(b) If applicable, to and from school.
5. After a drivers license has been suspended pursuant to NRS 483.443, the Department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his or her work, or both;
(b) To receive regularly scheduled medical care for himself, herself or a member of his or her immediate family; or
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
6. A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:
(a) A violation of NRS 484C.110, 484C.210 or 484C.430;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),
Κ the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.
7. The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
8. Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 12.7. NRS 484B.270 is hereby amended to read as follows:
484B.270 1. The driver of a motor vehicle shall not:
(a) Intentionally interfere with the movement of a person lawfully riding a bicycle or an electric bicycle; or
(b) Overtake and pass a person riding a bicycle or an electric bicycle unless the driver can do so safely without endangering the person riding the bicycle or electric bicycle.
2. The driver of a motor vehicle shall yield the right-of-way to any person riding a bicycle or an electric bicycle on the pathway or lane. The driver of a motor vehicle shall not enter, stop, stand, park or drive within a pathway or lane provided for bicycles or electric bicycles except:
κ2011 Statutes of Nevada, Page 1634 (CHAPTER 294, AB 328)κ
(a) When entering or exiting an alley or driveway;
(b) When operating or parking a disabled vehicle;
(c) To avoid conflict with other traffic;
(d) In the performance of official duties;
(e) In compliance with the directions of a police officer; or
(f) In an emergency.
3. Except as otherwise provided in subsection 2, the driver of a motor vehicle shall not enter or proceed through an intersection while driving within a pathway or lane provided for bicycles or electric bicycles.
4. The driver of a motor vehicle shall:
(a) Exercise due care to avoid a collision with a person riding a bicycle or an electric bicycle; and
(b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision.
5. If, while violating any provision of subsections 1 to 4, inclusive, the driver of a motor vehicle is the proximate cause of a collision with a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
6. The operator of a bicycle or an electric bicycle shall not:
(a) Intentionally interfere with the movement of a motor vehicle; or
(b) Overtake and pass a motor vehicle unless the operator can do so safely without endangering himself or herself or the occupants of the motor vehicle.
Sec. 13. NRS 484B.280 is hereby amended to read as follows:
484B.280 1. A driver of a motor vehicle shall:
[1.] (a) Exercise due care to avoid a collision with a pedestrian;
[2.] (b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision; and
[3.] (c) Exercise proper caution upon observing a pedestrian [on] :
(1) On or near a highway, street or road ;
(2) At or near a bus stop or bench, shelter or transit stop for passengers of public mass transportation or in the act of boarding a bus or other public transportation vehicle; or [in]
(3) In or near a school crossing zone marked in accordance with NRS 484B.363 or a marked or unmarked crosswalk.
2. If, while violating any provision of this section, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
Sec. 14. NRS 484B.283 is hereby amended to read as follows:
484B.283 1. Except as otherwise provided in NRS 484B.287, 484B.290 and 484B.350:
[1.] (a) When official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.
[2.] (b) A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
κ2011 Statutes of Nevada, Page 1635 (CHAPTER 294, AB 328)κ
[3.] (c) Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.
[4.] (d) Whenever signals exhibiting the words Walk or Dont Walk are in place, such signals indicate as follows:
[(a)] (1) While the Walk indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles.
[(b)] (2) While the Dont Walk indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed the crossing during the Walk indication shall proceed to a sidewalk, or to a safety zone if one is provided.
[(c)] (3) Whenever the word Wait still appears in a signal, the indication has the same meaning as assigned in this section to the Dont Walk indication.
[(d)] (4) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and Walk and Dont Walk indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the Walk indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484B.307.
2. If, while violating paragraph (a) or (c) of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
Secs. 15-18. (Deleted by amendment.)
Sec. 19. NRS 484B.350 is hereby amended to read as follows:
484B.350 1. The driver of a vehicle:
(a) Shall stop in obedience to the direction or traffic-control signal of a school crossing guard; and
(b) Shall not proceed until the highway is clear of all persons, including, without limitation, the school crossing guard.
2. A person who violates [any of the provisions of this section] subsection 1 is guilty of a misdemeanor.
3. If, while violating subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
4. As used in this section, school crossing guard means a volunteer or paid employee of a local authority, local law enforcement agency or school district whose duties include assisting pupils to cross a highway.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 484B.363 is hereby amended to read as follows:
484B.363 1. A person shall not drive a motor vehicle at a speed in excess of 15 miles per hour in an area designated as a school zone except:
κ2011 Statutes of Nevada, Page 1636 (CHAPTER 294, AB 328)κ
(a) On a day on which school is not in session;
(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;
(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or
(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.
2. A person shall not drive a motor vehicle at a speed in excess of 25 miles per hour in an area designated as a school crossing zone except:
(a) On a day on which school is not in session;
(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;
(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or
(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.
3. The governing body of a local government or the Department of Transportation shall designate school zones and school crossing zones. An area must not be designated as a school zone if imposing a speed limit of 15 miles per hour would be unsafe because of higher speed limits in adjoining areas.
4. Each such governing body and the Department shall provide signs to mark the beginning and end of each school zone and school crossing zone which it respectively designates. Each sign marking the beginning of such a zone must include a designation of the hours when the speed limit is in effect or that the speed limit is in effect when children are present.
5. With respect to each school zone and school crossing zone in a school district, the superintendent of the school district or his or her designee, in conjunction with the Department of Transportation and the governing body of the local government that designated the school zone or school crossing zone and after consulting with the principal of the school and the agency that is responsible for enforcing the speed limit in the zone, shall determine the times when the speed limit is in effect.
6. If, while violating subsection 1 or 2, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
7. As used in this section, speed limit beacon means a device which is used in conjunction with a sign and equipped with two or more yellow lights that flash alternately to indicate when the speed limit in a school zone or school crossing zone is in effect.
Secs. 22-24. (Deleted by amendment.)
Sec. 25. NRS 484B.600 is hereby amended to read as follows:
484B.600 1. It is unlawful for any person to drive or operate a vehicle of any kind or character at:
κ2011 Statutes of Nevada, Page 1637 (CHAPTER 294, AB 328)κ
(a) A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.
(b) Such a rate of speed as to endanger the life, limb or property of any person.
(c) A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
(d) In any event, a rate of speed greater than 75 miles per hour.
2. If, while violating any provision of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
3. A person who violates any provision of [this section] subsection 1 may be subject to the additional penalty set forth in NRS 484B.130.
Secs. 26-30. (Deleted by amendment.)
Sec. 31. NRS 484B.653 is hereby amended to read as follows:
484B.653 1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of persons or property.
(b) Drive a vehicle in an unauthorized speed contest on a public highway.
(c) Organize an unauthorized speed contest on a public highway.
Κ A violation of paragraph (a) or (b) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.
2. If, while violating the provisions of subsections 1 to 4, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsection 1 or 2 of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the violation constitutes reckless driving.
3. A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:
(a) For the first offense, shall be punished:
(1) By a fine of not less than $250 but not more than $1,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(b) For the second offense, shall be punished:
(1) By a fine of not less than $1,000 but not more than $1,500; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense, shall be punished:
(1) By a fine of not less than $1,500 but not more than $2,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
[3.] 4. A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $250 but not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
κ2011 Statutes of Nevada, Page 1638 (CHAPTER 294, AB 328)κ
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
[4.] 5. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection [3,] 4, the court:
(a) Shall issue an order suspending the drivers license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all drivers licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;
(c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and
(d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense.
[5.] 6. Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.
[6.] 7. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.130 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550.
[7.] 8. As used in this section, organize means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.
Secs. 32-35. (Deleted by amendment.)
________
κ2011 Statutes of Nevada, Page 1639κ
Assembly Bill No. 322Assemblymen Smith, Oceguera, Bobzien; Conklin and Goicoechea
CHAPTER 295
[Approved: June 10, 2011]
AN ACT relating to wildlife; revising the membership of the Board of Wildlife Commissioners to include one member who is actively engaged in conservation and possesses experience and expertise in advocating issues relating to conservation; revising the circumstances under which the Director of the Department of Wildlife is appointed; revising the provisions governing a program for the issuance of certain additional big game tags each year; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Board of Wildlife Commissioners, consisting of nine members appointed by the Governor, and confers broad authority upon the Commission to manage wildlife and its habitat in this State. (NRS 501.105, 501.167, 501.181) Of those nine members, existing law requires one member to be a person who is actively engaged in the conservation of wildlife. (NRS 501.171) Section 1 of this bill revises the qualifications of that member to require him or her to be actively engaged in conservation and to possess experience and expertise in advocating issues relating to conservation.
Existing law requires the Governor to appoint the Director of the Department of Wildlife from among three or more persons nominated by the Commission. (NRS 501.333) Section 2 of this bill revises that requirement to allow the Governor additional discretion in appointing the Director.
Existing law authorizes the Commission to establish a program for the issuance of additional big game tags each year, known as Dream Tags, to hunt any species of pronghorn antelope, bear, deer, mountain goat, mountain lion, bighorn sheep or elk. The program must award the big game tags through a raffle conducted by a certain nonprofit organization. The money received by the nonprofit organization from the proceeds of the raffle, less any administrative costs, must be used to preserve, protect, manage or restore game and its habitat. (NRS 502.219) In lieu of authorizing the Commission to establish such a program, section 3 of this bill establishes that program by statute.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.171 is hereby amended to read as follows:
501.171 1. A county advisory board to manage wildlife shall submit written nominations for appointments to the Commission upon the request of the Governor and may submit nominations at any other time.
2. After consideration of the written nominations submitted by a county advisory board to manage wildlife and any additional candidates for appointment to the Commission, the Governor shall appoint to the Commission:
(a) One member who is actively engaged in [the] and possesses experience and expertise in advocating issues relating to conservation ; [of wildlife;]
κ2011 Statutes of Nevada, Page 1640 (CHAPTER 295, AB 322)κ
(b) One member who is actively engaged in farming;
(c) One member who is actively engaged in ranching;
(d) One member who represents the interests of the general public; and
(e) Five members who during at least 3 of the 4 years immediately preceding their appointment held a resident license to fish or hunt, or both, in Nevada.
3. The Governor shall not appoint to the Commission any person who has been convicted of:
(a) A felony or gross misdemeanor for a violation of NRS 501.376;
(b) A gross misdemeanor for a violation of NRS 502.060;
(c) A felony or gross misdemeanor for a violation of NRS 504.395; or
(d) Two or more violations of the provisions of chapters 501 to 504, inclusive, of NRS,
Κ during the previous 10 years.
4. Not more than three members may be from the same county whose population is 400,000 or more, not more than two members may be from the same county whose population is 100,000 or more but less than 400,000, and not more than one member may be from the same county whose population is less than 100,000.
5. The Commission shall annually select a Chair and a Vice Chair from among its members. A person shall not serve more than two consecutive terms as Chair.
Sec. 2. NRS 501.333 is hereby amended to read as follows:
501.333 1. [From among three or more nominees of the Commission, the] The Governor shall appoint a Director of the Department, who is its Chief Administrative Officer. The Director serves at the pleasure of the Governor.
2. The Governor shall select as Director a person having an academic degree in the management of wildlife or a closely related field, substantial experience in the management of wildlife and a demonstrated ability to administer a major public agency. When appointing the Director, the Governor may consider any person nominated by the Commission.
3. The Director is in the unclassified service of the State.
Sec. 3. NRS 502.219 is hereby amended to read as follows:
502.219 1. [The Commission may establish a] A program is hereby established for the issuance of additional big game tags each year to be known as Dream Tags. [If the Commission establishes such a program, the] The program must provide:
(a) For the issuance of Dream Tags to either a resident or nonresident of this State;
(b) For the issuance of one Dream Tag for each species of big game for which 50 or more tags were available under the quota established for the species by the Commission during the previous year; and
(c) For the sale of Dream Tags to a nonprofit organization pursuant to this section.
2. The [Commission may adopt regulations establishing such other provisions concerning Dream Tags as the Commission determines reasonable or necessary in carrying out the program.] Department shall administer the program and shall take such actions as the Department determines are necessary to carry out the provisions of this section and NRS 502.222 and 502.225.
κ2011 Statutes of Nevada, Page 1641 (CHAPTER 295, AB 322)κ
3. A nonprofit organization established through the Community Foundation of Western Nevada which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and which has as its principal purpose the preservation, protection, management or restoration of wildlife and its habitat may purchase such Dream Tags from the Department , [as are authorized by the Commission,] at prices established by the [Commission,] Department, subject to the following conditions:
(a) The nonprofit organization must agree to award the Dream Tags by raffle, with unlimited chances to be sold for $5 each to persons who purchase a resource enhancement stamp pursuant to NRS 502.222.
(b) The nonprofit organization must agree to enter into a contract with a private entity that is approved by the Department which requires that the private entity agree to act as the agent of the nonprofit organization to sell chances to win Dream Tags, conduct any required drawing for Dream Tags and issue Dream Tags. For the purposes of this paragraph, a private entity that has entered into a contract with the Department pursuant to NRS 502.175 to conduct a drawing and to award and issue tags or permits as established by the Commission shall be deemed to be approved by the Department.
(c) All money received by the nonprofit organization from the proceeds of the Dream Tag raffle, less the cost of the Dream Tags purchased by the nonprofit organization and any administrative costs charged by the Community Foundation of Western Nevada, must be used for the preservation, protection, management or restoration of game and its habitat, as determined by the Advisory Board on Dream Tags created by NRS 502.225.
4. All money received by the Department for Dream Tags pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
5. The nonprofit organization shall, on or before February 1 of each year, report to the [Commission] Department and the Interim Finance Committee concerning the Dream Tag program, including, without limitation:
(a) The number of Dream Tags issued during the immediately preceding calendar year;
(b) The total amount of money paid to the Department for Dream Tags during the immediately preceding calendar year;
(c) The total amount of money received by the nonprofit organization from the proceeds of the Dream Tag raffle, the amount of such money expended by the nonprofit organization and a description of each project for which the money was spent; and
(d) Any recommendations concerning the [continuation of the] program or necessary legislation.
6. As used in this section, big game tag means a tag permitting a person to hunt any species of pronghorn antelope, bear, deer, mountain goat, mountain lion, bighorn sheep or elk.
Sec. 4. 1. As soon as practicable after the effective date of this section, the Governor shall appoint one member of the Board of Wildlife Commissioners who is qualified pursuant to paragraph (a) of subsection 2 of NRS 501.171, as amended by section 1 of this act.
κ2011 Statutes of Nevada, Page 1642 (CHAPTER 295, AB 322)κ
2. The term of the member of the Board of Wildlife Commissioners who was appointed pursuant to paragraph (a) of subsection 2 of NRS 501.171 before the effective date of this section expires:
(a) Upon the expiration of the term for which he or she was appointed; or
(b) Upon the appointment by the Governor of the member specified in subsection 1,
Κ whichever occurs first.
Sec. 5. 1. This section and sections 1, 2 and 4 of this act become effective upon passage and approval.
2. Section 3 of this act becomes effective on July 1, 2011.
________
Assembly Bill No. 294Assemblymen Horne, Atkinson, Ohrenschall, Segerblom; Aizley, Carrillo, Daly, Dondero Loop, Flores, Frierson, Hogan, Munford and Pierce
CHAPTER 296
[Approved: June 10, 2011]
AN ACT relating to gaming; revising certain definitions relating to gaming for the purposes of the Nevada Gaming Control Act; removing the authority of the Nevada Gaming Commission to regulate certain independent contractors; making it unlawful to distribute gaming devices, systems or related equipment under certain circumstances; revising provisions relating to the location of a computer system associated with mobile gaming; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that mobile gaming may only be conducted in public areas of an establishment which holds a nonrestricted gaming license. (NRS 463.0176) Section 3.6 of this bill authorizes mobile gaming to be conducted in any area of such an establishment.
Section 3.8 of this bill removes the authority of the Nevada Gaming Commission to regulate independent contractors which manufacture certain property related to gaming. Section 3.8 also makes it unlawful to knowingly distribute any gaming device, system or related equipment from Nevada to any other jurisdiction where the use of any such device, system or related equipment is illegal.
Section 4 of this bill clarifies that a computer system associated with mobile gaming may be located outside a licensed gaming establishment but must be located within this State.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 3.2. NRS 463.0155 is hereby amended to read as follows:
463.0155 Gaming device means any object used remotely or directly in connection with gaming or any game which affects the result of a wager by determining win or loss and which does not otherwise constitute associated equipment.
κ2011 Statutes of Nevada, Page 1643 (CHAPTER 296, AB 294)κ
by determining win or loss and which does not otherwise constitute associated equipment. The term includes, without limitation:
1. A slot machine.
2. A collection of two or more of the following components:
(a) An assembled electronic circuit which cannot be reasonably demonstrated to have any use other than in a slot machine;
(b) A cabinet with electrical wiring and provisions for mounting a coin, token or currency acceptor and provisions for mounting a dispenser of coins, tokens or anything of value;
(c) [A storage medium containing a control program;
(d)] An assembled mechanical or electromechanical display unit intended for use in gambling; or
[(e)] (d) An assembled mechanical or electromechanical unit which cannot be demonstrated to have any use other than in a slot machine.
3. Any object which may be connected to or used with a slot machine to alter the normal criteria of random selection or affect the outcome of a game.
4. A system for the accounting or management of any game in which the result of the wager is determined electronically by using any combination of hardware or software for computers.
5. A control program.
6. Any combination of one of the components set forth in paragraphs (a) to [(e),] (d), inclusive, of subsection 2 and any other component which the Commission determines by regulation to be a machine used directly or remotely in connection with gaming or any game which affects the results of a wager by determining a win or loss.
7. Any object that has been determined to be a gaming device pursuant to regulations adopted by the Commission.
Κ As used in this section, control program means any software, source language or executable code which affects the result of a wager by determining win or loss as determined pursuant to regulations adopted by the Commission.
Sec. 3.4. NRS 463.01715 is hereby amended to read as follows:
463.01715 1. Manufacture means:
(a) To manufacture, produce, program, design, control the design of [, maintain a copyright over] or make modifications to a gaming device, cashless wagering system, mobile gaming system or interactive gaming system [;] for use or play in Nevada;
(b) To direct, control or assume responsibility for the methods and processes used to design, develop, program, assemble, produce, fabricate, compose and combine the components and other tangible objects of any gaming device, cashless wagering system, mobile gaming system or interactive gaming system [;] for use or play in Nevada; or
(c) To assemble, or control the assembly of, a gaming device, cashless wagering system, mobile gaming system or interactive gaming system [.] for use or play in Nevada.
2. As used in this section [, assume] :
(a) Assume responsibility means to [acquire] :
(1) Acquire complete control over, or ownership of, the applicable gaming device, cashless wagering system, mobile gaming system or interactive gaming system [.] ; and
κ2011 Statutes of Nevada, Page 1644 (CHAPTER 296, AB 294)κ
(2) Accept continuing legal responsibility for the gaming device, cashless wagering system, mobile gaming system or interactive gaming system, including, without limitation, any form of manufacture performed by an affiliate or independent contractor.
(b) Independent contractor means, with respect to a manufacturer, any person who:
(1) Is not an employee of the manufacturer; and
(2) Pursuant to an agreement with the manufacturer, designs, develops, programs, produces or composes a control program used in the manufacture of a gaming device. As used in this subparagraph, control program has the meaning ascribed to it in NRS 463.0155.
Sec. 3.6. NRS 463.0176 is hereby amended to read as follows:
463.0176 Mobile gaming means the conduct of gambling games through communications devices operated solely in [public areas of] an establishment which holds a nonrestricted gaming license and which operates at least 100 slot machines and at least one other game by the use of communications technology that allows a person to transmit information to a computer to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information. For the purposes of this section [:
1. Communications] , communications technology means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wireless network, wireless fidelity, wire, cable, radio, microwave, light, optics or computer data networks. The term does not include the Internet.
[2. Public areas does not include rooms available for sleeping or living accommodations.]
Sec. 3.8. NRS 463.650 is hereby amended to read as follows:
463.650 1. Except as otherwise provided in subsections 2 to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada [or for distribution outside of Nevada] without first procuring and maintaining all required federal, state, county and municipal licenses.
2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.
3. The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the Board, dispose of by sale in a manner approved by the Board, any or all of its gaming devices, including slot machines, mobile gaming systems and cashless wagering systems, without a distributors license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the Board may authorize the disposition of the gaming devices without requiring a distributors license.
4. The Commission may, by regulation, authorize a person who owns:
(a) Gaming devices for home use in accordance with NRS 463.160; or
(b) Antique gaming devices,
κ2011 Statutes of Nevada, Page 1645 (CHAPTER 296, AB 294)κ
Κ to sell such devices without procuring a license therefor to residents of jurisdictions wherein ownership of such devices is legal.
5. Upon approval by the Board, a gaming device owned by:
(a) A law enforcement agency;
(b) A court of law; or
(c) A gaming device repair school licensed by the Commission on Postsecondary Education,
Κ may be disposed of by sale, in a manner approved by the Board, without a distributors license. An application for approval must be submitted to the Board in the manner prescribed by the Chair.
6. Any person who the Commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturers or distributors license. The burden of proving his or her qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.
7. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the Commission.
8. The Commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the Commission determines that the exemption is consistent with the purposes of this chapter.
9. [The Commission may provide by regulation for:
(a) The filing by a manufacturer of reports and information regarding:
(1) Any independent contractor; and
(2) The business arrangements between the manufacturer and an independent contractor.
(b) Registration of independent contractors.
(c) Procedures pursuant to which an independent contractor may be required to file an application for a finding of suitability.
(d) Such other regulatory oversight of independent contractors as the Commission determines is necessary and appropriate.] Any person conducting business in Nevada who is not required to be licensed as a manufacturer, seller or distributor pursuant to subsection 1, but who otherwise must register with the Attorney General of the United States pursuant to Title 15 of U.S.C., must submit to the Board a copy of such registration within 10 days after submission to the Attorney General of the United States.
10. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to knowingly distribute any gaming device, cashless wagering system, mobile gaming system, interactive gaming system or associated equipment from Nevada to any jurisdiction where the possession, ownership or use of any such device, system or equipment is illegal.
11. As used in this section:
(a) Antique gaming device means a gaming device that was manufactured before 1961.
(b) Holding company has the meaning ascribed to it in NRS 463.485.
[(c) Independent contractor means, with respect to a manufacturer, any person who:
(1) Is not an employee of the manufacturer; and
κ2011 Statutes of Nevada, Page 1646 (CHAPTER 296, AB 294)κ
(2) Pursuant to an agreement with the manufacturer, designs, develops, programs, produces or composes a control program used in the manufacture of a gaming device. As used in this subparagraph, control program has the meaning ascribed to it in NRS 463.0155.]
Sec. 4. NRS 463.730 is hereby amended to read as follows:
463.730 1. Except as otherwise provided in subsection 2, the Commission may, with the advice and assistance of the Board, adopt regulations governing the operation of mobile gaming and the licensing of:
(a) An operator of a mobile gaming system;
(b) A manufacturer, seller or distributor of a mobile gaming system; and
(c) A manufacturer of equipment associated with mobile gaming.
2. The Commission may not adopt regulations pursuant to this section until the Commission first determines that:
(a) Mobile gaming systems are secure and reliable, and provide reasonable assurance that players will be of lawful age and communicating only from areas of licensed gaming establishments that have been approved by the Commission for that purpose; and
(b) Mobile gaming can be operated in a manner which complies with all applicable laws.
3. The regulations adopted by the Commission pursuant to this section must:
(a) Provide that gross revenue received by a licensed gaming establishment or the operator or the manufacturer of a mobile gaming system from the operation of mobile gaming is subject to the same license fee provisions of NRS 463.370 as the other games and gaming devices operated at the licensed gaming establishment.
(b) Provide that a mobile communications device which displays information relating to the game to a participant in the game as part of a mobile gaming system is subject to the same fees and taxes applicable to slot machines as set forth in NRS 463.375 and 463.385.
(c) Set forth standards for the [location and] security of the computer system and its location, which may be outside a licensed gaming establishment but must be within this State, and for approval of hardware and software used in connection with mobile gaming.
(d) Define mobile gaming system, operator of a mobile gaming system [,] and equipment associated with mobile gaming [and public area] as the terms are used in this chapter.
________
κ2011 Statutes of Nevada, Page 1647κ
Assembly Bill No. 117Committee on Education
CHAPTER 297
[Approved: June 10, 2011]
AN ACT relating to education; authorizing the board of trustees of a school district and the governing body of a charter school to request, for the 2011-2013 biennium, a waiver from the required minimum number of school days in a school year during an economic hardship; setting forth certain provisions governing a furlough program of employees of school districts and charter schools as the program relates to the Public Employees Retirement System; expiring the provisions of this act; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, each school district is required to schedule and provide annually a minimum of 180 days of school in the schools of the school district and a charter school is required to schedule and provide at least as many days of instruction as are required of other public schools in the school district in which the charter school is located. (NRS 386.550, 388.090) For the 2011-2013 biennium, section 6.5 of this bill authorizes the board of trustees of a school district and the governing body of a charter school to request a waiver of not more than 5 noninstructional days from the required minimum number of school days for a school year in that biennium during an economic hardship to avoid the layoff of teachers and other educational personnel employed by the school district or charter school. A request for a waiver must be reviewed by the Superintendent of Public Instruction and, if approved, transmitted to the Interim Finance Committee, which makes the final determination of whether to grant a waiver. For purposes of requesting a waiver from the required minimum school days, the circumstances in which an economic hardship exists for a school district or charter school are identical to the circumstances in which an economic hardship exists under existing law for a school district or charter school to request a waiver from the required minimum expenditures for textbooks, instructional supplies, instructional software and instructional hardware. (NRS 387.2065)
The 2009 Session of the Legislature enacted provisions requiring furlough leave of certain state employees and set forth provisions relating to the furlough program and the manner in which the program is carried out as it relates to the Public Employees Retirement System. (Chapter 391, Statutes of Nevada 2009, p. 2160) Section 7 of this bill sets forth the intent of the Legislature in the establishment of a program certified by the board of trustees of a school district or the governing body of a charter school whereby employees of school districts and charter schools who are members of the Public Employees Retirement System and who take furlough leave due to extreme fiscal need be held harmless in the accumulation of retirement service credit and reported salary. Section 7 further sets forth provisions concerning the furlough leave as it relates to the Public Employees Retirement System in a manner similar to the furlough program of state employees.
Section 8 of this bill expires the provisions of this bill on June 30, 2013.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-6. (Deleted by amendment.)
Sec. 6.5. 1. Notwithstanding the provisions of NRS 386.550, 388.090, 388.537 and 388.842, for the 2011-2013 biennium the board of trustees of a school district or the governing body of a charter school that experiences an economic hardship may submit a written request to the Superintendent of Public Instruction on a form prescribed by the Department of Education for a waiver of not more than 5 noninstructional days of the required minimum number of school days in a school year to avoid, during the economic hardship, the layoff of teachers and other educational personnel employed by the school district or charter school.
κ2011 Statutes of Nevada, Page 1648 (CHAPTER 297, AB 117)κ
trustees of a school district or the governing body of a charter school that experiences an economic hardship may submit a written request to the Superintendent of Public Instruction on a form prescribed by the Department of Education for a waiver of not more than 5 noninstructional days of the required minimum number of school days in a school year to avoid, during the economic hardship, the layoff of teachers and other educational personnel employed by the school district or charter school.
2. Upon receipt of a written request pursuant to subsection 1, the Superintendent of Public Instruction shall consider the request and determine whether an economic hardship exists for the school district or charter school and whether a waiver of the required number of school days is necessary to avoid, during the economic hardship, the layoff of teachers and other educational personnel employed by the school district or charter school. The Superintendent of Public Instruction may request additional information from the applicant in making the determination. If the Superintendent of Public Instruction determines that an economic hardship exists for the applicant and that a waiver of the required minimum number of school days is necessary to avoid, during the economic hardship, the layoff of teachers and other educational personnel employed by the applicant, the Superintendent shall forward the written request to the Interim Finance Committee, including the basis for the Superintendents determination and any recommendations for the number of school days that may be waived, which must not exceed 5 noninstructional days.
3. Upon receipt of a written request from the Superintendent of Public Instruction pursuant to subsection 2, the Interim Finance Committee shall consider the request and determine whether an economic hardship exists for the school district or charter school and whether a waiver of the required minimum number of school days is necessary to avoid, during the economic hardship, the layoff of teachers and other educational personnel employed by the school district or charter school. The Interim Finance Committee may request additional information from the applicant in making the determination. If the Interim Finance Committee grants a waiver, the Committee shall by resolution set forth:
(a) The grounds for its determination; and
(b) The number of school days that may be waived for the school year by the school district or charter school, which must not exceed 5 noninstructional days.
4. For the purposes of this section, an economic hardship exists for a school district or charter school if:
(a) Projections of revenue do not meet or exceed the revenue anticipated at the time the basic support guarantees are established for the fiscal year pursuant to NRS 387.122; or
(b) The school district or charter school incurs unforeseen expenses, including, without limitation, expenses related to a natural disaster.
5. A waiver granted pursuant to this section does not affect any right or remedy available pursuant to the provisions of chapter 288 of NRS, any obligation of the board of trustees of a school district or the governing body of a charter school pursuant to chapter 288 of NRS or any contract negotiated by the board of trustees of a school district or the governing body of a charter school pursuant to chapter 288 of NRS.
Sec. 7. 1. It is the intent of the Legislature that if the board of trustees of a school district or the governing body of a charter school certifies a furlough program whereby employees of the school district or charter school who are members of the Public Employees Retirement System and who take furlough leave pursuant to the program due to extreme fiscal need be held harmless in the accumulation of retirement service credit and reported salary pursuant to chapter 286 of NRS.
κ2011 Statutes of Nevada, Page 1649 (CHAPTER 297, AB 117)κ
furlough program whereby employees of the school district or charter school who are members of the Public Employees Retirement System and who take furlough leave pursuant to the program due to extreme fiscal need be held harmless in the accumulation of retirement service credit and reported salary pursuant to chapter 286 of NRS.
2. If the board of trustees of a school district or the governing body of a charter school certifies a furlough program, the program must require that any furlough time taken by the employees of the school district or charter school:
(a) Be noninstructional days or minutes, as applicable; and
(b) Not exceed the number of professional development days or minutes and other noninstructional days or minutes which provide time for teachers before and after the school year and which the school district or charter school used for the 2010-2011 school year.
3. Except as otherwise required as a result of NRS 286.537 and notwithstanding the provisions of NRS 286.481, if an employee of a school district or charter school who participates in the Public Employees Retirement System is required to take furlough leave pursuant to a furlough program certified by the board of trustees of the school district or the governing body of the charter school, the employee is entitled to receive full service credit for the time taken as furlough leave in the same manner as service credit is computed pursuant to NRS 286.501 if:
(a) The employee does not take more than the equivalent of 96 hours of furlough leave in a school year; and
(b) The board of trustees of the school district or the governing body of the charter school certifies to the Public Employees Retirement System that the school district or charter school is participating in a furlough program and that the furlough leave which is reported for the employee is taken in accordance with the requirements of that program.
4. In any month in which furlough leave is taken, an employee is entitled to receive full-time service credit in the same manner as service credit is computed pursuant to NRS 286.501 for the furlough leave in accordance with the normal workday for the employee. An employee who is less than full-time is entitled to service credit in the same manner as service credit is computed pursuant to NRS 286.501 and in the same manner and to the same extent as though the employee had worked the time taken as furlough leave.
5. When a member is on furlough leave pursuant to this section as certified by the board of trustees of the school district or the governing body of the charter school, the board of trustees or the governing body must:
(a) Include all information required by the Public Employees Retirement System on the board of trustees or governing bodys regular monthly retirement report as provided in NRS 286.460; and
(b) Pay all required employer and employee contributions to the Public Employees Retirement System based on the compensation that would have been paid to the member but for the members participation in the program. The board of trustees of the school district and the governing body of the charter school may recover from the employee the amount of the employee contributions set forth in NRS 286.410.
κ2011 Statutes of Nevada, Page 1650 (CHAPTER 297, AB 117)κ
6. Except as otherwise required by this section, the terms and conditions of any furlough program certified by the board of trustees of the school district or the governing body of a charter school must be negotiated pursuant to chapter 288 of NRS.
7. Service credit under a furlough program certified by the board of trustees of a school district or the governing body of a charter school must be computed according to the school year.
8. As used in this section, member has the meaning ascribed to it in NRS 286.050.
Sec. 7.5. The provisions of this act apply to the 2011-2012 school year and the 2012-2013 school year.
Sec. 8. This act becomes effective upon passage and approval and expires by limitation on June 30, 2013.
________
Assembly Bill No. 202Assemblymen Atkinson, Conklin, Kirner, Hardy, Hickey; and Kirkpatrick
CHAPTER 298
[Approved: June 10, 2011]
AN ACT relating to energy; providing for the partial abatement of certain property taxes for certain new manufacturing businesses in this State; providing that eligibility for the partial abatement of certain property taxes is limited to certain new manufacturing businesses that renovate an existing building or other structure; revising provisions governing eligibility for a partial abatement of taxes for a building or other structure that is determined to meet the equivalent of the silver level or higher pursuant to the Green Building Rating System; requiring the Director of the Office of Energy to adopt certain regulations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 18 of this bill requires the Director of the Office of Energy to establish regulations for granting a partial abatement of certain property taxes for new manufacturing businesses in this State which renovate an existing building or other structure which meets certain energy efficiency standards. Section 18 sets forth the criteria for eligibility for the partial abatement of such taxes, including, without limitation, that the applicant: (1) be a new manufacturing business in this State; (2) employ at least 25 full-time employees at the new manufacturing business for the entire period during which the applicant will receive the partial abatement; and (3) pay an average hourly wage that is at least 100 percent of the average statewide hourly wage or average countywide hourly wage, whichever is less, excluding management and administrative employees. Section 18 prescribes the maximum amount of the partial abatement, provides that the partial abatement is not available for any taxes imposed for public education and limits the partial abatement to not more than 1 year in duration. This new program is patterned after existing provisions which provide for a similar partial abatement of certain taxes for buildings which meet certain standards under the Green Building Rating System. (NRS 701A.100, 701A.110) Section 20 of this bill provides that an applicant for a partial abatement of taxes under the existing program is not eligible for a partial abatement of taxes for the renovation of an existing building or other structure.
κ2011 Statutes of Nevada, Page 1651 (CHAPTER 298, AB 202)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-17. (Deleted by amendment.)
Sec. 18. Chapter 701A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, the Director of the Office of Energy shall grant a partial abatement from the portion of taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, on an existing building or other structure which is renovated for use by a manufacturer if:
(a) The building or other structure is determined after the renovation to meet the equivalent of the silver level or higher by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100.
(b) The applicant:
(1) Is a manufacturer who intends to locate a new manufacturing business in this State;
(2) Employs at least 25 full-time employees at the new manufacturing business in this State during the entire period in which the applicant will receive the tax abatement; and
(3) The average hourly wage that will be paid by the manufacturer to its employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.
(c) No funding is provided by any governmental entity in this State for the acquisition, design, construction or renovation of the building or other structure or for the acquisition of any land therefore. For the purpose of this paragraph:
(1) Private activity bonds must not be considered funding provided by a governmental entity.
(2) The term private activity bond has the meaning ascribed to it in 26 U.S.C. § 141.
(d) The manufacturer:
(1) Submits an application for the abatement to the Director. If such an application is submitted for a project that has not been completed on the date of that submission and there is a significant change in the scope of the project after that date, the application must be amended to include the change or changes.
(2) Except as otherwise provided in this subparagraph, provides to the Director, within 48 months after applying for the abatement, proof that the building or other structure meets the equivalent of the silver level or higher, as determined by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100. The Director may, for good cause shown, extend the period for providing such proof.
κ2011 Statutes of Nevada, Page 1652 (CHAPTER 298, AB 202)κ
(3) Files a copy of each application and amended application submitted to the Director pursuant to subparagraph (1) with the:
(I) Chief of the Budget Division of the Department of Administration;
(II) Department of Taxation;
(III) County assessor;
(IV) County treasurer;
(V) Commission on Economic Development;
(VI) Board of county commissioners; and
(VII) City manager and city council, if any.
2. As soon as practicable after the Director receives an application and proof required by subsection 1, the Director shall determine whether the building or other structure is eligible for the abatement and, if so, forward a certificate of eligibility for the abatement to the:
(a) Department of Taxation;
(b) County assessor;
(c) County treasurer; and
(d) Commission on Economic Development.
3. As soon as practicable after receiving a copy of:
(a) An application pursuant to subparagraph (3) of paragraph (d) of subsection 1:
(1) The Chief of the Budget Division shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on the State; and
(2) The Department of Taxation shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on each affected local government, and forward a copy of the fiscal note to each affected local government.
(b) A certificate of eligibility pursuant to subsection 2, the Department of Taxation shall forward a copy of the certificate to each affected local government.
4. The partial abatement:
(a) Must be for a duration not to exceed 1 year, and in an annual amount that equals, for a building or other structure that meets the equivalent of:
(1) The silver level, 25 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land;
(2) The gold level, 30 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land; or
(3) The platinum level, 35 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land.
(b) Does not apply during any period in which the owner of the building or other structure is receiving another abatement or exemption pursuant to this chapter or NRS 361.045 to 361.159, inclusive, from the taxes imposed pursuant to chapter 361 of NRS.
κ2011 Statutes of Nevada, Page 1653 (CHAPTER 298, AB 202)κ
(c) Terminates upon any determination by the Director that the building or other structure has ceased to meet the equivalent of the silver level or higher. The Director shall provide notice and a reasonable opportunity to cure any noncompliance issues before making a determination that the building or other structure has ceased to meet that standard. The Director shall immediately provide notice of each determination of termination to the:
(1) Department of Taxation, who shall immediately notify each affected local government of the determination;
(2) County assessor;
(3) County treasurer; and
(4) Commission on Economic Development.
5. The Director shall adopt regulations:
(a) Establishing the qualifications and methods to determine eligibility for the abatement;
(b) Prescribing such forms as will ensure that all information and other documentation necessary to make an appropriate determination is filed with the Director; and
(c) Prescribing the criteria for determining when there is a significant change in the scope of a project for the purposes of subparagraph (1) of paragraph (d) of subsection 1,
Κ and the Department of Taxation shall adopt such additional regulations as it determines to be appropriate to carry out the provisions of this section.
6. As used in this section:
(a) Building or other structure does not include any building or other structure for which the principal use is as a residential dwelling, even if the building or other structure is used for more than four families.
(b) Director means the Director of the Office of Energy appointed pursuant to NRS 701.150.
(c) Manufacturer means a person engaged primarily in manufacturing or processing which changes raw or unfinished materials into another form or creates another product.
(d) Taxes imposed for public education means:
(1) Any ad valorem tax authorized or required by chapter 387 of NRS;
(2) Any ad valorem tax authorized or required by chapter 350 of NRS for the obligations of a school district, including, without limitation, any ad valorem tax necessary to carry out the provisions of subsection 5 of NRS 350.020; and
(3) Any other ad valorem tax for which the proceeds thereof are dedicated to the public education of pupils in kindergarten through grade 12.
Sec. 19. NRS 701A.100 is hereby amended to read as follows:
701A.100 1. The Director of the Office of Energy shall adopt a Green Building Rating System for the purposes of determining the eligibility of a building or other structure for a tax abatement pursuant to NRS 701A.110 [.] and section 18 of this act.
2. The Green Building Rating System must include standards and ratings equivalent to the standards and ratings provided pursuant to the Leadership in Energy and Environmental Design Green Building Rating System, except that the standards adopted by the Director:
κ2011 Statutes of Nevada, Page 1654 (CHAPTER 298, AB 202)κ
(a) Except as otherwise provided in paragraphs (b) and (c), must not include:
(1) Any standard that has not been included in the Leadership in Energy and Environmental Design Green Building Rating System for at least 2 years; or
(2) Standards for homes;
(b) Must provide reasonable exceptions based on the size of the area occupied by the building or other structure; and
(c) Must require a building or other structure to obtain:
(1) At least 3 points of credit for energy conservation to meet the equivalent of the silver level;
(2) At least 5 points of credit for energy conservation to meet the equivalent of the gold level; and
(3) At least 8 points of credit for energy conservation to meet the equivalent of the platinum level.
3. As used in this section, home means a building or other structure for which the principal use is as a residential dwelling for not more than four families.
Sec. 20. NRS 701A.110 is hereby amended to read as follows:
701A.110 1. Except as otherwise provided in this section, the Director shall grant a partial abatement from the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, on a building or other structure that is determined to meet the equivalent of the silver level or higher by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100, if:
(a) No funding is provided by any governmental entity in this State for the acquisition, design or construction of the building or other structure or for the acquisition of any land therefor. For the purposes of this paragraph:
(1) Private activity bonds must not be considered funding provided by a governmental entity.
(2) The term private activity bond has the meaning ascribed to it in 26 U.S.C. § 141.
(b) The owner of the property:
(1) Submits an application for the partial abatement to the Director. If such an application is submitted for a project that has not been completed on the date of that submission and there is a significant change in the scope of the project after that date, the application must be amended to include the change or changes.
(2) Except as otherwise provided in this subparagraph, provides to the Director, within 48 months after applying for the partial abatement, proof that the building or other structure meets the equivalent of the silver level or higher, as determined by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100. The Director may, for good cause shown, extend the period for providing such proof.
(3) Files a copy of each application and amended application submitted to the Director pursuant to subparagraph (1) with the:
(I) Chief of the Budget Division of the Department of Administration;
(II) Department of Taxation;
(III) County assessor;
κ2011 Statutes of Nevada, Page 1655 (CHAPTER 298, AB 202)κ
(IV) County treasurer;
(V) Commission on Economic Development;
(VI) Board of county commissioners; and
(VII) City manager and city council, if any.
2. As soon as practicable after the Director receives the application and proof required by subsection 1, the Director shall determine whether the building or other structure is eligible for the abatement and, if so, forward a certificate of eligibility for the abatement to the:
(a) Department of Taxation;
(b) County assessor;
(c) County treasurer; and
(d) Commission on Economic Development.
3. As soon as practicable after receiving a copy of:
(a) An application pursuant to subparagraph (3) of paragraph (b) of subsection 1:
(1) The Chief of the Budget Division shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on the State; and
(2) The Department of Taxation shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on each affected local government, and forward a copy of the fiscal note to each affected local government.
(b) A certificate of eligibility pursuant to subsection 2, the Department of Taxation shall forward a copy of the certificate to each affected local government.
4. The partial abatement:
(a) Must be for a duration of not more than 10 years and in an annual amount that equals, for a building or other structure that meets the equivalent of:
(1) The silver level, 25 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land;
(2) The gold level, 30 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land; or
(3) The platinum level, 35 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land.
(b) Does not apply during any period in which the owner of the building or other structure is receiving another abatement or exemption pursuant to this chapter or NRS 361.045 to 361.159, inclusive, from the taxes imposed pursuant to chapter 361 of NRS.
(c) Terminates upon any determination by the Director that the building or other structure has ceased to meet the equivalent of the silver level or higher. The Director shall provide notice and a reasonable opportunity to cure any noncompliance issues before making a determination that the building or other structure has ceased to meet that standard. The Director shall immediately provide notice of each determination of termination to the:
κ2011 Statutes of Nevada, Page 1656 (CHAPTER 298, AB 202)κ
(1) Department of Taxation, who shall immediately notify each affected local government of the determination;
(2) County assessor;
(3) County treasurer; and
(4) Commission on Economic Development.
(d) Must not be for an existing building or other structure that is renovated.
5. The Director shall adopt regulations:
(a) Establishing the qualifications and methods to determine eligibility for the abatement;
(b) Prescribing such forms as will ensure that all information and other documentation necessary to make an appropriate determination is filed with the Director; and
(c) Prescribing the criteria for determining when there is a significant change in the scope of a project for the purposes of subparagraph (1) of paragraph (b) of subsection 1,
Κ and the Department of Taxation shall adopt such additional regulations as it determines to be appropriate to carry out the provisions of this section.
6. As used in this section:
(a) Building or other structure does not include any building or other structure for which the principal use is as a residential dwelling for not more than four families.
(b) Director means the Director of the Office of Energy appointed pursuant to NRS 701.150.
(c) Taxes imposed for public education means:
(1) Any ad valorem tax authorized or required by chapter 387 of NRS;
(2) Any ad valorem tax authorized or required by chapter 350 of NRS for the obligations of a school district, including, without limitation, any ad valorem tax necessary to carry out the provisions of subsection 5 of NRS 350.020; and
(3) Any other ad valorem tax for which the proceeds thereof are dedicated to the public education of pupils in kindergarten through grade 12.
Sec. 21. An application for a partial abatement of taxes requested pursuant to NRS 701A.110 submitted on or after the effective date of this section must not be granted if the application is for a partial abatement of taxes for an existing building or other structure which is being renovated.
Sec. 22. The Director of the Office of Energy shall, on or before October 1, 2011, adopt regulations to carry out the amendatory provisions of sections 18 and 20 of this act.
Sec. 23. 1. This section and sections 20, 21 and 22 of this act become effective upon passage and approval.
2. Sections 1 to 19, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and carrying out any other preparatory administrative tasks necessary to implement the provisions of this act; and
(b) On October 1, 2011, for all other purposes.
________
κ2011 Statutes of Nevada, Page 1657κ
Assembly Bill No. 204Committee on Transportation
CHAPTER 299
[Approved: June 10, 2011]
AN ACT relating to motor vehicles; revising provisions relating to licensed automobile wreckers that obtain vehicles to be processed as parts or scrap metal; revising provisions relating to the determination that a motor vehicle is a total loss vehicle; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a licensed automobile wrecker to forward to the Department of Motor Vehicles the certificates of title and registration for certain vehicles acquired by the wrecker. (NRS 487.100) Section 5 of this bill eliminates that requirement if the wrecker, pursuant to section 4 of this bill, provides the Department with certain identifying information about a motor vehicle and affirms to the Department that the motor vehicle is to be processed as parts or scrap metal by the wrecker. Section 4 provides that if a licensed automobile wrecker procures and files with the Department an additional bond, the wrecker may avail himself or herself of a streamlined procedure for processing as parts or scrap metal vehicles that have reached the end of their useful life. Section 4 requires a licensed automobile wrecker to provide the Department with an affirmation and certain information about a motor vehicle that is to be processed as parts or scrap metal and sets forth that the wrecker may only process the motor vehicle as parts or scrap metal if 5 business days elapse and the wrecker has not been notified by the Department that the vehicle is not to be processed as parts or scrap metal. Section 4 also provides that any liability which arises from the processing of a motor vehicle as parts or scrap metal is to be borne by the licensed automobile wrecker, not the Department. In addition, section 4 requires the Department to issue a nonrepairable vehicle certificate for a motor vehicle which has been processed as parts or scrap metal. Section 7 of this bill revises the requirements for a licensed automobile wrecker to maintain records of motor vehicles that have been processed as parts or scrap metal to include the retention for 2 years of any certificates of title or registration or other documentation of ownership obtained when the motor vehicle was acquired.
Existing law restricts the sale of a salvage vehicle in certain circumstances. For example, if such a vehicle has not been repaired, it may only be sold to a salvage pool, automobile auction, rebuilder, automobile wrecker or a new or used motor vehicle dealer. (NRS 487.800) The term salvage vehicle includes a total loss vehicle, which is defined as a vehicle that has sustained damage to such an extent that the cost of repair, not including the cost of painting any portion of the vehicle, is 65 percent or more of the fair market value of the vehicle immediately before it was damaged. (NRS 487.770, 487.790) Section 11 of this bill revises the definition of total loss vehicle to exempt from the cost of repair the replacement of major electronic components in accordance with the specifications of the manufacturer and towing charges. Section 11 also specifies that the term total loss vehicle does not include a vehicle that was stolen and subsequently recovered if the vehicle has no structural damage but is missing only tires, wheels, or audio or video equipment. Section 13 of this bill makes conforming changes as to exempting from the cost of repair the replacement of major electronic components in accordance with the specifications of the manufacturer, and towing charges, when determining an estimate of repair costs for a vehicle in certain circumstances.
κ2011 Statutes of Nevada, Page 1658 (CHAPTER 299, AB 204)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.470 is hereby amended to read as follows:
482.470 1. [If] Except as otherwise provided in section 4 of this act, if any vehicle is dismantled, junked or rendered inoperative and unfit for further use in accordance with the original purpose for which it was constructed, the owner shall deliver to the Department any certificate of registration and certificate of title issued by the Department or any other jurisdiction, unless the certificate of title is required for the collection of any insurance or other indemnity for the loss of the vehicle, or for transfer in order to dispose of the vehicle.
2. [Any] Except as otherwise provided in section 4 of this act, any other person taking possession of a vehicle described in subsection 1 shall immediately deliver to the Department any license plate or plates, certificate of registration or certificate of title issued by the Department or any other jurisdiction, if the person has acquired possession of any of these and unless the certificate of title is required for a further transfer in the ultimate disposition of the vehicle.
3. The Department may issue a salvage title as provided in chapter 487 of NRS.
4. The Department shall destroy any plate or plates that are returned in a manner described in subsections 1 and 2.
Sec. 2. Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. Electronic components means major electrical or electronic items or parts within a motor vehicle, including, without limitation:
1. Computer control modules for the:
(a) Engine of the vehicle;
(b) Air conditioning systems and parts thereof;
(c) Traction control systems and parts thereof;
(d) Antilock braking systems and parts thereof;
(e) Electrical or electronic items used to power or propel a hybrid vehicle;
(f) Wiring harnesses; or
(g) Supplemental restraint systems; and
2. Any other major electrical item or part declared by regulation of the Department to be an electronic component.
Sec. 4. 1. If a licensed automobile wrecker, in addition to any other bond required by NRS 487.047 to 487.200, inclusive, procures and files with the Department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant conducts his or her relevant activities in accordance with the provisions of this section, the wrecker may use the procedure set forth in this section to process a motor vehicle as parts or scrap metal. The additional bond described in this subsection may cover more than one location at which the licensed automobile wrecker does business, if the wrecker holds an ownership interest of 51 percent or more in each such business location.
κ2011 Statutes of Nevada, Page 1659 (CHAPTER 299, AB 204)κ
2. Upon obtaining a motor vehicle that is to be processed as parts or scrap metal, a licensed automobile wrecker who has procured and filed the additional bond described in subsection 1 and who wishes to use the procedure provided in this section:
(a) Shall transmit to the Department electronically or via facsimile, as specified by the Department, a report that includes:
(1) The make, model, vehicle identification number and registration number, if applicable, of the motor vehicle; and
(2) An affirmation by the licensed automobile wrecker that the motor vehicle has been designated by the licensed automobile wrecker for processing as parts or scrap metal.
(b) May process the motor vehicle for parts or scrap metal only if:
(1) Five or more business days elapse after transmission to the Department of the report required by paragraph (a); and
(2) The licensed automobile wrecker does not receive notification from the Department that the motor vehicle is not to be processed as parts or scrap metal.
3. A licensed automobile wrecker who processes a motor vehicle for parts or scrap metal pursuant to this section assumes all liability for any injuries to any person or property arising from or incident to the act of such processing. No action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions which is based upon any injuries to any person or property arising from or incident to the act of processing a motor vehicle for parts or scrap metal as authorized pursuant to this section.
4. If a licensed automobile wrecker submits to the Department the report described in subsection 2 and the Department confirms that the motor vehicle which is the subject of the report has been processed as parts or scrap metal, the Department shall issue a nonrepairable vehicle certificate for the motor vehicle.
Sec. 5. NRS 487.100 is hereby amended to read as follows:
487.100 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, any automobile wrecker purchasing from any person other than a licensed operator of a salvage pool any vehicle subject to registration pursuant to the laws of this State shall forward to the Department the certificates of title and registration last issued therefor.
2. The certificate of ownership last issued for a mobile home or commercial coach must be sent by the wrecker to the Manufactured Housing Division of the Department of Business and Industry.
3. An automobile wrecker is not required to:
(a) Provide the Department with a certificate of title, salvage title or a nonrepairable vehicle certificate and certificate of registration last issued; or
(b) Obtain from the Department a certificate of title, salvage title, nonrepairable vehicle certificate or certificate of registration,
Κ for a motor vehicle that is to be processed as parts or scrap metal by the automobile wrecker pursuant to section 4 of this act.
Sec. 6. NRS 487.160 is hereby amended to read as follows:
487.160 1. The Department may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker:
κ2011 Statutes of Nevada, Page 1660 (CHAPTER 299, AB 204)κ
(a) Is not lawfully entitled thereto;
(b) Has made, or knowingly or negligently permitted, any illegal use of that license;
(c) Has failed to return a salvage title to the state agency when and as required of the licensee by NRS 487.710 to 487.890, inclusive; or
(d) [Has] Except as otherwise provided in section 4 of this act, has failed to surrender to the state agency certificates of title for vehicles before beginning to dismantle or wreck the vehicles.
2. The applicant or licensee may, within 30 days after receipt of the notice of refusal, suspension or revocation, petition the Department in writing for a hearing.
3. Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. The Department may suspend, revoke or refuse to renew a license of an automobile wrecker, or may deny a license to an applicant therefor, for any reason determined by the Director to be in the best interest of the public, or if the licensee or applicant:
(a) Does not have or maintain an established place of business in this State.
(b) Made a material misstatement in any application.
(c) Willfully fails to comply with any applicable provision of this chapter.
(d) Fails to furnish and keep in force any bond required by NRS 487.047 to 487.200, inclusive.
(e) Fails to discharge any final judgment entered against the licensee or applicant when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.
(f) Fails to maintain any license or bond required by a political subdivision of this State.
(g) Has been convicted of a felony.
(h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.
(i) Fails or refuses to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 7.
(j) Knowingly submits or causes to be submitted any false, forged or otherwise fraudulent document to the Department to obtain a lien, title, salvage title or certificate of ownership, or any duplicate thereof, for a vehicle.
(k) Knowingly causes or allows a false, forged or otherwise fraudulent document to be maintained as a record of the business.
(l) Interferes with or refuses to allow an agent of the Department or any peace officer access to and, upon demand, the opportunity to examine any record held in conjunction with the operation of the wrecker.
(m) Displays evidence of unfitness for a license pursuant to NRS 487.165.
5. If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.
6. The Department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.
κ2011 Statutes of Nevada, Page 1661 (CHAPTER 299, AB 204)κ
7. Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy any financial obligation related to the business of dismantling, scrapping, processing or wrecking of vehicles, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.047 to 487.200, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.
8. For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of noncompliance with any provision of NRS 487.047 to 487.200, inclusive, or NRS 487.710 to 487.890, inclusive, and section 4 of this act, or regulations of the state agency, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.
Sec. 7. NRS 487.170 is hereby amended to read as follows:
487.170 1. Every licensed automobile wrecker [, rebuilder or scrap processor] shall maintain a record of all vehicles acquired and processed [, junked, dismantled, wrecked, sold as a part or parts or disposed of] as parts or scrap metal [.] pursuant to section 4 of this act. The records must be open to inspection during business hours by any peace officer or investigator of the state agency. Every vehicle record must contain:
[1.] (a) The name [,] and address [and original signature] of the person from whom the vehicle was acquired ; [, until such time as the original signature is submitted to the Department, at which time the record must contain a duplicate of the signature;
2.] (b) The date the vehicle was acquired;
[3.] (c) The manner in which the vehicle was acquired by the wrecker ; [, rebuilder or scrap processor;
4.] (d) The registration number last assigned to the vehicle; [and
5.] (e) A brief description of the vehicle, including, insofar as the data may exist with respect to a given vehicle, the make, type, vehicle identification number, serial number and motor number, or any other number of the vehicle [.] ; and
(f) Any certificate of title, salvage title, nonrepairable vehicle certificate or other appropriate documentation of ownership required by the Department that was provided to the licensed automobile wrecker by the person from whom the vehicle was acquired.
2. Records maintained pursuant to subsection 1 must be retained by the licensed automobile wrecker for a period of at least 2 years.
Sec. 8. NRS 487.250 is hereby amended to read as follows:
487.250 1. The state agency or political subdivision shall, within 48 hours after the appraisal, notify the head of the state agency of the removal of the vehicle. The notice must contain:
(a) A description of the vehicle.
(b) The appraised value of the vehicle.
(c) A statement as to whether the vehicle will be junked, dismantled or otherwise disposed of.
κ2011 Statutes of Nevada, Page 1662 (CHAPTER 299, AB 204)κ
2. The person who removed the vehicle must notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.
3. Failure to reclaim within 15 days after notification a vehicle appraised at $500 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.
4. If all recorded interests in a vehicle appraised at $500 or less are waived, either as provided in subsection 3 or by written disclaimer by any person having an interest in the vehicle, the state agency , except as otherwise provided in subsection 3 of NRS 487.100, shall issue a salvage title pursuant to NRS 487.810 to the automobile wrecker who towed the vehicle or to whom the vehicle may have been delivered, or a certificate of title to the garage owner if the garage owner elects to retain the vehicle and the vehicle is equipped as required by chapter 484D of NRS.
Sec. 9. NRS 487.260 is hereby amended to read as follows:
487.260 1. If the vehicle is appraised at a value of more than $500, the state agency or political subdivision shall dispose of it as provided in NRS 487.270.
2. If the vehicle is appraised as a junk vehicle, the Department may issue a junk certificate to the automobile wrecker or tow operator who removed the vehicle.
3. An automobile wrecker who possesses a junk certificate for a junk vehicle may [dismantle, scrap, crush or otherwise destroy the vehicle.] process the vehicle for parts or scrap metal pursuant to section 4 of this act.
4. A vehicle for which a junk certificate has been issued may be sold to an automobile wrecker by the person to whom the junk certificate was issued by the sellers endorsement on the certificate. [An] Except as otherwise provided in subsection 3 of NRS 487.100, an automobile wrecker who purchases a vehicle for which a junk certificate has been issued shall immediately affix the business name of the automobile wrecker as purchaser to the first available space provided on the reverse side of the certificate. For the purposes of this subsection, such an automobile wrecker is the owner of the junk vehicle.
5. If insufficient space exists on the reverse side of a junk certificate to transfer the vehicle pursuant to subsection 4, except as otherwise provided in subsection 3 of NRS 487.100, an automobile wrecker who purchases a junk vehicle for which a junk certificate has been previously issued shall, within 10 days after purchase, apply to the Department for a new junk certificate and surrender the original certificate.
6. A person who sells [, dismantles, scraps, crushes or otherwise destroys] a junk vehicle shall maintain, for at least 2 years, a copy of the junk certificate and a record of the name and address of the person from whom the vehicle was acquired and the date thereof. The person shall allow any peace officer or any investigator employed by a state agency to inspect the records during business hours.
7. An automobile wrecker who processes a junk vehicle for parts or scrap metal shall maintain records as required by NRS 487.170.
κ2011 Statutes of Nevada, Page 1663 (CHAPTER 299, AB 204)κ
8. As used in this section, junk vehicle means a vehicle, including component parts, which:
(a) Has been discarded or abandoned;
(b) Has been ruined, wrecked, dismantled or rendered inoperative;
(c) Is unfit for further use in accordance with the original purpose for which it was constructed;
(d) Is not registered with the Department or has not been reclaimed by the registered owner or a person having a security interest in the vehicle within 15 days after notification pursuant to NRS 487.250; and
(e) Has value principally as scrap which does not exceed $200.
Sec. 10. NRS 487.710 is hereby amended to read as follows:
487.710 As used in NRS 487.710 to 487.890, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 487.720 to 487.790, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 11. NRS 487.790 is hereby amended to read as follows:
487.790 1. Total loss vehicle means a motor vehicle:
(a) Of a type which is subject to registration; and
(b) Which has been wrecked, destroyed or otherwise damaged to such an extent that the cost of repair [, not including any cost associated with painting any portion of the vehicle,] is 65 percent or more of the fair market value of the vehicle immediately before it was wrecked, destroyed or otherwise damaged [.] , except that, for the purposes of this paragraph, the cost of repair does not include the cost of:
(1) Painting any portion of the vehicle;
(2) Replacing electronic components in accordance with the specifications of the manufacturer; or
(3) Towing the vehicle.
2. The term does not include:
(a) A nonrepairable vehicle;
(b) A motor vehicle which is 10 model years old or older and which, to restore the vehicle to its condition before it was wrecked, destroyed or otherwise damaged and regardless of cost, requires the replacement of only:
(1) The hood;
(2) The trunk lid;
(3) A fender;
(4) Two or fewer of the following parts or assemblies, which may be bolted or unbolted:
(I) Doors;
(II) A grill assembly;
(III) A bumper assembly;
(IV) A headlight assembly; or
(V) A taillight assembly; or
[(4)] (5) Any combination of subparagraph (1), (2) , [or] (3) [;] or (4);
(c) A motor vehicle, regardless of the age of the vehicle, for which the cost to repair the vehicle [, not including any cost associated with painting any portion of the vehicle,] is less than 65 percent of the fair market value of the vehicle immediately before the vehicle was wrecked, destroyed or otherwise damaged [.] , except that, for the purposes of this paragraph, the cost of repair does not include the cost of:
κ2011 Statutes of Nevada, Page 1664 (CHAPTER 299, AB 204)κ
(1) Painting any portion of the vehicle;
(2) Replacing electronic components in accordance with the specifications of the manufacturer; or
(3) Towing the vehicle; or
(d) A motor vehicle that was stolen and subsequently recovered, if the motor vehicle:
(1) Has no structural damage; and
(2) Is missing only tires, wheels, audio or video equipment, or some combination thereof.
3. For the purposes of this section, the model year of manufacture is calculated based on a year beginning on January 1 of the calendar year in which the damage occurs.
Sec. 12. NRS 487.880 is hereby amended to read as follows:
487.880 A nonrepairable vehicle:
1. Must be processed as parts or scrap metal by a licensed automobile wrecker . [, dismantler or recycler.]
2. May not be rebuilt, reconstructed or restored for operation on the highways of this State.
3. Must be issued a certificate by the state agency which indicates that it is a nonrepairable vehicle before any ownership interest in the vehicle may be transferred.
Sec. 13. NRS 487.890 is hereby amended to read as follows:
487.890 An estimate of the cost of repair for a motor vehicle pursuant to NRS 487.800:
1. Must be calculated using the cost of the parts and labor required to restore the vehicle to the condition it was in immediately before it was wrecked, destroyed or otherwise damaged. The cost of parts and labor must be based on:
(a) The current published actual retail price of original manufacturer equipment, retail price of new alternative equipment or the actual cost of used parts.
(b) Rates for labor which are commonly charged in the community in which the repairs will be performed.
2. May not include any cost associated with [painting] :
(a) Painting any portion of the vehicle [.] ;
(b) Replacing electronic components in accordance with the specifications of the manufacturer; or
(c) Towing the vehicle.
Sec. 14. The Department of Motor Vehicles shall adopt the regulations necessary to implement the provisions of sections 1, 4 to 9, inclusive, and 12 of this act on or before December 31, 2011.
Sec. 15. 1. This section and section 14 of this act become effective upon passage and approval.
2. Sections 2, 3, 10, 11 and 13 of this act become effective on July 1, 2011.
3. Sections 1, 4 to 9, inclusive, and 12 of this act become effective on January 1, 2012.
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