Senate Bill No. 359

Senate Bill No. 359-Committee on Judiciary

May 5, 1997
____________

Referred to Committee on Judiciary

SUMMARY--Ratifies technical corrections made to NRS and Statutes of Nevada. (BDR S-765)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to statutes; ratifying technical corrections made to sections of NRS and to multiple amendments of sections of NRS; correcting the effective date of, correcting certain provisions in and repealing certain provisions in Statutes of Nevada; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 NRS 289.410 is hereby amended to read as follows:
289.410 1. A peace officer shall not use a choke hold on any other person unless:
(a) The agency employing the peace officer authorizes the use of the choke hold by its peace officers in the course of their duties; and
(b) The peace officer has successfully completed training in the proper use of the choke hold and holds current certification for its use by the agency which employs him.
2. If a law enforcement agency finds that a peace officer has violated the provisions of subsection 1, the peace officer is subject to such disciplinary action as is provided for such an offense by the agency.
3. Each agency in this state which employs a peace officer shall adopt regulations which govern whether the use of a choke hold by its officers during the course of their duties is authorized. If an agency authorizes such a use of a choke hold, the agency shall also adopt regulations which specifically address:
(a) The manner in which a peace officer, certified for use of a choke hold, is authorized to use the hold in the course of his duties;
(b) The manner in which records of training, certification and recertification will be maintained to ensure compliance with any applicable statutory or other related requirements; and
(c) The consequences of unauthorized or uncertified use of a choke hold.
4. As used in this [section:
(a) "Choke] section, "choke hold" means the holding of a person's neck in a manner specifically intended to restrict the flow of oxygen or blood to the person's lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.
[(b) "Peace officer" means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 281.0311 to 281.0353, inclusive.]
Sec. 2 Section 673 of chapter 466, Statutes of Nevada 1993, at page 1701, is hereby amended to read as follows:

Sec. 673. NRS 534A.070 is hereby amended to read as follows:

534A.070 1. The [executive director] administrator of the [department] division of minerals of the department of business and industry shall approve or reject an application for a permit to drill an exploratory well within 10 days after he receives the application in proper form. Such a permit must not be effective for more than 2 years, but may be extended by the [executive director.] administrator.

2. Upon receipt of an application for a permit to drill or operate a geothermal well, the [executive director] administrator of the division of minerals shall transmit copies of the application to the state engineer, the administrator of the division of environmental protection of the state department of conservation and natural resources and the [director of the department of wildlife.] administrator of the division of wildlife of the state department of conservation and natural resources. After consultation with the state engineer [, the administrator and the director, respectively, the executive director] and each of the administrators, the administrator of the division of minerals may issue a permit to drill or operate a geothermal well if it is determined that issuance of a permit is consistent with:

(a) The policies specified in NRS 445.132 and 445.401;

(b) The purposes of chapters 533 and 534 of NRS; and

3. The [executive director] administrator of the division of minerals shall approve or reject the application to drill or operate a geothermal well within 90 days after he receives it in proper form, unless it is determined that a conflict exists pursuant to subsection 2 or a public hearing is necessary pursuant to subsection 4. Notice of the conflict or need for a public hearing must be provided to the applicant within the 90-day period.

4. The state engineer and the [executive director] administrator of the [department] division of minerals may hold public hearings jointly or separately to gather such evidence or information as they deem necessary for a full understanding of all the rights involved and to guard properly the public interest.

5. A permit issued pursuant to this section must include any conditions:

(a) Deemed necessary by the [executive director] administrator of the division of minerals to carry out the purposes of this section; and

(b) Imposed by the state engineer consistent with chapters 533 and 534 of NRS.

Sec. 3 Section 15 of chapter 175, Statutes of Nevada 1995, at page 269, is hereby amended to read as follows:

Sec. 15. NRS 642.390 is hereby amended to read as follows:

642.390 Upon receipt of an application for a [license,] permit to operate a funeral establishment, a funeral director's license or a license to conduct direct cremations or immediate burials, the board shall cause an investigation to be made as to the character of the applicant, and may require such showing as will reasonably prove his good character.

Sec. 4 Section 34 of chapter 181, Statutes of Nevada 1995, at page 300, is hereby amended to read as follows:

Sec. 34. NRS 453.341 is hereby amended to read as follows:

453.341 1. Prosecution for any violation of law occurring [prior to] before January 1, 1972, is not affected or abated by the provisions of NRS 453.011 to 453.552, inclusive. If the offense being prosecuted is similar to one set out in NRS 453.321 to 453.552, inclusive, then the penalties under NRS 453.321 to 453.552, inclusive, apply if they are less than those under prior law.

2. Civil seizures or forfeitures and injunctive proceedings commenced [prior to] before January 1, 1972, are not affected by the provisions of NRS 453.011 to 453.552, inclusive.

3. All administrative proceedings pending under prior laws which are superseded by NRS 453.011 to 453.552, inclusive, [shall] must be continued and brought to a final determination in accord with the laws and rules in effect [prior to] before January 1, 1972. Any substance controlled under prior law which is not listed within schedules I to V, inclusive, is automatically controlled without further proceedings and [shall] must be listed in the appropriate schedule.

4. The board shall initially permit persons to register who own or operate any establishment engaged in the [manufacture, distribution or] dispensing of any controlled substance [prior to] before January 1, 1972, and who are registered or licensed by the state.

5. NRS 453.011 to 453.552, inclusive, apply to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur [following] on or after January 1, 1972.

Sec. 5 Section 2 of chapter 245, Statutes of Nevada 1995, at page 400, is hereby amended to read as follows:

Sec. 2. Chapter 174 of NRS is hereby amended by adding thereto a new section to read as follows:

If the trial involves acts committed against a child less than 16 years of age or involving acts witnessed by a child less than 16 years of age, the prosecuting attorney shall request the court, in its discretion, to give preference in setting a date for the trial of the defendant. In making a ruling, the court may consider the effect a delay in the commencement of the trial might have on the mental or emotional health or well-being of the child.

Sec. 6 Section 1 of chapter 246, Statutes of Nevada 1995, at page 400, is hereby amended to read as follows:

Section 1. Section 2.310 of the charter of the City of North Las Vegas, being chapter 189, Statutes of Nevada 1993, at page 333, is hereby amended to read as follows:

Sec. 2.310 Powers of city council: Creation of library district.

1. The city council may create a municipal library district to include all of the territory of the city except any such territory included within another library district on the date of creation of the municipal library district. The city council may designate itself as the governing authority of the municipal library district or may appoint a board of trustees as the governing authority.

2. The governing authority of the municipal library district has the powers and duties provided for the trustees of a public library by NRS 379.025, 379.026, 379.040 and 379.060, and the city council may provide for a tax upon all taxable property in the district [at the same rate as is levied for the same year for the consolidated library district which includes the City of Las Vegas.] for the purpose of operating the district. The rate of the tax must be calculated pursuant to NRS 354.59811. The limit upon the calculated receipts from the tax may be exceeded pursuant to a vote of the people as provided in NRS 354.5982.

3. The governing authority of the municipal library district may propose the issuance of general obligation bonds in an amount not to exceed 10 percent of the total last assessed valuation of the taxable property of the district for the purpose of acquiring, constructing or improving buildings and other real property to be used for library purposes or for purchasing books, materials and equipment for libraries. If the governing authority decides to propose the issuance of bonds, the proposal must be submitted to the debt management commission of the county in which the district is situated, pursuant to the provisions of NRS 350.001 to 350.006, inclusive. If the commission approves the proposed issuance, the question of issuing the bonds must be submitted to the registered electors of the district in accordance with the provisions of NRS 350.020 to 350.070, inclusive. If a majority of the electors voting on the question favors the proposal, the governing authority shall issue the bonds as general obligations of the municipal library district pursuant to the provisions of the Local Government Securities Law.

4. The district is not entitled to receive any distribution of supplemental city-county relief tax.

Sec. 7 Section 7 of chapter 256, Statutes of Nevada 1995, at page 415, is hereby amended to read as follows:

Sec. 7. 1. The board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.

2. Lifetime supervision shall be deemed a form of parole for the limited purposes of the applicability of the provisions of subsection 9 of NRS 213.1095, NRS 213.1096, 213.10973 and subsection 2 of NRS 213.110.

3. A person who violates a condition imposed on him pursuant to the program of lifetime supervision is guilty of a felony.

4. A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment pursuant to this subsection becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

Sec. 8 Section 16 of chapter 295, Statutes of Nevada 1995, at page 740, is hereby amended to read as follows:

Sec. 16. Chapter 331 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The chief shall remove or cover all evidence that graffiti has been placed on the real or personal property which is owned or otherwise controlled by the state within 15 days after he discovers the graffiti or as soon as practicable.

2. The chief may bring an action against a person responsible for placing graffiti on the property to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.

3. As used in this section, "graffiti" means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property.

Sec. 9 Section 5 of chapter 331, Statutes of Nevada 1995, at page 834, is hereby amended to read as follows:

Sec. 5. NRS 322.060 is hereby amended to read as follows:

322.060 Leases or easements authorized pursuant to the provisions of NRS 322.050, and not made for the purpose of extracting oil, coal or gas or the utilization of geothermal resources from the lands leased, must be:

1. For such areas as may be required to accomplish the purpose for which the land is leased or the easement granted.

2. [For] Except as otherwise provided in sections 2 and 3 of this act, for such term and consideration as the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, may determine reasonable based upon the fair market value of the land.

3. Executed upon a form to be prepared by the attorney general. The form must contain all of the covenants and agreements usual or necessary to such leases or easements.

Sec. 10 Sections 1 and 2 of chapter 400, Statutes of Nevada 1995, at pages 996 and 997, respectively, are hereby amended to read respectively as follows:

Section 1. NRS 171.204 is hereby amended to read as follows:

171.204 1. Except as otherwise provided in subsection 2, the magistrate may, if good cause is shown and upon the request of [the defendant,] any party or on his own motion, exclude from the examination every person except [his clerk, the prosecutor and his counsel, the] :

(a) The magistrate's clerk;

(b) The attorney general [, the district attorney of the county, the] ;

(c) The prosecuting attorney;

(d) An investigating officer, after he has testified as a prosecuting witness and his cross-examination has been completed;

(e) Any counsel for the victim;

(f) The victim, after he has testified as a prosecuting witness and his cross-examination has been completed;

(g) The defendant and his counsel [, the] ;

(h) The witness who is testifying [, the] ;

(i) The officer having the defendant or a witness in his custody [, an] ;

(j) An attendant to a prosecuting witness designated pursuant to NRS 178.571 ; and [any]

(k) Any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.

2. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded from the examination except in the discretion of the magistrate.

3. As used in this section, "victim" includes any person described in NRS 178.569.

Sec. 2. NRS 50.155 is hereby amended to read as follows:

50.155 1. Except as otherwise provided in subsections 2 and 3, at the request of a party the judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and he may make the order of his own motion.

2. This section does not authorize the exclusion of:

(a) A party who is a natural person;

(b) An officer or employee of a party which is not a natural person designated as its representative by its attorney; [or]

(d) Except as otherwise provided in NRS 171.204, any of the persons listed in subsection 1 of that section.

3. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded except in the discretion of the judge.

Sec. 11 Section 7 of chapter 409, Statutes of Nevada 1995, at page 1019, is hereby amended to read as follows:

Sec. 7. 1. Except as otherwise provided in subsection 2, a municipality shall sell the bonds it issues by competitive bid if the credit rating for the bonds or any other bonds of the municipality with the same security, determined without regard to insurance for the bonds or any other independent enhancement of credit, is rated by a nationally recognized rating service as "A-," "A," "AA," "AAA," or their equivalents, 90 days before and on the day the bonds are sold and:

(a) The bonds are general obligation bonds;

(b) The primary security for the bonds is an excise tax; or

(c) The bonds are issued pursuant to chapter 271 of NRS and are secured by a pledge of the taxing power and the general fund of the municipality.

2. The provisions of subsection 1 and sections 9 and 10 of this act do not apply to:

(a) Any bond which is issued with a variable rate of interest.

(b) A bond issue whose principal amount is $1,000,000 or less.

(c) A bond issue with a term of 3 years or less.

(d) A bond issue for which an invitation for competitive bids was issued and for which no bids were received or all bids were rejected.

(e) Leases, contracts for purchase by installment and certificates of participation if the obligations of the municipality thereunder will terminate when the municipality fails to appropriate money to pay that obligation for the next fiscal year.

(f) Economic development revenue bonds issued pursuant to the city economic development revenue bond law or the county economic development revenue bond law.

(g) Bonds sold by the municipality to:

(1) The United States or any agency or instrumentality thereof;

(2) The State of Nevada;

(3) Any other municipality; or

(4) Not more than 10 investors each of whom certifies that he:

(I) Has a net worth of $500,000 or more; and

(II) Is purchasing for investment and not for resale.

(h) Bonds which require unusual methods of financing, if the chief administrative officer of the municipality certifies in writing that the proposed method of financing:

(1) Has not been used previously by any municipality in this state; and

(2) May provide a substantial benefit to the municipality.

(i) Refunding bonds, if the chief administrative officer of the municipality certifies in writing that the use of a negotiated sale may provide a substantial benefit to the municipality which would not be available if the bonds were sold by competitive bid.

(j) Bonds which are sold at a time when, because of particular conditions in the market, a negotiated sale may provide a benefit to the municipality which would not be available if the bonds were sold by competitive bid, if the chief administrative officer of the municipality so certifies in writing.

(k) Bonds which are issued pursuant to chapter 271 of NRS and are not secured by a pledge of the taxing power and general fund of the municipality.

(l) Revenue bonds which are issued pursuant to chapter 350A of NRS and are secured by a pledge of the allocable local revenues of the municipality.

3. The certificate required by paragraph (h) of subsection 2 must specifically describe the proposed method of financing. The certificate required by paragraph (i) of subsection 2 must specifically describe the circumstances that may provide a substantial benefit if the refunding bonds are negotiated. The certificate required by paragraph (j) of subsection 2 must specifically describe the particular conditions in the market which indicate that a negotiated sale of the bonds may provide a benefit to the municipality. Each certificate required pursuant to subsection 2 must be submitted to the governing body of the municipality at a regularly scheduled meeting of that body and include:

(a) The estimated amount of the benefit which will accrue to the municipality.

(b) If the municipality has a financial adviser, a written report prepared by that financial adviser which specifically describes the method of sale which will be used for the proposed financing.

4. A copy of:

(a) The certificate required by paragraph (h), (i) or (j) of subsection 2; and

(b) The report required pursuant to subsection 3,

must be filed with the debt management commission of the county where the municipality is located, the county clerk and the department of taxation. Before entering into a contract to sell bonds, at least two-thirds of the members of the governing body of the municipality must approve the certificate.

5. If a municipality is required to sell the bonds it issues by competitive bid pursuant to the provisions of this section, it must cause an invitation for competitive bids, or notice thereof, to be published before the date of the sale in the daily or weekly version of the Bond Buyer, published at One State Street Plaza in New York City, New York, or any successor publication.

6. As used in this section, "invitation for competitive bids" means a process by which sealed bids or the reasonable equivalent thereof, as approved by the governing body of a municipality, are solicited, received and publicly opened at a specified time, place and date.

Sec. 12 Sections 69 and 75 of chapter 431, Statutes of Nevada 1995, at pages 1102 and 1104, respectively, are hereby amended to read respectively as follows:

Sec. 69. NRS 685A.120 is hereby amended to read as follows:

685A.120 1. No person in this state may act as, hold himself out as, or be a surplus lines broker with respect to subjects of insurance resident, located or to be performed in this state or elsewhere unless he is licensed as such by the commissioner pursuant to this chapter.

2. Any person who has been licensed by this state as a resident broker for general lines for at least 6 months or has been licensed in another state as a surplus lines broker for at least 1 year and who is deemed by the commissioner to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus lines broker upon:

(a) Application for a license and payment of the applicable fee for a license and a fee of $15 for deposit in the insurance recovery [fund;] account created by NRS 679B.305; and

(b) Passing any examination prescribed by the commissioner on the subject of surplus lines.

3. Application for the license must be made to the commissioner on forms designated and furnished by him.

4. A license issued pursuant to this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. The license may be renewed by payment of the applicable fee for renewal and a fee of $15 for deposit in the insurance recovery [fund] account created by NRS 679B.305 to the commissioner on or before the last day of the month in which the license is renewable.

5. A license which is not renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required and a fee of $15 for deposit in the insurance recovery [fund.] account created by NRS 679B.305.

Sec. 75. [Section] Sections 2 and 69 of this act [becomes] become effective at 12:01 a.m. on October 1, 1995.

Sec. 13 Sections 12 and 13 of chapter 442, Statutes of Nevada 1995, at pages 1152 and 1154, respectively, are hereby amended to read respectively as follows:

Sec. 12. NRS 202.300 is hereby amended to read as follows:

202.300 1. [A minor] Except as otherwise provided in this section, a child under the age of [14] 18 years shall not handle or have in his possession or under his control, except while accompanied by or under the immediate charge of his parent or guardian or an adult person [,] authorized by his parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.

2. [Every person violating any of the provisions of subsection 1, or aiding or knowingly permitting any such minor] A person who aids or knowingly permits a child to violate [the] subsection 1:

(a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.

(b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a felony.

(c) For a second or any subsequent offense, is guilty of a felony.

3. [In determining the appropriate penalty for a violation of subsection 2, the court shall consider as an aggravating factor, if applicable, whether the defendant left a loaded firearm within reach of or easily accessible to a minor who used the firearm to inflict injury or death upon himself or another person, unless:] A person does not aid or knowingly permit a child to violate subsection 1 if:

(a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;

(b) The [minor] child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;

(d) The [minor] child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his official duties.

4. The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.

5. Except as otherwise provided in subsection 8, a child who is 14 years of age or older, who has in his possession a valid license to hunt, may handle or have in his possession or under his control, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him:

(a) A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun; or

(b) A firearm capable of being concealed upon the person, if the child has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,

and the child is traveling to the area in which he will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.

6. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun and the child is:

(a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;

(b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;

(c) Participating in a lawfully organized competition or performance involving the use of a firearm;

(d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and he is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;

(e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;

(f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or

(g) At his residence.

7. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of being concealed upon the person, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child:

(a) Has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm for the purpose of engaging in such an activity; and

(b) Is not otherwise prohibited by law from possessing such a firearm.

8. A child shall not handle or have in his possession or under his control a loaded firearm if he is:

(a) An occupant of a motor vehicle;

(b) Within any residence, including his residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or

(c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless he is within a facility licensed for target practice.

9. A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment pursuant to this section becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

10. For the purposes of this section, a firearm is loaded if:

(a) There is a cartridge in the chamber of the firearm;

(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

Sec. 13. NRS 202.310 is hereby amended to read as follows:

202.310 1. Any person in this state who sells or barters to [another] a child under the age of 18 years [either] , with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person [shall be] is guilty of a [misdemeanor.

2. The term "firearm capable of being concealed upon the person" as used in this section applies to and includes all firearms having a barrel less than 12 inches in length.] felony.

2. A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment pursuant to this section becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

Sec. 14 1. Sections 98, 175, 181, 233, 293, 295, 392 and 394 of chapter 443, Statutes of Nevada 1995, at pages 1204, 1236, 1238, 1258, 1285, 1287 and 1340, are hereby amended to read respectively as follows:

Sec. 98. NRS 202.170 is hereby amended to read as follows:

202.170 [Every] A person who willfully mingles poison or any other harmful substance, including, but not limited to, glass or a razor blade, in any food, drink or medicine intended or prepared for the use of a human being, and [every] a person who willfully poisons any spring, well or reservoir of water, 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 nor] 2 years and a maximum term of not more than [10] 15 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

Sec. 175. NRS 205.950 is hereby amended to read as follows:

205.950 1. It is unlawful for a person to receive an advance fee, salary, deposit or money to obtain a loan for another unless he places the advance fee, salary, deposit or money in escrow pending completion of the loan or a commitment for the loan.

2. Advance payments to cover reasonably estimated costs paid to third persons are excluded from the provisions of subsection 1 if the person making them first signs a written agreement which specifies the estimated costs by item and the estimated aggregate cost, and which recites that money advanced for costs will not be refunded. If an itemized service is not performed and the estimated cost thereof is not refunded, the recipient of the advance payment is subject to the penalties provided in subsection 3.

3. [Any] A person who violates the provisions of this section:

(a) Is guilty of a misdemeanor if the amount is less than $250;

(b) Is guilty of a gross misdemeanor if the amount is $250 or more but less than $1,000; or

(c) [Shall] Is guilty of a category D felony if the amount is $1,000 or more and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, if the amount is $1,000 or more.] as provided in NRS 193.130.

Sec. 181. 1. A conviction under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.

2. If a count under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A count under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session may be separately filed after conviction of the primary offense, but if it is so filed, sentence must not be imposed, or the hearing required by subsection 3 held, until 15 days after the separate filing.

3. If a defendant charged under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. At such a hearing, the defendant may not challenge the validity of a previous conviction. The court shall impose sentence:

(a) Under NRS 207.010 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality;

(b) Under section 180 of this act upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual felon; or

(c) Under section 2 of Assembly Bill No. 570 of this session upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitually fraudulent felon.

4. Nothing in the provisions of this section, NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.

5. For the purposes of NRS 207.010, section 180 of this act and section 2 of Assembly Bill No. 570 of this session, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.

Sec. 233. NRS 213.1085 is hereby amended to read as follows:

213.1085 1. The board shall appoint an executive secretary, who is in the unclassified service of the state.

2. The executive secretary must be selected on the basis of his training, experience, capacity and interest in correctional services.

3. The board shall supervise the activities of the executive secretary.

4. The executive secretary is the secretary of the board and shall perform such duties in connection therewith as the board may require, including, but not limited to, preparing the agenda for board meetings and answering correspondence from prisoners in the state prison.

5. The executive secretary shall prepare a list at least 30 days before any scheduled action by the board showing each person then eligible for parole indicating:

(a) The name of the prisoner;

(b) The crime for which he was convicted;

(d) The date of the sentence;

(e) The length of the sentence [;] , including the minimum term and maximum term of imprisonment or the definite term of imprisonment, if one is imposed;

(f) The amount of time actually served in the state prison;

(g) The amount of credit for time previously served in a county jail; and

(h) The amount of credit allowed [for good behavior.] to reduce his sentence pursuant to chapter 209 of NRS.

The executive secretary shall send copies to all law enforcement agencies in [Nevada] this state and to other persons whom he deems appropriate, at least 30 days before any scheduled action by the board. Each law enforcement agency that receives the list shall make the list available for public inspection during normal business hours.

Sec. 293. NRS 453.336 is hereby amended to read as follows:

453.336 1. It is unlawful for [any] a person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, dentist, podiatric physician or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.

2. Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, [any] a person who violates this section shall be punished:

(a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

(b) For a second offense, if the controlled substance is listed in schedule I, II, III or IV, or if, in case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.

(c)] for a category E felony as provided in NRS 193.130.

(b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, [the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years] for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

[(d)] (c) For the first offense, if the controlled substance is listed in schedule V, [by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

(e)] for a category E felony as provided in NRS 193.130.

(d) For a second or subsequent offense, if the controlled substance is listed in schedule V, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

3. Any] for a category D felony as provided in NRS 193.130.

3. Unless a greater penalty is provided in NRS 212.160, a person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:

(a) For the first [offense:

(1) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000; or

(2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, and may have his driver's license suspended for not more than 6 months.

(b) For the] and second offense, is guilty of a category E felony and shall be punished [in the manner prescribed by subsection 2 for a first offense.

(c)] as provided in NRS 193.130.

(b) For a third or subsequent offense, is guilty of a category D felony and shall be punished [in the manner prescribed by subsection 2 for a second offense.] as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

4. Before sentencing under the provisions of subsection 3 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall:

(a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and

(b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information . [received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.]

Sec. 295. NRS 453.338 is hereby amended to read as follows:

453.338 1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for [any] a person to possess for the purpose of sale any controlled substance classified in schedule III, IV or V.

2. [Any] A person who violates this section shall be punished:

(a) For the first and second offense, [by imprisonment in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000.

(b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 1 year nor more than 10 years] for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

[(c)] (b) For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, [by imprisonment in the state prison for life or for a definite term of not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000 for each offense.] for a category C felony as provided in NRS 193.130.

3. The court shall not grant probation to or suspend the sentence of [any] a person convicted of violating this section and punishable under paragraph (b) [or (c)] of subsection 2.

Sec. 392. 1. Sections 1 and 2 of Senate Bill No. 192 of this session, section 3 of Senate Bill No. 513 of this session, section 1 of Assembly Bill No. 256 of this session and [sections 3 and 11 of Assembly Bill No. 570 of this session] section 58 of chapter 637, Statutes of Nevada 1995, at page 2482, are hereby repealed.

2. Sections 3 and 11 of chapter 341, Statutes of Nevada 1995, at pages 856 and 860, respectively, are hereby repealed.

Sec. 394. 1. This section and [sections] subsection 2 of section 392 of this act become effective at 11:59 p.m. on June 30, 1995.

2. Sections 1 to 181, inclusive, 183 to 194, inclusive, 196 to 207, inclusive, 209 to 232, inclusive, 234 to 338, inclusive, 340 to 355, inclusive, 358 to 379, inclusive, 381 to 388, inclusive, [and 390 to 393, inclusive,] 390, 391, 391.5 and 393 of this act, and subsection 1 of section 392 of this act , become effective on July 1, 1995.

[2.] 3. Sections 182, 195, 208, 233, 339, 356, 357, 380 and 389 of this act become effective at 12:01 a.m. on July 1, 1995.

4. Section 374.5 of this act becomes effective on October 1, 1995.

2. Chapter 443, Statutes of Nevada 1995, at page 1321, is hereby amended by adding thereto a new section to be designated as section 374.5, immediately following section 374, to read as follows:

Sec. 374.5. Section 181 of this act is hereby amended to read as follows:

3. If a defendant charged under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session pleads guilty or guilty but mentally ill to, or is found guilty of, [or pleads guilty to,] the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. At such a hearing, the defendant may not challenge the validity of a previous conviction. The court shall impose sentence:

(a) Under NRS 207.010 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality;

(b) Under section 180 of this act upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual felon; or

(c) Under section 2 of Assembly Bill No. 570 of this session upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitually fraudulent felon.

4. Nothing in the provisions of this section, NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session, limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.

3. Chapter 443, Statutes of Nevada 1995, at page 1340, is hereby amended by adding thereto a new section to be designated as section 391.5, immediately following section 391, to read as follows:

Sec. 391.5. Section 16 of chapter 516, Statutes of Nevada 1995, at page 1719, is hereby amended to read as follows:

Sec. 16. NRS 453.336 is hereby amended to read as follows:

453.336 1. It is unlawful for a person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, physician's assistant, dentist, podiatric physician or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.

2. Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

(a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

(b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

(c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

(d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

3. Unless a greater penalty is provided in NRS 212.160, a person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:

(a) For the first and second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(b) For a third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

(a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and

(b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information.

Sec. 15 Section 3 of chapter 448, Statutes of Nevada 1995, at page 1417, is hereby amended to read as follows:

Sec. 3. 1. No civil action based upon a claim relating to:

(a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or

(b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property,

may be commenced in any court in this state unless the action has been submitted to mediation or arbitration pursuant to the provisions of sections 2 to 8, inclusive, of this act and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted.

2. A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.

Sec. 16 Section 4 of chapter 453, Statutes of Nevada 1995, at page 1425, is hereby amended to read as follows:

Sec. 4. NRS 213.107 is hereby amended to read as follows:

213.107 As used in NRS 213.107 to 213.160, inclusive, section 5 of Senate Bill No. 61 of this session, section 1 of Assembly Bill No. 288 of this session , [and] sections 7 to 10, inclusive, of chapter 256, Statutes of Nevada 1995, and section 3 of this act, unless the context otherwise requires:

1. "Board" means the state board of parole commissioners.

2. "Chief " means the chief parole and probation officer.

3. "Division" means the division of parole and probation of the department of motor vehicles and public safety.

4. "Residential confinement" means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

5. "Sex offender" means any person who has been or is convicted of a sexual offense.

6. "Sexual offense" means:

(a) A violation of NRS 200.366, subsection 3 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

(b) An attempt to commit any offense listed in paragraph (a); or

(c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to section 3 of [this act.] chapter 256, Statutes of Nevada 1995.

7. "Standards" means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.

Sec. 17 1. Section 10 of chapter 486, Statutes of Nevada 1995, at page 1583, is hereby amended to read as follows:

Sec. 10. NRS 616.192 is hereby amended to read as follows:

616.192 1. Except as otherwise provided in this section, NRS 616.193 and 616.550, and section 8 of [this act,] chapter 587, Statutes of Nevada 1995, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person's identity.

2. Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under this chapter.

3. The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The manager may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

(a) Any agency of this or any other state charged with the administration or enforcement of workers' compensation law, unemployment compensation law, public assistance law or labor law;

(b) Any state or local agency for the enforcement of child support;

(d) The department of taxation; and

(e) The state contractors' board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration of a workers' compensation program may be made available to persons or agencies for purposes appropriate to the operation of a workers' compensation program.

4. Upon written request made by a public officer of a local government, the manager shall furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The manager may charge a reasonable fee for the cost of providing the requested information.

5. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the manager that he furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the manager shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

[5.] 6. The manager shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax. The manager may charge a reasonable fee to cover any related administrative expenses.

[6.] 7. If the manager or any employee of the manager, in violation of this section, discloses information obtained from files of claimants or policyholders, or if any person who has obtained a list of claimants or policyholders under this chapter uses or permits the use of the list for any political purposes, he is guilty of a gross misdemeanor.

[7.] 8. All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

2. Chapter 486, Statutes of Nevada 1995, at page 1584, is hereby amended by adding thereto a new section to be designated as section 10.5, immediately following section 10, to read as follows:

Sec. 10.5. Section 54 of chapter 580, Statutes of Nevada 1995, at page 2011, is hereby amended to read as follows:

Sec. 54. NRS 616.192 is hereby amended to read as follows:

616.192 1. Except as otherwise provided in this section, NRS 616.193 and 616.550, and section 8 of chapter 587, Statutes of Nevada 1995, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person's identity.

3. The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The [manager] administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

(a) Any agency of this or any other state charged with the administration or enforcement of [workers' compensation law,] laws relating to industrial insurance, unemployment compensation , [law,] public assistance [law] or labor [law;] and industrial relations;

(b) Any state or local agency for the enforcement of child support;

(d) The department of taxation; and

(e) The state contractors' board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration of a [workers' compensation] program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a [workers' compensation program.] program of industrial insurance.

4. Upon written request made by a public officer of a local government, the [manager] administrator shall furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The [manager] administrator may charge a reasonable fee for the cost of providing the requested information.

5. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the [manager] administrator that he furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the [manager] administrator shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

6. The [manager] administrator shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax. The [manager] administrator may charge a reasonable fee to cover any related administrative expenses.

7. If the [manager or] administrator, any employee of the [manager,] division or the commissioner in violation of this section, discloses information obtained from files of claimants or policyholders, or if any person who has obtained a list of claimants or policyholders under this chapter uses or permits the use of the list for any political purposes, he is guilty of a gross misdemeanor.

8. All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

Sec. 18 Sections 16, 57 and 60 of chapter 496, Statutes of Nevada 1995, at pages 1613, 1635 and 1636, respectively, are hereby amended to read respectively as follows:

Sec. 16. NRS 680A.200 is hereby amended to read as follows:

680A.200 1. The commissioner may refuse to continue or may suspend, limit or revoke an insurer's certificate of authority if he finds after a hearing thereon, or upon waiver of hearing by the insurer, that the insurer has:

(a) Violated or failed to comply with any lawful order of the commissioner;

(b) Conducted his business in an unsuitable manner;

(d) Violated any provision of this code other than one for violation of which suspension or revocation is mandatory.

In lieu of such a suspension or revocation, the commissioner may levy upon the insurer, and the insurer shall pay forthwith, an administrative fine of not more than $2,000 for each act or violation.

2. Except as otherwise provided in chapter 696B of NRS, the commissioner shall suspend or revoke an insurer's certificate of authority on any of the following grounds if he finds after a hearing thereon that the insurer:

(a) Is in unsound condition, is being fraudulently conducted, or is in such a condition or is using such methods and practices in the conduct of its business as to render its further transaction of insurance in this state currently or prospectively hazardous or injurious to policyholders or to the public.

(b) With such frequency as to indicate its general business practice in this state:

(1) Has without just cause failed to pay, or delayed payment of, claims arising under its policies, whether the claims are in favor of an insured or in favor of a third person with respect to the liability of an insured to the third person; or

(2) Without just cause compels insureds or claimants to accept less than the amount due them or to employ attorneys or to bring suit against the insurer or such an insured to secure full payment or settlement of such claims.

(c) Refuses to be examined, or its directors, officers, employees or representatives refuse to submit to examination relative to its affairs, or to produce its books, papers, records, contracts, correspondence or other documents for examination by the commissioner when required, or refuse to perform any legal obligation relative to the examination.

(d) Except as otherwise provided in NRS 681A.110, has reinsured all its risks in their entirety in another insurer.

(e) Has failed to pay any final judgment rendered against it in this state upon any policy, bond, recognizance or undertaking as issued or guaranteed by it, within 30 days after the judgment became final or within 30 days after dismissal of an appeal before final determination, whichever date is the later.

3. The commissioner may, without advance notice or a hearing thereon, immediately suspend the certificate of authority of any insurer as to which proceedings for receivership, conservatorship, rehabilitation or other delinquency proceedings have been commenced in any state by the public officer who supervises insurance for that state.

4. No proceeding to suspend, limit or revoke a certificate of authority pursuant to this section may be maintained unless it is commenced by the giving of notice to the insurer within 5 years after the occurrence of the charged act or omission. This limitation does not apply if the commissioner finds fraudulent or willful evasion of taxes.

Sec. 57. NRS 628A.010 is hereby amended to read as follows:

628A.010 As used in this chapter, unless the context otherwise requires:

1. "Client" means a person who receives advice from a financial planner.

2. "Compensation" means a fee for services provided by a financial planner to a client or a commission or other remuneration derived by a financial planner from a person other than the client as the result of the purchase of a good or service by the client.

3. "Financial planner" means a person who for compensation advises others upon the investment of money or upon provision for income to be needed in the future, or who holds himself out as qualified to perform either of these functions, but does not include:

(a) An attorney and counselor at law admitted by the supreme court of this state;

(b) A certified public accountant or a public accountant licensed pursuant to NRS 628.190 to 628.310, inclusive, or 628.350;

(d) An investment adviser licensed pursuant to NRS 90.330 or exempt under NRS 90.340; or

(e) An insurance agent or broker licensed pursuant to NRS 683A.090 to 683A.350, inclusive, or an insurance consultant licensed pursuant to sections 2 to 11, inclusive, of this act,

whose advice upon investment or provision of future income is incidental to the practice of his profession or business.

Sec. 60. 1. This section and sections 12 to [59,] 15, inclusive, 17 to 56, inclusive, 57.5, 58 and 59 of this act become effective on October 1, 1995.

2. Sections 16 and 57 of this act become effective at 12:01 a.m. on October 1, 1995.

3. Sections 1 to 11, inclusive, of this act become effective on January 1, 1996.

Sec. 19 1. Sections 2, 6, 13 and 15 of chapter 497, Statutes of Nevada 1995, at pages 1637, 1638, 1642 and 1645, respectively, are hereby amended to read respectively as follows:

Sec. 2. "Benefit penalty" means an additional amount of money that is payable to a claimant if the administrator has determined that a violation of any of the provisions of paragraphs (a) to (d), inclusive, of subsection 1 of NRS 616.647 has occurred.

Sec. 6. NRS 616.182 is hereby amended to read as follows:

616.182 1. Except as otherwise provided in this section, the division shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the division's regulations.

2. The commissioner is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers, associations of self-insured public or private employers and third-party administrators pursuant to NRS 616.291 to 616.298, inclusive, 616.338, 616.3791 to 616.37997, inclusive, and chapter 683A of NRS.

3. The department of administration is responsible for contested claims relating to workers' compensation pursuant to NRS 616.541 to 616.544, inclusive. The system is responsible for administrative appeals pursuant to NRS 616.392.

4. The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive [.] , and 616.647.

5. The division is responsible for the investigation of complaints. If a complaint is filed with the division , [by an employee of a self-insured employer or of an employer who is a member of an association of self-insured public or private employers, or by a third-party administrator or provider of medical care regarding compliance with statutes or the division's regulations,] the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons.

[6. If an investigation conducted pursuant to subsection 5 indicates that a self-insured employer or an association of self-insured public or private employers has failed to comply with a statute or regulation, the administrator may order that an evidentiary hearing take place. Upon a finding that intentional or repeated noncompliance has occurred, the administrator shall impose an administrative fine of not more than $250 for each initial noncompliance which was not intentional, or a fine of not more than $1,000 for each intentional or repeated noncompliance. Two or more findings of material noncompliance within a 12-month period constitute grounds for the suspension of the self-insured employer's or association's certification by the commissioner.] If the administrator determines that a violation may have occurred, the administrator shall proceed in accordance with the provisions of NRS 616.647 and section 3 of this act.

Sec. 13. NRS 616.647 is hereby amended to read as follows:

616.647 1. Except as otherwise provided in [subsection 2,] this section, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:

(a) Through fraud, coercion, duress or undue influence:

(1) Induced a claimant [for compensation] to fail to report an accidental injury or occupational disease;

[(b)] (2) Persuaded a claimant to settle for an amount which is less than reasonable;

[(c)] (3) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending; or

[(d)] (4) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer , [or] appeals officer [;

(e)] , court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to this chapter and chapter 617 of NRS;

(b) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer , [or] appeals officer [;

(f)] , court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to this chapter or chapter 617 of NRS, if the refusal or delay occurs:

(1) Later than 10 days after the date of the settlement agreement or stipulation;

(2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or division, unless a stay has been granted; or

(3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or division has been lifted;

(c) Refused to process a claim for compensation pursuant to this chapter or chapter 617 of NRS;

(d) Made it necessary for a claimant to [resort to proceedings against the employer or insurer] initiate proceedings pursuant to this chapter or chapter 617 of NRS for compensation found to be due him by a hearing officer , [or] appeals officer [;

(g)] , court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to this chapter or chapter 617 of NRS;

(e) Failed to comply with the division's regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS;

[(h)] (f) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to section 4.5 of [this act; or

(i) Intentionally or repeatedly] chapter 587, Statutes of Nevada 1995; or

(g) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 617 of NRS,

the administrator shall impose an administrative fine of [not more than $250] $1,000 for each initial violation , [which was not intentional,] or a fine of [not more than $1,000 for each intentional or repeated] $10,000 for a second or subsequent violation.

2. Except as otherwise provided in this chapter or chapter 617 of NRS, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has failed to comply with any provision of this chapter or chapter 617 of NRS, or any regulation adopted pursuant thereto, the administrator may take any of the following actions:

(a) Issue a notice of correction for:

(1) A minor violation, as defined by regulations adopted by the division; or

(2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 617 of NRS, or any regulation adopted pursuant thereto.

The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. Nothing in this section authorizes the administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.

(b) Impose an administrative fine for:

(1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or

(2) Any other violation of this chapter or chapter 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).

The fine imposed may not be greater than $250 for an initial violation, or more than $1,000 for any second or subsequent violation.

(c) Order a plan of corrective action to be submitted to the administrator within 30 days after the date of the order.

3. If the administrator determines that a violation of any of the provisions of paragraphs (a) to (d), inclusive, of subsection 1 has occurred, the administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty in an amount equal to 50 percent of the compensation due or $10,000, whichever is less. In no event may a benefit penalty be less than $500. The benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the administrator's determination. Proof of the payment of the benefit penalty must be submitted to the administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616.2207. Any compensation to which the claimant may otherwise be entitled pursuant to this chapter or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.

4. In addition to any fine or benefit penalty imposed pursuant to [subsection 1,] this section, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.

[3.] 5. If the administrator determines that a person has violated any of the provisions of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive, the administrator shall impose an administrative fine of not more than $10,000.

[4.] 6. Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the withdrawal of [a certificate of self-insurance to act as a self-insured employer or an association of self-insured public or private employers.

5.] :

(a) A certificate to act as a self-insured employer.

(b) A certificate to act as an association of self-insured public or private employers.

(c) A certificate of registration as a third-party administrator.

7. The commissioner may , without complying with the provisions of NRS 616.296 or 616.3798, withdraw the certification of a self-insured employer , [or an] association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer , [or] association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.

Sec. 15. 1. This section and sections 1 to 5, inclusive, 7 to 10, inclusive, and 14 of this act become effective on July 1, 1995.

2. Sections [6, 11, 12 and 13] 11 and 12 of this act become effective at 12:01 a.m. on July 1, 1995.

3. Sections 6, 13 and 14.5 of this act become effective at 12:02 a.m. on July 1, 1995.

2. Chapter 497, Statutes of Nevada 1995, at page 1645, is hereby amended by adding thereto a new section to be designated as section 14.5, immediately following section 14, to read as follows:

Sec. 14.5. Section 53 of chapter 580, Statutes of Nevada 1995, at page 2010, is hereby amended to read as follows:

Sec. 53. NRS 616.182 is hereby amended to read as follows:

616.182 1. Except as otherwise provided in this section, the division shall [regulate insurers under] :

(a) Certify or authorize whether an insurer meets the requirements of this chapter and chapter 617 of NRS to provide industrial insurance;

(b) Regulate insurers pursuant to this chapter and chapter 617 of NRS [and investigate] ;

(c) Investigate insurers regarding compliance with statutes and the division's regulations [.] ; and

(d) If necessary, suspend the certification or authorization of an insurer to provide industrial insurance.

2. The commissioner is responsible for reviewing rates, investigating the solvency of insurers , authorizing private carriers pursuant to chapter 680A of NRS and certifying [self-insured employers, associations of self-insured public or private employers and third-party administrators] :

(a) Self-insured employers pursuant to NRS 616.291 to 616.298, inclusive, and 616.338 [,] ;

(b) Associations of self-insured public or private employers pursuant to NRS 616.3791 to 616.37997, inclusive ; [,] and

(c) Third-party administrators pursuant to chapter 683A of NRS.

3. The department of administration is responsible for contested claims relating to [workers' compensation] industrial insurance pursuant to NRS 616.541 to 616.544, inclusive. The [system] administrator is responsible for administrative appeals pursuant to NRS 616.392.

4. The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive, and 616.647.

5. The division is responsible for the investigation of complaints. If a complaint is filed with the division, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the administrator determines that a violation may have occurred, the administrator shall proceed in accordance with the provisions of NRS 616.647 and section 3 of [this act.] chapter 497, Statutes of Nevada 1995.

Sec. 20 Sections 11, 15, 18, 22 and 25 of chapter 501, Statutes of Nevada 1995, at pages 1652, 1655 and 1658, are hereby amended to read respectively as follows:

Sec. 11. NRS 632.320 is hereby amended to read as follows:

632.320 The board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee [,] or holder of a certificate, upon determining that he:

1. Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

2. Is guilty of a felony or any offense [involving] :

(a) Involving moral turpitude [,] ; or

(b) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

in which case the record of conviction is conclusive evidence thereof.

3. Has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive.

4. Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

5. [Is habitually intemperate or is addicted to the use of any controlled substance.] Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his ability to conduct the practice authorized by his license or certificate.

6. Is mentally incompetent.

7. Is guilty of unprofessional conduct, which includes , but is not limited to , the following:

(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

(b) [Procuring, or aiding, abetting, attempting, agreeing or offering to procure or assist at, a criminal abortion.

(c)] Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license [.

(d)] or certificate.

(c) Impersonating another licensed practitioner [.

(e)] or holder of a certificate.

(d) Permitting or allowing another person to use his license or certificate [for the purpose of nursing the sick or afflicted.

(f)] to practice as a licensed practical nurse, registered nurse or nursing assistant.

(e) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.

(f) Physical, verbal or psychological abuse of a patient.

(g) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

8. Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

9. Is guilty of aiding or abetting [anyone] any person in a violation of this chapter.

10. Has falsified an entry on a patient's medical chart concerning a controlled substance.

11. Has falsified information which was given to a physician, pharmacist , podiatric physician or dentist to obtain a controlled substance.

12. Has [had] been disciplined in another state in connection with a license to practice nursing [suspended or revoked in another jurisdiction. A certified copy of the order of suspension or revocation is prima facie evidence of the suspension or revocation.] or a certificate to practice as a nursing assistant or has committed an act in another state which would constitute a violation of this chapter.

13. Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

14. Has willfully failed to comply with a regulation, subpoena or order of the board.

For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The board may take disciplinary action pending the appeal of a conviction and regardless of any other order entered pursuant to NRS 176.225 dismissing an indictment or information.

Sec. 15. NRS 632.3425 is hereby amended to read as follows:

632.3425 A suspended license or certificate is subject to expiration and must be renewed as provided in NRS 632.341 or 632.342. Renewal does not entitle the licensee or nursing assistant to engage in activity which requires licensure or certification until the completion of the suspension.

Sec. 18. NRS 632.400 is hereby amended to read as follows:

632.400 1. The board shall render a decision on any complaint within 60 days after the final hearing thereon. For the purposes of this subsection, the final hearing on a matter delegated to a hearing officer pursuant to NRS 632.355 is the final hearing conducted by the hearing officer unless the board conducts a hearing with regard to the complaint.

2. The board shall [give immediate notice in writing of the ruling or decision to:

(a) The applicant, licensee or holder of the certificate affected thereby.

(b) The party or parties by whom the complaint was made where the investigation or hearing was instituted by a complaint.

Written notice must be given by registered or certified mail addressed to the last known address of the applicant, licensee or holder of the certificate and party by whom the complaint was made.

3. If the ruling is to the prejudice of, or injuriously affects, the licensee or holder of the certificate, the board shall also state in the notice the date upon which the ruling or the decision becomes effective, which date must not be less than 30 days from and after the date of the notice.

4. The decision of the board does not take effect until 30 days after its date, and if notice of appeal and a demand for the transcript are served upon the board in accordance with the provisions of this chapter, then the stay remains in force and effect until the decision of the district court after hearing the appeal. If the aggrieved party fails to perfect his appeal, the stay automatically terminates.] notify the person of its decision in writing by certified mail, return receipt requested. The decision of the board becomes effective on the date the person receives the notice or on the date the board receives a notice from the United States Postal Service stating that the person refused to accept delivery or could not be located.

Sec. 22. 1. NRS 632.075, 632.260, [632.323,] 632.370 and 632.420 are hereby repealed.

2. NRS 632.323 is hereby repealed.

Sec. 25. Sections 11, 14 and 21 and subsection 2 of section 22 of this act become effective at 12:01 a.m. on October 1, 1995.

Sec. 21 1. Section 2 of chapter 502, Statutes of Nevada 1995, at page 1659, is hereby amended to read as follows:

Sec. 2. NRS 482.270 is hereby amended to read as follows:

482.270 1. Except as otherwise provided in NRS 482.3747, 482.3775, 482.379 or 482.384, section 1 of chapter 504, Statutes of Nevada 1995, section 1 of chapter 505, Statutes of Nevada 1995, section 1 of chapter 506, Statutes of Nevada 1995, or section 1 of this act, the director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.

2. The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

3. Every license plate must have displayed upon it:

(a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

(b) The name of the state, which may be abbreviated;

(d) If issued for a registration period other than a calendar year, the month and year the registration expires.

4. The letters I and Q must not be used in the designation.

5. Except as otherwise provided [by] in NRS 482.379, all letters and numbers must be of the same size.

2. Chapter 502, Statutes of Nevada 1995, at page 1660, is hereby amended by adding thereto new sections to be designated as sections 4 and 5, immediately following section 3, to read respectively as follows:

Sec. 4. Section 3 of chapter 504, Statutes of Nevada 1995, at page 1664, section 2 of chapter 505, Statutes of Nevada 1995, at page 1665, and section 2 of chapter 506, Statutes of Nevada 1995, at page 1668, are hereby repealed.

Sec. 5. This section and section 4 of this act become effective at 11:59 p.m. on September 30, 1995.

Sec. 22 Sections 5, 47 and 52 of chapter 510, Statutes of Nevada 1995, at pages 1675, 1689 and 1692, respectively, are hereby amended to read respectively as follows:

Sec. 5. 1. Except as otherwise provided in NRS 41.500, a person licensed pursuant to the provisions of this chapter shall not provide medical assistance, treatment or counsel to a human being. Such conduct is a ground for disciplinary action.

2. The board shall immediately suspend the license of a person who violates the provisions of this section.

3. Any person who violates the provisions of this section is guilty of a felony and shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

4. The board may report an alleged violation of this section to the attorney general or any district attorney. Upon receiving a report from the board, the attorney general or district attorney shall institute necessary proceedings in a court of competent jurisdiction against the person responsible for the alleged violation of this section.

Sec. 47. NRS 638.170 is hereby amended to read as follows:

638.170 1. Except as otherwise provided in subsections 2 and 3 [,] of this section and section 5 of this act, a person who violates any of the provisions of this chapter is guilty of a misdemeanor.

2. A person who practices veterinary medicine, without a license issued pursuant to the provisions of this chapter, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

3. A person who practices as [an animal] a veterinary technician, without a license issued pursuant to the provisions of this chapter, shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.

Sec. 52. 1. This section becomes effective upon passage and approval.

2. Sections 3, 13, 14, 19 and 23 of this act become effective upon passage and approval for the purpose of adopting regulations, and on January 1, 1996, for all other purposes.

3. Sections 1, 2, 4, 5 to 12, inclusive, 15 to 18, inclusive, 20, 21, 22 , [and] 24 to [51,] 46, inclusive, 49, 50 and 51 of this act become effective on July 1, 1995.

4. Section 47 of this act becomes effective at 12:01 a.m. on July 1, 1995.

Sec. 23 1. Section 36 of chapter 512, Statutes of Nevada 1995, at page 1705, is hereby amended to read as follows:

Sec. 36. Section 9 of this act is hereby amended to read as follows:

Sec. 9. 1. An applicant for a certificate of registration to practice interior design must be of good moral character and submit to the board:

(a) An application on a form provided by the board;

(b) The fees required pursuant to NRS 623.310;

(1) At least 5 years of education in a program of interior design or an equivalent number of credits and at least 1 year of experience in interior design; or

(2) At least 4 years of education in a program of interior design or an equivalent number of credits and at least 2 years of experience in interior design;

[(3) At least 3 years of education in a program of interior design or an equivalent number of credits and at least 3 years of experience in interior design;

(4) At least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in interior design; or

(5) At least 6 consecutive years of experience in the practice of interior design;] and

(d) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization.

2. Each program of interior design must be accredited by the Foundation for Interior Design Education Research or approved by the board.

3. The board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience and equivalent credits required pursuant to subsection 1 as those standards exist on the date of the adoption of the regulation.

4. Any application submitted to the board may be denied for any violation of the provisions of this chapter.

2. Chapter 512, Statutes of Nevada 1995, at page 1700, is hereby amended by adding thereto a new section to be designated as section 23.5, immediately following section 23, to read as follows:

Sec. 23.5. NRS 623.190 is hereby amended to read as follows:

623.190 1. Any person who is at least 21 years of age and of good moral character and who meets the requirements for education and practical training established by the board by regulation may apply to the board for registration under this section as an architect.

2. Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural program accredited by the National Architectural Accrediting Board, any program of architecture in the State of Nevada or any architectural program approved by the state board of architecture , interior design and residential design is considered equivalent to 1 year of experience in architectural work for the purpose of registration as an architect.

3. The board shall, by regulation, establish standards for examinations which must be consistent with standards employed by other states. The board may adopt the standards of the National Council of Architectural Registration Boards, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations must include tests in the technical and professional subjects as are prescribed by the board.

4. Any person who is at least 21 years of age and of good moral character and who has a total of 5 years of credit for education or practical training, or a combination thereof which is acceptable to the board, may apply to the board for registration as a residential designer. The board shall by regulation establish the amount of credit allowed for education, practical training or a combination thereof.

5. The board shall, by regulation, establish the standards for the examination to qualify as a residential designer, which may be required as part of the examination to be an architect. The examination must consist of at least:

(a) A written examination covering:

(1) Structural technology;

(2) Materials and methods of construction;

(3) Systems for environmental control; and

(4) Graphic design; and

(b) An oral interview of the applicant by the board upon the successful completion of the written portion of the examination.

6. Any application to the board may be denied for any violation of this chapter.

Sec. 24 Sections 9, 10, 18, 20 and 22 of chapter 516, Statutes of Nevada 1995, at pages 1715, 1716, 1720, 1722 and 1723, respectively, are hereby amended to read respectively as follows:

Sec. 9. NRS 433.554 is hereby amended to read as follows:

433.554 1. An employee of a public or private mental health facility or any other person, except a client, who:

(a) Has reason to believe that a client of the division or of a private facility offering mental health services has been or is being abused or neglected and fails to report it;

(b) Brings intoxicating beverages or a controlled substance into any division facility occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

(c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a lawfully issued prescription ; [issued by a physician, podiatric physician or dentist;]

(d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or

(e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor, in addition to any other penalties provided by law.

2. In addition to any other penalties provided by law, an employee of a public or private mental health facility or any other person, except a client, who willfully abuses or neglects a client:

(a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.

(b) If substantial bodily harm to the client results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

3. A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.

4. For the purposes of this section:

(a) "Abuse" means any willful and unjustified infliction of pain, injury or mental anguish upon a client, including, but not limited to:

(1) The rape, sexual assault or sexual exploitation of the client;

(2) Striking the client;

(3) Verbal intimidation or coercion of the client without a redeeming purpose;

(4) The use of excessive force when placing the client in physical restraints; and

(5) The use of physical or chemical restraints in violation of state or federal law.

Any act which meets the standard of practice for care and treatment does not constitute abuse.

(b) "Client" includes any person who seeks, on his own or others' initiative, and can benefit from care treatment and training in a public or private institution or facility offering mental health services. The term does not include a client of the division of child and family services of the department.

(c) "Neglect" means any omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to follow:

(1) An appropriate plan of treatment to which the client has consented; and

(2) The policies of the facility for the care and treatment of clients.

Any omission to act which meets the standard of practice for care and treatment does not constitute neglect.

(d) "Standard of practice" means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.

Sec. 10. NRS 433B.340 is hereby amended to read as follows:

433B.340 1. An employee of the division or other person who:

(a) Has reason to believe that a client has been or is being abused or neglected and fails to report it;

(b) Brings intoxicating beverages or a controlled substance into any building occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

(d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or

(e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor.

2. An employee of the division or other person who willfully abuses or neglects any client:

(a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.

4. For the purposes of this section:

(a) "Abuse" means any willful or reckless act or omission to act which causes physical or mental injury to a client, including, but not limited to:

(1) The rape, sexual assault or sexual exploitation of the client;

(2) Striking the client;

(3) The use of excessive force when placing the client in physical restraints; and

(4) The use of physical or chemical restraints in violation of state or federal law.

Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse.

(b) "Neglect" means any act or omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to:

(1) Establish or carry out an appropriate plan of treatment for the client;

(2) Provide the client with adequate nutrition, clothing or health care; and

(3) Provide a safe environment for the client.

Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect.

Sec. 18. NRS 453.375 is hereby amended to read as follows:

453.375 A controlled substance may be possessed and administered by the following persons:

1. A practitioner.

2. [A physician's assistant at the direction of his supervising physician.

3.] A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician's assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

[4.] 3. An advanced emergency medical technician:

(a) As authorized by regulation of:

(1) The state board of health in a county whose population is less than 100,000; or

(2) A county or district board of health in a county whose population is 100,000 or more; and

(b) In accordance with any applicable regulations of:

(1) The state board of health in a county whose population is less than 100,000;

(2) A county board of health in a county whose population is 100,000 or more; or

(3) A district board of health created pursuant to NRS 439.370 in any county.

[5.] 4. A respiratory therapist, at the direction of a physician [.

6.] or physician's assistant.

5. A medical student , student in training to become a physician's assistant or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician or physician's assistant and:

(a) In the presence of a physician , physician's assistant or a registered nurse; or

(b) Under the supervision of a physician , physician's assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician , physician's assistant or nurse.

A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

[7.] 6. An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

[8.] 7. Any person designated by the head of a correctional institution.

[9.] 8. A veterinary technician at the direction of his supervising veterinarian.

[10.] 9. In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

Sec. 20. NRS 453.381 is hereby amended to read as follows:

453.381 1. In addition to the limitations imposed by NRS 453.256, a physician, physician's assistant, dentist or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.

2. A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.

3. A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.

4. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician's assistant, dentist, podiatric physician or veterinarian.

5. Any person who has obtained from a physician, physician's assistant, dentist, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician's assistant, dentist, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.

6. A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.

7. A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

8. A person shall not dispense a controlled substance in violation of a regulation adopted by the board.

Sec. 22. NRS 453.411 is hereby amended to read as follows:

453.411 1. It is unlawful for a person knowingly to use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription . [issued to the person by a physician, podiatric physician or dentist.]

2. It is unlawful for a person knowingly to use or be under the influence of a controlled substance except when administered to the person at a rehabilitation clinic established or licensed by the health division of the department of human resources, or a hospital certified by the department.

3. Unless a greater penalty is provided in NRS 212.160, a person who violates this section shall be punished:

(a) If the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

(b) If the controlled substance is listed in schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

Sec. 25 Section 1 of chapter 517, Statutes of Nevada 1995, at page 1725, is hereby amended to read as follows:

Section 1. NRS 484.348 is hereby amended to read as follows:

484.348 1. [A] Except as otherwise provided in this section, the driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a signal to bring his vehicle to a stop is guilty of a misdemeanor.

2. The signal by the peace officer described in subsection 1 must be by flashing red lamp and siren.

3. Except [under the circumstances] as otherwise provided in subsection 2 of NRS 484.377, if [a violation of this section is the proximate cause of the death of or substantial bodily harm to a person other than himself,] , while violating the provisions of subsection 1, the driver of the motor vehicle:

(a) Is the proximate cause of the death of or bodily harm to any person other than himself or damage to the property of a person other than himself; or

(b) Operates the motor vehicle in a manner which endangers or is likely to endanger any person other than himself or the property of any person other than himself,

the driver 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, or by a fine of not more than $5,000, or by both fine and imprisonment.

Sec. 26 Section 9 of chapter 519, Statutes of Nevada 1995, at page 1733, is hereby amended to read as follows:

Sec. 9. NRS 333.020 is hereby amended to read as follows:

333.020 As used in this chapter, unless the context otherwise requires:

1. "Chief" means the chief of the purchasing division.

2. "Director" means the director of the department of administration.

3. "Proprietary information" means:

(a) Any trade secret or confidential business information that is contained in a bid submitted on a particular contract; or

(b) Any other trade secret or confidential business information submitted by a bidder and designated as proprietary by the chief.

As used in this subsection, "confidential business information" means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal. The term does not include the amount of a bid or proposal.

4. "Purchasing division" means the purchasing division of the department of administration.

[4.] 5. "Purchasing officer" means a person who is authorized by the chief or a using agency to participate in:

(a) The evaluation of bids or proposals for a contract;

(b) Any negotiations concerning a contract; or

(c) The development, review or approval of a contract.

6. "Request for a proposal" means a statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

[5.] 7. "Trade secret" has the meaning ascribed to it in NRS 600A.030.

8. "Using agencies" means all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources, except the Nevada rural housing authority, local governments as defined in NRS 354.474, conservation districts, irrigation districts, the state industrial insurance system and the University and Community College System of Nevada.

[6.] 9. "Volunteer fire department" means a volunteer fire department which pays premiums for industrial insurance pursuant to the provisions of chapter 616 of NRS.

Sec. 27 Section 1 of chapter 526, Statutes of Nevada 1995, at page 1746, is hereby amended to read as follows:

Section 1. NRS 686B.110 is hereby amended to read as follows:

686B.110 1. The commissioner shall consider each proposed increase or decrease in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to NRS 686B.070. If the commissioner finds that [the] a proposed increase will result in a rate which is not in compliance with NRS 686B.050, he shall disapprove the proposal. The commissioner shall approve or disapprove each proposal no later than 60 days after it is [filed with him.] determined by him to be complete pursuant to subsection 4. If the commissioner fails to approve or disapprove the proposal within that period, the proposal shall be deemed approved.

2. Whenever an insurer has no legally effective rates as a result of the commissioner's disapproval of rates or other act, the commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.

3. If the commissioner disapproves a proposed rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.175, inclusive. Any such hearing [may] must be held [before the date the rates are intended to become effective.] :

(a) Within 30 days after the request for a hearing has been submitted to the commissioner; or

(b) Within a period agreed upon by the insurer and the commissioner.

If the hearing is not held within the period specified in paragraph (a) or (b), or if the commissioner fails to issue an order concerning the proposed rate for which the hearing is held within 45 days after the hearing, the proposed rate shall be deemed approved.

4. The commissioner shall by regulation specify the documents or any other information which must be included in a proposal to increase or decrease a rate submitted to him pursuant to subsection 1. Each such proposal shall be deemed complete upon its filing with the commissioner, unless the commissioner, within 15 business days after the proposal is filed with him, determines that the proposal is incomplete because the proposal does not comply with the regulations adopted by him pursuant to this subsection.

Sec. 28 1. Section 105 of chapter 527, Statutes of Nevada 1995, at page 1784, is hereby amended to read as follows:

Sec. 105. 1. This section and [sections] section 104.5 of this act become effective at 11:59 p.m. on September 30, 1995.

2. Sections 1 to 13, inclusive, 28 to 62, inclusive, and 64 to 104, inclusive, of this act become effective on October 1, 1995.

[2.] 3. Sections 14 to 27, inclusive, and section 63 of this act become effective on October 1, 1995, for the adoption of regulations by the commissioner of insurance and on April 1, 1996, for all other purposes.

2. Chapter 527, Statutes of Nevada 1995, at page 1784, is hereby amended by adding thereto a new section to be designated as section 104.5, immediately following section 104, to read as follows:

Sec. 104.5. Section 53 of chapter 496, Statutes of Nevada 1995, at page 1633, is hereby repealed.

Sec. 29 1. Section 1 of chapter 534, Statutes of Nevada 1995, at page 1798, is hereby amended to read as follows:

Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections [2] 1.5 to 8, inclusive, of this act.

2. Chapter 534, Statutes of Nevada 1995, at page 1798, is hereby amended by adding thereto a new section to be designated as section 1.5, immediately following section 1, to read as follows:

Sec. 1.5. As used in NRS 463.401 to 463.406, inclusive, this section and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 30 1. Sections 4, 7 and 9 of chapter 535, Statutes of Nevada 1995, at pages 1801 and 1802, are hereby amended to read respectively as follows:

Sec. 4. NRS 97.015 is hereby amended to read as follows:

97.015 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 97.025 to 97.145, inclusive, and sections 1.5 and 2 of this act, have the meanings ascribed to them in those sections.

Sec. 7. NRS 97.095 is hereby amended to read as follows:

97.095 "Retail charge agreement," ["revolving charge agreement" or "charge agreement"] means an agreement entered into or performed in this state prescribing the terms of retail installment transactions in which the buyer may pay, in installments, to a retail seller, the unpaid balance due in a retail installment transaction, whether or not a security interest in the goods sold is retained by the seller, and under the terms of which [interest] a finance charge is to be computed in relation to the buyer's unpaid balance from time to time.

Sec. 9. NRS 97.125 is hereby amended to read as follows:

97.125 "Retail seller" or "seller" means [a] :

1. A person engaged in the business of selling or leasing goods or services to retail buyers [.] or a licensee, franchisee, assignee or corporate affiliate or subsidiary of such a person; or

2. A person, other than a financial institution, who enters into agreements prescribing the terms for the extension of credit pursuant to which the person may, with the buyer's consent, purchase or acquire one or more obligations of the buyer to a retail seller if the purchase, lease, loan or other obligation to be paid in accordance with the agreement is evidenced by a sales slip or memorandum.

2. Chapter 535, Statutes of Nevada 1995, at page 1807, is hereby amended by adding thereto a new section to be designated as section 21, immediately following section 20, to read as follows:

Sec. 21. Sections 4, 7 and 9 of this act become effective at 12:01 a.m. on October 1, 1995.

Sec. 31 1. Sections 7, 9 and 17 of chapter 537, Statutes of Nevada 1995, at pages 1811, 1812 and 1818, respectively, are hereby amended to read respectively as follows:

Sec. 7. NRS 350.001 is hereby amended to read as follows:

350.001 As used in NRS 350.002 to 350.006, inclusive, unless the context otherwise requires:

1. "Commission" means a debt management commission created pursuant to NRS 350.002.

2. "General obligation debt" means debt which is legally payable from general revenues, as a primary or secondary source of repayment, and is backed by the full faith and credit of a governmental entity. The term [:

(a) Includes:

(1) Debt] includes debt represented by local government securities issued pursuant to this chapter [; and

(2) Debt created for short-term financing pursuant to NRS 354.430 to 354.460, inclusive, if the debt is payable from a special tax which is exempt from the limitation on taxes ad valorem pursuant to subsection 3 of NRS 354.430.

(b) Except as otherwise provided in subparagraph (2) of paragraph (a), does not include] except debt created for [short-term financing pursuant to NRS 354.430 to 354.460, inclusive.] medium-term obligations pursuant to sections 3 to 6, inclusive, of this act.

3. "Special elective tax" means a tax imposed pursuant to NRS 354.59817, 354.5982, 387.197, 387.3285 or 387.3287.

Sec. 9. NRS 350.020 is hereby amended to read as follows:

350.020 1. Except as otherwise permitted by subsection 3, when any municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next primary or general municipal election or primary or general state election.

2. A special election may be held only if the governing body of the municipality determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body's determination is final. As used in this subsection, "emergency" means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

3. If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 60 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

4. A municipality may issue special or medium-term obligations without an election.

Sec. 17. NRS 354.59811 is hereby amended to read as follows:

354.59811 Except as otherwise provided in NRS 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, [354.618,] 450.425 and 543.600 , [and] section 4 of chapter 550, Statutes of Nevada 1995, and section 2 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or [short-term] medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

1. The rate must be set so that when applied to the current fiscal year's assessed valuation of all property which was on the preceding fiscal year's assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area or tax increment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

2. Chapter 537, Statutes of Nevada 1995, at page 1813, is hereby amended by adding thereto new sections to be designated as sections 9.3 and 9.5, immediately following section 9, to read respectively as follows:

Sec. 9.3. NRS 350.516 is hereby amended to read as follows:

350.516 "Cost of any project," or any phrase of similar import, means all or any part designated by the governing body of the cost of any project, or interest therein, which cost, at the option of the governing body, may include all or any part of the incidental costs pertaining to the project, including, without limitation:

1. Preliminary expenses advanced by the municipality from money available for use therefor, or advanced by the Federal Government, or from any other source, with the approval of the governing body or any board or other agency of the municipality responsible for the project or defraying the cost thereof, or any combination thereof;

2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;

3. The costs of premiums on builders' risk insurance and performance bonds, or a reasonably allocable share thereof;

4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help or other agents or employees;

5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;

6. The costs of contingencies;

7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the governing body to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;

8. The costs of amending any ordinance, resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the municipality;

9. The costs of funding any [short-term financing,] medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to a project and of the incidental expenses incurred in connection with such loans;

10. The costs of any properties, rights, easements or other interests in properties, or any licenses, privileges, agreements, and franchises;

11. The costs of demolishing, removing or relocating any buildings, structures or other facilities on land acquired for any project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; and

12. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the governing body.

Sec. 9.5. NRS 350.572 is hereby amended to read as follows:

350.572 The municipality may issue, in one series or more, without the municipal securities being authorized at any election in the absence of an expressed provision to the contrary in the act authorizing the project and the issuance of municipal securities therefor or in any act supplemental thereto, in anticipation of taxes or pledged revenues, or both, and constituting either general obligations or special obligations of the municipality, any one or more or all of the following types of municipal securities:

1. Notes, evidencing any amount borrowed by the municipality;

2. Warrants, evidencing the amount due to any person for any services or supplies, equipment or other materials furnished to or for the benefit of the municipality and appertaining to a project;

3. Bonds, evidencing any amount borrowed by the municipality and constituting long-term financing;

4. Temporary bonds, pending the preparation of and exchangeable for definitive bonds of like character and in like principal amount when prepared and issued in compliance with the conditions and limitations herein provided; and

5. Interim debentures, evidencing any [short-term financing,] medium-term obligations, construction loans, and other temporary loans of not exceeding 10 years, in supplementation of long-term financing and the issuance of bonds, as provided in NRS 350.672 to 350.682, inclusive.

3. Chapter 537, Statutes of Nevada 1995, at page 1813, is hereby amended by adding thereto a new section to be designated as section 10.5, immediately following section 10, to read as follows:

Sec. 10.5. NRS 350A.040 is hereby amended to read as follows:

350A.040 "Cost of a lending project" means all or any designated part of the cost of any lending project, including any incidental cost pertaining to such a project. The cost of a lending project may include, without limitation, the costs of:

1. Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations.

2. Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees.

3. Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks.

4. Establishment of a reserve for contingencies.

5. Interest on state securities for any time which does not exceed 3 years, discounts on such state securities, reserves for the payment of the principal of and interest on such securities, replacement expenses and other costs of issuing such securities.

6. Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, state securities for any lending project.

7. Funding [short-term financing.] medium-term obligations.

8. Financing the issuance of state securities and any other expenses necessary in connection with a lending project, as determined by the board.

4. Chapter 537, Statutes of Nevada 1995, at page 1818, is hereby amended by adding thereto a new section to be designated as section 15.5, immediately following section 15, to read as follows:

Sec. 15.5. NRS 318.275 is hereby amended to read as follows:

318.275 1. Upon the conditions and under the circumstances set forth in this chapter, a district may borrow money and issue the following securities to evidence such borrowing:

(a) Short-term notes, warrants and interim debentures.

(b) General obligation bonds.

(d) Special assessment bonds.

2. The board of trustees of a district whose population within its boundaries is less than 5,000, shall not borrow money or issue securities to evidence such borrowing unless the board has obtained the approval of the debt management commission of the county in which the district is located.

3. The board of trustees of a district whose population within its boundaries is less than 5,000, shall not forward a resolution authorizing [short-term financing] medium-term obligations to the executive director of the department of taxation unless such financing is approved by the commission.

5. Chapter 537, Statutes of Nevada 1995, at page 1820, is hereby amended by adding thereto new sections to be designated as sections 18.3 and 18.5, immediately following section 18, to read respectively as follows:

Sec. 18.3. NRS 354.59817 is hereby amended to read as follows:

354.59817 1. In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners may levy a tax ad valorem on all taxable property in the county at a rate not to exceed 15 cents per $100 of the assessed valuation of the county. A tax must not be levied pursuant to this section for more than 10 years.

2. The board of county commissioners shall direct the county treasurer to distribute quarterly the proceeds of any tax levied pursuant to the provisions of this section among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 fiscal year bears to the sum of the supplemental city-county relief tax distribution factors of all of the local governments in the county for the 1990-1991 fiscal year.

3. The board of county commissioners shall not reduce the rate of any tax levied pursuant to the provisions of this section without the approval of each of the local governments that receives a portion of the tax, except that, if a local government declines to receive its portion of the tax in a particular year the levy may be reduced by the amount that local government would have received.

4. The governing body of each local government that receives a portion of the revenue from the tax levied pursuant to this section shall establish a separate fund for capital projects for the purposes set forth in this section. All interest and income earned on the money in the fund must also be deposited in the fund. The money in the fund may only be used for:

(a) The purchase of capital assets including land, improvements to land and major items of equipment;

(b) The construction or replacement of public works; and

The money in the fund must not be used to finance the issuance or the repayment of bonds or other obligations, including [short-term financing.] medium-term obligations.

5. Money may be retained in the fund for not more than 10 years to allow the funding of projects without the issuance of bonds or other obligations. For the purpose of determining the length of time a deposit of money has been retained in the fund, all money withdrawn from the fund shall be deemed to be taken on a first-in, first-out basis. No money in the fund at the end of the fiscal year may revert to any other fund, nor may the money be a surplus for any other purpose than those specified in this section.

6. The annual budget and audit report of each local government must specifically identify this fund and must indicate in detail the projects that have been funded with money from the fund. Any planned accumulation of the money in the fund must also be specifically identified.

7. The projects on which money raised pursuant to this section will be expended must be approved by the voters in the question submitted pursuant to subsection 1 or in a separate question submitted on the ballot at a primary, general or special election.

Sec. 18.5. NRS 354.602 is hereby amended to read as follows:

354.602 1. Within 45 days after September 30, December 31 and March 31 and within 5 months, or in the case of a school district 4 months, after June 30 of each year, the governing board of each local government shall cause to be published a report in the form prescribed by the department of taxation showing, for each item of detailed estimate required by NRS 354.600, the amount estimated and the amount actually received or expended. Any approved budget augmentation or [short-term financing] medium-term obligations received must be included and briefly explained in a footnote. A copy of the report must be filed immediately:

(a) With the department of taxation;

(b) In the case of school districts, with the state department of education;

(c) With any employee organization upon the written request of the employee organization recognized by the local government; and

(d) In the office of the clerk or secretary of the governing body, as a public record available for inspection by any interested person.

2. The governing board of each local government employer shall also supply, upon request by any organization entitled to request a report pursuant to paragraph (c) of subsection 1, a copy of each preliminary budget report or other fiscal report pertaining to the financial status of the local government, as those reports are prepared for use and consideration by the local government in the preparation of the budget or its amendments. The contents of those reports shall be superseded as to the period covered by any final budget or amendment thereof.

6. Chapter 537, Statutes of Nevada 1995, at page 1827, is hereby amended by adding thereto a new section to be designated as section 22.5, immediately following section 22, to read as follows:

Sec. 22.5. NRS 387.1245 is hereby amended to read as follows:

387.1245 1. The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS are less than the total estimated receipts from these sources in the final approved budget for the fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school account in the state general fund.

2. The application must be made to the state board of education in the form prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.

3. Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school account in the state general fund and the total amount of money estimated to be payable from that fund during the biennium, and shall make no distribution in excess of that difference.

4. The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making this determination, the state board of education shall consider also the amount available in the state distributive school account in the state general fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief. Any money allocated by the state board of education under this section may not exceed, when added to all other estimated resources, the total estimated receipts in the final approved budget of the applying school district for the fiscal year.

5. If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding the amount to the state board of examiners, along with a report of its then current estimate of the total requirements to be paid from the state distributive school account in the state general fund during the then current fiscal year.

6. The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request. Any emergency assistance granted by the state board of examiners may not exceed, when added to all other estimated resources, the total estimated receipts in the final approved budget of the applying school district for the fiscal year.

7. The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. A claim pursuant to a grant of emergency assistance must be paid from the state distributive school account in the state general fund as other claims against the state are paid.

8. Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of that school district for the fiscal year for which the grant is made. No formal action to incorporate the money so received in the approved budget is required, but the receipts must be reported as other receipts are reported and explained in a footnote as [short-term financing is] medium-term obligations are explained.

9. The state board of education shall transmit to the legislature a report of each grant of emergency assistance paid pursuant to this section.

7. Chapter 537, Statutes of Nevada 1995, at page 1827, is hereby amended by adding thereto new sections to be designated as sections 23.3 and 23.5, immediately following section 23, to read respectively as follows:

Sec. 23.3. NRS 396.816 is hereby amended to read as follows:

396.816 "Cost of any project," or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, which cost at the option of the board may include all or any part of the incidental costs pertaining to the project, including, without limitation:

1. Preliminary expenses advanced by the university or the board from funds available for use therefor, or advanced by this state, the Federal Government, or from any other source, with the approval of the board, or any combination thereof;

2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;

3. The costs of premiums on builders' risk insurance and performance bonds, or a reasonably allocable share thereof;

4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help, or other agents or employees;

6. The costs of contingencies;

7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the board to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;

8. The costs of amending any resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the university or the board;

9. The costs of funding any [short-term financing,] medium-term obligations, construction loans and other temporary loans of not exceeding 5 years appertaining to a project and of the incidental expenses incurred in connection with such loans; and

10. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the board.

Sec. 23.5. NRS 428.050 is hereby amended to read as follows:

428.050 1. In addition to the tax levied pursuant to NRS 428.185 and 428.285 and any tax levied pursuant to NRS 450.425, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax to provide aid and relief to those persons coming within the purview of this chapter. In a county whose population is 400,000 or more, this levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 12.3 cents for each $100 of assessed valuation. In a county whose population is less than 400,000 the rate of the tax must be calculated to produce not more than the amount of money allocated pursuant to NRS 428.295.

2. The board of county commissioners of any county in which there was no levy adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, may request that the Nevada tax commission establish a maximum rate for the levy of taxes ad valorem by the county to provide aid and relief pursuant to this chapter.

3. No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 of this section and NRS 428.185, 428.285 and 450.425, or established pursuant to subsection 2, together with such outside resources as it may receive from third persons, including, but not limited to, expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.

4. Except as otherwise provided in this subsection, no interfund transfer, [short-term financing] medium-term obligation procedure or contingency transfer may be made by the board of county commissioners to provide resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1, 2 and 3 of this section and NRS 428.185, 428.285 and 450.425. If the health of indigent persons in the county is placed in jeopardy and there is a lack of money to provide necessary medical care under this chapter, the board of county commissioners may declare an emergency and provide additional money for medical care from whatever sources may be available.

8. Chapter 537, Statutes of Nevada 1995, at page 1829, is hereby amended by adding thereto new sections to be designated as sections 28.1 to 28.4, inclusive, immediately following section 28, to read respectively as follows:

Sec. 28.1. Section 1 of chapter 167, Statutes of Nevada 1947, at page 553, as last amended by chapter 482, Statutes of Nevada 1981, at page 978, is hereby amended to read as follows:

Section 1. The Las Vegas Valley water district heretofore created in the Las Vegas valley, has the following objects and purposes:

1. To have perpetual succession.

2. To sue and be sued in the name of said district in all actions and proceedings in all courts and tribunals of competent jurisdiction.

3. To adopt a seal and alter it at pleasure.

4. To take by grant, purchase, gift, devise, or lease, or otherwise, and to hold, use, enjoy, and to lease, or dispose of real or personal property of every kind within or without the district necessary or convenient to the full exercise of its power.

5. To acquire, by purchase, lease, construction, or otherwise, or contract to acquire, lands, rights of way, easements, privileges, and property of every kind, whether real or personal, and to construct, maintain, and operate any and all works or improvements within or without the district necessary or proper to carry out any of the objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements or property acquired by it as authorized by this act.

6. To store water in surface or underground reservoirs within the district for the common benefit of the district; to conserve and reclaim water for present and future use within the district; to appropriate and acquire water and water rights, and import water into the district, and to conserve same within the district, for any useful purpose to the district; to commence, maintain, intervene in, and compromise in the name of the district, or otherwise, and to assume the costs and expenses of any action or proceeding involving or affecting the ownership or use of waters or water rights within the district used or useful for any purpose of the district or of common benefit to any land situated therein, or involving the wasteful use of water therein; to commence, maintain, intervene in, defend, and compromise, and to assume the cost and expenses of, any and all actions and proceedings now or hereafter begun; to prevent interference with or diminution of; to prevent contamination, pollution or otherwise rendering unfit for beneficial use of the surface or subsurface water used in said district, and to commence, maintain, and defend actions and proceedings to prevent any such interference with the aforesaid waters as may endanger or damage the inhabitants, lands or use of water in the district.

7. To have and exercise in the State of Nevada the right of eminent domain, either within or without said district, and in the manner provided by law for the condemnation of private property for public use, to take any property necessary to carry out any of the objects or purposes of this act, whether such property be already devoted to the same use by any district or other public corporation or agency or otherwise, and to condemn any existing works or improvements in said district now or hereafter used. The power of eminent domain vested in the board of directors of said district shall include the power to condemn, in the name of the district, either the fee simple or any lesser estate or interest in any real property which said board by resolution shall determine is necessary for carrying out the purposes of this act. Such resolution shall be prima facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.

8. To enter upon any land, to make surveys and locate the necessary works of improvement and the lines for channels, conduits, canals, pipelines, roadways, and other rights of way; to acquire by purchase, lease, contract, condemnation, gift, or other legal means, all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair, and improvement of said works, including works constructed and being constructed by private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances, and also where necessary or convenient to said end, and for said purposes and uses, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights; to enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might be lawfully acquired or owned by said water district; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such district, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said district, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said district by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.

9. To carry on technical and other investigations of all kinds, make measurements, collect data, and make analyses, studies, and inspections pertaining to water supply, water rights, control of floods and use of water, both within and without said district, and for this purpose said district shall have the right of access through its authorized representative to all lands and premises within said district.

10. To incur indebtedness and to issue bonds in the manner provided by chapters 271 and 350 of NRS, and for [short-term financing] medium-term obligations by chapter [354] 350 of NRS.

11. To cause taxes to be levied and collected for the purpose of paying any obligation of the district during its organizational state, including necessary engineering costs and further to assist in the operational expenses of said district until such taxes are no longer required therefor.

12. To supplement the ground-water resources of Las Vegas valley by the importation and use of the waters of Lake Mead, under the Nevada allocation, for industrial, irrigation, municipal, and domestic uses.

13. To make contracts, and to employ labor, and to do all acts necessary for the full exercise of all powers vested in said district, or any of the officers thereof, by this act.

14. To supply water under contract, agreement, or in other legal manner to the United States of America, or any department thereof, the State of Nevada, Clark County, and any city, town, corporation, individual, association, or partnership situated within Clark County, Nevada, for an appropriate charge, consideration, or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.

15. To have the right to provide from revenues or other available funds an adequate depreciation fund for the replacement of parts of the works and properties of the district.

16. To create assessment districts for the purpose of acquiring water projects.

17. To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grants-in-aid or any other form in connection with any of the functions of the water district.

Sec. 28.2. Section 3 of chapter 100, Statutes of Nevada 1993, at page 160, as amended by chapter 266, Statutes of Nevada 1995, at page 440, is hereby amended to read as follows:

Sec. 3. The district has the following powers:

1. To have perpetual succession.

2. To sue and be sued in the name of the district in all courts or tribunals of competent jurisdiction.

3. To adopt a seal and alter it at the district's pleasure.

4. To enter into contracts, and employ and fix the compensation of staff and professional advisers.

5. To incur indebtedness pursuant to chapter 271 of NRS, issue bonds pursuant to chapter 350 of NRS and provide for [short-term financing] medium-term obligations pursuant to chapter [354] 350 of NRS to pay, in whole or in part, the costs of acquiring, constructing and operating any lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water, and otherwise to carry out the powers set forth in this section. For the purposes of NRS 350.572, sections 1 to 15, inclusive, of this act do not expressly or impliedly require an election before the issuance of a security or indebtedness pursuant to NRS 350.500 to 350.572, inclusive, if the obligation is payable solely from pledged revenues, but an election must be held before incurring a general obligation.

6. To acquire, by purchase, grant, gift, devise, lease, construction, contract or otherwise, lands, rights of way, easements, privileges, water and water rights, and property of every kind, whether real or personal, to construct, maintain and operate, within or without the district, any and all works and improvements necessary or proper to carry out any of the objects or purposes of sections 1 to 15, inclusive, of this act, and to complete, extend, add to, repair or otherwise improve any works, improvements or property acquired by it as authorized by sections 1 to 15, inclusive, of this act.

7. To sell, lease, encumber, hypothecate or otherwise dispose of property, whether real or personal, including water and water rights, as is necessary or convenient to the full exercise of the district's powers.

8. To adopt ordinances, rules, regulations and bylaws necessary for the exercise of the powers and conduct of the affairs of the board and district.

9. Except as otherwise provided in this subsection, to exercise the power of eminent domain in the manner prescribed by law, within or without the service area of the district, to take any property, including, without limitation, the property specified in subsections 6 and 15, necessary or convenient for the exercise of the powers of the district or for the provision of adequate water service to the service area. The district shall not exercise the power of eminent domain to acquire the water rights or waterworks facilities of any nonprofit purveyor delivering water for domestic use whose service area is adjacent to the district without first obtaining the consent of the purveyor.

10. To enter upon any land, to make surveys and locate any necessary improvements, including, without limitation, lines for channels, conduits, canals, pipelines, roadways and other rights of way, to acquire property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of such improvements, including works constructed and being constructed by private owners, lands for reservoirs for the storage of necessary water, and all necessary appurtenances, and, where necessary and for the purposes and uses set forth in this section, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions or other rights.

11. To enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county or district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair or operation of any rights, works or other property of a kind which may be lawfully acquired or owned by the district.

12. To acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district, and to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch or conduit of the district.

13. To enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the transfer or delivery to any district, corporation, association, firm or natural person of any water right or water pumped, stored, appropriated or otherwise acquired or secured for the use of the district, or for the purpose of exchanging the water or water right for any other water, water right or water supply to be delivered to the district by the other party to the agreement.

14. To cooperate and act in conjunction with the State of Nevada or any of its engineers, officers, boards, commissions, departments or agencies, with the government of the United States or any of its engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation, to construct any work for the development, importation or distribution of water of the district, for the protection of life or property therein, or for the conservation of its water for beneficial use within the district, or to carry out any other works, acts or purposes provided for in sections 1 to 15, inclusive, of this act, and to adopt and carry out any definite plan or system of work for any of the purposes described in sections 1 to 15, inclusive, of this act.

15. To store water in surface or underground reservoirs within or without the district for the common benefit of the district, to conserve and reclaim water for present and future use within the district, to appropriate and acquire water and water rights and import water into the district for any useful purpose to the district, and to commence, maintain, intervene in and compromise in the name of the district, or otherwise, and assume the costs and expenses of any action or proceeding involving or affecting:

(a) The ownership or use of water or water rights within or without the district used or useful for any purpose of the district or of common benefit to any land situated therein;

(b) The wasteful use of water within the district;

(d) The contamination or pollution of the surface or subsurface water used in the district or any other act that otherwise renders such water unfit for beneficial use; and

(e) The interference with this water that may endanger or damage the residents, lands or use of water in the district.

16. To sell and distribute water under the control of the district, without preference, to any natural person, firm, corporation, association, district, agency or inhabitant, public or private, for use within the service area, to fix, establish and adjust rates, classes of rates, terms and conditions for the sale and use of such water, and to sell water for use outside the service area upon a finding by the board that there is a surplus of water above that amount required to serve customers within the service area.

17. To cause taxes to be levied and collected for the purposes prescribed in sections 1 to 15, inclusive, of this act, including the payment of any obligation of the district during its organizational state and thereafter, and necessary engineering costs, and to assist in the operational expenses of the district, until such taxes are no longer required.

18. To supplement the surface and ground-water resources of Virgin Valley by the importation and use of water from other sources for industrial, irrigation, municipal and domestic uses.

19. To restrict the use of district water during any emergency caused by drought or other threatened or existing water shortage, and to prohibit the waste of district water at any time through the adoption of ordinances, rules or regulations and the imposition of fines for violations of those ordinances, rules and regulations.

20. To annex area into the district in the manner prescribed for cities in chapter 268 of NRS.

21. To supply water under contract or agreement, or in any other manner, to the United States or any department or agency thereof, the State of Nevada, Clark County, Nevada, and any city, town, corporation, association, partnership or natural person situated in Clark County, Nevada, and to deliver water to those users in Mohave County, Arizona, who are located in the Virgin Valley in accordance with the provisions of NRS 533.515 and 533.520, for an appropriate charge, consideration or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.

22. To create assessment districts to extend mains, improve distribution systems and acquire presently operating private water companies and mutual water distribution systems.

23. To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grants-in-aid or any other form in connection with any of the functions of the district.

24. To assume the obligations of the Bunkerville Water Users' Association, a nonprofit corporation, in providing water service to users in the district's service area.

25. To assume the obligations of the Mesquite Farmstead Water Association, a nonprofit corporation, in providing water service to users in the district's service area and in its certificated service area in Mohave County, Arizona, pursuant to the certificate of public convenience and necessity granted to the Mesquite Farmstead Water Association by the State of Arizona.

26. To conduct business in Mohave County, Arizona, upon qualifying to do so pursuant to the laws of that state.

27. To do all acts and things reasonably implied from and necessary for the full exercise of all powers of the district granted by sections 1 to 15, inclusive, of this act.

Sec. 28.3. Section 20 of chapter 458, Statutes of Nevada 1983, at page 1213, as amended by chapter 230, Statutes of Nevada 1991, at page 510, is hereby amended to read as follows:

Sec. 20. 1. The authority, upon the affirmative vote of five trustees and with the approval of the board of county commissioners of Lander County, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues, and to issue warrants and interim debentures to evidence the amount so borrowed.

2. The authority may enter into [short-term financing] medium-term obligations in compliance with [NRS 354.430 to 354.460, inclusive, and 354.618.] sections 2 to 6, inclusive, of this act. The authority is not required to obtain the approval of the board of county commissioners of Lander County if the outstanding principal amount of the financing is $400,000 or less. The authority may enter into [short-term financing] medium-term obligations in an amount in excess of $400,000 if the authority obtains the approval of the board of county commissioners of Lander County.

Sec. 28.4. Section 20 of chapter 474, Statutes of Nevada 1977, at page 973, as last amended by chapter 494, Statutes of Nevada 1985, at page 1512, is hereby amended to read as follows:

Sec. 20. The authority may enter into [short-term financing] medium-term obligations in compliance with [NRS 354.430 to 354.460, inclusive, and 354.618.] sections 2 to 6, inclusive, of this act.

Sec. 32 1. Sections 8 and 16 of chapter 541, Statutes of Nevada 1995, at pages 1862 and 1866, respectively, are hereby amended to read respectively as follows:

Sec. 8. NRS 482.215 is hereby amended to read as follows:

482.215 1. All applications for registration, except applications for renewal of registration, must be made as provided in this section.

2. Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department [.] or to a registered dealer.

3. Each application must be made upon the appropriate form furnished by the department and contain:

(a) The signature of the owner.

(b) His residential address.

(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.

(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.

(e) Proof satisfactory to the department or registered dealer that the applicant has provided the insurance required by NRS 485.185 and his signed declaration that he will maintain the insurance during the period of registration.

(f) If the insurance is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:

(1) A certificate of insurance on a form approved by the commissioner of insurance; or

(2) A card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185.

The department may file that evidence, return it to the applicant or otherwise dispose of it.

(g) If required, evidence of the applicant's compliance with controls over emission.

4. The application must contain such other information as is required by the department [,] or registered dealer, and must be accompanied by proof of ownership satisfactory to the department.

5. For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:

(a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

(b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

(c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.

(d) A person who qualifies for an operator's policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.

Sec. 16. [Section]

1. This section and section 15.5 of this act become effective at 11:59 p.m. on September 30, 1995.

2. Sections 8 and 15 of this act [becomes] become effective at 12:01 a.m. on October 1, 1995.

2. Chapter 541, Statutes of Nevada 1995, at page 1866, is hereby amended by adding thereto a new section to be designated as section 15.5, immediately following section 15, to read as follows:

Sec. 15.5. Section 2 of chapter 504, Statutes of Nevada 1995, at page 1663, is hereby repealed.

Sec. 33 1. Sections 7 and 9 of chapter 544, Statutes of Nevada 1995, at pages 1873 and 1874, respectively, are hereby amended to read respectively as follows:

Sec. 7. NRS 616.630 is hereby amended to read as follows:

616.630 1. If the manager finds that an employer within the provisions of NRS 616.285 [has] :

(a) Has failed to provide and secure compensation as required by the terms of this chapter [,] ; or

(b) Has provided and secured such compensation but has failed to maintain that compensation,

he shall make a determination thereon and may charge the employer an amount [equal to] of not more than three times the premiums that would otherwise have been owed to the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing , [or] securing or maintaining that compensation, but not to exceed 6 years.

2. The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager's determination may appeal from the determination pursuant to subsection 2 of NRS 616.635.

3. Any employer within the provisions of NRS 616.285 who fails to provide , [and] secure or maintain compensation as required by the terms of this chapter, is:

(a) For the first offense, guilty of a gross misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a [gross misdemeanor.] felony, punishable by imprisonment in the state prison for a definite term of not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

Sec. 9. NRS 616.675 is hereby amended to read as follows:

616.675 Unless a different penalty is provided pursuant to NRS 616.678 to 616.683, inclusive, a person who knowingly makes a false statement or representation , including, but not limited to, a false statement or representation relating to his identity or the identity of another person, or who knowingly conceals a material fact to obtain or attempt to obtain any benefit, including a controlled substance, or payment under the provisions of this chapter, either for himself or for any other person, shall be punished as follows:

1. If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor.

2. If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, for a category D felony as provided in NRS 193.130.

In addition to any other penalty, the court shall order the person to pay restitution.

2. Chapter 544, Statutes of Nevada 1995, at page 1881, is hereby amended by adding thereto a new section to be designated as section 18.5, immediately following section 18, to read as follows:

Sec. 18.5. Section 104 of chapter 580, Statutes of Nevada 1995, at page 2032, is hereby amended to read as follows:

Sec. 104. NRS 616.630 is hereby amended to read as follows:

616.630 1. If the [manager] administrator finds that an employer within the provisions of NRS 616.285:

(a) Has failed to provide and secure compensation as required by the terms of this chapter; or

(b) Has provided and secured such compensation but has failed to maintain that compensation,

he shall make a determination thereon based on any information that is within his possession or that may come within his possession and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system if he had been insured by the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years. Any money collected by the administrator pursuant to this subsection must be deposited into the uninsured employers' claim fund.

2. [The manager shall mail a copy of his determination to the employer.] If the manager is not satisfied with the amount of a premium required to be paid to the system by any person, he may compute and determine the amount required to be paid on the basis of any information within his possession or which may come into his possession. One or more determinations of a deficiency may be made of the amount due for one or more periods.

3. Except for a determination made pursuant to subsection 1, a notice of a determination of a deficiency issued by the manager must be served personally or mailed within 3 years after the last day of the calendar month following the period for which the amount that is proposed to be determined is due. An employer who is aggrieved by [the manager's] a determination made pursuant to this section or NRS 360.300 may appeal from the determination pursuant to subsection 2 of NRS 616.635.

[3.] 4. Any employer within the provisions of NRS 616.285 who fails to provide, secure or maintain compensation as required by the terms of this chapter, is:

(a) For the first offense, guilty of a gross misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a felony, punishable by imprisonment in the state prison for a definite term of not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

Sec. 34 1. Chapter 550, Statutes of Nevada 1995, at page 1899, is hereby amended by adding thereto new sections to be designated as sections 11.3 and 11.5, immediately following section 11, to read respectively as follows:

Sec. 11.3. NRS 450.090 is hereby amended to read as follows:

450.090 1. In any county whose population is 400,000 or more, the board of county commissioners is, ex officio, the board of hospital trustees, and the county commissioners shall serve as hospital trustees during their terms of office as county commissioners.

2. In any county whose population is less than 400,000, the board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees. If such an ordinance is enacted in a county:

(a) The county commissioners shall serve as hospital trustees during their terms of office as county commissioners; and

(b) If hospital trustees have been elected pursuant to NRS 450.070 and 450.080, the term of office of each hospital trustee who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.

3. A board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:

(a) The county has fully funded its indigent care account created pursuant to NRS 428.010;

(b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and

(1) At least one of the hospital's accounts payable was more than 90 days in arrears;

(2) The hospital failed to fulfill its statutory financial obligations, such as the payment of taxes, premiums for industrial insurance or contributions to the public employees' retirement system;

(3) One or more of the conditions [of financial difficulty] relating to financial emergencies set forth in [NRS 354.660] subsection 1 of section 3 of this act existed at the hospital; or

(4) The hospital received notice from the Federal Government or the State of Nevada that the certification or licensure of the hospital was in imminent jeopardy of being revoked because the hospital had not carried out a previously established plan of action to correct previously noted deficiencies found by the regulatory body.

4. Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is 100,000 or more but less than 400,000, the board of hospital trustees for the public hospital must be composed of the five regularly elected or appointed members, and, in addition, three county commissioners selected by the chairman of the board of county commissioners shall serve as voting members of the board of hospital trustees during their terms of office as county commissioners.

5. Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is less than 100,000, the board of hospital trustees for the public hospital must be composed of the five regularly elected or appointed members, and, in addition, the board of county commissioners may, by resolution, provide that one county commissioner selected by the chairman of the board of county commissioners shall serve as a voting member of the board of hospital trustees during his term of office as county commissioner.

Sec. 11.5. NRS 450.620 is hereby amended to read as follows:

450.620 1. Except as otherwise provided in subsection 2, if a hospital district is created pursuant to NRS 450.550 to 450.700, inclusive, the board of county commissioners shall provide by ordinance for:

(a) The number of trustees who shall govern the hospital;

(b) Their term of office, which must not exceed 4 years; and

2. The board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees of the district hospital. If such an ordinance is enacted in a county:

(a) The county commissioners shall serve as the hospital trustees of the district hospital during their terms of office as county commissioners; and

(b) If hospital trustees have been elected pursuant to subsection 1, the term of office of each hospital trustee of the district hospital who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.

3. A board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:

(a) The county has fully funded its indigent care account created pursuant to NRS 428.010;

(b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and

(1) At least one of the hospital's accounts payable was more than 90 days in arrears;

(2) The hospital failed to fulfill its statutory financial obligations, such as the payment of taxes, premiums for industrial insurance or contributions to the public employees' retirement system;

(3) One or more of the conditions [of financial difficulty] relating to financial emergencies set forth in [NRS 354.660] subsection 1 of section 3 of this act existed at the hospital; or

2. Chapter 550, Statutes of Nevada 1995, at page 1903, is hereby amended by adding thereto a new section to be designated as section 16.5, immediately following section 16, to read as follows:

Sec. 16.5. Section 10 of chapter 112, Statutes of Nevada 1995, at page 145, is hereby amended to read as follows:

Sec. 10. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

No cause of action may be brought against the committee on local government finance created pursuant to NRS 266.0165, or any of its members, which is based upon:

1. Any act or omission in the execution of, or otherwise in conjunction with, the execution of sections 3 to 6, inclusive, of chapter 112, Statutes of Nevada 1995, and sections 2 to 5, inclusive, of this act, or any policy or plan adopted pursuant thereto, whether or not such statute, policy or plan is valid, if the statute, policy or plan has not been declared invalid by a court of competent jurisdiction; or

2. The exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the committee on local government finance or member thereof, whether or not the discretion involved is abused.

Sec. 35 Section 6 of chapter 551, Statutes of Nevada 1995, at page 1908, is hereby amended to read as follows:

Sec. 6. NRS 354.626 is hereby amended to read as follows:

354.626 1. No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, [short-term financing] medium-term obligation repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof ceases to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities, school districts or special districts, by the district attorney.

2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:

(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.

(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.

(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.

(e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.

(f) Contracts between a local government and any person for the construction or completion of public works, money for which has been provided by the proceeds of a sale of bonds or [short-term financing.] medium-term obligations. Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.

(g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year, and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.

(h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.

(i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.

(j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.

Sec. 36 Sections 4 and 12 of chapter 563, Statutes of Nevada 1995, at pages 1935 and 1941, respectively, are hereby amended to read respectively as follows:

Sec. 4. NRS 354.624 is hereby amended to read as follows:

354.624 1. Each local government shall provide for an annual audit of all of its:

(a) Funds;

(b) Account groups; and

A local government may provide for more frequent audits as it deems necessary. Except as provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 5 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for an extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause the audit to be made at the expense of the local government. All audits must be made by a public accountant certified or registered or by a partnership or professional corporation registered under the provisions of chapter 628 of NRS.

2. The annual audit of a school district must be concluded and the report submitted to the board of trustees as provided in subsection 5 not later than 4 months after the close of the fiscal year for which the audit is conducted.

3. The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.

4. Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards, including comment on compliance with statutes and regulations, recommendations for improvements and any other comments deemed pertinent by the auditor, including his expression of opinion on the financial statements. The form of the financial statements must be prescribed by the department of taxation, and the chart of accounts must be as nearly as possible the same as that used in the preparation and publication of the annual budget. The report of the audit must include:

(a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989; [and]

(b) A comparison of operations of the local government with the approved budget and a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous reports have been acted upon by adoption as recommended, adoption with modifications or rejection [.] ; and

(c) A statement from the auditor indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by section 1 of this act:

(1) An enterprise fund.

(2) An internal service fund.

(3) A trust and agency fund.

(4) A self-insurance fund.

(5) A fund whose balance is required by law to be:

(I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or

(II) Carried forward to the succeeding fiscal year in any designated amount.

5. The recommendations and the summary of the narrative comments contained in the report of the audit must be read in full at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

(a) The clerk or secretary of the governing body;

(b) The county clerk;

(d) In the case of a school district, the department of education.

6. The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

Sec. 12. 1. This section and sections 1, 2, 3 and 5 to 11, inclusive, of this act [becomes] become effective on July 1, 1995.

2. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1995.

Sec. 37 1. Sections 4, 8, 9, 17 and 22 of chapter 578, Statutes of Nevada 1995, at pages 1975, 1977, 1984 and 1985, are hereby amended to read respectively as follows:

Sec. 4. 1. Except as otherwise provided in this section, a person shall not advertise or offer for sale in this state any policies or memberships or solicit or receive any money, subscriptions, applications, premiums, assessments, memberships or any other fee or charge in connection with a proposed association of self-insured public or private employers unless he has obtained a solicitor's permit from the commissioner.

2. To obtain a solicitor's permit, a person must file a written application with the commissioner. The application must include:

(a) The name, type and purposes of the association formed or proposed to be formed or financed;

(b) The name, residential address, business, professional or employment experience for the preceding 10 years and qualifications of each person associated or to be associated as director, promoter, manager, member of the board or in other similar capacity in the association, or in the formation of the proposed association or in the proposed financing, together with the fingerprints of each person so associated or to be associated, on forms furnished by the commissioner;

(c) A full disclosure of the terms of all pertinent understandings and agreements existing or proposed among any persons or entities so associated or to be associated, and a copy of each such agreement;

(d) A copy of the articles of incorporation and bylaws of a solicitor, if incorporated;

(e) The plan according to which solicitations are to be made and a reasonably detailed estimate of all administrative and sales expenses to be incurred;

(f) A copy of any certificate proposed to be offered, and a copy of any proposed application therefor;

(g) A copy of any prospectus, offering circular, advertising or sales literature or materials proposed to be used;

(h) Proof of an escrow account and agreement for the deposit of all funds collected during the formation of the association; and

(i) Such additional pertinent information as the commissioner may reasonably require.

3. The application must be accompanied by a fee of $500 for the filing of the application and for the issuance of the permit, if granted. A solicitor must submit this fee each year thereafter if he continues to recruit new members for an association.

4. A person who violates subsection 1 shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

5. The provisions of this section do not apply to:

(a) A bona fide trade association that has been in existence for at least 5 years and solicits members of its trade association; or

(b) A person who is employed by:

(1) Current members of an association; or

(2) Employers that are considering membership in an association,

whose primary duties do not include solicitation of potential members of the association.

Sec. 8. 1. Except as otherwise provided in subsection 2, if the membership of an employer who was a member of an association of self-insured public or private employers has been terminated or canceled and the system subsequently insures that employer:

(a) The employer shall remain insured by the system for at least 2 years before it may join an association of self-insured public or private employers.

(b) The system shall determine the amount of premium that such an employer must pay based on:

(1) The premium rate for the standard industrial classification of that employer which the system may deviate from not more than 15 percent; and

(2) An adjustment based on the experience of the employer for the 3 previous years,

in accordance with the regulations adopted pursuant to NRS 616.380.

2. A member of an association who terminates his membership in the association pursuant to subsection 4 of NRS 616.37935 may not, before July 1, 1998, obtain industrial insurance from the system.

Sec. 9. NRS 616.015 is hereby amended to read as follows:

616.015 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 616.020 to 616.123, inclusive, [and] section 2 of chapter 497, Statutes of Nevada 1995, and sections 2 to 3.6, inclusive, of this act, have the meanings ascribed to them in those sections.

Sec. 17. NRS 616.3798 is hereby amended to read as follows:

616.3798 1. Except as otherwise provided in NRS 616.647, before any action may be taken pursuant to subsection 2, the commissioner shall arrange an informal meeting with an association of self-insured public or private employers to discuss and seek correction of any conduct which would be grounds for withdrawal of the certificate of the association.

2. Except as otherwise provided in subsection 3 and NRS 616.647, before the withdrawal of the certificate of any association of self-insured public or private employers, the commissioner shall give written notice to the association by certified mail that its certificate will be withdrawn 10 days after receipt of the notice unless, within that time, the association corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the commissioner.

3. The commissioner may grant additional time, not to exceed an additional 120 days, before the withdrawal of the certificate of an association if:

(a) The grounds for withdrawal of the certificate of the association are based on paragraph (d) of subsection 2 of NRS 616.37977; and

(b) The association is financially sound and capable of fulfilling its commitments.

4. If the association requests a hearing:

(a) The commissioner shall set a date for a hearing within 20 days after receiving the request and give the association at least 10 business days' notice of the time and place of the hearing.

(b) A record of the hearing must be kept, but it need not be transcribed unless requested by the association with the cost of transcription to be charged to the association.

(c) Within 5 business days after the hearing, the commissioner shall either affirm or disaffirm the withdrawal and give the association written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the association receives notice of the affirmance unless within that period the association corrects the conduct which was grounds for the withdrawal or petitions for judicial review of the affirmance.

[4.] 5. If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance.

Sec. 22. 1. This [act becomes] section and sections 1 to 13, inclusive, 14 to 16.5, inclusive, and 18 to 21, inclusive, of this act become effective at 12:01 a.m. on July 1, 1995.

2. [Section] Sections 13.5 and 17 of this act [becomes] become effective at 12:02 a.m. on July 1, 1995.

2. Chapter 578, Statutes of Nevada 1995, at page 1985, is hereby amended by adding thereto a new section to be designated as section 18.5, immediately following section 18, to read as follows:

Sec. 18.5. Section 37 of chapter 580, Statutes of Nevada 1995, at page 2008, is hereby amended to read as follows:

Sec. 37. NRS 616.015 is hereby amended to read as follows:

616.015 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 616.020 to 616.123, inclusive, section 2 of chapter 497, Statutes of Nevada 1995, [and] sections 2 to 3.6, inclusive, of chapter 578, Statutes of Nevada 1995, and sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.

Sec. 38 Sections 1, 56, 62, 67, 82, 83, 100, 106, 120, 122, 132 and 184 of chapter 580, Statutes of Nevada 1995, at pages 1997, 2012, 2014, 2016, 2023, 2031, 2033, 2038, 2040, 2046 and 2057, are hereby amended to read respectively as follows:

Section 1. NRS 612.265 is hereby amended to read as follows:

612.265 1. Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person's or employing unit's identity.

2. Any claimant or his legal representative is entitled to information from the records of the division, to the extent necessary for the proper presentation of his claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the division for any other purpose.

3. Subject to such restrictions as the administrator may by regulation prescribe, the information obtained by the division may be made available to:

(a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of [an] laws relating to unemployment compensation , [law,] public assistance [law, workman's] , workers' compensation or labor [law,] and industrial relations, or the maintenance of a system of public employment offices;

(b) Any state or local agency for the enforcement of child support;

(d) The department of taxation; and

(e) The state contractors' board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

4. Upon written request made by a public officer of a local government, the administrator shall furnish from the records of the division the name, address and place of employment of any person listed in the records of employment of the division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The administrator may charge a reasonable fee for the cost of providing the requested information.

5. The administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this state. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this state, the administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

6. Upon request therefor the administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient's rights to further benefits pursuant to this chapter.

7. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the administrator that he furnish, from the records of the division, the name, address and place of employment of any person listed in the records of employment of the division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the administrator shall furnish the information requested. He may charge a fee to cover the actual costs of any related administrative expenses.

8. In addition to the provisions of subsection 5, the administrator shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for use in verifying returns for the business tax. The administrator may charge a fee to cover the actual costs of any related administrative expenses.

9. The manager of the state industrial insurance system or a private carrier that provides industrial insurance in this state shall submit to the administrator a list containing the name of each person who received benefits pursuant to chapter 616 or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the division regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the manager or the private carrier must be in a form determined by the administrator and must contain the social security number of each such person. Upon receipt of [such a] the request, the administrator shall make such a comparison and [provide to the manager a list containing the name, address and social security number of each person who appears,] , if it appears from the information submitted [, to be] that a person is simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS [.] , the administrator shall notify the attorney general or any other appropriate law enforcement agency. The administrator shall charge a fee to cover the actual costs of any related administrative expenses. [The manager shall use the information obtained pursuant to this subsection only to further a current investigation. The manager shall not disclose the information for any other purpose.]

10. The administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.

11. If any employee or member of the board of review or the administrator or any employee of the administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.

12. All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

Sec. 56. NRS 616.193 is hereby amended to read as follows:

616.193 1. [The insurer must] An insurer shall provide access to the files of claims in its offices.

2. A file is available for inspection during regular business hours by the employee or his designated agent, the employer or his designated agent and the administrator or his designated agent.

3. Upon request, the insurer [must] shall make copies of anything in the file and may charge a reasonable fee for this service. Copies of materials in the file which are requested by the administrator or his designated agent, or the Nevada attorney for injured workers or his designated agent must be provided free of charge.

4. If a claim has been closed for at least 1 year, the insurer may microphotograph or film any of its records relating to that claim. The microphotographs or films must be placed in convenient and accessible files . [, and provision must be made for preserving, examining and using the records.

5. Nothing in this section requires the]

5. The administrator shall adopt regulations concerning the:

(a) Maintenance of records in a file on current or closed claims;

(b) Preservation, examination and use of records which have been microphotographed or filmed by an insurer; and

(c) Location of a file on a closed claim.

6. This section does not require an insurer to allow inspection or reproduction of material regarding which a legal privilege against disclosure has been conferred.

Sec. 62. NRS 616.2545 is hereby amended to read as follows:

616.2545 1. For the purposes of this chapter and chapters 364A, 612 and 617 of NRS, an employee leasing company which complies with the provisions of NRS 616.254 to 616.2547, inclusive, shall be deemed to be the employer of the employees it leases to a client company.

2. An employee leasing company shall be deemed to be the employer of its leased employees for the purposes of sponsoring and maintaining any benefit plans.

3. An employee leasing company shall not offer its employees any self-funded insurance program. An employee leasing company shall not act as a self-insured employer or be a member of an association of self-insured public or private employers pursuant to this chapter or chapter 617 of NRS or pursuant to Title 57 of NRS.

4. If an employee leasing company fails to:

(a) Pay any contributions, premiums, forfeits or interest due; or

(b) Submit any reports or other information required,

pursuant to this chapter or chapter 612 or 617 of NRS, the client company is jointly and severally liable for the contributions, premiums, forfeits or interest attributable to the wages of the employees leased to it by the employee leasing company.

Sec. 67. NRS 616.279 is hereby amended to read as follows:

616.279 1. If a quasi-public or private corporation is required to be insured [under] pursuant to this chapter, an officer of the corporation who:

(a) Receives pay for services performed as an officer or employee of the corporation shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per calendar year and a maximum pay of $36,000 per calendar year.

(b) Does not receive pay for services performed as an officer or employee of the corporation shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per calendar year.

2. An officer who does not receive pay for services performed as an officer or employee of the corporation may elect to reject coverage by filing written notice thereof with the corporation and the [system.] insurer. The rejection is effective upon receipt of the notice by the [system.] insurer.

3. An officer who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation and the [system.] insurer. The rescission is effective upon receipt of the notice by the [system.] insurer. If an officer who has rejected coverage receives pay for services performed as an officer or employee of the corporation, the officer shall be deemed to have rescinded that rejection.

4. A nonprofit corporation whose officers do not receive pay for services performed as officers or employees of the corporation may elect to reject coverage for their current officers and all future officers who do not receive such pay by filing written notice thereof with the corporation and the [system.] insurer. The rejection is effective upon receipt of the notice by the [system.] insurer.

5. A nonprofit corporation which has rejected coverage for its officers who do not receive pay for services performed as officers or employees of the corporation may rescind that rejection by filing written notice thereof with the corporation and the [system.] insurer. The rescission is effective upon receipt of the notice by the [system.] insurer. If an officer of a nonprofit corporation which has rejected coverage receives pay for services performed as an officer or employee of the corporation, the corporation shall be deemed to have rescinded that rejection.

Sec. 82. NRS 616.355 is hereby amended to read as follows:

616.355 1. Any physician or chiropractor who attends an employee within the provisions of this chapter or chapter 617 of NRS in a professional capacity, may be required to testify before an appeals officer. A physician or chiropractor who testifies is entitled to receive the same fees as witnesses in civil cases and, if the appeals officer so orders at his own discretion, a fee equal to that authorized for a consultation by the appropriate schedule of fees for physicians or chiropractors. These fees must be paid by the [system, the self-insured employer or the association of self-insured public or private employers.] insurer.

2. Information gained by the attending physician or chiropractor while in attendance on the injured employee is not a privileged communication if:

(a) Required by an appeals officer for a proper understanding of the case and a determination of the rights involved; or

(b) The information is related to any fraud that has been or is alleged to have been committed in violation of the provisions of this chapter.

Sec. 83. NRS 616.37935 is hereby amended to read as follows:

616.37935 1. If an employer wishes to become a member of an association of self-insured public or private employers, the employer must:

(a) Submit an application for membership to the board of trustees or third-party administrator of the association; and

(b) Enter into an indemnity agreement as required by NRS 616.37915.

2. The membership of the applicant becomes effective when each member of the association approves the application or on a later date specified by the association. The application for membership and the action taken on the application must be maintained as permanent records of the board of trustees.

3. Each member who is a member of an association during the 12 months immediately following the formation of the association must:

(a) Have a tangible net worth of at least $500,000; or

(b) Have had a reported payroll for the previous 12 months which would have resulted in a manual premium calculated according to the regulations adopted pursuant to NRS 616.380 of at least $15,000.

Any employer who seeks to become a member of the association subsequently must meet the requirement set forth in paragraph (a) or (b) unless the commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616.37915.

4. Except as otherwise provided in section 8 of [this act,] chapter 578, Statutes of Nevada 1995, a member of an association may terminate his membership at any time. To terminate his membership, a member must submit to the association's administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The association's administrator shall, within 10 days after receipt of the notice, notify the commissioner of the employer's intent to withdraw from the association.

5. The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.

6. The association shall:

(a) Notify the commissioner and the administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and

(b) At the expense of the member whose membership is terminated or canceled, maintain coverage for that member for 30 days after notice is given pursuant to paragraph (a), unless the association first receives notice from the administrator that the member has:

(1) [Provided and secured compensation according to the terms, conditions and provisions of this chapter for any injury sustained by an employee arising out of and in the course of his employment;] Become insured by the system;

(2) Been certified as a self-insured employer pursuant to NRS 616.293; [or]

(3) Become a member of another association of self-insured public or private employers [.] ; or

(4) Become insured by a private carrier.

7. If a member of an association changes his name or form of organization, the member remains liable for any obligations incurred or any responsibilities imposed pursuant to this chapter and chapter 617 of NRS under his former name or form of organization.

8. An association is liable for the payment of any compensation required to be paid by a member of the association [under] pursuant to this chapter or chapter 617 of NRS during his period of membership. The insolvency or bankruptcy of a member does not relieve the association of liability for the payment of [such] the compensation.

Sec. 100. NRS 616.500 is hereby amended to read as follows:

616.500 1. An employee or, in the event of the employee's death, one of his dependents, shall provide written notice of an injury that arose out of and in the course of employment to the employer of the employee as soon as practicable, but within 7 days after the accident.

2. The notice required by subsection 1 must:

(a) Be on a form prescribed by the administrator. The form must allow the injured employee or his dependent to describe briefly the accident that caused the injury or death.

(b) Be signed by the injured employee or by a person on his behalf, or in the event of the employee's death, by one of his dependents or by a person acting on behalf of the dependent.

(d) Be prepared in duplicate so that the injured employee or his dependent and the employer can retain a copy of the notice.

3. Upon receipt of the notice required by subsection 1, the employer, the injured employee's supervisor or the agent of the employer who was in charge of the type of work or the area where the accident occurred shall sign the notice. The signature of the employer, the supervisor or the employer's agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer's defenses or rights.

4. An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his employees.

5. An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the accident. An employer insured by the system or a private carrier shall not file a notice of injury with the system [.] or the private carrier.

Sec. 106. NRS 616.635 is hereby amended to read as follows:

616.635 1. If the [manager] administrator finds that any employer or any employee, officer or agent of any employer has knowingly:

(a) Made a false statement or has knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based; or

(b) Misrepresented the classification or duties of an employee,

he shall make a determination thereon and charge the employer's account an amount equal to three times the amount of the premium due. The [manager] administrator shall mail a copy of his determination to the employer.

2. An employer who is aggrieved by the [manager's] administrator's determination may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was mailed to the employer. The [manager] administrator shall hold a hearing within 30 days after he receives the request. The [determination] decision of the [manager] administrator made pursuant to a hearing is a final decision for the purposes of judicial review. The amount of the determination as finally decided by the administrator becomes due within 30 days after the decision is served on the employer.

3. A person who knowingly:

(a) Makes a false statement or representation or who knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based; or

(b) Misrepresents the classification or duties of an employee,

is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

Sec. 120. NRS 228.420 is hereby amended to read as follows:

228.420 1. The attorney general has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of [benefits for industrial insurance.] compensation required by chapters 616 and 617 of NRS.

2. For this purpose, the attorney general shall establish within his office a fraud control unit for industrial insurance. The unit must consist of such persons as are necessary to carry out the duties set forth in this section, including, without limitation, an attorney, an auditor and an investigator.

3. The attorney general, acting through the unit established pursuant to subsection 2:

(a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of [benefits for industrial insurance;] compensation required by chapters 616 and 617 of NRS;

(b) Shall cooperate with the state industrial insurance system, the division of industrial relations of the department of business and industry, self-insured employers, associations of self-insured public or private employers , private carriers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of [benefits for industrial insurance;] compensation required by chapters 616 and 617 of NRS;

(c) Shall protect the privacy of persons who are eligible to receive [benefits] compensation pursuant to the provisions of chapter 616 or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

(d) May, upon request, inspect the records of any self-insured employer, association of self-insured public or private employers, private carrier, the state industrial insurance system, the division of industrial relations of the department of business and industry and the state contractors' board to investigate any alleged violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of [benefits for industrial insurance.] compensation required by chapters 616 and 617 of NRS.

4. When acting pursuant to NRS 228.175, 228.410 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

5. The attorney general shall report the name of any person who has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, to the occupational board that issued the person's license or certificate to provide medical care, remedial care or other services in this state.

6. The attorney general shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of [benefits for industrial insurance.] compensation required by chapters 616 and 617 of NRS.

7. As used in this section:

(a) "Association of self-insured private employers" has the meaning ascribed to it in NRS 616.0265.

(b) "Association of self-insured public employers" has the meaning ascribed to it in NRS 616.0267.

(d) "Self-insured employer" has the meaning ascribed to it in NRS 616.112.

Sec. 122. NRS 232.680 is hereby amended to read as follows:

232.680 1. The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the division, a full-time employee of the legislative counsel bureau, the fraud control unit for industrial insurance established pursuant to NRS 228.420 and the legislative committee on workers' compensation created pursuant to section 120 of [this act,] chapter 587, Statutes of Nevada 1995, must be paid from assessments payable by each:

(a) Insurer based upon expected annual [expenditures for claims;] premiums to be received; and

(b) Employer who provides accident benefits for injured employees pursuant to NRS 616.415, based upon his expected annual expenses of providing those benefits.

For the purposes of this subsection, the "premiums to be received" by a self-insured employer or an association of self-insured public or private employers shall be deemed to be the same fraction of the premiums to be received by the state industrial insurance system that his expected annual expenditure for claims is of the expected annual expenditure of the system for claims. The division shall adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers and employers who provide accident benefits for injured employees. The formulas may utilize actual expenditures for claims.

2. Federal grants may partially defray the costs of the division.

3. Assessments made against insurers by the division after the adoption of regulations must be used to defray all costs and expenses of administering the program of [workmen's] workers' compensation, including the payment of:

(a) All salaries and other expenses in administering the division, including the costs of the office and staff of the administrator.

(b) All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.

(c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.

(d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420.

(e) Claims against uninsured employers arising from compliance with NRS 616.377 and 617.275.

(f) All salaries and expenses of the members of the legislative committee on workers' compensation and any other expenses incurred by the committee in carrying out its duties pursuant to sections 120 to 123, inclusive, of [this act.] chapter 587, Statutes of Nevada 1995.

Sec. 132. NRS 412.142 is hereby amended to read as follows:

412.142 1. Except as otherwise provided in subsection 2:

(a) In all cases in which any member of the militia of the state is wounded, injured, disabled or killed while in the line of duty in the service of the state, the member or the dependents of the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapter 616 of NRS. If that wound, injury or disability is aggravated or recurs while the member is in the line of duty in the service of the state, the member or his dependents are also entitled to receive such compensation. [There must be paid to the state industrial insurance system quarterly, from the appropriation for the support of the office, such a sum for a premium as may be fixed and agreed upon by the commander in chief and the manager of the system, based upon the number of members in regular attendance during the month as shown by the reports filed with the adjutant general, who shall certify the numbers to the manager.]

(b) In all cases, the disabled or deceased member shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to the member or to the dependents of the member must be determined upon the basis of his average income from all sources during the year immediately preceding the date of his injury or death or the commencement of his disability, but the compensation must not exceed the maximum prescribed in chapter 616 of NRS.

2. The provisions of this section do not apply to a member of the militia of the state or any dependents of the member who is receiving or is entitled to receive compensation or benefits for an injury, wound, illness, disability or death described in this section pursuant to any law or regulation of the Federal Government, if:

(a) The federal compensation or benefits arise from military duties performed pursuant to Title 10 or Title 32 of the United States Code; and

(b) The wound, injury, illness or disability is not an aggravation or recurrence of a wound, injury, illness or disability that arose from previous duties performed pursuant to Title 10 or Title 32 of the United States Code.

Sec. 184. NRS 687A.020 is hereby amended to read as follows:

687A.020 Except as otherwise provided in subsection 5 of NRS 695E.200, this chapter applies to all direct insurance, except:

1. Life, annuity, health or disability insurance;

2. Mortgage guaranty, financial guaranty or other forms of insurance offering protection against investment risks;

3. Fidelity or surety bonds or any other bonding obligations;

4. Credit insurance as defined in NRS 690A.015;

5. Insurance of warranties or service contracts;

6. Title insurance;

7. Ocean marine insurance;

8. Any transaction or combination of transactions between a person, including affiliates of the person, and an insurer, including affiliates of the insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or

9. Any insurance provided by or guaranteed by a governmental entity [.] or industrial insurance provided by the state industrial insurance system.

Sec. 39 1. Sections 3, 9 and 11 of chapter 584, Statutes of Nevada 1995, at pages 2067, 2070 and 2071, respectively, are hereby amended to read respectively as follows:

Sec. 3. NRS 213.1099 is hereby amended to read as follows:

213.1099 1. Except as otherwise provided in this section and NRS 213.1215, the board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.160, inclusive, and section 5 of Senate Bill No. 61 of this session.

2. In determining whether to release a prisoner on parole, the board shall consider:

(a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

(b) Whether the release is incompatible with the welfare of society;

(d) The standards adopted pursuant to NRS 213.10987 and the recommendation, if any, of the chief parole and probation officer [.] ; and

(e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.130.

3. When a person is convicted of a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.

4. Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order that he be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:

(a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;

(b) Repetitive criminal conduct;

(d) Repetitive sexual deviance, violence or aggression; or

(e) Failure in parole, probation, work release or similar programs.

5. In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

Sec. 9. Section 12 of Senate Bill No. 192 of this session is hereby amended to read as follows:

Sec. 12. NRS 213.1099 is hereby amended to read as follows:

2. In determining whether to release a prisoner on parole, the board shall consider:

(a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

(b) Whether the release is incompatible with the welfare of society;

(d) The standards adopted pursuant to NRS 213.10987 and the recommendation, if any, of the chief ; [parole and probation officer;] and

(e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.130.

4. Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order [that he] to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:

(a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;

(b) Repetitive criminal conduct;

(d) Repetitive sexual deviance, violence or aggression; or

(e) Failure in parole, probation, work release or similar programs.

5. In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

6. The board shall not release on parole a sex offender until the law enforcement agency in whose jurisdiction a sex offender will be released on parole has been provided an opportunity to give the notice required by the attorney general pursuant to section 9 of this act.

Sec. 11. 1. This section and sections 1, 2, 4 to 8, inclusive, and 10 of this act [becomes] become effective on July 1, 1995.

2. Sections 3, 9 and 9.5 of this act become effective at 12:01 a.m. on July 1, 1995.

2. Chapter 584, Statutes of Nevada 1995, at page 2071, is hereby amended by adding thereto a new section to be designated as section 9.5, immediately following section 9, to read as follows:

Sec. 9.5. Section 382 of chapter 443, Statutes of Nevada 1995, at page 1331, is hereby repealed.

Sec. 40 Section 20 of chapter 585, Statutes of Nevada 1995, at page 2077, is hereby amended to read as follows:

Sec. 20. NRS 645.633 is hereby amended to read as follows:

645.633 The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:

1. Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.

2. Violating any order of the commission, any agreement with the division, any of the provisions of this chapter, chapter 119, 119A, 119B , [or] 645A or 645C of NRS or of any regulation adopted thereunder.

3. Paying a commission, compensation or a finder's fee to any person for performing the services of a broker, broker-salesman or salesman who has not first secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.

4. A felony, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.

5. Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

6. [Failure to disclose to any person with whom he is dealing, any material facts, data or information which he knew, or which by the exercise of reasonable care and diligence he should have known, concerning or relating to the property with which he is dealing.

7.] Failure to include a fixed date of expiration in any written [listing] brokerage agreement or to leave a copy of the brokerage agreement with the [principal.

8.] client.

7. Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a [principal.

9.] client.

8. Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.

[10.] 9. Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.

[11.] 10. Any conduct which took place before his being licensed, which was in fact unknown to the division and which would have been grounds for denial of a license had the division been aware of the conduct.

[12. Acting in the dual capacity of agent and undisclosed principal in any transaction.

13.] 11. Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.

Action may also be taken pursuant to NRS 645.630 against a person subject to that section for the suspension or revocation of a real estate broker's, broker-salesman's or salesman's license issued to him by any other jurisdiction.

Sec. 41 1. Sections 7, 28, 130.2, 137, 147 and 155 of chapter 587, Statutes of Nevada 1995, at pages 2123, 2125, 2165, 2168 and 2170, are hereby amended to read respectively as follows:

Sec. 7. In addition to the authority given the manager to determine and fix premium rates of employers pursuant to NRS 616.395 to 616.405, inclusive, the manager may by regulation establish a plan for classifying employers insured by the system who, because of the risks inherent in the businesses in which the employers are engaged, are reasonably likely to incur a greater number of claims for compensation pursuant to this chapter or chapter 617 of NRS. Upon establishing such a plan, the manager may, with the approval of the commissioner, determine and fix the premium rates of those employers.

Sec. 28. 1. The members of the board may meet throughout each year at the times and places specified by a call of the chairman or a majority of the board. The board may prescribe rules and regulations for its own management and government. Three members of the board constitute a quorum, and a quorum may exercise all the power and authority conferred on the board. If a member of the board submits a claim against the subsequent injury fund for associations of self-insured public or private employers, that member shall not vote on or otherwise participate in the decision of the board concerning that claim.

2. The board shall administer the subsequent injury fund for associations of self-insured public or private employers in accordance with the provisions of sections 29, 30 and 31 of this act.

Sec. 130.2. NRS 680B.027 is hereby amended to read as follows:

680B.027 1. Except as otherwise provided in NRS 680B.033, for the privilege of transacting business in this state, each insurer shall pay to the department of taxation a tax upon his net direct premiums and net direct considerations written at the rate of 3.5 percent.

2. The tax must be paid at the same time the report required by NRS 680B.030 is filed.

3. On or before March 1 of each year, each insurer who pursuant to subsection 1, paid or is required to pay a tax of at least $2,000 on net premiums and net direct considerations written during the preceding calendar year, shall pay to the department of taxation a prepayment of the tax imposed by subsection 1 in an amount equal to at least 50 percent of the tax he estimates he will owe pursuant to subsection 1 for that calendar year. The remainder of the prepayment of the estimated tax must be made on or before June 15 of that calendar year. The total of the prepayments must not be less than the actual tax pursuant to subsection 1 for the preceding calendar year. The department of taxation shall accept a subsequent prepayment of the estimated tax from an insurer if the insurer files with the department of taxation a statement under oath setting forth the facts requiring the additional payment.

4. If an overpayment of the insurer's actual tax liability results from his prepayment of the tax pursuant to subsection 3 in the preceding year, the insurer shall apply the overpayment to the prepayment due pursuant to subsection 3 in succeeding years until the overpayment has been extinguished.

5. Except as otherwise provided in subsection 7, if the prepayment made pursuant to subsection 3 is less than 85 percent of the tax that was actually owed by the insurer for the calendar year in which the prepayment was made, the insurer shall pay to the department of taxation:

(a) A penalty in an amount equal to 5 percent of the underpayment; and

(b) An administrative fine of $2,000.

6. Except as otherwise provided in subsection 7 and in addition to the penalty and fine provided by subsection 5:

(a) An insurer whose prepayment is less than 85 percent of the tax that was actually owed by the insurer for the calendar year in which the prepayment was made shall pay interest on the difference between the total amount of the prepayment and 85 percent of the amount actually owed at the rate of 1.5 percent per month, or fraction of a month, from the March 1 on which the initial prepayment became due until the date of payment.

(b) An insurer who does not make a prepayment required by subsection 3 when due shall pay interest at the rate of 1.5 percent per month, or fraction of a month, on the amount of the prepayment owed from the date on which the prepayment became due until the date of payment.

(c) An insurer who does not make any payment of the tax imposed pursuant to this section when due shall pay interest at the rate of 1.5 percent per month, or fraction of a month, on the amount owed from the date on which the payment became due until the date of payment.

7. The executive director of the department of taxation may, for good cause shown, waive or reduce the penalty, fine or interest imposed by subsection 5 or 6. Any insurer seeking relief from the penalty, fine or interest must file with the department of taxation a statement under oath setting forth the facts upon which he bases his claim for relief.

8. The commissioner or the executive director of the department of taxation may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.

9. A newly admitted insurer who receives a certificate of authority after January 1 from the commissioner is not required to make a prepayment of the premium tax pursuant to subsection 3 for the year in which he is admitted. The tax for the insurer's first calendar year must be paid at the time that the report required by NRS 680B.030 is filed.

10. For the purposes of this section, "insurer" includes the state industrial insurance system.

Sec. 137. [Section 4 of chapter 22, Statutes of Nevada 1993, at page 43, is hereby amended to read as follows:] Section 26 of chapter 587, Statutes of Nevada 1993, at page 2457, is hereby amended to read as follows:

Sec. 26. Section 284.5 of Senate Bill No. 316 of this session is hereby amended to read as follows:

Sec. 284.5. Section 4 of Assembly Bill No. 342 of this session is hereby amended to read as follows:

Sec. 4. NRS 616.400 is hereby amended to read as follows:

616.400 1. Every employer insured by the system shall, at intervals established by the manager, furnish the system with a true and accurate payroll showing:

(a) The total amount paid to employees for services performed;

(b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and

together with the premium due thereon. The payroll and premium must be furnished to the system on or before the date established by the manager for the receipt of the payroll and premium.

2. In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be [:

(a) For the period beginning October 1, 1992, and ending December 31, 1992, the first $27,000 paid to the employee during the calendar year of 1992.

(b) For the period beginning January 1, 1993, and ending December 31, 1993, the first $27,000 paid to the employee.

(d) For the period beginning January 1, 1995, and ending December 31, 1995,] the first [$33,000] $36,000 paid to the employee [.] during the calendar year.

3. Except as otherwise provided in this subsection, any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days. If an employer's premiums are less than $300 in a given year, the premiums must be paid at intervals established by the manager.

4. Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.

5. If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

6. The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

7. The system may impose a penalty not to exceed 4 percent of the premiums which are due for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

8. To the extent permitted by federal law, the system shall vigorously pursue the collection of premiums that are due under the provisions of this chapter even if an employer's debts have been discharged in a bankruptcy proceeding.

Sec. 147. 1. NRS 616.2213, 616.2214, 616.2215, 616.2216, 616.2217, 616.2225, 616.3445, 616.383, 616.387, 616.440, 616.450, 616.455, 616.460, 616.470, 616.475, 616.517, 616.518, 617.295 and 645.553 , and sections 94, 95, 96 and 137 of chapter 580, Statutes of Nevada 1995, at pages 2028, 2029, 2030 and 2048, respectively, are hereby repealed.

2. Sections 158, 160 and 162 of chapter 265, Statutes of Nevada 1993, are hereby repealed.

Sec. 155. 1. This section and subsection 2 of section 147 of this act become effective on June 30, 1995.

2. Sections 1, 4.5, 5, 6, 6.5, 8, 15, 17, 23 to 33, inclusive, 38, 39, 44, 47, 48 to 54, inclusive, 57, 61, 68, 73, 76, 81 to 85, inclusive, 87 to [95,] 95.5, inclusive, 97, 99 to 103.5, inclusive, 105, 115, 116, 117, 119 to 123, inclusive, 126, 130, 133, 134, 136, 137, 137.5, 146, 146.5, subsection 1 of section 147, 148, 149, 152 and 153 of this act become effective on July 1, 1995.

3. Sections 45, 77, 106 and 106.5 of this act become effective at 12:01 a.m. on July 1, 1995.

4. Sections 7, 17.3, 17.5, 17.7, 129.5, 130.2, 130.4, and 130.6 of this act become effective on July 1, 1999.

2. Chapter 587, Statutes of Nevada 1995, at page 2124, is hereby amended by adding thereto new sections to be designated as sections 17.3, 17.5 and 17.7, immediately following section 17, to read respectively as follows:

Sec. 17.3. 1. There is hereby established as a trust fund in the state treasury the subsequent injury fund for private carriers, which may be used only to make payments in accordance with the provisions of sections 17.5 and 17.7 of this act. The administrator shall administer the fund.

2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund for private carriers must be delivered to the custody of the state treasurer.

3. All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers' compensation for employees whose employers are insured by private carriers.

4. The state treasurer may disburse money from the fund only upon written order of the state controller.

5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

6. The administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by private carriers and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for private carriers. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund for private carriers, or any costs associated with the fund.

7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any private carrier who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

Sec. 17.5. Except as otherwise provided in section 17.7 of this act:

1. If an employee of an employer who is insured by a private carrier has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund for private carriers in accordance with regulations adopted by the administrator.

2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund for private carriers in accordance with regulations adopted by the administrator.

3. As used in this section, "permanent physical impairment" means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a "permanent physical impairment" unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association's Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the division pursuant to section 32 of this act.

4. To qualify under this section for reimbursement from the subsequent injury fund for private carriers, the private carrier must establish by written records that the employer had knowledge of the "permanent physical impairment" at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.

5. A private carrier shall notify the administrator of any possible claim against the subsequent injury fund for private carriers as soon as practicable, but not later than 100 weeks after the injury or death.

6. The administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury fund for private carriers. The administrator shall notify the private carrier of his decision on such a claim within 90 days after the claim is received.

7. An appeal of any decision made concerning a claim against the subsequent injury fund for private carriers must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.

Sec. 17.7. 1. A private carrier who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the subsequent injury fund for private carriers if:

(a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the employer insured by a private carrier;

(b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and

(c) A causal connection existed between the false representation and the subsequent disability.

If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the subsequent injury fund for private carriers.

2. A private carrier shall notify the administrator of any possible claim against the subsequent injury fund for private carriers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the employer learns of the employee's false representation, whichever is later.

3. Chapter 587, Statutes of Nevada 1995, at page 2153, is hereby amended by adding thereto a new section to be designated as section 95.5, immediately following section 95, to read as follows:

Sec. 95.5. NRS 616.560 is hereby amended to read as follows:

616.560 1. If an injured employee or, in the event of his death, his dependents, bring an action in tort against his employer to recover payment for an injury which is compensable under this chapter or chapter 617 of NRS and, notwithstanding the provisions of NRS 616.370, receive payment from the employer for that injury:

(a) The amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount paid by the employer.

(b) The insurer, or in the case of claims involving the uninsured employer's claim fund or [the] a subsequent injury fund the administrator, has a lien upon the total amount paid by the employer if the injured employee or his dependents receive compensation pursuant to the provisions of this chapter.

This subsection is applicable whether the money paid to the employee or his dependents by the employer is classified as a gift, a settlement or otherwise. The provisions of this subsection do not grant to an injured employee any right of action in tort to recover damages from his employer for his injury.

2. When an employee receives an injury for which compensation is payable pursuant to the provisions of this chapter and which was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:

(a) The injured employee, or in case of death his dependents, may take proceedings against that person to recover damages, but the amount of the compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee's injury.

(b) If the injured employee, or in case of death his dependents, receive compensation pursuant to the provisions of this chapter, the insurer, or in case of claims involving the uninsured employers' claim fund or [the] a subsequent injury fund the administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor.

3. When an injured employee incurs an injury for which compensation is payable pursuant to the provisions of this chapter and which was caused under circumstances entitling him, or in the case of death his dependents, to receive proceeds under his employer's policy of uninsured or underinsured vehicle coverage:

(a) The injured employee, or in the case of death his dependents, may take proceedings to recover those proceeds, but the amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount of proceeds received.

(b) If an injured employee, or in the case of death his dependents, receive compensation pursuant to the provisions of this chapter, the insurer, or in the case of claims involving the uninsured employers' claim fund or [the] a subsequent injury fund the administrator, is subrogated to the rights of the injured employee or his dependents to recover proceeds under the employer's policy of uninsured or underinsured vehicle coverage. The insurer and the administrator are not subrogated to the rights of an injured employee or his dependents under a policy of uninsured or underinsured vehicle coverage purchased by the employee.

4. In any action or proceedings taken by the insurer or the administrator pursuant to this section, evidence of the amount of compensation, accident benefits and other expenditures which the insurer, the uninsured employers' claim fund or [the] a subsequent injury fund have paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the insurer or the administrator recovers more than those amounts, the excess must be paid to the injured employee or his dependents.

5. In any case where the insurer or the administrator is subrogated to the rights of the injured employee or of his dependents as provided in subsection 2 or 3, the insurer or the administrator has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee's injury.

6. The lien provided for under subsection 1 or 5 includes the total compensation expenditure incurred by the insurer, the uninsured employers' claim fund or [the] a subsequent injury fund for the injured employee and his dependents.

7. An injured employee, or in the case of death his dependents, shall notify the insurer, or in the case of claims involving the uninsured employers' claim fund or a subsequent injury fund the administrator, in writing before initiating a proceeding or action pursuant to this section.

8. Within 15 days after the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise:

(a) The injured employee or his dependents, or the attorney or representative of the injured employee or his dependents; and

(b) The third-party insurer,

shall notify the insurer, or in the case of claims involving the uninsured employers' claim fund or a subsequent injury fund the administrator, of the recovery and pay to the insurer or the administrator, respectively, the amount due under this section together with an itemized statement showing the distribution of the total recovery. The attorney or representative of the injured employee or his dependents and the third-party insurer are jointly and severally liable for any amount to which an insurer is entitled pursuant to this section if the attorney, representative or third-party insurer has knowledge of the lien provided for in this section.

9. An insurer shall not sell its lien to a third-party insurer unless the injured employee or his dependents, or the attorney or representative of the injured employee or his dependents, refuses to provide to the insurer information concerning the action against the third party.

10. In any trial of an action by the injured employee, or in the case of his death by his dependents, against a person other than the employer or a person in the same employ, the jury must receive proof of the amount of all payments made or to be made by the insurer or the administrator. The court shall instruct the jury substantially as follows:

Payment of workmen's compensation benefits by the insurer, or in the case of claims involving the uninsured employers' claim fund or a subsequent injury fund the administrator, is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer, the insurer or the administrator any amount paid to him or paid on his behalf by his employer, the insurer or the administrator.

If you decide that the plaintiff is entitled to judgment against the defendant, you shall find his damages in accordance with the court's instructions on damages and return your verdict in the plaintiff's favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award.

11. For the purposes of calculating an employer's premium, the employer's account with the system must be credited with an amount equal to that recovered by the system from a third party pursuant to this section, less the system's share of the expenses of litigation incurred in obtaining the recovery, except that the total credit must not exceed the amount of compensation actually paid or reserved by the system on the injured employee's claim.

12. As used in this section, "third-party insurer" means an insurer that issued to a third party who is liable for damages pursuant to subsection 2, a policy of liability insurance the proceeds of which are recoverable pursuant to this section. The term includes an insurer that issued to an employer a policy of uninsured or underinsured vehicle coverage.

4. Chapter 587, Statutes of Nevada 1995, at page 2169, is hereby amended by adding thereto a new section to be designated as section 137.5, immediately following section 137, to read as follows:

Sec. 137.5. Section 106.5 of chapter 265, Statutes of Nevada 1993, at page 699, is hereby amended to read as follows:

Sec. 106.5. NRS 616.180 is hereby amended to read as follows:

616.180 1. The system may [, pursuant to the approval of the governor,] invest not to exceed 10 percent of the total assets of the state insurance fund in rehabilitation buildings and facilities and facilities and office buildings in this state. The system shall cooperate with the state public works board in all planning and construction undertaken by the system pursuant to this section. The system may occupy whatever room or rooms are necessary for the performance of its duties, and any such buildings or portions thereof not occupied by the system may be rented only to other state agencies, departments, commissions, bureaus and officers.

2. The title of any real property purchased under the authority granted by subsection 1 must be examined and approved by the attorney general.

3. Any income derived from rentals must be accounted for separately and deposited in the appropriate account of the system.

4. The system may [, pursuant to the approval of the governor,] sell any real property acquired by it pursuant to the provisions of subsection 1. All money received by the system for the sale of such real property must be deposited in the state insurance fund.

5. Chapter 587, Statutes of Nevada 1995, at page 2170, is hereby amended by adding thereto a new section to be designated as section 146.5, immediately following section 146, to read as follows:

Sec. 146.5. Section 88 of chapter 580, Statutes of Nevada 1995, at page 2025, is hereby amended to read as follows:

Sec. 88. NRS 616.400 is hereby amended to read as follows:

616.400 1. Every employer insured by the system shall, at intervals established by the manager, furnish the system with a true and accurate payroll showing:

(a) The total amount paid to employees for services performed;

(b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and

together with the premium due thereon. The payroll and premium must be furnished to the system on or before the date established by the manager for the receipt of the payroll and premium.

2. [In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be the first $36,000 paid to the employee during the calendar year.

3. Except as otherwise provided in this subsection, any] Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance [for a period of more than 60 days. If an employer's premiums are less than $300 in a given year, the premiums must be paid at intervals] at an interval established by the manager.

[4.] 3. Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.

[5.] 4. If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

[6.] 5. The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

[7.] 6. The system may impose a penalty not to exceed [4] 10 percent of the premiums which are due for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

[8.] 7. To the extent permitted by federal law, the system shall vigorously pursue the collection of premiums that are due under the provisions of this chapter even if an employer's debts have been discharged in a bankruptcy proceeding.

Sec. 42 Section 8 of chapter 589, Statutes of Nevada 1995, at page 2176, is hereby amended to read as follows:

Sec. 8. NRS 598.0999 is hereby amended to read as follows:

598.0999 1. A person who violates any court order or injunction issued pursuant to NRS 598.0903 to 598.0997, inclusive, and section 3 of this act, upon a complaint brought by the commissioner, the director, the district attorney of any county of this state or the attorney general shall forfeit and pay to the state general fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing any such order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0997, inclusive.

2. In any action brought pursuant to NRS 598.0979 to 598.099, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the commissioner, the director, the district attorney of any county in this state or the attorney general bringing the action may recover a civil penalty not to exceed $2,500 for each violation.

3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

(a) For the first offense, is guilty of a misdemeanor.

(b) For the second offense, is guilty of a gross misdemeanor.

(c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

4. Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

5. If a person violates any provision of NRS 598.0903 to 598.0999, 598.100 to 598.280, inclusive, 598.281 to 598.289, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

(a) The suspension of the person's privilege to conduct business within this state; or

(b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

Sec. 43 Section 8 of chapter 590, Statutes of Nevada 1995, at page 2183, is hereby amended to read as follows:

Sec. 8. NRS 482.181 is hereby amended to read as follows:

482.181 1. Except as otherwise provided in subsection [4,] 5, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and section 1 of [this act.] chapter 717, Statutes of Nevada 1995.

3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies and tax increment areas, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county's general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district's debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district's debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

4. The tax rate for the fiscal year beginning on July 1, 1980, of an unincorporated town created after July 1, 1980, for which the Nevada tax commission establishes the allowed revenue from taxes ad valorem or basic ad valorem revenue pursuant to subsection 4 of NRS 354.5987 shall be deemed to be the average tax rate levied for the fiscal year beginning on July 1, 1980, by other unincorporated towns included in the same common levy authorized by NRS 269.5755 which were in existence on July 1, 1980.

5. An amount equal to any basic privilege tax distributed to a redevelopment agency or tax increment area in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.

[5.] 6. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.

[6.] 7. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

Sec. 44 Section 2 of chapter 598, Statutes of Nevada 1995, at page 2220, is hereby amended to read as follows:

Sec. 2. NRS 217.220 is hereby amended to read as follows:

217.220 1. Except as otherwise provided in subsections 2, 3 and 4, compensation must not be awarded if the victim:

(a) [Is a relative of the offender;

(b) Was, at the time of the personal injury or death of the victim, living with the offender in a continuing relationship;

(c)] Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle [was used in violation] injured a pedestrian, violated any of the provisions of NRS 484.379 or [its] the use of the vehicle was punishable pursuant to NRS 484.3795;

[(d)] (b) Was not a resident of the State of Nevada at the time the incident upon which the claim is based occurred [;

(e)] or he is unable to provide proof that he was a resident at that time;

(c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim's injuries; or

[(f)] (d) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.

2. [The provisions of paragraphs (a) and (b)] Paragraph (a) of subsection 1 [do] does not apply to a minor who was [:

(a) Involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730 or section 2 of this act;

(b) A victim of sexual abuse, as that term is defined in NRS 432B.100; or

(c) Physically] physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.

3. A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if:

(a) The offender would not profit by the compensation of the victim; and

(b) The offender was not in violation of NRS 484.379 or punishable pursuant to NRS 484.3795.

4. The compensation officer may deny an award if he determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:

(a) The value of the victim's dwelling;

(b) The value of one motor vehicle owned by the victim; or

5. As used in this section, "resident" means a person who:

(a) Is a citizen of the United States or who is lawfully entitled to reside in the United States; and

(b) During the 6 weeks preceding the date of the crime was:

(1) Domiciled in this state; and

(2) Physically present in this state, except for any temporary absence.

Sec. 45 1. Section 2 of chapter 601, Statutes of Nevada 1995, at page 2225, is hereby amended to read as follows:

Sec. 2. NRS 278.010 is hereby amended to read as follows:

278.010 As used in NRS 278.010 to 278.630, inclusive, section 1 of Assembly Bill No. 597 of this session , [and] section 1 of chapter 433, Statutes of Nevada 1995, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.011 to 278.0195, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

2. Chapter 601, Statutes of Nevada 1995, at page 2229, is hereby amended by adding thereto a new section to be designated as section 11, immediately following section 10, to read as follows:

Sec. 11. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1995.

Sec. 46 Section 6 of chapter 603, Statutes of Nevada 1995, at page 2233, is hereby amended to read as follows:

Sec. 6. 1. In addition to the relocation benefits provided pursuant to section 5 of this act, each person who is displaced from his business establishment as a result of the acquisition of property by an agency created pursuant to chapter 279 of NRS or by any person or entity acting on behalf of, in cooperation with or under contract with such an agency, and whose lease of the premises on which the establishment is situated is terminated as a consequence of the acquisition, must be paid:

(a) The actual, reasonable and necessary costs of alterations and other physical changes that are required to be made to a new location to render it suitable for the operation of the business;

(b) The actual, reasonable and necessary costs of modifications made to machinery, equipment and other personal property moved to the new location which were necessary for the operation of the business, except that such costs must not exceed the acquisition cost of the machinery, equipment and other personal property less accumulated depreciation;

(c) The prorated fees for any licenses, permits or certifications that must be obtained for the business to operate in the new location;

(d) The actual, reasonable and necessary fees for professional services incurred in connection with the acquisition of a replacement site, including the services of architects, appraisers, attorneys, engineers, realtors and other consultants; and

(e) A sum equal to:

(1) An amount which, when added to the amount that the tenant formerly paid in rent, will enable him to rent or lease a comparable business location on the current market for a term equal to the period that would have remained on his lease if it had not been terminated as a result of the acquisition of the property or 3 years, whichever is greater; or

(2) The fair market value of the business as determined in accordance with subsection 6 of NRS 37.009 if the business owner is unable to relocate his business establishment to a comparable new location because of the operation of a governmental ordinance, regulation or restriction or because a comparable business location is not available.

2. The provisions of this section do not apply to month-to-month tenancies.

3. The provisions of this section do not apply to a business which executes an initial lease within 1 year before the approval of a development agreement or other similar action of a governmental body identifying the property that will be acquired, unless the business is renewing a lease on a site that it has occupied for more than 1 year before the identification of the property that will be acquired.

4. A governmental body may adopt ordinances or regulations or take any other appropriate action which allows a business to be relocated to a comparable business location.

5. As used in this section, "comparable business location" means a location that is decent, safe and sanitary, adequate in size for the needs of the displaced business, functionally equivalent for the purposes of the displaced business and located in an area not subject to unreasonably adverse environmental conditions.

6. Nothing contained in this section requires a governmental body to relocate a business to a location in a redevelopment area or an area similar to a redevelopment area, or to provide the benefits that a location in a redevelopment area would provide.

Sec. 47 Sections 4, 31 and 49 of chapter 608, Statutes of Nevada 1995, at pages 2256, 2269 and 2281, respectively, are hereby amended to read respectively as follows:

Sec. 4. 1. A person who works in a voter registration agency shall not:

(a) Seek to influence an applicant's political preference or party registration;

(b) Display a political preference or party allegiance in a place where it can be seen by an applicant;

(c) Make any statement or take any action to discourage an applicant from registering to vote; or

(d) Make any statement or take any action which would lead the applicant to believe that a decision to register to vote has any effect on the availability of any services or benefits provided by the state or Federal Government.

2. A person who violates any of the provisions of this section is guilty of a felony.

3. A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

Sec. 31. NRS 293.505 is hereby amended to read as follows:

293.505 1. All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

2. The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.

3. A field registrar shall demand of any person who applies for registration all information required by the [affidavit of registration,] application to register to vote and shall administer all oaths required by this chapter.

4. When a field registrar has in his possession five or more completed [affidavits of registration,] applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

5. Immediately after the close of registration, each field registrar shall forward to the county clerk all completed [affidavits] applications in his possession. Within 5 days after the close of registration for a general election or general city election, a field registrar shall return all unused [affidavits] applications in his possession to the county clerk. If all of the unused [affidavits] applications are not returned to the county clerk, the field registrar shall account for the unreturned [affidavits.] applications.

6. Each field registrar shall submit to the county clerk a list of the serial numbers of the completed [affidavits of registration] applications to register to vote and the names of the electors on those [affidavits.] applications. The serial numbers must be listed in numerical order.

7. Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.

8. A field registrar shall not:

(a) Delegate any of his duties to another person; or

(b) Refuse to register a person on account of that person's political party affiliation.

9. A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.

10. A county clerk or field registrar shall not:

(a) Solicit a vote for or against a particular question or candidate;

(b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

(c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

while he is registering an elector.

11. When the county clerk receives [affidavits of registration] applications to register to vote from a field registrar he shall issue a receipt to the field registrar. The receipt must include:

(a) The number of persons registered; and

(b) The political party of the persons registered.

12. A county clerk or field registrar shall not:

(a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading [affidavit of registration;] application to register to vote;

(b) Alter or deface an [affidavit of registration] application to register to vote that has been signed by an elector except to correct information contained in the [affidavit] application after receiving notice from the elector that a change in or addition to the information is required; or

(c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.

13. If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

14. A person who violates any of the provisions of subsections 8 to 12, inclusive, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Sec. 49. NRS 293.800 is hereby amended to read as follows:

293.800 1. A person who, either for himself or another, willfully gives a false answer or answers to questions propounded to him by the registrar or field registrar of voters relating to the information called for by the [affidavit of registration,] application to register to vote, or who willfully falsifies his [affidavit of registration] application in any particular, or who violates any of the provisions of the election laws of this state, or knowingly encourages another to violate such laws is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. A public officer or other person, upon whom any duty is imposed by this Title, who willfully neglects his duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this state, [is,] except where some other penalty is provided, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

3. If the person is a public officer, his office is forfeited upon conviction of any offense provided for in subsection 2.

4. A person who causes or endeavors to cause his name to be registered, knowing that he is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause the registration to be made, and any other person who induces, aids, or abets the person in the commission of either of the acts is guilty of a category D felony and shall be punished as provided in NRS 193.130.

5. A field registrar or other person who:

(a) Knowingly falsifies [a registration form,] an application to register to vote or knowingly causes [such a form] an application to be falsified; or

(b) Knowingly provides money or other compensation to another for a falsified [registration form,] application to register to vote,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Sec. 48 Section 9 of chapter 611, Statutes of Nevada 1995, at page 2293, is hereby amended to read as follows:

Sec. 9. NRS 178.484 is hereby amended to read as follows:

178.484 1. Except as otherwise provided in [subsection 5,] this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

2. A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

(a) A court issues an order directing that the person be admitted to bail;

(b) The state board of parole commissioners directs the detention facility to admit the person to bail; or

(c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.

3. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

[3.] 4. A person arrested for a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, must not be admitted to bail sooner than 12 hours after his arrest.

[4.] 5. The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

[5.] 6. Before a person may be admitted to bail, he must sign a document stating that:

(a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

(b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

(c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

Sec. 49 Section 11 of chapter 615, Statutes of Nevada 1995, at page 2307, is hereby amended to read as follows:

Sec. 11. Section 19 of Assembly Bill No. 677 of this session is hereby amended to read as follows:

Sec. 19. NRS 481.053 is hereby amended to read as follows:

481.053 1. The governor shall appoint the peace officers' standards and training committee.

2. The committee consists of seven members, one appointed from Clark County, one from Washoe County, three from any other counties, one from category II peace officers and one from category III peace officers. Members serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.

3. The governor shall make the appointments from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state, category II peace officers and category III peace officers.

4. The committee shall:

(a) Meet at the call of the chairman, who must be elected by the members of the committee.

(b) Provide for and encourage the training and education of peace officers in order to improve the system of criminal justice.

(c) Adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers.

(d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.

(e) Carry out the duties required of the committee pursuant to NRS 432B.610 and 432B.620.

5. Regulations adopted by the committee:

(a) Apply to all agencies of the state and of local governments which employ persons as peace officers;

(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and

6. The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.

7. As used in this section:

(a) "Category II peace officer" means:

(1) The bailiff of the supreme court;

(2) The bailiffs of the district courts, justices' courts and municipal courts whose duties require them to carry weapons and make arrests;

(3) Constables and their deputies whose official duties require them to carry weapons and make arrests;

(4) Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;

(5) Parole and probation officers;

(6) Special investigators who are employed full time by the office of any district attorney or the attorney general;

(7) Investigators of arson for fire departments who are specially designated by the appointing authority;

(8) The assistant and deputies of the state fire marshal;

(9) The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred in chapter 565 of NRS;

(10) Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;

(11) School police officers employed by the board of trustees of any county school district;

(12) Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 281.0353, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

(13) Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;

(14) Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;

(15) Legislative police officers of the State of Nevada;

(16) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140;

(17) Parole counselors of the division of child and family services of the department of human resources;

(18) Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

(19) Field investigators of the taxicab authority; [and]

(20) Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests [.] ; and

(21) The chief of a department of alternative sentencing created pursuant to section 9 of this act and the assistant alternative sentencing officers employed by that department.

(b) "Category III peace officer" means peace officers whose authority is limited to correctional services, and includes the superintendents and correctional officers of the department of prisons.

Sec. 50 1. Chapter 616, Statutes of Nevada 1995, at page 2310, is hereby amended by adding thereto new sections to be designated as sections 1.3, 1.5 and 1.7, immediately following section 1, to read respectively as follows:

Sec. 1.3. NRS 286.160 is hereby amended to read as follows:

286.160 1. The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst whose appointments are effective upon confirmation by the board. The operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst serve at the pleasure of the executive officer.

2. The executive officer, operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst are entitled to annual salaries fixed by the board with the approval of the interim retirement committee of the legislature. The salaries of these employees are exempt from the limitations of NRS 281.123.

3. The executive officer must:

(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.

(b) Possess at least 5 years' experience in a high level administrative or executive capacity, including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.

4. The operations officer and the investment officer must each be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.

5. [The] Except as otherwise provided in section 1 of this act, the executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.

Sec. 1.5. NRS 210.070 is hereby amended to read as follows:

210.070 1. [The] Except as otherwise provided in section 1 of this act, the superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.

2. He shall be the executive and administrative head of the school, subject to administrative supervision by the administrator, and as such shall have the following powers and duties:

(a) To exercise general supervision of and make and revise rules and regulations for the government of the school.

(b) To make and revise rules and regulations for the preservation of order and the enforcement of discipline.

(c) To be responsible for and to supervise the fiscal affairs and responsibilities of the school, and to purchase such supplies and equipment as may be necessary from time to time.

(d) To make quarterly reports to the administrator, and to supply the administrator with material on which to base proposed legislation.

(e) To keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

(f) To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.010 to 210.290, inclusive.

(g) To submit a biennial report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the administrator of the condition, operation and functioning of the school, and anticipated needs of the school.

(h) To keep the public informed in regard to the activities and operation of the school, and to disseminate other information which will acquaint the public with juvenile correctional problems.

(i) To designate a person or persons to classify and assign juveniles to programs in the school. The program assignment shall be made on the following basis:

(1) As soon as practicable after an individual is received, and in any case no later than the expiration of the first 30 days, his file shall be studied and he shall be interviewed and a determination made as to the program of education, employment, training, treatment, care and custody appropriate for him. A record of such program assignment shall be made and shall be a part of his written record file. A staff member shall be designated for each individual as his staff counselor.

(2) The program assignment shall be reviewed at least once every 3 months and the individual shall be interviewed if it is deemed desirable or if he so requests. After review, such changes in his program of education, employment, training, treatment, care and custody may be made as are considered necessary or desirable and a record thereof made a part of the file. If the individual requests a change in his program and such request is denied, the basis for denial shall be given to him and a written statement thereof shall be made a part of his file.

(3) The basic objective of the program assignment is to change the behavior, attitude and thinking of the individual so that he can once again function freely in his normal environment.

Sec. 1.7. NRS 210.480 is hereby amended to read as follows:

210.480 1. [The] Except as otherwise provided in section 1 of this act, the superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.

2. He is the executive and administrative head of the school, subject to administrative supervision by the administrator, and as such shall:

(a) Exercise general supervision of and make and revise rules and regulations for the government of the school.

(b) Make and revise rules and regulations for the preservation of order and the enforcement of discipline.

(c) Be responsible for and supervise the fiscal affairs and responsibilities of the school, and purchase such supplies and equipment as may be necessary from time to time.

(d) Make quarterly reports to the administrator, and supply the administrator with material on which to base proposed legislation.

(e) Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

(f) Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.400 to 210.715, inclusive.

(g) Submit a biennial report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the administrator of the condition, operation and functioning of the school, and anticipated needs of the school.

(h) Keep the public informed in regard to the activities and operation of the school, and disseminate other information which will acquaint the public with juvenile correctional problems.

(i) Designate a person or persons to classify and assign juveniles to programs in the school. The program assignment shall be made on the following basis:

(1) As soon as practicable after a person is received, and in any case no later than the expiration of the first 30 days, his file must be studied and he must be interviewed and a determination made as to the program of education, employment, training, treatment, care and custody appropriate for him. A record of such program assignment must be made and must be a part of his written record file. A staff member must be designated for each person as his staff counselor.

(2) The program assignment must be reviewed at least once every 3 months and the person must be interviewed if it is deemed desirable or if he so requests. After review, such changes in his program of education, employment, training, treatment, care and custody may be made as are considered necessary or desirable and a record thereof made a part of the file. If the person requests a change in his program and the request is denied, the basis for denial must be given to him and a written statement thereof must be made a part of his file.

(3) The basic objective of the program assignment must be to change the behavior, attitude and thinking of the person so that he can once again function freely in his normal environment.

2. Chapter 616, Statutes of Nevada 1995, at page 2310, is hereby amended by adding thereto new sections to be designated as sections 2.1 to 2.7, inclusive, immediately following section 2, to read respectively as follows:

Sec. 2.1. NRS 223.085 is hereby amended to read as follows:

223.085 [Employees] Except as otherwise provided in section 1 of this act, employees in the governor's office in the unclassified service of the state shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.

Sec. 2.2. NRS 225.060 is hereby amended to read as follows:

225.060 1. The secretary of state may, under his hand and seal, appoint deputies in the unclassified service of the state, who may, during his absence from the office, perform all the duties of a ministerial nature belonging to the office.

2. For his own security, the secretary of state may require each deputy to give him a bond in such sum and with such sureties as he may deem sufficient.

3. [Such] Except as otherwise provided in section 1 of this act, such deputies shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other office of profit.

Sec. 2.3. NRS 226.100 is hereby amended to read as follows:

226.100 1. The state treasurer may appoint and employ a chief deputy and a deputy cashier in the unclassified service of the state.

2. [The] Except as otherwise provided in section 1 of this act, the chief deputy state treasurer and deputy cashier shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.

Sec. 2.4. NRS 227.100 is hereby amended to read as follows:

227.100 1. The state controller may appoint a deputy in the unclassified service of the state, who may, in the absence of the state controller, do all acts devolving upon and necessary to be performed by the state controller, except the signing of state warrants and bonds.

2. [The] Except as otherwise provided in section 1 of this act, the deputy state controller and other employees shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.

Sec. 2.5. NRS 228.320 is hereby amended to read as follows:

228.320 1. The attorney general shall appoint the consumer's advocate for a term of 4 years. The consumer's advocate is in the unclassified service of the state. The person appointed:

(a) Must be knowledgeable in the various areas of the regulation of public utilities;

(b) Must be independent of and have no pecuniary interest in any utility or industry regulated by the public service commission of Nevada;

(c) [Shall] Except as otherwise provided in section 1 of this act, shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit; and

(d) Must not be a member of any political convention or a member of any committee of any political party.

2. The attorney general may remove the consumer's advocate from office for inefficiency, neglect of duty or malfeasance in office.

Sec. 2.6. NRS 231.080 is hereby amended to read as follows:

231.080 The executive director of the commission on economic development:

1. Must be appointed by the governor from a list of three persons submitted to the governor by the commission. The person appointed as executive director must have had successful experience in the administration and promotion of a program comparable to that provided in NRS 231.020 to 231.130, inclusive.

2. Is responsible to the commission and serves at its pleasure.

3. Shall , except as otherwise provided in section 1 of this act, devote his entire time to the duties of his office, and he shall not follow any other gainful employment or occupation.

Sec. 2.7. NRS 231.210 is hereby amended to read as follows:

231.210 The executive director of the commission on tourism:

1. Must be appointed by the governor from a list of three persons submitted to him by the commission.

2. Is responsible to the commission and serves at its pleasure.

3. Shall , except as otherwise provided in section 1 of this act, devote his entire time to the duties of his office, and he shall not follow any other gainful employment or occupation.

3. Chapter 616, Statutes of Nevada 1995, at page 2312, is hereby amended by adding thereto a new section to be designated as section 12.5, immediately following section 12, to read as follows:

Sec. 12.5. NRS 233A.055 is hereby amended to read as follows:

233A.055 1. The governor, upon recommendation of the commission, shall appoint an executive director of the commission who has had successful experience in the administration and promotion of a program comparable to that provided by this chapter.

2. The executive director of the commission is in the unclassified service of the state.

3. [The] Except as otherwise provided in section 1 of this act, the executive director of the commission shall devote his entire time to the duties of his office and shall not follow any other gainful employment or occupation.

4. Chapter 616, Statutes of Nevada 1995, at page 2314, is hereby amended by adding thereto a new section to be designated as section 15.5, immediately following section 15, to read as follows:

Sec. 15.5. NRS 385.320 is hereby amended to read as follows:

385.320 The deputy superintendent of instructional, research and evaluative services and the deputy superintendent for administrative and fiscal services:

1. Are in the unclassified service of the state.

2. [Shall] Except as otherwise provided in section 1 of this act, shall each devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

5. Chapter 616, Statutes of Nevada 1995, at page 2314, is hereby amended by adding thereto new sections to be designated as sections 17.3, 17.5 and 17.7, immediately following section 17, to read respectively as follows:

Sec. 17.3. NRS 408.175 is hereby amended to read as follows:

408.175 1. The director shall:

(a) Appoint one deputy director who in the absence, inability or failure of the director has full authority to perform any duty required or permitted by law to be performed by the director.

(b) Employ such engineers, engineering and technical assistants, clerks and other personnel as in his judgment may be necessary to the proper conduct of the department and to carry out the provisions of this chapter.

2. [The] Except as otherwise provided in section 1 of this act, the deputy director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

Sec. 17.5. NRS 412.046 is hereby amended to read as follows:

412.046 [The] Except as otherwise provided in section 1 of this act, the adjutant general shall not hold any city, county, state or federal office of profit while serving as adjutant general.

Sec. 17.7. NRS 412.054 is hereby amended to read as follows:

412.054 1. The adjutant general may appoint two assistant adjutants general, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as chief of staff for army and chief of staff for air, respectively, at the pleasure of the adjutant general or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.

2. To be eligible for appointment to the office of assistant adjutant general, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years' service in the Nevada National Guard as a federally recognized officer, 3 years of which must be immediately before his appointment.

3. An assistant adjutant general may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of brigadier general. He may be promoted by the governor to any grade not exceeding that of brigadier general.

4. The assistant adjutants general shall perform such duties as may be assigned by the adjutant general.

5. Whoever serves as chief of staff for army is in the unclassified service of the state and , except as otherwise provided in section 1 of this act, shall not hold any other city, county, state or federal office of profit.

6. In the event of the absence or inability of the adjutant general to perform his duties, he shall designate by office regulations:

(a) One of the assistant adjutants general to perform the duties of his office as acting adjutant general.

(b) If neither assistant adjutant general is available, any national guard officer to be the acting adjutant general.

The designated assistant adjutant general or designated officer may continue to receive his authorized salary while so serving as acting adjutant general, and shall so serve until the adjutant general is again able to perform the duties of his office, or if the office is vacant, until an adjutant general is regularly appointed and qualified.

6. Chapter 616, Statutes of Nevada 1995, at page 2315, is hereby amended by adding thereto new sections to be designated as sections 21.3 and 21.5, immediately following section 21, to read respectively as follows:

Sec. 21.3. NRS 463.060 is hereby amended to read as follows:

463.060 1. [Each] Except as otherwise provided in section 1 of this act, each member shall devote his entire time and attention to the business of the board and shall not pursue any other business or occupation or hold any other office of profit.

2. A member shall not be:

(a) A member of any political convention.

(b) A member of any committee of any political party, or engage in any party activities.

3. A member shall not be pecuniarily interested in any business or organization holding a gaming license under this chapter or doing business with any person or organization licensed under this chapter.

4. Before entering upon the duties of his office, each member shall subscribe to the constitutional oath of office and, in addition, swear that he is not pecuniarily interested in any business or organization holding a gaming license or doing business with any such person or organization. The oath of office shall be filed in the office of the secretary of state.

Sec. 21.5. NRS 463.085 is hereby amended to read as follows:

463.085 1. The position of executive secretary of the state gaming control board and of the Nevada gaming commission is hereby created.

2. The executive secretary:

(a) Is appointed by the board with the approval of the commission, and may be removed by the board with the concurrence of the commission.

(b) Is responsible for the conduct of the commission's administrative matters and shall assist the board in administrative matters.

(c) Shall , except as otherwise provided in section 1 of this act, devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

3. The executive secretary is entitled to an annual salary in the amount specified by the commission within the limits of legislative appropriations or authorizations.

7. Chapter 616, Statutes of Nevada 1995, at page 2316, is hereby amended by adding thereto new sections to be designated as sections 26.3 and 26.5, immediately following section 26, to read respectively as follows:

Sec. 26.3. NRS 538.133 is hereby amended to read as follows:

538.133 1. The commission shall appoint a director.

2. The director is in the unclassified service of the state.

3. [The] Except as otherwise provided in section 1 of this act, the director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

Sec. 26.5. NRS 538.137 is hereby amended to read as follows:

538.137 1. The director shall appoint a deputy director and shall designate his duties.

2. The deputy director of the commission is in the unclassified service of the state.

3. [The] Except as otherwise provided in section 1 of this act, the deputy director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

8. Chapter 616, Statutes of Nevada 1995, at page 2318, is hereby amended by adding thereto a new section to be designated as section 34.5, immediately following section 34, to read as follows:

Sec. 34.5. NRS 679B.020 is hereby amended to read as follows:

679B.020 1. The chief officer of the division is the commissioner appointed as provided in NRS 232.820.

2. The commissioner shall not:

(a) [Engage] Except as otherwise provided in section 1 of this act, engage in any other occupation, business or activity that is in any way inconsistent with the performance of his duties as commissioner;

(b) Hold any other public office;

(c) Directly or indirectly solicit or receive, or be in any manner concerned with soliciting or receiving, any assessment, subscription, contribution or service, whether voluntary or involuntary, for any political purpose whatever, from any person within or without the state; or

(d) Act as an officer or manager for any candidate, political party or committee organized to promote the candidacy or any person for any public office.

9. Chapter 616, Statutes of Nevada 1995, at page 2318, is hereby amended by adding thereto a new section to be designated as section 35.5, immediately following section 35, to read as follows:

Sec. 35.5. NRS 703.040 is hereby amended to read as follows:

703.040 1. All of the commissioners shall be persons who are independent of the industries regulated by the commission and who possess demonstrated competence.

2. No commissioner may be pecuniarily interested in any public utility in this state or elsewhere.

3. [The] Except as otherwise provided in section 1 of this act, the commissioners shall give their entire time to the business of the commission and shall not pursue any other business or vocation or hold any other office of profit.

4. No commissioner may be a member of any political convention or a member of any committee of any political party.

Sec. 51 1. Sections 7, 9, 10 and 14 of chapter 621, Statutes of Nevada 1995, at pages 2345, 2346 and 2349, are hereby amended to read respectively as follows:

Sec. 7. NRS 41A.023 is hereby amended to read as follows:

41A.023 1. [The] For cases involving medical or dental malpractice, the board of governors of the Nevada Trial Lawyers Association may designate 40 of its members to serve on the northern tentative screening panel and 60 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.

2. [The] For cases involving medical malpractice, the executive committee of the Nevada State Medical Association may designate 40 of its members to serve on the northern tentative screening panel and 60 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.

3. [The] For cases involving medical malpractice, the Nevada Hospital Association may designate 40 administrators of hospitals and other persons employed by hospitals in management positions to serve as nonvoting members of the tentative screening panels. Each person so designated shall serve for a term of 1 year.

4. For cases involving dental malpractice, the Nevada State Dental Association may designate 40 of its members to serve on the northern tentative screening panel and 40 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.

Sec. 9. NRS 41A.039 is hereby amended to read as follows:

41A.039 1. A claim of medical or dental malpractice is properly presented to a screening panel by filing a complaint with the division. A fee of $350 must accompany the complaint.

2. The complaint must contain a clear and concise statement of the facts of the case, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical or dental malpractice. A screening panel may dismiss a complaint if the complaint is filed without an affidavit supporting the allegations of the complaint submitted by a medical expert.

3. The person against whom a complaint is made must, within 30 days after receipt of the complaint, file an answer with the division, accompanied by a fee of $350.

4. The claimant may respond only to the allegations of the answer or any accompanying affidavit by filing a written response with the division within 21 days after he receives the answer. The panel shall disregard any portion of the response that does not address an allegation raised in the answer or an affidavit accompanying the answer. No fee may be charged or collected by the division for the filing of the response.

5. A copy of any pleading required by this section to be filed with the division must be delivered by the party, by certified or registered mail, to each opposing party or, if he is represented in the proceedings by counsel, to his attorney.

6. The fees provided by this section must not be charged or collected more than once:

(a) From any party; or

(b) For the filing of any complaint, regardless of the number of parties joined in the complaint.

Sec. 10. NRS 41A.043 is hereby amended to read as follows:

41A.043 1. Within 35 days after the expiration of the time in which to answer the complaint of medical or dental malpractice, the division shall hold a conference to resolve any issues as to challenges for cause. For good cause shown, the division may continue the conference once, for a period not to exceed 7 days. A party may challenge any person on the tentative screening panel for cause on any of the grounds provided by NRS 16.050 for the challenge of jurors.

2. The division shall determine whether cause exists to excuse any member of the tentative screening panel and shall notify each party of the excused members no later than the completion of the conference required by subsection 1.

3. Except as otherwise provided in this subsection, each party is entitled to not more than:

(a) Three peremptory challenges from the list of attorneys [; and] in cases involving medical or dental malpractice;

(b) Three peremptory challenges from the list of physicians [.] in cases involving medical malpractice; and

(c) Three peremptory challenges from the list of dentists in cases involving dental malpractice.

In any case in which there are two or more claimants or respondents, they are collectively entitled to not more than six peremptory challenges from the list of members selected for the tentative screening panel. Each party asserting a peremptory challenge shall notify the division of the challenge at the conference required by subsection 1.

4. [The] In cases involving medical malpractice, the division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three physicians, three attorneys and, if a hospital is also named in the complaint, one administrator of a hospital or person employed by a hospital in a management position, to serve on the screening panel for review of a claim of medical malpractice, but the representative of a hospital may not vote on any claim before the screening panel.

5. In cases involving dental malpractice, the division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three dentists and three attorneys to serve on the screening panel for review of the claim.

6. The division shall notify the parties and the members selected to serve on the screening panel immediately after it has made the selections. If any member so selected declines to serve, the division shall immediately and randomly select a replacement from the list. The division shall not release or disclose to any person the names of the members selected.

[6.] 7. If, because of the exercise of challenges for cause or peremptory challenges or any other reason, no attorney, dentist, physician or administrator of a hospital designated pursuant to NRS 41A.023 remains available to serve on the screening panel, the division shall immediately notify the Nevada Trial Lawyers Association, the Nevada State Medical Association , the Nevada State Dental Association or the Nevada Hospital Association, as appropriate, and that association shall immediately designate a replacement from among its members. No person who is not so designated may serve on the screening panel.

Sec. 14. NRS 41A.056 is hereby amended to read as follows:

41A.056 1. If the screening panel finds in favor of the claimant and a cause of action involving medical or dental malpractice is thereafter filed in district court, a conference for settlement must be held as provided in NRS 41A.059.

2. If the determination is not in favor of the claimant, the claimant may file an action in court. If the claimant does not obtain a judgment in his favor in court, the defendant must be awarded reasonable costs and attorney's fees incurred after the date of filing the action in court.

3. If the screening panel is unable, for any reason, to reach a decision, the claimant may file a civil action or proceed no further with the complaint.

4. If the claimant files a civil action in district court, a person may not be named as a party in the action unless the person was named as a party in the complaint which was filed with the division and considered by the screening panel.

2. Chapter 621, Statutes of Nevada 1995, at page 2352, is hereby amended by adding thereto a new section to be designated as section 20, immediately following section 19, to read as follows:

Sec. 20. Sections 7, 9, 10 and 14 of this act become effective at 12:01 a.m. on October 1, 1995.

Sec. 52 1. Sections 3, 5 and 10 of chapter 623, Statutes of Nevada 1995, at pages 2354, 2355 and 2357, respectively, are hereby amended to read respectively as follows:

Sec. 3. A charitable organization may sell a vehicle which has been donated to the organization without complying with the provisions of subsection 1 of NRS 482.322 if:

1. No member, director, officer, employee or agent of the charitable organization has a pecuniary interest in the sale of the vehicle; and

2. The charitable organization ensures that the insurance required pursuant to NRS 485.185 is provided for that vehicle until it is purchased.

Sec. 5. NRS 482.010 is hereby amended to read as follows:

482.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, [and] section 2 of Assembly Bill No. 352 of this session , section 2 of chapter 625, Statutes of Nevada 1995, and section 2 of this act, have the meanings ascribed to them in those sections.

Sec. 10. 1. Sections 7 and 8 of this act become effective at 12:01 a.m. on October 1, 1995.

2. Section 5 of this act becomes effective at 12:02 a.m. on October 1, 1995.

2. Chapter 623, Statutes of Nevada 1995, at page 2357, is hereby amended by adding thereto a new section to be designated as section 9.5, immediately following section 9, to read as follows:

Sec. 9.5. Section 5 of chapter 624, Statutes of Nevada 1995, at page 2359, is hereby amended to read as follows:

Sec. 5. NRS 482.010 is hereby amended to read as follows:

482.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, section 2 of Assembly Bill No. 352 of this session, section 2 of chapter 625, Statutes of Nevada 1995, section 2 of chapter 623, Statutes of Nevada 1995, and section 2 of this act, have the meanings ascribed to them in those sections.

Sec. 53 Section 6 of chapter 624, Statutes of Nevada 1995, at page 2359, is hereby amended to read as follows:

Sec. 6. NRS 482.280 is hereby amended to read as follows:

482.280 1. The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present the application to any agent or office of the department.

2. An application mailed or presented to the department or to a county assessor pursuant to the provisions of this section, or presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281 must include:

(a) A signed declaration by the applicant that he has and will maintain, during the period of registration, insurance as required by NRS 485.185. Insurance may be provided by an operator's policy of liability insurance if the applicant and the policy meet the requirements of NRS 485.186 and 485.3091.

(b) If required, evidence of compliance with standards for control of emissions.

3. The department shall insert in each application mailed pursuant to subsection 1 [the] :

(a) The amount of privilege tax to be collected for the county pursuant to the provisions of NRS 482.260.

(b) The amount set forth in a notice of nonpayment filed with the department by a local authority pursuant to section 7 of this act.

4. An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.

Sec. 54 1. Sections 3 and 5 of chapter 630, Statutes of Nevada 1995, at pages 2388 and 2401, respectively, are hereby amended to read respectively as follows:

Sec. 3. Sections 208, 232, 380 and 386 of Senate Bill No. 416 of this session are hereby amended to read as follows:

Sec. 208. NRS 176.185 is hereby amended to read as follows:

176.185 1. Whenever [any person has been] a person is found guilty in a district court of a crime upon verdict or plea, [the court,] except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the [defendant] person is found to be a habitual criminal pursuant to NRS 207.010 , [or] a habitually fraudulent felon pursuant to section 2 of Assembly Bill No. 570 of this [act, may by its order] session or a habitual felon pursuant to section 180 of this act, the court:

(a) If the person is found guilty of a category E felony, shall suspend the execution of the sentence imposed and grant probation to the [convicted] person pursuant to NRS 193.130; or

(b) If the person is found guilty of any other felony, a gross misdemeanor or a misdemeanor, may suspend the execution of the sentence imposed and grant probation as the [judge thereof] court deems advisable.

2. In determining whether to place a person on probation, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to sections 197 to 204, inclusive, of this act.

3. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

[2.] 4. If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

[3. The district judge]

5. The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the [judge] court receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than [30] 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within [30] 45 days the district judge may grant probation without the written report.

[4.] 6. If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

Sec. 232. NRS 213.005 is hereby amended to read as follows:

213.005 As used in NRS 213.010 to 213.100, inclusive, and section 231 of this act, unless the context otherwise requires:

1. "Board" means the state board of pardons commissioners.

2. "Victim" includes:

(a) A person , including a governmental entity, against whom a crime has been committed;

(b) A person who has been injured or killed as a direct result of the commission of a crime; or

(c) [The surviving spouse, parents or children of such a person.] A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a "relative" of a person includes:

(1) A spouse, parent, grandparent or stepparent;

(2) A natural born child, stepchild or adopted child;

(3) A grandchild, brother, sister, half brother or half sister; or

(4) A parent of a spouse.

Sec. 380. Section 1 of Assembly Bill No. 396 of this session is hereby amended to read as follows:

Section 1. NRS 176.185 is hereby amended to read as follows:

176.185 1. [Whenever] Except as otherwise provided in this section, whenever a person is found guilty in a district court of a crime upon verdict or plea, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to section 2 of Assembly Bill No. 570 of this session or a habitual felon pursuant to section 180 of [this act,] Senate Bill No. 416 of this session, the court:

(a) If the person is found guilty of a category E felony, shall suspend the execution of the sentence imposed and grant probation to the person pursuant to NRS 193.130; or

(b) If the person is found guilty of any other felony, a gross misdemeanor or a misdemeanor, may suspend the execution of the sentence imposed and grant probation as the court deems advisable.

4. If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

5. The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the court receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within 45 days the district judge may grant probation without the written report.

6. If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

Sec. 386. Sections 2 and 4 of Assembly Bill No. 93 of this session are hereby amended to read as follows:

Sec. 2. NRS 209.429 is hereby amended to read as follows:

209.429 1. The director [may, at the request of an offender who has:

(a) Established a position of employment in the community; and

(b) Successfully completed the initial period of rehabilitation required under the program of treatment established pursuant to NRS 209.425,

assign the] shall assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term of his sentence [.] if:

(a) The offender has:

(1) Established a position of employment in the community;

(2) Enrolled in a program for education or rehabilitation; or

(3) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime;

(b) The offender has successfully completed the initial period of treatment required under the program of treatment established pursuant to NRS 209.425; and

(c) The director believes that the offender will be able to:

(1) Comply with the terms and conditions required under residential confinement; and

(2) Complete successfully the remainder of the program of treatment while under residential confinement.

If an offender assigned to the program of treatment pursuant to NRS 209.427, completes the initial phase of the program and thereafter refuses to enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before this refusal, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

2. Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the division a signed document stating that:

(a) He will comply with the terms or conditions of his residential confinement; and

(b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

3. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.

(b) The offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding forfeiture of credits is final.

4. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:

(a) A continuation of his imprisonment and not a release on parole; and

(b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.

5. A person does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, and section 3 of this act, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

Sec. 4. NRS 213.371 is hereby amended to read as follows:

213.371 As used in NRS 213.371 to 213.410, inclusive, and section 3 of this act, unless the context otherwise requires:

1. "Division" means the division of parole and probation of the department of motor vehicles and public safety.

2. "Offender" means a prisoner assigned to the custody of the division pursuant to NRS 209.429 or section 27 of [this act.] Assembly Bill No. 317 of this session.

3. "Residential confinement" means the confinement of an offender to his place of residence under the terms and conditions established by the division.

Sec. 5. Sections 2, 5, 11, 15 to 19, inclusive, 26 and 28 of Assembly Bill No. 393 of this session are hereby amended to read as follows:

Sec. 2. 1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:

(a) For the first offense:

(1) Require him to perform 100 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and

(2) Suspend his driver's license for not more than 1 year or, if he does not possess a driver's license, prohibit the child from applying for a driver's license for not more than 1 year:

(I) Immediately following the date of the order, if the child is eligible to apply for a driver's license.

(II) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.

(b) For the second offense:

(1) Require him to perform at least 100 hours, but not more than 250 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and

(2) Suspend his driver's license for not more than 2 years or, if he does not possess a driver's license, prohibit the child from applying for a driver's license for not more than 2 years:

(I) Immediately following the date of the order, if the child is eligible to apply for a driver's license.

(II) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.

2. If the court issues an order suspending the driver's license of a child pursuant to this section, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.

3. If, pursuant to this section, the court issues an order delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.

4. If a child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order an additional suspension or delay, as appropriate, to apply consecutively with the previous order.

5. The department of motor vehicles and public safety:

(a) Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

(b) Shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section, unless the suspension also resulted from his poor performance as a driver.

Sec. 5. NRS 62.385 is hereby amended to read as follows:

62.385 1. When a child applies for a driver's license, the department of motor vehicles and public safety shall notify the child of the provisions of paragraph (h) of subsection 1 of NRS 62.211 , [and] NRS 62.226 [.] and section 2 of this act.

2. After providing the notice pursuant to subsection 1, the department shall require the child to sign an affidavit acknowledging that he is aware that his driver's license may be suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211 , [or] NRS 62.226 [.] or section 2 of this act.

Sec. 11. NRS 202.287 is hereby amended to read as follows:

202.287 1. A person, while in a motor vehicle, whether under the influence of liquor, a controlled substance or otherwise, who maliciously or wantonly discharges or causes to be discharged out of the motor vehicle, any pistol, gun or any other kind of firearm:

(a) If the motor vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.

(b) If the motor vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

2. The provisions of this section do not apply to:

(a) A person who lawfully shoots at a game mammal or game bird pursuant to subsection 2 of NRS 503.010; or

(b) A peace officer while engaged in the performance of his official duties.

[3. As used in this section, "motor vehicle" means every vehicle which is self-propelled.]

Sec. 15. NRS 483.250 is hereby amended to read as follows:

483.250 The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:

1. To any person who is under the age of 16 years, except that the department may issue:

(a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.

(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.

2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

3. To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.

7. To any person who is not a resident of this state.

8. To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211 , [or] NRS 62.226 or section 2 of this act which delays his privilege to drive.

Sec. 16. NRS 483.460 is hereby amended to read as follows:

483.460 1. Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his 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:

(a) For a period of 3 years if the offense is:

(1) A violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

(2) A third or subsequent violation within 7 years of NRS 484.379.

(b) For a period of 1 year if the offense is:

(1) Any other manslaughter 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 under 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 under NRS 483.010 to 483.630, inclusive, or under 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 484.379 and the driver is not eligible for a restricted license during any of that period.

(6) A violation of NRS 484.348.

2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 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.

3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

4. The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:

(a) For 1 year if it is his first such offense during the period of required use of the device.

(b) For 5 years if it is his second such offense during the period of required use of the device.

5. When the department is notified that a court has, pursuant to paragraph (h) of subsection 1 of NRS 62.211 , [or] NRS 62.226 [,] or section 2 of this act, ordered the suspension or delay in issuance of a child's license, the department shall take such actions as are necessary to carry out the court's order.

Sec. 17. NRS 483.490 is hereby amended to read as follows:

483.490 1. Except as otherwise provided in subsection 2, after a driver's license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half 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 driver's license to an applicant permitting the applicant to drive a motor vehicle:

(a) To and from work or in the course of his work, or both; or

(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

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 he is issued a restricted license.

2. After a driver's license has been suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211 , [or] NRS 62.226 [,] or section 2 of this act, the department may issue a restricted driver's 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 work, or both; and

(b) If applicable, to and from school.

3. A driver who violates a condition of a restricted license issued under subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.

4. The periods of suspensions and revocations under this chapter and under NRS 484.384 must run consecutively, except as provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

5. 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. 18. NRS 483.495 is hereby amended to read as follows:

483.495 The department shall by regulation:

1. Except as otherwise provided in paragraph (h) of subsection 1 of NRS 62.211 , [and] subsection 4 of NRS 62.226 [,] and subsection 5 of section 2 of this act, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:

(a) Must provide for a fair evaluation of a person's ability to operate a motor vehicle; and

(b) May allow for the waiver of certain tests or requirements as the department deems necessary.

2. Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.

Sec. 19. NRS 483.580 is hereby amended to read as follows:

483.580 A person shall not cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211 , [or] NRS 62.226 [.] or section 2 of this act.

Sec. 26. Sections 7, 17 and 18 of Assembly Bill No. 374 of this session are hereby amended to read as follows:

Sec. 7. NRS 62.226 is hereby amended to read as follows:

62.226 1. Except as otherwise provided in subsection 3, whenever any child is found to have committed the unlawful act of:

(a) Using, possessing, selling or distributing a controlled substance; [or]

(b) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020 [,] ; or

(c) Placing graffiti on or otherwise defacing the public or private property, real or personal, of another, in violation of NRS 206.125 or section 3 of this act,

the judge, or his authorized representative, may, if the child possesses a driver's license, issue an order suspending the child's driver's license for not more than 2 years. If such an order is issued, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.

2. If the child does not possess a driver's license and the child is or will be eligible to apply for a driver's license within the 2 years immediately following the date of the order, the judge, or his authorized representative, may issue an order prohibiting the child from applying for a driver's license for a period specified by the court but not to exceed 2 years:

(a) Immediately following the date of the order, if the child is eligible to apply for a driver's license.

(b) After the date the child will be eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.

The court shall, within 5 days after issuing the order, forward to the department a copy of the order.

3. If a child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.

4. The department of motor vehicles and public safety [shall not:

(a) Treat] :

(a) Shall not treat such an unlawful act in the manner statutorily required for moving traffic violations.

(b) [Report] Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child's driving record [.

(c) Shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section unless the suspension also resulted from his poor performance as a driver.

Sec. 17. NRS 483.250 is hereby amended to read as follows: