A.B. 38

Assembly Bill No. 38–Committee on Judiciary

(On Behalf of the Legislative Counsel)

Prefiled January 31, 2003

____________

Referred to Committee on Judiciary

SUMMARY—Ratifies technical corrections made to NRS and Statutes of Nevada. (BDR S‑1027)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

~

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

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

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 and clarifying 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:

1-1 Section 1. Chapter 16, Statutes of Nevada 2001, at page 355,

1-2 is hereby amended by adding thereto a new section to be designated

1-3 as section 31.5, immediately following section 31, to read as

1-4 follows:

1-5 Sec. 31.5. Section 25 of chapter 600, Statutes of Nevada

1-6 1999, at page 3272, is hereby amended to read as follows:

1-7 Sec. 25. 1. This section and sections 1 to 6,

1-8 inclusive, 9 to 16, inclusive, 18 to 22, inclusive, and 26 of

1-9 this act become effective on July 1, 1999.

1-10 2. Sections 23 and 24 of this act become effective

1-11 upon passage and approval.

1-12 3. Sections 7 and 8 of this act become effective on

1-13 October 1, 1999.

2-1 4. Sections 4 and 16 of this act expire by limitation

2-2 on March 1, 2003.

2-3 5. Section 5 of this act expires by limitation on

2-4 September 1, 2003.

2-5 [6. Section 17 becomes effective on March 1, 2003.]

2-6 Sec. 2. Chapter 33, Statutes of Nevada 2001, at page 383, is

2-7 hereby amended by adding thereto a new section to be designated as

2-8 section 2.5, immediately following section 2, to read as follows:

2-9 Sec. 2.5. NRS 392.480 is hereby amended to read as

2-10 follows:

2-11 392.480 1. It is unlawful for any person to disturb the

2-12 peace of any public school by using vile or indecent language

2-13 within the building or grounds of the school. Any person who

2-14 violates any of the provisions of this subsection is guilty of a

2-15 misdemeanor.

2-16 2. It is unlawful for any person to assault any pupil or

2-17 school employee:

2-18 (a) Within the building or grounds of the school;

2-19 (b) On a bus, van or any other motor vehicle owned,

2-20 leased or chartered by a school district to transport pupils or

2-21 school employees; or

2-22 (c) At a location where the pupil or school employee is

2-23 involved in an activity sponsored by a public school.

2-24 Except under circumstances described in paragraph (c) or (d)

2-25 of subsection 2 of NRS 200.471 or in NRS 200.571, any

2-26 person who violates any of the provisions of this subsection is

2-27 guilty of a misdemeanor.

2-28 3. It is unlawful for any person maliciously and

2-29 purposely in any manner to interfere with or disturb any

2-30 persons peaceably assembled within a building of a public

2-31 school for school district purposes. Any person who violates

2-32 any of the provisions of this subsection is guilty of a

2-33 misdemeanor.

2-34 4. For the purposes of this section “school employee”

2-35 means any licensed or unlicensed person employed by a

2-36 board of trustees of a school district pursuant to

2-37 NRS 391.100.

2-38 Sec. 3. Section 5 of chapter 42, Statutes of Nevada 2001, at

2-39 page 402, is hereby amended to read as follows:

2-40 Sec. 5. Section 7 of chapter 566, Statutes of Nevada

2-41 1993, at page 2328, is hereby amended to read as follows:

2-42 Sec. 7. 1. The commission may do all things

2-43 necessary to establish and maintain a railway, including,

2-44 without limitation:

3-1 (a) Purchasing, leasing or otherwise acquiring right of

3-2 ways and constructing railways and any facilities or other

3-3 appurtenances it deems appropriate in connection

3-4 therewith; and

3-5 (b) Operating or granting franchises for the operation

3-6 of a railroad that carries passengers to locations within the

3-7 jurisdiction of the commission.

3-8 2. In addition to regulation by another agency related

3-9 to public health and safety that is required by local

3-10 ordinance or state or federal law, the commission shall

3-11 regulate all franchises and concessionaires who operate on

3-12 the right of way or property owned or leased by the

3-13 commission.

3-14 3. A railway acquired, constructed or leased by the

3-15 commission pursuant to this act is not a street railway for

3-16 the purposes of chapter 709 of NRS.

3-17 4. Notwithstanding any provision of Title 58 of NRS

3-18 to the contrary, the rates charged by a railroad operated by

3-19 the commission or pursuant to a franchise or other

3-20 agreement with the commission, are not subject to

3-21 regulation by the public [service] utilities commission of

3-22 Nevada.

3-23 Sec. 4. Section 1 of chapter 44, Statutes of Nevada 2001, at

3-24 page 404, is hereby amended to read as follows:

3-25 Section 1. Notwithstanding the provisions of NRS

3-26 354.723, chapter 265, Statutes of Nevada 1971, at page 384,

3-27 [and all amendments made thereto, is] sections 10 and 11 of

3-28 chapter 669, Statutes of Nevada 1971, at page 2052, section

3-29 5 of chapter 34, Statutes of Nevada 1973, at page 34,

3-30 sections 6 and 7 of chapter 306, Statutes of Nevada 1973, at

3-31 page 379, section 27 of chapter 344, Statutes of Nevada

3-32 1973, at page 429, section 8.7 of chapter 98, Statutes of

3-33 Nevada 1977, at page 205, sections 61 and 62 of chapter

3-34 482, Statutes of Nevada 1981, at pages 971 and 972,

3-35 respectively, section 11 of chapter 160, Statutes of Nevada

3-36 1983, at page 369, section 10 of chapter 361, Statutes of

3-37 Nevada 1983, at page 873, section 10 of chapter 208,

3-38 Statutes of Nevada 1985, at page 674, chapter 356, Statutes

3-39 of Nevada 1989, at page 735, section 5 of chapter 854,

3-40 Statutes of Nevada 1989, at page 2060, section 8 of chapter

3-41 515, Statutes of Nevada 1997, at page 2450, and section 17

3-42 of chapter 391, Statutes of Nevada 1999, at page 1861, are

3-43 hereby repealed.

4-1 Sec. 5. Section 18 of chapter 51, Statutes of Nevada 2001, at

4-2 page 452, is hereby amended to read as follows:

4-3 Sec. 18. Section 2.110 of the charter of the City of Elko,

4-4 being chapter 276, Statutes of Nevada 1971, as amended by

4-5 chapter 160, Statutes of Nevada 1983, at page 368, is hereby

4-6 amended to read as follows:

4-7 Sec. 2.110 Ordinances: Enactment procedure;

4-8 emergency ordinances.

4-9 1. All proposed ordinances when first proposed must

4-10 be read to the [board of supervisors] city council by title

4-11 and may be referred to a committee for consideration,

4-12 after which an adequate number of copies of the proposed

4-13 ordinance must be filed with the city clerk for public

4-14 distribution. Except as otherwise provided in subsection 3,

4-15 notice of the filing must be published once in a newspaper

4-16 qualified pursuant to the provisions of chapter 238 of

4-17 NRS, as amended from time to time, and published in the

4-18 city at least 10 days before the adoption of the ordinance.

4-19 The [board of supervisors] city council shall adopt or

4-20 reject the ordinance or an amendment thereto, within 30

4-21 days after the date of publication.

4-22 2. At the next regular meeting or adjourned meeting

4-23 of the [board of supervisors] city council following the

4-24 proposal of an ordinance, the ordinance must be

4-25 considered again with the report of the committee, if any.

4-26 Thereafter, it must be read as first introduced, or as

4-27 amended, and thereupon the proposed ordinance must be

4-28 finally voted upon or action thereon postponed.

4-29 3. In cases of emergency , [or where the ordinance is

4-30 of a kind specified in section 7.020,] by unanimous

4-31 consent of the [board of supervisors,] city council, final

4-32 action may be taken immediately or at a special meeting

4-33 called for that purpose, and no notice of the filing of the

4-34 copies of the proposed ordinance with the city clerk need

4-35 be published.

4-36 4. All ordinances must be signed by the mayor,

4-37 attested by the city clerk and published by title, together

4-38 with the names of the [supervisors] members of the city

4-39 council voting for or against passage, in a newspaper

4-40 qualified pursuant to the provisions of chapter 238 of

4-41 NRS, as amended from time to time, and published in the

4-42 city for at least one publication, before the ordinance

4-43 becomes effective. The [board of supervisors] city council

4-44 may, by majority vote, order the publication of the

4-45 ordinance in full in lieu of publication by title only.

5-1 5. The city clerk shall [record] keep on file all

5-2 ordinances [in a book kept for that purpose, together with]

5-3 , including the affidavits of publication by the publisher.

5-4 Sec. 6. Sections 7 and 8 of chapter 69, Statutes of Nevada

5-5 2001, at page 498, are hereby amended to read respectively as

5-6 follows:

5-7 Sec. 7. The board shall prepare and adopt a code of

5-8 conduct for holders of certificates of registration and

5-9 holders of a certificate to practice as a landscape architect

5-10 intern. The code must ensure the maintenance of a high

5-11 standard of integrity, dignity and professional responsibility

5-12 by members of the profession. Before adopting the code, the

5-13 board shall send a copy of the proposed code to each holder

5-14 of a certificate of registration and holder of a certificate to

5-15 practice as a landscape architect intern. Each holder of a

5-16 certificate of registration and holder of a certificate to

5-17 practice as a landscape architect intern may vote on any

5-18 provision included in the code. The board may adopt each

5-19 provision in the code unless 25 percent or more of the

5-20 holders of certificates of registration vote against that

5-21 provision.

5-22 Sec. 8. The board shall prepare and maintain a record

5-23 of each certificate of registration and certificate to practice

5-24 as a landscape architect intern. The record must include,

5-25 without limitation, the name of the holder of the certificate

5-26 of registration or the certificate to practice as a landscape

5-27 architect intern, the address at which he resides and the

5-28 number of his certificate of registration or certificate to

5-29 practice as a landscape architect intern. The board shall

5-30 make the record available:

5-31 1. For inspection by each holder of a certificate of

5-32 registration or certificate to practice as a landscape

5-33 architect intern in a manner prescribed by the board; and

5-34 2. For sale to a member of the general public who is

5-35 not a holder of a certificate of registration or certificate to

5-36 practice as a landscape architect intern.

5-37 Sec. 7. 1. Sections 1 and 3 of chapter 88, Statutes of Nevada

5-38 2001, at pages 558 and 560, respectively, are hereby amended to

5-39 read respectively as follows:

5-40 Section 1. Chapter 705 of NRS is hereby amended by

5-41 adding thereto a new section to read as follows:

5-42 1. The commission, or a corporation formed by the

5-43 commission pursuant to the laws of this state or the state of

5-44 California, as the commission deems appropriate, may issue

5-45 bonds, notes, obligations or other evidences of borrowing to

6-1 finance all or a part of the construction of all or a part of

6-2 the super speed ground transportation system. For purposes

6-3 of issuing bonds, notes, obligations or other evidences of

6-4 borrowing pursuant to this section, the commission and any

6-5 corporation formed by the commission are constituted

6-6 authorities for the purposes of regulations enacted by the

6-7 Internal Revenue Service pursuant to 26 U.S.C. §§ 103 and

6-8 141 to 150, inclusive.

6-9 2. Bonds, notes, obligations or other evidences of

6-10 borrowing issued by the commission or any corporation

6-11 formed by the commission which are issued to finance all or

6-12 any part of the construction of all or a part of the super

6-13 speed ground transportation system may be payable from

6-14 and secured by:

6-15 (a) A pledge of property of the commission or a

6-16 corporation formed by the commission pursuant to this

6-17 section;

6-18 (b) A pledge of any revenue of the super speed ground

6-19 transportation system, including revenue from fares,

6-20 revenue from advertising and all other revenue of the

6-21 system; and

6-22 (c) a pledge of any other money made available to the

6-23 commission or a corporation formed by the commission

6-24 pursuant to this section by:

6-25 (1) Grants from the Federal Government or any

6-26 other federal funds as may be available to pay costs of the

6-27 super speed ground transportation system or debt service on

6-28 any borrowing;

6-29 (2) Any company, public or private; or

6-30 (3) Any local government or governmental entity in

6-31 this state or in the State of California pursuant to an

6-32 intergovernmental agreement or otherwise.

6-33 3. The commission may enter into agreements with any

6-34 person, local government or governmental entity for the

6-35 provision of resources or assistance to the commission or a

6-36 corporation formed by the commission concerning the

6-37 financing of the super speed ground transportation system.

6-38 4. The commission or any corporation formed by the

6-39 commission pursuant to this section may issue obligations to

6-40 refund any obligations issued pursuant to the provisions of

6-41 this section and NRS 705.4291 to 705.4296, inclusive, for

6-42 any purpose the commission determines to be sufficient.

7-1 5. Nothing in this section authorizes the commission or

7-2 any corporation formed by the commission to obligate this

7-3 state or the State of California or any political subdivision

7-4 thereof unless such state or political subdivision has

7-5 obligated itself to the commission or a corporation created

7-6 by the commission through an intergovernmental

7-7 agreement.

7-8 6. Unless a specific statute of this state or the State of

7-9 California requires otherwise, upon dissolution of the

7-10 commission, all property of the commission must be

7-11 distributed between this state and the State of California in

7-12 an equitable manner as agreed upon by the states.

7-13 7. The creation, perfection, priority and enforcement of

7-14 any lien on pledged revenue or other money established to

7-15 secure any bond, note, obligation or other evidence of

7-16 borrowing issued pursuant to this section, must be as

7-17 specified in this section and in the instruments approved by

7-18 the commission pertaining to that bond, note, obligation or

7-19 other evidence of borrowing. It is the purpose of this section

7-20 to provide expressly for the creation, perfection, priority and

7-21 enforcement of a security interest created by the commission

7-22 in pledged revenues or other money in connection with

7-23 bonds, notes, obligations or other evidences of borrowing

7-24 issued pursuant to this section, as provided for in paragraph

7-25 (n) of subsection 4 of NRS 104.9109. Any lien on pledged

7-26 revenue or other money created to secure any bond, note,

7-27 obligation or other evidence of borrowing issued pursuant

7-28 to this section has priority over any lien thereon created

7-29 pursuant to the provisions of chapter 104 of NRS unless

7-30 otherwise provided in the instrument creating the lien to

7-31 secure such bond, note, obligation or other evidence of

7-32 borrowing issued pursuant to the provisions of this section.

7-33 Sec. 3. Section 7 of chapter 568, Statutes of Nevada

7-34 1987, at page 1359, as amended by section 4 of chapter 106,

7-35 Statutes of Nevada 1991, at page 177, is hereby amended to

7-36 read as follows:

7-37 Sec. 7. [1.] This act becomes effective on

7-38 January 1, 1988.

7-39 [2. This act expires by limitation 1 year after the date

7-40 on which the governor declares by public proclamation

7-41 that the super speed ground transportation system

7-42 connecting southern California with southern Nevada has

7-43 been completed.]

8-1 2. Chapter 88, Statutes of Nevada 2001, at page 560, is hereby

8-2 amended by adding thereto new sections to be designated as

8-3 sections 3.3 and 3.5, immediately following section 3, to read

8-4 respectively as follows:

8-5 Sec. 3.3. Section 5 of chapter 106, Statutes of Nevada

8-6 1991, at page 177, is hereby repealed.

8-7 Sec. 3.5. NRS 705.4291, 705.4292, 705.4293,

8-8 705.4294, 705.4295 and 705.4296 expire by limitation:

8-9 1. One year after the date on which the governor

8-10 declares by public proclamation that the super speed ground

8-11 transportation system connecting southern California with

8-12 southern Nevada has been completed; or

8-13 2. On the date all borrowing made pursuant to section 1

8-14 of this act is retired,

8-15 whichever is later.

8-16 Sec. 8. Sections 1 and 5 of chapter 99, Statutes of Nevada

8-17 2001, at pages 583 and 586, respectively, are hereby amended to

8-18 read respectively as follows:

8-19 Section 1. Chapter 482 of NRS is hereby amended by

8-20 adding thereto a new section to read as follows:

8-21 1. Except as otherwise provided in this subsection, the

8-22 department, in cooperation with the Northern Nevada

8-23 Railway Foundation or its successor, shall design, prepare

8-24 and issue license plates for the support of the

8-25 reconstruction, maintenance, improvement and promotion

8-26 of the Virginia & Truckee Railroad using any colors that

8-27 the department deems appropriate. The design of the license

8-28 plates must include a depiction of a locomotive of the

8-29 Virginia & Truckee Railroad and the phrase “The Virginia

8-30 & Truckee Lives.” The department shall not design, prepare

8-31 or issue the license plates unless it receives at least 250

8-32 applications for the issuance of those plates.

8-33 2. If the department receives at least 250 applications

8-34 for the issuance of license plates for the support of the

8-35 reconstruction, maintenance, improvement and promotion

8-36 of the Virginia & Truckee Railroad, the department shall

8-37 issue those plates for a passenger car or light commercial

8-38 vehicle upon application by a person who is entitled to

8-39 license plates pursuant to NRS 482.265 and who otherwise

8-40 complies with the requirements for registration and

8-41 licensing pursuant to this chapter. A person may request

8-42 that personalized prestige license plates issued pursuant to

8-43 NRS 482.3667 be combined with license plates for the

8-44 support of the reconstruction, maintenance, improvement

8-45 and promotion of the Virginia & Truckee Railroad if that

9-1 person pays the fees for the personalized prestige license

9-2 plates in addition to the fees for the license plates for the

9-3 support of the reconstruction, maintenance, improvement

9-4 and promotion of the Virginia & Truckee Railroad pursuant

9-5 to subsections 3 and 4.

9-6 3. The fee for license plates for the support of the

9-7 reconstruction, maintenance, improvement and promotion

9-8 of the Virginia & Truckee Railroad is $35, in addition to all

9-9 other applicable registration and license fees and

9-10 governmental services taxes. The license plates are

9-11 renewable upon the payment of $10.

9-12 4. In addition to all other applicable registration and

9-13 license fees and governmental services taxes and the fee

9-14 prescribed in subsection 3, a person who requests a set of

9-15 license plates for the support of the reconstruction,

9-16 maintenance, improvement and promotion of the Virginia &

9-17 Truckee Railroad must pay for the initial issuance of the

9-18 plates an additional fee of $25 and for each renewal of the

9-19 plates an additional fee of $20, to be distributed pursuant to

9-20 subsection 5.

9-21 5. The department shall transmit the fees collected

9-22 pursuant to subsection 4 to the treasurer with whom the

9-23 Nevada Commission for the reconstruction of the V & T

9-24 Railway of Carson City and Douglas, Lyon, Storey and

9-25 Washoe counties has entered into an agreement as required

9-26 by subsection 2 of section 8 of chapter 566, Statutes of

9-27 Nevada 1993, for deposit in the fund created pursuant to

9-28 that section. The fees transmitted pursuant to this

9-29 subsection must be used only for the reconstruction,

9-30 maintenance, improvement and promotion of the Virginia &

9-31 Truckee Railroad.

9-32 6. If, during a registration year, the holder of license

9-33 plates issued pursuant to the provisions of subsections 1 to

9-34 6, inclusive, disposes of the vehicle to which the plates are

9-35 affixed, the holder shall:

9-36 (a) Retain the plates and affix them to another vehicle

9-37 that meets the requirements of subsections 1 to 6, inclusive,

9-38 if the transfer and registration fees are paid as set out in this

9-39 chapter; or

9-40 (b) Within 30 days after removing the plates from the

9-41 vehicle, return them to the department.

10-1 7. Except as otherwise provided in this subsection, the

10-2 director shall, at the request of the Northern Nevada

10-3 Railway Foundation or its successor:

10-4 (a) Order the design and preparation of souvenir license

10-5 plates that indicate support for the reconstruction,

10-6 maintenance, improvement and promotion of the Virginia &

10-7 Truckee Railroad; and

10-8 (b) Issue such souvenir license plates only to the

10-9 Northern Nevada Railway Foundation or its successor for a

10-10 fee established pursuant to NRS 482.3825. The Northern

10-11 Nevada Railway Foundation or its successor may resell

10-12 such souvenir license plates at a price determined by the

10-13 Foundation or its successor.

10-14 The director shall not order the design or preparation of

10-15 souvenir license plates pursuant to this subsection unless

10-16 the department has received at least 250 applications for the

10-17 issuance of license plates for the support of the

10-18 reconstruction, maintenance, improvement and promotion

10-19 of the Virginia & Truckee Railroad pursuant to subsections

10-20 1 to 6, inclusive.

10-21 Sec. 5. Section 8 of chapter 566, Statutes of Nevada

10-22 1993, as amended by chapter 42, Statutes of Nevada 2001, at

10-23 page [2329,] 402, is hereby amended to read as follows:

10-24 Sec. 8. 1. The commission may enter into an

10-25 agreement with the district attorney of Carson City or

10-26 Douglas, Lyon, Storey or Washoe County, or any

10-27 combination thereof, to provide legal services to the

10-28 commission. The commission may authorize payment to

10-29 the district attorney for the costs to the district attorney for

10-30 providing those services.

10-31 2. The commission shall enter into an agreement with

10-32 the treasurer of Carson City or Douglas, Lyon, Storey or

10-33 Washoe County to create a fund for the commission and

10-34 pay all claims against the fund that are properly approved

10-35 by the commission. The commission may authorize

10-36 payment to the treasurer for the costs to the treasurer for

10-37 providing those services.

10-38 3. All money received by the commission must be

10-39 deposited in the fund created pursuant to subsection 2.

10-40 [The] Except as otherwise provided in section 1 of Senate

10-41 Bill No. 77 of the 2001 legislative session, the money in

10-42 the fund must be used only for the necessary expenses of

10-43 the commission and the costs of the projects authorized by

10-44 this act.

11-1 Sec. 9. 1. Section 1 of chapter 109, Statutes of Nevada 2001,

11-2 at page 612, is hereby amended to read as follows:

11-3 Section 1. NRS 202.3657 is hereby amended to read as

11-4 follows:

11-5 202.3657 1. Any person who is a resident of this state

11-6 may apply to the sheriff of the county in which he resides for

11-7 a permit on a form prescribed by regulation of the

11-8 department. Any person who is not a resident of this state

11-9 may apply to the sheriff of any county in this state for a

11-10 permit on a form prescribed by regulation of the

11-11 department. Application forms for permits must be furnished

11-12 by the sheriff of each county upon request.

11-13 2. Except as otherwise provided in this section, the

11-14 sheriff shall issue a permit for no more than two specific

11-15 firearms to any person who is qualified to possess a firearm

11-16 under state and federal law, who submits an application in

11-17 accordance with the provisions of this section and who:

11-18 (a) [Is a resident of this state;

11-19 (b)] Is 21 years of age or older;

11-20 [(c)] (b) Is not prohibited from possessing a firearm

11-21 pursuant to NRS 202.360; and

11-22 [(d)] (c) Demonstrates competence with a firearm by

11-23 presenting a certificate or other documentation to the sheriff

11-24 which shows that he:

11-25 (1) Successfully completed a course in firearm safety

11-26 approved by a sheriff in this state; or

11-27 (2) Successfully completed a course in firearm safety

11-28 offered by a federal, state or local law enforcement agency,

11-29 community college, university or national organization that

11-30 certifies instructors in firearm safety.

11-31 Such a course must include instruction in the use of each

11-32 firearm to which the application pertains and in the laws of

11-33 this state relating to the [proper] use of a firearm. A sheriff

11-34 may not approve a course in firearm safety pursuant to

11-35 subparagraph (1) unless he determines that the course meets

11-36 any standards that are established by the Nevada Sheriffs and

11-37 Chiefs Association or, if the Nevada Sheriffs and Chiefs

11-38 Association ceases to exist, its legal successor.

11-39 3. The sheriff shall deny an application or revoke a

11-40 permit if he determines that the applicant or permittee:

11-41 (a) Has an outstanding warrant for his arrest.

11-42 (b) Has been judicially declared incompetent or insane.

11-43 (c) Has been voluntarily or involuntarily admitted to a

11-44 mental health facility during the immediately preceding 5

11-45 years.

12-1 (d) Has habitually used intoxicating liquor or a controlled

12-2 substance to the extent that his normal faculties are impaired.

12-3 For the purposes of this paragraph, it is presumed that a

12-4 person has so used intoxicating liquor or a controlled

12-5 substance if, during the immediately preceding 5 years, he

12-6 has been:

12-7 (1) Convicted of violating the provisions of NRS

12-8 484.379; or

12-9 (2) Committed for treatment pursuant to NRS 458.290

12-10 to 458.350, inclusive.

12-11 (e) Has been convicted of a crime involving the use or

12-12 threatened use of force or violence punishable as a

12-13 misdemeanor under the laws of this or any other state, or a

12-14 territory or possession of the United States at any time during

12-15 the immediately preceding 3 years.

12-16 (f) Has been convicted of a felony in this state or under

12-17 the laws of any state, territory or possession of the United

12-18 States.

12-19 (g) Has been convicted of a crime involving domestic

12-20 violence or stalking, or is currently subject to a restraining

12-21 order, injunction or other order for protection against

12-22 domestic violence.

12-23 (h) Is currently on parole or probation from a conviction

12-24 obtained in this state or in any other state or territory or

12-25 possession of the United States.

12-26 (i) Has, within the immediately preceding 5 years, been

12-27 subject to any requirements imposed by a court of this state or

12-28 of any other state or territory or possession of the United

12-29 States, as a condition to the court’s:

12-30 (1) Withholding of the entry of judgment for his

12-31 conviction of a felony; or

12-32 (2) Suspension of his sentence for the conviction of a

12-33 felony.

12-34 (j) Has made a false statement on any application for a

12-35 permit or for the renewal of a permit.

12-36 4. The sheriff may deny an application or revoke a

12-37 permit if he receives a sworn affidavit stating articulable facts

12-38 based upon personal knowledge from any natural person who

12-39 is 18 years of age or older that the applicant or permittee has

12-40 or may have committed an offense or engaged in any other

12-41 activity specified in subsection 3 which would preclude the

12-42 issuance of a permit to the applicant or require the revocation

12-43 of a permit pursuant to this section.

12-44 5. If the sheriff receives notification submitted by a court

12-45 or law enforcement agency of this or any other state, the

13-1 United States or a territory or possession of the United States

13-2 that a permittee or an applicant for a permit has been charged

13-3 with a crime involving the use or threatened use of force or

13-4 violence, the conviction for which would require the

13-5 revocation of a permit or preclude the issuance of a permit to

13-6 the applicant pursuant to this section, the sheriff shall suspend

13-7 the person’s permit or the processing of his application until

13-8 the final disposition of the charges against him. If a permittee

13-9 is acquitted of the charges against him, or if the charges are

13-10 dropped, the sheriff shall restore his permit without imposing

13-11 a fee.

13-12 6. An application submitted pursuant to this section must

13-13 be completed and signed under oath by the applicant. The

13-14 applicant’s signature must be witnessed by an employee of

13-15 the sheriff or notarized by a notary public. The application

13-16 must include:

13-17 (a) The name, address, place and date of birth, social

13-18 security number, occupation and employer of the applicant

13-19 and any other names used by the applicant;

13-20 (b) A complete set of the applicant’s fingerprints taken by

13-21 the sheriff or his agent;

13-22 (c) A front-view colored photograph of the applicant

13-23 taken by the sheriff or his agent;

13-24 (d) [The] If the applicant is a resident of this state, the

13-25 driver’s license number or identification card number of the

13-26 applicant issued by the department of motor vehicles;

13-27 (e) If the applicant is not a resident of this state, the

13-28 driver’s license number or identification card number of the

13-29 applicant issued by another state or jurisdiction;

13-30 (f) The make, model and caliber of each firearm to which

13-31 the application pertains;

13-32 [(f)] (g) A nonrefundable fee in the amount necessary to

13-33 obtain the report required pursuant to subsection 1 of NRS

13-34 202.366; and

13-35 [(g)] (h) A nonrefundable fee set by the sheriff not to

13-36 exceed $60.

13-37 2. Chapter 109, Statutes of Nevada 2001, at page 615, is

13-38 hereby amended by adding thereto a new section to be designated as

13-39 section 4, immediately following section 3, to read as follows:

13-40 Sec. 4. Section 1 of chapter 111, Statutes of Nevada

13-41 2001, at page 618, is hereby amended to read as follows:

13-42 Section 1. NRS 202.3657 is hereby amended to read

13-43 as follows:

13-44 202.3657 1. Any person who is a resident of this

13-45 state may apply to the sheriff of the county in which he

14-1 resides for a permit on a form prescribed by regulation of

14-2 the department. Any person who is not a resident of this

14-3 state may apply to the sheriff of any county in this state

14-4 for a permit on a form prescribed by regulation of the

14-5 department. Application forms for permits must be

14-6 furnished by the sheriff of each county upon request.

14-7 2. Except as otherwise provided in this section, the

14-8 sheriff shall issue a permit for [no more than two] one or

14-9 more specific firearms to any person who is qualified to

14-10 possess [a] each firearm under state and federal law, who

14-11 submits an application in accordance with the provisions

14-12 of this section and who:

14-13 (a) Is 21 years of age or older;

14-14 (b) Is not prohibited from possessing a firearm

14-15 pursuant to NRS 202.360; and

14-16 (c) Demonstrates competence with [a] each firearm by

14-17 presenting a certificate or other documentation to the

14-18 sheriff which shows that he:

14-19 (1) Successfully completed a course in firearm

14-20 safety approved by a sheriff in this state; or

14-21 (2) Successfully completed a course in firearm

14-22 safety offered by a federal, state or local law enforcement

14-23 agency, community college, university or national

14-24 organization that certifies instructors in firearm

14-25 safety.

14-26 Such a course must include instruction in the use of each

14-27 firearm to which the application pertains and in the laws

14-28 of this state relating to the use of a firearm. A sheriff may

14-29 not approve a course in firearm safety pursuant to

14-30 subparagraph (1) unless he determines that the course

14-31 meets any standards that are established by the Nevada

14-32 Sheriffs and Chiefs Association or, if the Nevada Sheriffs

14-33 and Chiefs Association ceases to exist, its legal successor.

14-34 3. The sheriff shall deny an application or revoke a

14-35 permit if he determines that the applicant or permittee:

14-36 (a) Has an outstanding warrant for his arrest.

14-37 (b) Has been judicially declared incompetent or

14-38 insane.

14-39 (c) Has been voluntarily or involuntarily admitted to a

14-40 mental health facility during the immediately preceding 5

14-41 years.

14-42 (d) Has habitually used intoxicating liquor or a

14-43 controlled substance to the extent that his normal faculties

14-44 are impaired. For the purposes of this paragraph, it is

14-45 presumed that a person has so used intoxicating liquor or a

15-1 controlled substance if, during the immediately preceding

15-2 5 years, he has been:

15-3 (1) Convicted of violating the provisions of NRS

15-4 484.379; or

15-5 (2) Committed for treatment pursuant to NRS

15-6 458.290 to 458.350, inclusive.

15-7 (e) Has been convicted of a crime involving the use or

15-8 threatened use of force or violence punishable as a

15-9 misdemeanor under the laws of this or any other state, or a

15-10 territory or possession of the United States at any time

15-11 during the immediately preceding 3 years.

15-12 (f) Has been convicted of a felony in this state or

15-13 under the laws of any state, territory or possession of the

15-14 United States.

15-15 (g) Has been convicted of a crime involving domestic

15-16 violence or stalking, or is currently subject to a restraining

15-17 order, injunction or other order for protection against

15-18 domestic violence.

15-19 (h) Is currently on parole or probation from a

15-20 conviction obtained in this state or in any other state or

15-21 territory or possession of the United States.

15-22 (i) Has, within the immediately preceding 5 years,

15-23 been subject to any requirements imposed by a court of

15-24 this state or of any other state or territory or possession of

15-25 the United States, as a condition to the court’s:

15-26 (1) Withholding of the entry of judgment for his

15-27 conviction of a felony; or

15-28 (2) Suspension of his sentence for the conviction of

15-29 a felony.

15-30 (j) Has made a false statement on any application for a

15-31 permit or for the renewal of a permit.

15-32 4. The sheriff may deny an application or revoke a

15-33 permit if he receives a sworn affidavit stating articulable

15-34 facts based upon personal knowledge from any natural

15-35 person who is 18 years of age or older that the applicant or

15-36 permittee has or may have committed an offense or

15-37 engaged in any other activity specified in subsection 3

15-38 which would preclude the issuance of a permit to the

15-39 applicant or require the revocation of a permit pursuant to

15-40 this section.

15-41 5. If the sheriff receives notification submitted by a

15-42 court or law enforcement agency of this or any other state,

15-43 the United States , or a territory or possession of the

15-44 United States that a permittee or an applicant for a permit

15-45 has been charged with a crime involving the use or

16-1 threatened use of force or violence, the conviction for

16-2 which would require the revocation of a permit or

16-3 preclude the issuance of a permit to the applicant pursuant

16-4 to this section, the sheriff shall suspend the person’s

16-5 permit or the processing of his application until the final

16-6 disposition of the charges against him. If a permittee is

16-7 acquitted of the charges against him, or if the charges are

16-8 dropped, the sheriff shall restore his permit without

16-9 imposing a fee.

16-10 6. An application submitted pursuant to this section

16-11 must be completed and signed under oath by the applicant.

16-12 The applicant’s signature must be witnessed by an

16-13 employee of the sheriff or notarized by a notary public.

16-14 The application must include:

16-15 (a) The name, address, place and date of birth, social

16-16 security number, occupation and employer of the applicant

16-17 , and any other names used by the applicant;

16-18 (b) A complete set of the applicant’s fingerprints taken

16-19 by the sheriff or his agent;

16-20 (c) A front-view colored photograph of the applicant

16-21 taken by the sheriff or his agent;

16-22 (d) If the applicant is a resident of this state, the

16-23 driver’s license number or identification card number of

16-24 the applicant issued by the department of motor vehicles;

16-25 (e) If the applicant is not a resident of this state, the

16-26 driver’s license number or identification card number of

16-27 the applicant issued by another state or jurisdiction;

16-28 (f) The make, model and caliber of each firearm to

16-29 which the application pertains;

16-30 (g) A nonrefundable fee in the amount necessary to

16-31 obtain the report required pursuant to subsection 1 of NRS

16-32 202.366; and

16-33 (h) A nonrefundable fee set by the sheriff not to

16-34 exceed $60.

16-35 Sec. 10. Section 2 of chapter 111, Statutes of Nevada 2001, at

16-36 page 620, is hereby amended to read as follows:

16-37 Sec. 2. NRS 202.366 is hereby amended to read as

16-38 follows:

16-39 202.366 1. Upon receipt by a sheriff of an application

16-40 for a permit, the sheriff shall conduct an investigation of the

16-41 applicant to determine if he is eligible for a permit. In

16-42 conducting the investigation, the sheriff shall forward a

16-43 complete set of the applicant’s fingerprints to the central

16-44 repository for Nevada records of criminal history and the

16-45 Federal Bureau of Investigation for a report concerning the

17-1 criminal history of the applicant. The sheriff shall issue a

17-2 permit to the applicant unless he is not qualified to possess a

17-3 handgun pursuant to state or federal law or is not otherwise

17-4 qualified to obtain a permit pursuant to NRS 202.3653 to

17-5 202.369, inclusive, or the regulations adopted pursuant

17-6 thereto.

17-7 2. To assist the sheriff in conducting his investigation,

17-8 any local law enforcement agency, including the sheriff of

17-9 any county, may voluntarily submit to the sheriff a report or

17-10 other information concerning the criminal history of an

17-11 applicant.

17-12 3. Within 120 days after a complete application for a

17-13 permit is submitted, the sheriff to whom the application is

17-14 submitted shall grant or deny the application. If the

17-15 application is denied, the sheriff shall send the applicant

17-16 written notification setting forth the reasons for the denial. If

17-17 the application is granted, the sheriff shall provide the

17-18 applicant with a permit containing a colored photograph of

17-19 the applicant and containing such other information as may

17-20 be prescribed by the department. The permit must be in

17-21 substantially the following form:

17-22 NEVADA CONCEALED FIREARM PERMIT

17-23 County. ...... Permit Number.....

17-24 Expires ...... Date of Birth....

17-25 Height. ...... Weight.

17-26 Name. ...... Address

17-27 City ...... Zip.

17-28 Photograph

17-29 Signature.....

17-30 Issued by...

17-31 Date of Issue.....

17-32 Make, model and caliber of [firearm] each authorized

17-33 firearm

17-34 4. Unless suspended or revoked by the sheriff who

17-35 issued the permit, a permit expires:

17-36 (a) If the permittee was a resident of this state at the time

17-37 the permit was issued, on the fifth anniversary of the

17-38 permittee’s birthday, measured from the birthday nearest the

17-39 date of issuance or renewal.

18-1 (b) If the permittee was not a resident of this state at the

18-2 time the permit was issued, on the third anniversary of the

18-3 permittee’s birthday, measured from the birthday nearest the

18-4 date of issuance or renewal.

18-5 5. If the date of birth of a permittee is on February 29 in

18-6 a leap year, for the purposes of NRS 202.3653 to 202.369,

18-7 inclusive, his date of birth shall be deemed to be on

18-8 February 28.

18-9 Sec. 11. Sections 3, 4, 16, 19 and 27 of chapter 115, Statutes

18-10 of Nevada 2001, at pages 625, 629 and 631, are hereby amended to

18-11 read respectively as follows:

18-12 Sec. 3. NRS 266.055 is hereby amended to read as

18-13 follows:

18-14 266.055 Municipal corporations organized [under]

18-15 pursuant to the provisions of this chapter must be divided

18-16 into three [classes:] population categories:

18-17 1. Those cities having 50,000 or more inhabitants are

18-18 cities of [the first class.] population category one.

18-19 2. Those cities having 5,000 or more but less than

18-20 50,000 inhabitants are cities of [the second class.] population

18-21 category two.

18-22 3. Those cities having less than 5,000 inhabitants are

18-23 cities of [the third class.] population category three.

18-24 Sec. 4. NRS 266.060 is hereby amended to read as

18-25 follows:

18-26 266.060 1. Whenever any city of [the second class]

18-27 population category two attains the population of 50,000 or

18-28 more, or any city of [the third class] population category

18-29 three attains the population of 5,000 or more, and that fact is

18-30 ascertained:

18-31 (a) By actual census taken and certified to the governor

18-32 by the mayor; or

18-33 (b) At the option of the city council, by the governor,

18-34 pursuant to NRS 360.285, for 2 consecutive years,

18-35 the governor shall declare, by public proclamation, that city

18-36 to be of [the first or second class,] population category one

18-37 or two, and the city thus changed is governed by the

18-38 provisions of this chapter applicable to cities of the higher

18-39 [class.] population category.

18-40 2. An authenticated copy of the governor’s proclamation

18-41 must be filed in the office of the secretary of state.

18-42 Sec. 16. NRS 266.235 is hereby amended to read as

18-43 follows:

18-44 266.235 Except as otherwise provided in section 1 of

18-45 [this act,] Senate Bill No. 329 of this session, a majority of

19-1 all members of the city council [shall constitute] constitutes a

19-2 quorum to do business, but [a less number] fewer members

19-3 may meet and adjourn from time to time and may compel the

19-4 attendance of absentees under such penalties as may be

19-5 prescribed by ordinance.

19-6 Sec. 19. NRS 266.250 is hereby amended to read as

19-7 follows:

19-8 266.250 1. The [council’s] deliberations, sessions and

19-9 proceedings of the city council must be public.

19-10 2. The city council shall keep [a journal] written minutes

19-11 of its own proceedings [.] as required pursuant to NRS

19-12 241.035. The yeas and nays must be taken upon the passage

19-13 of all ordinances, and all propositions to create any liability

19-14 against the city, or to grant, deny, increase, decrease, abolish

19-15 or revoke licenses, and in all other cases at the request of any

19-16 member of the city council or of the mayor, which yeas and

19-17 nays must be entered [upon the journal] in the minutes of its

19-18 proceedings.

19-19 3. The affirmative vote of a majority of all the members

19-20 elected to the city council is necessary to pass any such

19-21 ordinance or proposition.

19-22 Sec. 27. NRS 266.450 is hereby amended to read as

19-23 follows:

19-24 266.450 All elected officers of any city are entitled to

19-25 receive such compensation as may be fixed by ordinance, but,

19-26 except as otherwise provided in NRS 266.041, the

19-27 compensation of any [such officers may] elected officers

19-28 must not be increased or diminished to take effect during the

19-29 [time] term for which the officer was elected . [or appointed.]

19-30 All appointed officers are entitled to receive such

19-31 compensation as may be fixed by ordinance.

19-32 Sec. 12. Section 1 of chapter 128, Statutes of Nevada 2001, at

19-33 page 684, is hereby amended to read as follows:

19-34 Section 1. Chapter 19 of NRS is hereby amended by

19-35 adding thereto a new section to read as follows:

19-36 If the agency which provides child welfare services, or a

19-37 child-placing agency licensed by the division of child and

19-38 family services of the department of human resources

19-39 pursuant to chapter 127 of NRS, consents to the adoption of

19-40 a child with special needs pursuant to NRS 127.186, a

19-41 county clerk shall reduce the total filing fee to not more

19-42 than $1 for filing the petition to adopt such a child.

20-1 Sec. 13. Chapter 140, Statutes of Nevada 2001, at page 736, is

20-2 hereby amended by adding thereto new sections to be designated as

20-3 sections 27.1 and 27.2, immediately following section 27, to read

20-4 respectively as follows:

20-5 Sec. 27.1. Section 60 of chapter 456, Statutes of Nevada

20-6 2001, at page 2338, is hereby amended to read as follows:

20-7 Sec. 60. 1. This section and sections 48 and 59.5 of

20-8 this act become effective upon passage and approval.

20-9 2. Sections 1 to 22, inclusive, 24 to 32, inclusive, 34,

20-10 35, 49 to 52, inclusive, and 55 to 59, inclusive, of this act

20-11 become effective on July 1, 2001.

20-12 3. Sections 36, 38, 39, 40, 43, 44, 47, 53 and 54 of

20-13 this act become effective at 12:01 a.m. on July 1, 2001.

20-14 4. Sections [23,] 33, 37 and 45 of this act become

20-15 effective at 12:02 a.m. on July 1, 2001.

20-16 5. Section 48 of this act expires by limitation on

20-17 July 1, 2003.

20-18 Sec. 27.2. Section 23 of chapter 456, Statutes of Nevada

20-19 2001, at page 2315, is hereby repealed.

20-20 Sec. 14. Section 94 of chapter 152, Statutes of Nevada 2001,

20-21 at page 799, is hereby amended to read as follows:

20-22 Sec. 94. 1. This section becomes effective upon

20-23 passage and approval.

20-24 2. Sections 1 to 90, inclusive, subsection 1 of section 91

20-25 and sections 92, 93 and 95 of this act become effective upon

20-26 passage and approval for the purpose of adopting regulations

20-27 and taking such other actions as necessary to regulate

20-28 practitioners of respiratory care, and on July 1, 2001, for all

20-29 other purposes.

20-30 3. Subsection 2 of section 91 of this act becomes

20-31 effective at 12:01 a.m. on July 1, 2001.

20-32 4. The amendatory provisions of sections 8, 19 [, 24, 26]

20-33 and 41 of this act expire by limitation on the date on which

20-34 the provisions of 42 U.S.C. § 666 requiring each state to

20-35 establish procedures under which the state has authority to

20-36 withhold or suspend, or to restrict the use of professional,

20-37 occupational and recreational licenses of persons who:

20-38 (a) Have failed to comply with a subpoena or warrant

20-39 relating to a proceeding to determine the paternity of a child

20-40 or to establish or enforce an obligation for the support of a

20-41 child; or

20-42 (b) Are in arrears in the payment for the support of one or

20-43 more children,

20-44 are repealed by the Congress of the United States.

21-1 Sec. 15. Sections 1 and 4 of chapter 172, Statutes of Nevada

21-2 2001, at pages 853 and 854, respectively, are hereby amended to

21-3 read respectively as follows:

21-4 Section 1. NRS 366.110 is hereby amended to read as

21-5 follows:

21-6 366.110 The department:

21-7 1. Shall enforce the provisions of this chapter.

21-8 2. May adopt and enforce regulations relating to the

21-9 administration and enforcement of this chapter.

21-10 3. Shall, by regulation, define “incidentally operated or

21-11 moved upon a highway” for the purpose of NRS 366.085.

21-12 4. May determine whether any particular vehicle not

21-13 specified in NRS 366.085 is special mobile equipment.

21-14 Sec. 4. 1. This section and sections 2 and 3 of this act

21-15 [becomes] become effective on July 1, 2001.

21-16 2. Section 1 of this act becomes effective at 12:01 a.m.

21-17 on July 1, 2001.

21-18 Sec. 16. Section 4 of chapter 183, Statutes of Nevada 2001, at

21-19 page 895, is hereby amended to read as follows:

21-20 Sec. 4. Section 2.050 of the charter of the City of Wells,

21-21 being chapter 275, Statutes of Nevada 1971, as amended by

21-22 chapter 255, Statutes of Nevada 2001, at page [460,] 1132, is

21-23 hereby amended to read as follows:

21-24 Sec. 2.050 Meetings: Quorum.

21-25 1. The board of councilmen shall hold at least one

21-26 regular meeting each month, and by [ordinance]

21-27 resolution may provide for additional regular meetings.

21-28 2. Except as otherwise provided in section 1 of [this

21-29 act,] Senate Bill No. 329 of this session, a majority of all

21-30 members of the board of councilmen constitutes a quorum

21-31 to do business, but a lesser number may meet and recess

21-32 from time to time, and compel the attendance of the absent

21-33 members.

21-34 3. Except as otherwise provided by law, all sessions

21-35 and [all] proceedings of the board of councilmen must be

21-36 public.

21-37 Sec. 17. Section 10 of chapter 185, Statutes of Nevada 2001,

21-38 at page 904, is hereby amended to read as follows:

21-39 Sec. 10. NRS 459.742 is hereby amended to read as

21-40 follows:

21-41 459.742 The commission, in carrying out its duties and

21-42 within the limits of legislative appropriations and other

21-43 available money, may:

21-44 1. Enter into contracts, leases or other agreements or

21-45 transactions;

22-1 2. Provide grants of money to local emergency planning

22-2 committees to improve their ability to respond to emergencies

22-3 involving hazardous materials;

22-4 3. Assist with the development of comprehensive plans

22-5 for responding to such emergencies in this state;

22-6 4. Provide technical assistance and administrative

22-7 support to the telecommunications unit of the communication

22-8 and computing division of the department of information

22-9 technology for the development of systems for

22-10 communication during such emergencies;

22-11 5. Provide technical and administrative support and

22-12 assistance for training programs;

22-13 6. Develop a system to provide public access to data

22-14 relating to hazardous materials;

22-15 7. Support any activity or program eligible to receive

22-16 money from the contingency account for hazardous materials;

22-17 8. Adopt regulations setting forth the manner in which

22-18 the division of emergency management of the department [of

22-19 public safety] shall:

22-20 (a) Allocate money received by the division which relates

22-21 to hazardous materials or is received pursuant to [Public Law

22-22 99-499 or Title I of Public Law 93-633;] 42 U.S.C. §§ 11001

22-23 et seq. or 49 U.S.C. §§ 5101 et seq.; and

22-24 (b) Approve programs developed to address planning for

22-25 and responding to emergencies involving hazardous

22-26 materials; and

22-27 9. Coordinate the activities administered by state

22-28 agencies to carry out the provisions of this chapter, [Public

22-29 Law 99-499 and Title I of Public Law 93-633.] 42 U.S.C. §§

22-30 11001 et seq. and 49 U.S.C. §§ 5101 et seq.

22-31 Sec. 18. Section 1 of chapter 223, Statutes of Nevada 2001, at

22-32 page 1001, is hereby amended to read as follows:

22-33 Sec. 1. NRS 482.181 is hereby amended to read as

22-34 follows:

22-35 482.181 1. Except as otherwise provided in subsection

22-36 5, after deducting the amount withheld by the department and

22-37 the amount credited to the department pursuant to subsection

22-38 6 of NRS 482.180, the department shall certify monthly to the

22-39 state board of examiners the amount of the basic and

22-40 supplemental governmental services taxes collected for each

22-41 county by the department and its agents during the preceding

22-42 month, and that money must be distributed monthly as

22-43 provided in this section.

23-1 2. Any supplemental governmental services tax

23-2 collected for a county must be distributed only to the county,

23-3 to be used as provided in NRS 371.045 and 371.047.

23-4 3. The distribution of the basic governmental services

23-5 tax received or collected for each county must be made to the

23-6 county school district within each county before any

23-7 distribution is made to a local government, special district or

23-8 enterprise district. For the purpose of calculating the amount

23-9 of the basic governmental services tax to be distributed to the

23-10 county school district, the taxes levied by each local

23-11 government, special district and enterprise district are the

23-12 product of its certified valuation, determined pursuant to

23-13 subsection 2 of NRS 361.405, and its tax rate, established

23-14 pursuant to NRS 361.455 for the fiscal year beginning on

23-15 July 1, 1980, except that the tax rate for school districts,

23-16 including the rate attributable to a district’s debt service, is

23-17 the rate established pursuant to NRS 361.455 for the fiscal

23-18 year beginning on July 1, 1978, but if , in any fiscal year, the

23-19 sum of the rate attributable to a district’s debt service in [any]

23-20 that fiscal year and any rate levied for capital projects

23-21 pursuant to NRS 387.3285 in that fiscal year is greater than

23-22 its rate for the fiscal year beginning on July 1, 1978, the

23-23 higher rate must be used to determine the amount attributable

23-24 to debt service.

23-25 4. After making the distributions set forth in subsection

23-26 3, the remaining money received or collected for each county

23-27 must be deposited in the local government tax distribution

23-28 account created by NRS 360.660 for distribution to local

23-29 governments, special districts and enterprise districts within

23-30 each county pursuant to the provisions of NRS 360.680 and

23-31 360.690.

23-32 5. An amount equal to any basic governmental services

23-33 tax distributed to a redevelopment agency in the fiscal year

23-34 1987-1988 must continue to be distributed to that agency as

23-35 long as it exists but must not be increased.

23-36 6. The department shall make distributions of the basic

23-37 governmental services tax directly to county school districts.

23-38 7. As used in this section:

23-39 (a) “Enterprise district” has the meaning ascribed to it in

23-40 NRS 360.620.

23-41 (b) “Local government” has the meaning ascribed to it in

23-42 NRS 360.640.

23-43 (c) “Received or collected for each county” means:

23-44 (1) For the basic governmental services tax collected

23-45 on vehicles subject to the provisions of chapter 706 of NRS,

24-1 the amount determined for each county based on the

24-2 following percentages:

24-3 Carson City 1.07 percent Lincoln 3.12 percent

24-4 Churchill 5.21 percent Lyon 2.90 percent

24-5 Clark 22.54 percent Mineral 2.40 percent

24-6 Douglas 2.52 percent Nye 4.09 percent

24-7 Elko 13.31 percent Pershing 7.00 percent

24-8 Esmeralda 2.52 percent Storey... .19 percent

24-9 Eureka 3.10 percent Washoe 12.24 percent

24-10 Humboldt 8.25 percent White Pine 5.66 percent

24-11 Lander 3.88 percent

24-12 (2) For all other basic and supplemental governmental

24-13 services tax received or collected by the department, the

24-14 amount attributable to each county based on the county of

24-15 registration of the vehicle for which the tax was paid.

24-16 (d) “Special district” has the meaning ascribed to it in

24-17 NRS 360.650.

24-18 Sec. 19. 1. Section 4 of chapter 224, Statutes of Nevada

24-19 2001, at page 1004, is hereby amended to read as follows:

24-20 Sec. 4. 1. This section and section 2.5 of this act

24-21 become effective on June 30, 2001.

24-22 2. Sections 1, 2 and 3 of this act [becomes] become

24-23 effective on July 1, 2001.

24-24 2. Chapter 224, Statutes of Nevada 2001, at page 1003, is

24-25 hereby amended by adding thereto a new section to be designated as

24-26 section 2.5, immediately following section 2, to read as follows:

24-27 Sec. 2.5. Section 8 of chapter 307, Statutes of Nevada

24-28 2001, at page 1441, is hereby repealed.

24-29 Sec. 20. Sections 47 and 52 of chapter 236, Statutes of Nevada

24-30 2001, at pages 1068 and 1070, respectively, are hereby amended to

24-31 read respectively as follows:

24-32 Sec. 47. NRS 639.2328 is hereby amended to read as

24-33 follows:

24-34 639.2328 1. Every pharmacy located outside Nevada

24-35 that provides mail order service to or solicits or advertises for

24-36 orders for drugs available with a prescription from a resident

24-37 of Nevada must be licensed by the board.

24-38 2. To be licensed or to renew a license, such a pharmacy

24-39 must:

24-40 (a) Be licensed as a pharmacy, or the equivalent, by the

24-41 state or country in which its dispensing facilities are located.

24-42 (b) Comply with all applicable federal laws, regulations

24-43 and standards.

25-1 (c) Submit an application in the form furnished by the

25-2 board.

25-3 (d) Provide the following information to the board:

25-4 (1) The name and address of the owner;

25-5 (2) The location of the pharmacy;

25-6 (3) The name of the pharmacist who is the managing

25-7 pharmacist; and

25-8 (4) Any other information the board deems necessary.

25-9 (e) Pay the fee required by regulation of the board.

25-10 (f) Submit evidence satisfactory to the board that the

25-11 facility, records and operation of the pharmacy comply with

25-12 the laws and regulations of the state or country in which the

25-13 pharmacy is located.

25-14 (g) Submit certification satisfactory to the board that the

25-15 pharmacy complies with all lawful requests and directions

25-16 from the regulatory board or licensing authority of the state or

25-17 country in which the pharmacy is located relating to the

25-18 shipment, mailing or delivery of drugs.

25-19 (h) Be certified by the board pursuant to section 43 of

25-20 this act if the pharmacy operates an Internet pharmacy.

25-21 3. In addition to the requirements of subsection 2, the

25-22 board may require such a pharmacy to be inspected by the

25-23 board.

25-24 Sec. 52. 1. This section and [sections] section 50 of

25-25 this act become effective on June 30, 2001.

25-26 2. Sections 1 to 28, inclusive, [and] 30 to [51,] 46,

25-27 inclusive, 48, 49 and 51 of this act become effective on

25-28 July 1, 2001.

25-29 [2. Section]

25-30 3. Sections 29 and 47 of this act [becomes] become

25-31 effective at 12:01 a.m. on July 1, 2001.

25-32 Sec. 21. Section 7 of chapter 240, Statutes of Nevada 2001, at

25-33 page 1079, is hereby amended to read as follows:

25-34 Sec. 7. NRS 353.264 is hereby amended to read as

25-35 follows:

25-36 353.264 1. The reserve for statutory contingency

25-37 account is hereby created in the state general fund.

25-38 2. The state board of examiners shall administer the

25-39 reserve for statutory contingency account . [, and the] The

25-40 money in the account must be expended only for:

25-41 (a) The payment of claims which are obligations of the

25-42 state pursuant to NRS 41.03435, 41.0347, 176.485, 179.310,

25-43 212.040, 212.050, 212.070, 214.040, 281.174, 282.290,

25-44 282.315, 288.203, 293.253, 293.405, 353.120, 353.262,

25-45 412.154 and 475.235;

26-1 (b) The payment of claims which are obligations of the

26-2 state pursuant to:

26-3 (1) Chapter 472 of NRS arising from operations of the

26-4 division of forestry of the state department of conservation

26-5 and natural resources directly involving the protection of life

26-6 and property; and

26-7 (2) NRS 7.155, 34.750, 176A.640, 179.225, 213.153

26-8 and 293B.210,

26-9 [but the claims must] except that claims may be approved for

26-10 the respective purposes listed in this paragraph only when the

26-11 money otherwise appropriated for those purposes has been

26-12 exhausted;

26-13 (c) The payment of claims which are obligations of the

26-14 state pursuant to nrs 41.0349 and 41.037, but only to the

26-15 extent that the money in the fund for insurance premiums is

26-16 insufficient to pay the claims; and

26-17 (d) The payment of claims which are obligations of the

26-18 state pursuant to nrs 535.030 arising from remedial actions

26-19 taken by the state engineer when the condition of a dam

26-20 becomes dangerous to the safety of life or property.

26-21 3. The state board of examiners may authorize its

26-22 clerk, under such circumstances as it deems appropriate, to

26-23 approve, on behalf of the board, the payment of claims from

26-24 the reserve for statutory contingency account. For the

26-25 purpose of exercising any authority granted to the clerk of

26-26 the state board of examiners pursuant to this subsection,

26-27 any statutory reference to the state board of examiners

26-28 relating to such a claim shall be deemed to refer to the clerk

26-29 of the board.

26-30 Sec. 22. Sections 1 and 3 of chapter 252, Statutes of Nevada

26-31 2001, at pages 1118 and 1120, respectively, are hereby amended to

26-32 read respectively as follows:

26-33 Section 1. NRS 361.244 is hereby amended to read as

26-34 follows:

26-35 361.244 1. A mobile or manufactured home is eligible

26-36 to become real property if it becomes permanently affixed to

26-37 land which is owned by the owner of the mobile or

26-38 manufactured home.

26-39 2. A mobile or manufactured home becomes real

26-40 property when the assessor of the county in which the mobile

26-41 or manufactured home is located has placed it on the tax roll

26-42 as real property. [The] Except as otherwise provided in

26-43 subsection 5, the assessor shall not place a mobile or

26-44 manufactured home on the tax roll until:

27-1 (a) He has received verification from the manufactured

27-2 housing division of the department of business and industry

27-3 that the mobile or manufactured home has been converted to

27-4 real property;

27-5 (b) The unsecured personal property tax has been paid in

27-6 full for the current fiscal year;

27-7 (c) An affidavit of conversion of the mobile or

27-8 manufactured home from personal to real property has been

27-9 recorded in the county recorder’s office of the county in

27-10 which the mobile or manufactured home is located; and

27-11 (d) The dealer or owner has delivered to the division a

27-12 copy of the recorded affidavit of conversion and all

27-13 documents relating to the mobile or manufactured home in its

27-14 former condition as personal property.

27-15 3. A mobile or manufactured home which is converted

27-16 to real property pursuant to this section shall be deemed to be

27-17 a fixture and an improvement to the real property to which it

27-18 is affixed.

27-19 4. Factory-built housing, as defined in NRS 461.080,

27-20 constitutes real property if it becomes, on or after July 1,

27-21 1979, permanently affixed to land which is owned by the

27-22 owner of the factory-built housing.

27-23 5. [A manufactured home, as defined in NRS 489.113,

27-24 constitutes real property if it becomes, on or after January 1,

27-25 2000, permanently affixed to land which is owned by the

27-26 owner of the manufactured home.

27-27 6.] The assessor of the county in which a manufactured

27-28 home is located shall, without regard to the conditions set

27-29 forth in subsection 2, place the manufactured home on the

27-30 tax roll as real property if, on or after July 1, 2001, the

27-31 manufactured home is permanently affixed to a residential

27-32 lot pursuant to an ordinance required by NRS 278.02095.

27-33 6. The provisions of subsection 5 do not apply to a

27-34 manufactured home located in:

27-35 (a) An area designated by local ordinance for the

27-36 placement of a manufactured home without conversion to

27-37 real property;

27-38 (b) A mobile home park; or

27-39 (c) Any other area to which the provisions of NRS

27-40 278.02095 do not apply.

27-41 7. For the purposes of this section, “land which is

27-42 owned” includes land for which the owner has a possessory

27-43 interest resulting from a life estate, lease or contract for sale.

27-44 Sec. 3. 1. This section and section 2 of this act

27-45 [becomes] become effective on July 1, 2001.

28-1 2. Section 1 of this act becomes effective at 12:01 a.m.

28-2 on July 1, 2001.

28-3 Sec. 23. Sections 1, 3 and 4 of chapter 258, Statutes of Nevada

28-4 2001, at pages 1138, 1140 and 1142, respectively, are hereby

28-5 amended to read respectively as follows:

28-6 Section 1. NRS 200.508 is hereby amended to read as

28-7 follows:

28-8 200.508 1. A person who [:

28-9 (a) Willfully] willfully causes a child who is less than 18

28-10 years of age to suffer unjustifiable physical pain or mental

28-11 suffering as a result of abuse or neglect or to be placed in a

28-12 situation where the child may suffer physical pain or mental

28-13 suffering as the result of abuse or neglect [; or

28-14 (b) Is] :

28-15 (a) If substantial bodily or mental harm results to the

28-16 child:

28-17 (1) If the child is less than 14 years of age and the

28-18 harm is the result of sexual abuse or exploitation, is guilty

28-19 of a category A felony and shall be punished by

28-20 imprisonment in the state prison for life with the possibility

28-21 of parole, with eligibility for parole beginning when a

28-22 minimum of 15 years has been served; or

28-23 (2) In all other such cases to which subparagraph (1)

28-24 does not apply, is guilty of a category B felony and shall be

28-25 punished by imprisonment in the state prison for a

28-26 minimum term of not less than 2 years and a maximum

28-27 term of not more than 20 years; or

28-28 (b) If substantial bodily or mental harm does not result

28-29 to the child:

28-30 (1) If the person has not previously been convicted of

28-31 a violation of this section or of a violation of the law of any

28-32 other jurisdiction that prohibits the same or similar conduct,

28-33 is guilty of a category B felony and shall be punished by

28-34 imprisonment in the state prison for a minimum term of not

28-35 less than 1 year and a maximum term of not more than 6

28-36 years; or

28-37 (2) If the person has previously been convicted of a

28-38 violation of this section or of a violation of the law of any

28-39 other jurisdiction that prohibits the same or similar conduct,

28-40 is guilty of a category B felony and shall be punished by

28-41 imprisonment in the state prison for a minimum term of not

28-42 less than 2 years and a maximum term of not more than 15

28-43 years,

28-44 unless a more severe penalty is prescribed by law for an act

28-45 or omission that brings about the abuse or neglect.

29-1 2. A person who is responsible for the safety or welfare

29-2 of a child and who permits or allows that child to suffer

29-3 unjustifiable physical pain or mental suffering as a result of

29-4 abuse or neglect or to be placed in a situation where the child

29-5 may suffer physical pain or mental suffering as the result of

29-6 abuse or neglect [,

29-7 is guilty of a gross misdemeanor unless a more severe penalty

29-8 is prescribed by law for an act or omission which brings

29-9 about the abuse, neglect or danger.

29-10 2. A person who violates any provision of subsection 1,

29-11 if] :

29-12 (a) If substantial bodily or mental harm results to the

29-13 child:

29-14 [(a)] (1) If the child is less than 14 years of age and the

29-15 harm is the result of sexual abuse or exploitation, is guilty of

29-16 a category A felony and shall be punished by imprisonment in

29-17 the state prison for life with the possibility of parole, with

29-18 eligibility for parole beginning when a minimum of 10 years

29-19 has been served; or

29-20 [(b)] (2) In all other such cases to which [paragraph (a)]

29-21 subparagraph (1) does not apply, is guilty of a category B

29-22 felony and shall be punished by imprisonment in the state

29-23 prison for a minimum term of not less than 2 years and a

29-24 maximum term of not more than 20 years [.] ; or

29-25 (b) If substantial bodily or mental harm does not result

29-26 to the child:

29-27 (1) If the person has not previously been convicted of

29-28 a violation of this section or of a violation of the law of any

29-29 other jurisdiction that prohibits the same or similar conduct,

29-30 is guilty of a gross misdemeanor; or

29-31 (2) If the person has previously been convicted of a

29-32 violation of this section or of a violation of the law of any

29-33 other jurisdiction that prohibits the same or similar conduct,

29-34 is guilty of a category C felony and shall be punished as

29-35 provided in NRS 193.130,

29-36 unless a more severe penalty is prescribed by law for an act

29-37 or omission that brings about the abuse or neglect.

29-38 3. A person does not commit a violation of subsection 1

29-39 or 2 by virtue of the sole fact that he delivers or allows the

29-40 delivery of a child to a provider of emergency services

29-41 pursuant to section 1 of [this act.] Senate Bill No. 191 of this

29-42 session.

29-43 4. As used in this section:

29-44 (a) “Abuse or neglect” means physical or mental injury of

29-45 a nonaccidental nature, sexual abuse, sexual exploitation,

30-1 negligent treatment or maltreatment of a child under the age

30-2 of 18 years, as set forth in paragraph (d) and NRS 432B.070,

30-3 432B.100, 432B.110, 432B.140 and 432B.150, under

30-4 circumstances which indicate that the child’s health or

30-5 welfare is harmed or threatened with harm.

30-6 (b) “Allow” means to do nothing to prevent or stop the

30-7 abuse or neglect of a child in circumstances where the person

30-8 knows or has reason to know that the child is abused or

30-9 neglected.

30-10 (c) “Permit” means permission that a reasonable person

30-11 would not grant and which amounts to a neglect of

30-12 responsibility attending the care, custody and control of a

30-13 minor child.

30-14 (d) “Physical injury” means:

30-15 (1) Permanent or temporary disfigurement; or

30-16 (2) Impairment of any bodily function or organ of the

30-17 body.

30-18 (e) “Substantial mental harm” means an injury to the

30-19 intellectual or psychological capacity or the emotional

30-20 condition of a child as evidenced by an observable and

30-21 substantial impairment of the ability of the child to function

30-22 within his normal range of performance or behavior.

30-23 Sec. 3. NRS 178.5698 is hereby amended to read as

30-24 follows:

30-25 178.5698 1. The prosecuting attorney, sheriff or chief

30-26 of police shall, upon the written request of a victim or

30-27 witness, inform him:

30-28 (a) When the defendant is released from custody at any

30-29 time before or during the trial;

30-30 (b) If the defendant is so released, the amount of bail

30-31 required, if any; and

30-32 (c) Of the final disposition of the criminal case in which

30-33 he was directly involved.

30-34 2. If an offender is convicted of a sexual offense or an

30-35 offense involving the use or threatened use of force or

30-36 violence against the victim, the court shall provide:

30-37 (a) To each witness, documentation that includes:

30-38 (1) A form advising the witness of the right to be

30-39 notified pursuant to subsection 4;

30-40 (2) The form that the witness must use to request

30-41 notification; and

30-42 (3) The form or procedure that the witness must use to

30-43 provide a change of address after a request for notification

30-44 has been submitted.

31-1 (b) To each person listed in subsection 3, documentation

31-2 that includes:

31-3 (1) A form advising the person of the right to be

31-4 notified pursuant to subsection 4 or 5 and NRS 176.015,

31-5 176A.630, 209.392, 209.3925, 209.521, 213.010, 213.040,

31-6 213.095 and 213.130;

31-7 (2) The forms that the person must use to request

31-8 notification; and

31-9 (3) The forms or procedures that the person must use

31-10 to provide a change of address after a request for notification

31-11 has been submitted.

31-12 3. The following persons are entitled to receive

31-13 documentation pursuant to paragraph (b) of subsection 2:

31-14 (a) A person against whom the offense is committed.

31-15 (b) A person who is injured as a direct result of the

31-16 commission of the offense.

31-17 (c) If a person listed in paragraph (a) or (b) is under

31-18 the age of 18 years, each parent or guardian who is not the

31-19 offender.

31-20 (d) Each surviving spouse, parent and child of a person

31-21 who is killed as a direct result of the commission of the

31-22 offense.

31-23 (e) A relative of a person listed in paragraphs (a) to (d),

31-24 inclusive, if the relative requests in writing to be provided

31-25 with the documentation.

31-26 4. Except as otherwise provided in subsection 5, if the

31-27 offense was a felony and the offender is imprisoned, the

31-28 warden of the prison shall, if the victim or witness so requests

31-29 in writing and provides his current address, notify him at that

31-30 address when the offender is released from the prison.

31-31 5. If the offender was convicted of a violation of

31-32 subsection 3 of NRS 200.366 or a violation of subsection 1,

31-33 paragraph (a) of subsection 2 or subparagraph (2) of

31-34 paragraph (b) of subsection 2 of NRS 200.508, the warden

31-35 of the prison shall notify:

31-36 (a) The immediate family of the victim if the immediate

31-37 family provides their current address;

31-38 (b) Any member of the victim’s family related within the

31-39 third degree of consanguinity, if the member of the victim’s

31-40 family so requests in writing and provides his current address;

31-41 and

31-42 (c) The victim, if he will be 18 years of age or older at the

31-43 time of the release and has provided his current

31-44 address,

31-45 before the offender is released from prison.

32-1 6. The warden must not be held responsible for any

32-2 injury proximately caused by his failure to give any notice

32-3 required pursuant to this section if no address was provided to

32-4 him or if the address provided is inaccurate or not current.

32-5 7. As used in this section:

32-6 (a) “Immediate family” means any adult relative of the

32-7 victim living in the victim’s household.

32-8 (b) “Sexual offense” means:

32-9 (1) Sexual assault pursuant to NRS 200.366;

32-10 (2) Statutory sexual seduction pursuant to

32-11 NRS 200.368;

32-12 (3) Battery with intent to commit sexual assault

32-13 pursuant to NRS 200.400;

32-14 (4) An offense involving pornography and a minor

32-15 pursuant to NRS 200.710 to 200.730, inclusive;

32-16 (5) Incest pursuant to NRS 201.180;

32-17 (6) Solicitation of a minor to engage in acts

32-18 constituting the infamous crime against nature pursuant to

32-19 NRS 201.195;

32-20 (7) Open or gross lewdness pursuant to NRS 201.210;

32-21 (8) Indecent or obscene exposure pursuant to

32-22 NRS 201.220;

32-23 (9) Lewdness with a child pursuant to NRS 201.230;

32-24 (10) Sexual penetration of a dead human body

32-25 pursuant to NRS 201.450;

32-26 (11) Luring a child using a computer, system or

32-27 network pursuant to section 4 of [this act,] Senate Bill No.

32-28 551 of this session, if punished as a felony;

32-29 (12) Annoyance or molestation of a minor pursuant to

32-30 NRS 207.260;

32-31 (13) An offense that, pursuant to a specific statute, is

32-32 determined to be sexually motivated; or

32-33 (14) An attempt to commit an offense listed in this

32-34 paragraph.

32-35 Sec. 4. NRS 213.1255 is hereby amended to read as

32-36 follows:

32-37 213.1255 1. In addition to any conditions of parole

32-38 required to be imposed pursuant to NRS 213.1245, as a

32-39 condition of releasing on parole a prisoner who was convicted

32-40 of committing an offense listed in subsection 2 against a child

32-41 under the age of 14 years, the board shall, when appropriate:

33-1 (a) Require the parolee to participate in psychological

33-2 counseling;

33-3 (b) Prohibit the parolee from being alone with a child

33-4 unless another adult who has never been convicted of a sexual

33-5 offense is present; and

33-6 (c) Prohibit the parolee from being on or near the grounds

33-7 of any place that is primarily designed for use by or for

33-8 children, including, without limitation, a public or private

33-9 school, a center or facility that provides day care services, a

33-10 video arcade and an amusement park.

33-11 2. The provisions of subsection 1 apply to a prisoner

33-12 who was convicted of:

33-13 (a) Sexual assault pursuant to paragraph (c) of subsection

33-14 3 of NRS 200.366;

33-15 (b) Abuse or neglect of a child pursuant to subparagraph

33-16 (1) of paragraph (a) of subsection 1 or subparagraph (1) of

33-17 paragraph (a) of subsection 2 of NRS 200.508;

33-18 (c) An offense punishable pursuant to subsection 2 of

33-19 NRS 200.750;

33-20 (d) Solicitation of a minor to engage in acts constituting

33-21 the infamous crime against nature pursuant to subparagraph

33-22 (1) of paragraph (a) of subsection 1 of NRS 201.195;

33-23 (e) Lewdness with a child pursuant to NRS 201.230;

33-24 (f) Luring a child using a computer, system or network

33-25 pursuant to section 4 of [this act,] Senate Bill No. 551 of this

33-26 session, if punished as a felony; or

33-27 (g) Any combination of the crimes listed in paragraphs (a)

33-28 to (f), inclusive.

33-29 Sec. 24. 1. Sections 9, 22, 27 and 28 of chapter 262, Statutes

33-30 of Nevada 2001, at pages 1163, 1166 and 1169, are hereby amended

33-31 to read respectively as follows:

33-32 Sec. 9. NRS 209.432 is hereby amended to read as

33-33 follows:

33-34 209.432 As used in NRS 209.432 to 209.451, inclusive,

33-35 unless the context otherwise requires:

33-36 1. “Offender” includes [a] :

33-37 (a) A person who is convicted of a felony under the laws

33-38 of this state and sentenced, ordered or otherwise assigned to

33-39 serve a term of residential confinement.

33-40 (b) A person who is convicted of a felony under the laws

33-41 of this state and assigned to the custody of the division of

33-42 parole and probation of the department of public safety

33-43 pursuant to section 7 of this act.

34-1 2. “Residential confinement” means the confinement of

34-2 a person convicted of a felony to his place of residence under

34-3 the terms and conditions established pursuant to specific

34-4 statute. The term does not include any confinement ordered

34-5 pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660

34-6 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to

34-7 213.1528, inclusive.

34-8 Sec. 22. Chapter 179 of NRS is hereby amended by

34-9 adding thereto a new section to read as follows:

34-10 1. Except as otherwise provided in subsections 3 and 4,

34-11 5 years after an eligible person completes a program for

34-12 reentry, the court may order sealed all documents, papers

34-13 and exhibits in the eligible person’s record, minute book

34-14 entries and entries on dockets, and other documents relating

34-15 to the case in the custody of such other agencies and

34-16 officers as are named in the court’s order. The court may

34-17 order those records sealed without a hearing unless the

34-18 division of parole and probation of the department of public

34-19 safety petitions the court, for good cause shown, not to seal

34-20 the records and requests a hearing thereon.

34-21 2. If the court orders sealed the record of an eligible

34-22 person, the court shall send a copy of the order to each

34-23 agency or officer named in the order. Each such agency or

34-24 officer shall notify the court in writing of its compliance

34-25 with the order.

34-26 3. A professional licensing board is entitled, for the

34-27 purpose of determining suitability for a license or liability to

34-28 discipline for misconduct, to inspect and to copy from a

34-29 record sealed pursuant to this section.

34-30 4. A person may not petition the court to seal records

34-31 relating to a conviction of a crime against a child or a

34-32 sexual offense.

34-33 5. As used in this section:

34-34 (a) “Crime against a child” has the meaning ascribed to

34-35 it in NRS 179D.210.

34-36 (b) “Eligible person” means a person who has:

34-37 (1) Successfully completed a program for reentry to

34-38 which he participated in pursuant to section 7 or 19 of this

34-39 act; and

34-40 (2) Been convicted of a single offense which was

34-41 punishable as a felony and which did not involve the use or

34-42 threatened use of force or violence against the victim. For

34-43 the purposes of this subparagraph, multiple convictions for

34-44 an offense punishable as a felony shall be deemed to

35-1 constitute a single offense if those offenses arose out of the

35-2 same transaction or occurrence.

35-3 (c) “Program for reentry” means a program for reentry

35-4 of prisoners and parolees into the community that is

35-5 established in a judicial district pursuant to section 6 of this

35-6 act.

35-7 (d) “Sexual offense” has the meaning ascribed to it in

35-8 paragraph (b) of subsection 7 of NRS 179.245.

35-9 Sec. 27. 1. The amendatory provisions of section [12]

35-10 11.5 of this act do not apply to offenses committed before

35-11 July 1, 2001.

35-12 2. The amendatory provisions of section 12 of this act

35-13 do not apply to offenses committed before July 1, 2003.

35-14 Sec. 28. 1. This section and sections 1 to 8, inclusive,

35-15 and 13 to 27, inclusive, of this act [becomes] become

35-16 effective on July 1, 2001.

35-17 2. Sections 8.5, 9.5, 10.5 and 11.5 of this act become

35-18 effective on July 1, 2001, and expire by limitation on

35-19 June 30, 2003.

35-20 3. Sections 9, 10, 11 and 12 of this act become effective

35-21 at 12:01 a.m. on July 1, 2003.

35-22 2. Chapter 262, Statutes of Nevada 2001, at page 1162, is

35-23 hereby amended by adding thereto a new section to be designated as

35-24 section 8.5, immediately following section 8, to read as follows:

35-25 Sec. 8.5. NRS 209.432 is hereby amended to read as

35-26 follows:

35-27 209.432 As used in NRS 209.432 to 209.451, inclusive,

35-28 unless the context otherwise requires:

35-29 1. “Offender” includes:

35-30 (a) A person who is convicted of a felony under the laws

35-31 of this state and sentenced, ordered or otherwise assigned to

35-32 serve a term of residential confinement.

35-33 (b) A person who is convicted of a felony under the laws

35-34 of this state and assigned to the custody of the division of

35-35 parole and probation of the department of public safety

35-36 pursuant to NRS 209.4314 [.] or section 7 of this act.

35-37 2. “Residential confinement” means the confinement of

35-38 a person convicted of a felony to his place of residence under

35-39 the terms and conditions established pursuant to specific

35-40 statute. The term does not include any confinement ordered

35-41 pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660

35-42 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to

35-43 213.1528, inclusive.

36-1 3. Chapter 262, Statutes of Nevada 2001, at page 1163, is

36-2 hereby amended by adding thereto a new section to be designated as

36-3 section 9.5, immediately following section 9, to read as follows:

36-4 Sec. 9.5. NRS 209.446 is hereby amended to read as

36-5 follows:

36-6 209.446 1. Every offender who is sentenced to prison

36-7 for a crime committed on or after July 1, 1985, but before

36-8 July 17, 1997, who has no serious infraction of the

36-9 regulations of the department, the terms and conditions of his

36-10 residential confinement, or the laws of the state recorded

36-11 against him, and who performs in a faithful, orderly and

36-12 peaceable manner the duties assigned to him, must be

36-13 allowed:

36-14 (a) For the period he is actually incarcerated under

36-15 sentence;

36-16 (b) For the period he is in residential confinement; and

36-17 (c) For the period he is in the custody of the division of

36-18 parole and probation of the department of public safety

36-19 pursuant to NRS 209.4314 [,] or section 7 of this act,

36-20 a deduction of 10 days from his sentence for each month he

36-21 serves.

36-22 2. In addition to the credit provided for in subsection 1,

36-23 the director may allow not more than 10 days of credit each

36-24 month for an offender whose diligence in labor and study

36-25 merits such credits. In addition to the credits allowed pursuant

36-26 to this subsection, an offender is entitled to the following

36-27 credits for educational achievement:

36-28 (a) For earning a general equivalency diploma, 30 days.

36-29 (b) For earning a high school diploma, 60 days.

36-30 (c) For earning an associate degree, 90 days.

36-31 3. The director may allow not more than 10 days of

36-32 credit each month for an offender who participates in a

36-33 diligent and responsible manner in a center for the purpose of

36-34 making restitution, conservation camp, program of work

36-35 release or another program conducted outside of the prison.

36-36 An offender who earns credit pursuant to this subsection is

36-37 entitled to the entire 20 days of credit each month which is

36-38 authorized in subsections 1 and 2.

36-39 4. The director may allow not more than 90 days of

36-40 credit each year for an offender who engages in exceptional

36-41 meritorious service.

36-42 5. The board shall adopt regulations governing the

36-43 award, forfeiture and restoration of credits pursuant to this

36-44 section.

36-45 6. Credits earned pursuant to this section:

37-1 (a) Must be deducted from the maximum term imposed

37-2 by the sentence; and

37-3 (b) Apply to eligibility for parole unless the offender was

37-4 sentenced pursuant to a statute which specifies a minimum

37-5 sentence which must be served before a person becomes

37-6 eligible for parole.

37-7 4. Chapter 262, Statutes of Nevada 2001, at page 1163, is

37-8 hereby amended by adding thereto a new section to be designated as

37-9 section 10.5, immediately following section 10, to read as follows:

37-10 Sec. 10.5. NRS 209.4465 is hereby amended to read as

37-11 follows:

37-12 209.4465 1. An offender who is sentenced to prison

37-13 for a crime committed on or after July 17, 1997, who has no

37-14 serious infraction of the regulations of the department, the

37-15 terms and conditions of his residential confinement or the

37-16 laws of the state recorded against him, and who performs in a

37-17 faithful, orderly and peaceable manner the duties assigned to

37-18 him, must be allowed:

37-19 (a) For the period he is actually incarcerated pursuant to

37-20 his sentence;

37-21 (b) For the period he is in residential confinement; and

37-22 (c) For the period he is in the custody of the division of

37-23 parole and probation of the department of public safety

37-24 pursuant to NRS 209.4314 [,] or section 7 of this act,

37-25 a deduction of 10 days from his sentence for each month he

37-26 serves.

37-27 2. In addition to the credits allowed pursuant to

37-28 subsection 1, the director may allow not more than 10 days of

37-29 credit each month for an offender whose diligence in labor

37-30 and study merits such credits. In addition to the credits

37-31 allowed pursuant to this subsection, an offender is entitled to

37-32 the following credits for educational achievement:

37-33 (a) For earning a general equivalency diploma, 30 days.

37-34 (b) For earning a high school diploma, 60 days.

37-35 (c) For earning his first associate degree, 90 days.

37-36 3. The director may, in his discretion, authorize an

37-37 offender to receive a maximum of 90 days of credit for each

37-38 additional degree of higher education earned by the offender.

37-39 4. The director may allow not more than 10 days of

37-40 credit each month for an offender who participates in a

37-41 diligent and responsible manner in a center for the purpose of

37-42 making restitution, conservation camp, program of work

37-43 release or another program conducted outside of the prison.

37-44 An offender who earns credit pursuant to this subsection is

38-1 eligible to earn the entire 20 days of credit each month that is

38-2 allowed pursuant to subsections 1 and 2.

38-3 5. The director may allow not more than 90 days of

38-4 credit each year for an offender who engages in exceptional

38-5 meritorious service.

38-6 6. The board shall adopt regulations governing the

38-7 award, forfeiture and restoration of credits pursuant to this

38-8 section.

38-9 7. Credits earned pursuant to this section:

38-10 (a) Must be deducted from the maximum term imposed

38-11 by the sentence; and

38-12 (b) Apply to eligibility for parole unless the offender was

38-13 sentenced pursuant to a statute which specifies a minimum

38-14 sentence that must be served before a person becomes eligible

38-15 for parole.

38-16 5. Chapter 262, Statutes of Nevada 2001, at page 1164, is

38-17 hereby amended by adding thereto a new section to be designated as

38-18 section 11.5, immediately following section 11, to read as follows:

38-19 Sec. 11.5. NRS 212.187 is hereby amended to read as

38-20 follows:

38-21 212.187 1. A prisoner who is in lawful custody or

38-22 confinement, other than in the custody of the division of

38-23 parole and probation of the department of public safety

38-24 pursuant to NRS 209.4314 or section 7 of this act or

38-25 residential confinement, and who voluntarily engages in

38-26 sexual conduct with another person is guilty of a category D

38-27 felony and shall be punished as provided in NRS 193.130.

38-28 2. A person who voluntarily engages in sexual conduct

38-29 with a prisoner who is in lawful custody or confinement,

38-30 other than in the custody of the division of parole and

38-31 probation of the department of public safety pursuant to NRS

38-32 209.4314 or section 7 of this act or residential confinement,

38-33 is guilty of a category D felony and shall be punished as

38-34 provided in NRS 193.130.

38-35 3. As used in this section, “sexual conduct”:

38-36 (a) Includes acts of masturbation, homosexuality, sexual

38-37 intercourse or physical contact with another person’s clothed

38-38 or unclothed genitals or pubic area to arouse, appeal to or

38-39 gratify the sexual desires of a person.

38-40 (b) Does not include acts of a person who has custody of

38-41 a prisoner or an employee of the institution in which the

38-42 prisoner is confined that are performed to carry out the

38-43 necessary duties of such a person or employee.

39-1 Sec. 25. Section 12 of chapter 264, Statutes of Nevada 2001,

39-2 at page 1172, is hereby amended to read as follows:

39-3 Sec. 12. NRS 118B.040 is hereby amended to read as

39-4 follows:

39-5 118B.040 1. A rental agreement or lease between a

39-6 landlord and tenant to rent or lease any [mobile]

39-7 manufactured home lot must be in writing. The landlord

39-8 shall give the tenant a copy of the agreement or lease at the

39-9 time the tenant signs it.

39-10 2. A rental agreement or lease must contain, but is not

39-11 limited to, provisions relating to:

39-12 (a) The duration of the agreement.

39-13 (b) The amount of rent, the manner and time of its

39-14 payment and the amount of any charges for late payment and

39-15 dishonored checks.

39-16 (c) Restrictions on occupancy by children or pets.

39-17 (d) Services and utilities included with the rental of a lot

39-18 and the responsibility of maintaining or paying for them,

39-19 including the charge, if any, for cleaning the lots.

39-20 (e) Deposits which may be required and the conditions for

39-21 their refund.

39-22 (f) Maintenance which the tenant is required to perform

39-23 and any appurtenances he is required to provide.

39-24 (g) The name and address of the owner of the [mobile]

39-25 manufactured home park and his authorized agent.

39-26 (h) Any restrictions on subletting.

39-27 (i) Any recreational facilities and other amenities

39-28 provided to the tenant and any deposits or fees required for

39-29 their use.

39-30 (j) Any restriction of the park to older persons pursuant to

39-31 federal law.

39-32 (k) The dimensions of the [mobile] manufactured home

39-33 lot of the tenant.

39-34 (l) A summary of the provisions of NRS 202.470.

39-35 (m) Information regarding the procedure pursuant to

39-36 which a tenant may report to the appropriate authorities:

39-37 (1) A nuisance.

39-38 (2) A violation of a building, safety or health code or

39-39 regulation.

39-40 (n) The amount to be charged each month to the tenant to

39-41 reimburse the landlord for the cost of a capital improvement

39-42 to the [mobile] manufactured home park. Such an amount

39-43 must be stated separately and include the length of time the

39-44 charge will be collected and the total amount to be recovered

40-1 by the landlord from all tenants in the [mobile] manufactured

40-2 home park.

40-3 Sec. 26. Section 5 of chapter 268, Statutes of Nevada 2001, at

40-4 page 1220, is hereby amended to read as follows:

40-5 Sec. 5. NRS 62.172 is hereby amended to read as

40-6 follows:

40-7 62.172 1. If a peace officer or probation officer has

40-8 probable cause to believe that a child is committing or has

40-9 committed an offense that involves the possession, use or

40-10 threatened use of a firearm, the officer shall take the child

40-11 into custody.

40-12 2. If a child is taken into custody for an offense

40-13 described in subsection 1, the child must not be released

40-14 before a detention hearing is held pursuant to subsection [8] 9

40-15 of NRS 62.170.

40-16 3. At a detention hearing held pursuant to subsection [8]

40-17 9 of NRS 62.170 concerning a child who was taken into

40-18 custody for an offense described in subsection 1, the judge or

40-19 master shall determine whether to order the child to be

40-20 evaluated by a qualified professional. If the judge or master

40-21 orders a child to be evaluated by a qualified professional, the

40-22 evaluation must be completed within 14 days after the

40-23 detention hearing. Until the evaluation is completed, the child

40-24 must be:

40-25 (a) Detained at a facility for the detention of juveniles; or

40-26 (b) Placed under a program of supervision in his home

40-27 that may include electronic surveillance of the child.

40-28 4. If a child is evaluated by a qualified professional

40-29 pursuant to subsection 3, the statements made by the child to

40-30 the qualified professional during the evaluation and any

40-31 evidence directly or indirectly derived from those statements

40-32 may not be used for any purpose in a proceeding which is

40-33 conducted to prove that the child committed a delinquent act

40-34 or criminal offense. The provisions of this subsection do not

40-35 prohibit the district attorney from proving that the child

40-36 committed a delinquent act or criminal offense based upon

40-37 evidence obtained from sources or by means that are

40-38 independent of the statements made by the child to the

40-39 qualified professional during the evaluation conducted

40-40 pursuant to subsection 3.

40-41 5. As used in this section:

40-42 (a) “Firearm” has the meaning ascribed to it in

40-43 NRS 202.253.

40-44 (b) “Qualified professional” means:

41-1 (1) A psychiatrist licensed to practice medicine in this

41-2 state and certified by the American Board of Psychiatry and

41-3 Neurology, Inc.;

41-4 (2) A psychologist licensed to practice in this state;

41-5 (3) A social worker holding a master’s degree in social

41-6 work and licensed in this state as a clinical social worker;

41-7 (4) A registered nurse holding a master’s degree in the

41-8 field of psychiatric nursing and licensed to practice

41-9 professional nursing in this state; or

41-10 (5) A marriage and family therapist licensed in this

41-11 state pursuant to chapter 641A of NRS.

41-12 Sec. 27. Section 2 of chapter 273, Statutes of Nevada 2001, at

41-13 page 1239, is hereby amended to read as follows:

41-14 Sec. 2. NRS 365.545 is hereby amended to read as

41-15 follows:

41-16 365.545 1. The proceeds of all taxes on fuel for jet or

41-17 turbine-powered aircraft imposed pursuant to the provisions

41-18 of NRS 365.170 or 365.203 must be deposited in the account

41-19 for taxes on fuel for jet or turbine-powered aircraft in the state

41-20 general fund and must be allocated monthly by the

41-21 department to the governmental entity which owns the airport

41-22 at which the tax was collected, or if the airport is privately

41-23 owned, to the county in which the airport is located.

41-24 2. The money so received must be used by the

41-25 governmental entity receiving it to pay the cost of:

41-26 (a) Transportation projects related to airports, including

41-27 access on the ground to airports;

41-28 (b) Payment of principal and interest on notes, bonds or

41-29 other obligations incurred to fund projects described in

41-30 paragraph (a);

41-31 (c) Promoting the use of an airport, including, without

41-32 limitation, increasing the number and availability of flights at

41-33 the airport; [or]

41-34 (d) Contributing money to the trust fund for aviation

41-35 created by section 1 of this act; or

41-36 (e) Any combination of those purposes.

41-37 3. Money so received may also be pledged for the

41-38 payment of general or special obligations issued to fund

41-39 projects described in paragraph (a) of subsection 2.

41-40 4. Any money pledged pursuant to the provisions of

41-41 subsection 3 may be treated as pledged revenues of the

41-42 project for the purposes of subsection 3 of NRS 350.020.

42-1 Sec. 28. Section 21 of chapter 275, Statutes of Nevada 2001,

42-2 at page 1251, is hereby amended to read as follows:

42-3 Sec. 21. NRS 523.164 is hereby amended to read as

42-4 follows:

42-5 523.164 1. The director shall adopt regulations for the

42-6 conservation of energy in buildings, including manufactured

42-7 homes, which establish the minimum standards for:

42-8 (a) The construction of floors, walls, ceilings and roofs;

42-9 (b) The equipment and systems for heating, ventilation

42-10 and air-conditioning;

42-11 (c) Electrical equipment and systems;

42-12 (d) Insulation; and

42-13 (e) Other factors which affect the use of energy in a

42-14 building.

42-15 2. The director may exempt a building from a standard if

42-16 he determines that application of the standard to the building

42-17 would not accomplish the purpose of the regulations.

42-18 3. The regulations must authorize allowances in design

42-19 and construction for sources of renewable energy used to

42-20 supply all or a part of the energy required in a building.

42-21 4. The standards adopted by the director are the

42-22 minimum standards for the conservation of energy which

42-23 apply only to areas in which the governing body of the local

42-24 government has not adopted standards for the conservation of

42-25 energy in buildings. Such governing bodies shall assist the

42-26 director in the enforcement of the regulations adopted

42-27 pursuant to this section.

42-28 5. The director shall solicit comments regarding the

42-29 adoption of regulations pursuant to this section from:

42-30 (a) Persons in the business of constructing and selling

42-31 homes;

42-32 (b) Contractors;

42-33 (c) Public utilities;

42-34 (d) Local building [inspectors;] officials; and

42-35 (e) The general public,

42-36 before adopting any regulations. The director must conduct at

42-37 least three hearings in different locations in the state, after

42-38 giving 30 days’ notice of each hearing, before he may adopt

42-39 any regulations pursuant to this section.

43-1 Sec. 29. Sections 4 and 6 of chapter 279, Statutes of Nevada

43-2 2001, at pages 1272 and 1274, respectively, are hereby amended to

43-3 read respectively as follows:

43-4 Sec. 4. NRS 338.1727 is hereby amended to read as

43-5 follows:

43-6 338.1727 1. After selecting the finalists pursuant to

43-7 NRS 338.1725, the public body shall provide to each finalist

43-8 a request for final proposals for the public work. The request

43-9 for final proposals must:

43-10 (a) Set forth the factors that the public body will use to

43-11 select a design-build team to design and construct the public

43-12 work, including the relative weight to be assigned to each

43-13 factor; and

43-14 (b) Set forth the date by which final proposals must be

43-15 submitted to the public body.

43-16 2. Except as otherwise provided in this subsection, in

43-17 assigning the relative weight to each factor for selecting a

43-18 design-build team pursuant to subsection 1, the public body

43-19 shall assign, without limitation, a relative weight of 5 percent

43-20 to the possession of a certificate of eligibility to receive a

43-21 preference in bidding on public works and a relative weight

43-22 of at least 30 percent to the proposed cost of design and

43-23 construction of the public work. If any federal statute or

43-24 regulation precludes the granting of federal assistance or

43-25 reduces the amount of that assistance for a particular public

43-26 work because of the provisions of this subsection relating to

43-27 preference in bidding on public works, those provisions of

43-28 this subsection do not apply insofar as their application would

43-29 preclude or reduce federal assistance for that public work.

43-30 3. A final proposal submitted by a design-build team

43-31 pursuant to this section must be prepared thoroughly, be

43-32 responsive to the criteria that the public body will use to

43-33 select a design-build team to design and construct the public

43-34 work described in subsection 1 and comply with the

43-35 provisions of NRS 338.141.

43-36 4. After receiving the final proposals for the public

43-37 work, the public body shall:

43-38 (a) Select the most cost-effective and responsive final

43-39 proposal, using the criteria set forth pursuant to subsections 1

43-40 and 2; or

43-41 (b) Reject all the final proposals.

43-42 5. If a public body selects a final proposal pursuant to

43-43 paragraph (a) of subsection 4, the public body shall, at its

43-44 next regularly scheduled meeting:

43-45 (a) Review and ratify the selection.

44-1 (b) Award the design-build contract to the design-build

44-2 team whose proposal is selected.

44-3 (c) Partially reimburse the unsuccessful finalists if partial

44-4 reimbursement was provided for in the request for

44-5 preliminary proposals pursuant to paragraph (f) of subsection

44-6 3 of NRS 338.1723. The amount of reimbursement must not

44-7 exceed, for each unsuccessful finalist, 3 percent of the total

44-8 amount to be paid to the design-build team as set forth in the

44-9 design-build contract.

44-10 (d) Make available to the public a summary setting forth

44-11 the factors used by the public body to select the successful

44-12 design-build team and the ranking of the design-build teams

44-13 who submitted final proposals. The public body shall not

44-14 release to a third party, or otherwise make public, financial or

44-15 proprietary information submitted by a design-build team.

44-16 6. A contract awarded pursuant to this section : [must

44-17 specify:]

44-18 (a) Must specify:

44-19 (1) An amount that is the maximum amount that the

44-20 public body will pay for the performance of all the work

44-21 required by the contract, excluding any amount related to

44-22 costs that may be incurred as a result of unexpected

44-23 conditions or occurrences as authorized by the contract;

44-24 [(b)] (2) An amount that is the maximum amount that the

44-25 public body will pay for the performance of the professional

44-26 services required by the contract; and

44-27 [(c)] (3) A date by which performance of the work

44-28 required by the contract must be completed.

44-29 (b) May set forth the terms by which the design-build

44-30 team agrees to name the public body, at the cost of the

44-31 public body, as an additional insured in an insurance policy

44-32 held by the design-build team.

44-33 (c) Except as otherwise provided in paragraph (d), must

44-34 not require the design professional to defend, indemnify or

44-35 hold harmless the public body or the employees, officers or

44-36 agents of that public body from any liability, damage, loss,

44-37 claim, action or proceeding caused by the negligence,

44-38 errors, omissions, recklessness or intentional misconduct of

44-39 the employees, officers and agents of the public body.

44-40 (d) May require the design-build team to defend,

44-41 indemnify and hold harmless the public body, and the

44-42 employees, officers and agents of the public body from any

44-43 liabilities, damages, losses, claims, actions or proceedings,

44-44 including, without limitation, reasonable attorneys’ fees,

44-45 that are caused by the negligence, errors, omissions,

45-1 recklessness or intentional misconduct of the design-build

45-2 team or the employees or agents of the design-build team in

45-3 the performance of the contract.

45-4 7. Any provision of a contract that is in violation of

45-5 paragraph (c) of subsection 6 is declared to be contrary to

45-6 the public policy of this state and is void.

45-7 8. A design-build team to whom a contract is awarded

45-8 pursuant to this section shall:

45-9 (a) Assume overall responsibility for ensuring that the

45-10 design and construction of the public work is completed in a

45-11 satisfactory manner; and

45-12 (b) Use the work force of the prime contractor on the

45-13 design-build team to construct at least 15 percent of the

45-14 public work.

45-15 Sec. 6. [1.] This section and sections 1, 2, 4 and 5 of

45-16 this act become effective on October 1, 2001.

45-17 [2. Section 4 of this act expires by limitation on

45-18 October 1, 2003.]

45-19 Sec. 30. 1. Sections 11, 37, 39, 40, 41, 42 and 44 of chapter

45-20 280, Statutes of Nevada 2001, at pages 1275, 1283, 1285, 1286 and

45-21 1287, are hereby amended to read respectively as follows:

45-22 Sec. 11. 1. Except as otherwise provided in

45-23 subsections 2 and 3, a party to an agreement to arbitrate or

45-24 to an arbitral proceeding may waive, or the parties may vary

45-25 the effect of, the requirements of sections 2 to 37, inclusive,

45-26 of this act to the extent permitted by law.

45-27 2. Before a controversy arises that is subject to an

45-28 agreement to arbitrate, a party to the agreement may not:

45-29 (a) Waive or agree to vary the effect of the requirements

45-30 of subsection 1 of section 12, subsection 1 of section 13,

45-31 section 15, subsection 1 or 2 of section 24, section 33 or 35

45-32 of this act;

45-33 (b) Agree to unreasonably restrict the right under

45-34 section 16 of this act to notice of the initiation of an arbitral

45-35 proceeding;

45-36 (c) Agree to unreasonably restrict the right under

45-37 section 19 of this act to disclosure of any facts by a neutral

45-38 arbitrator; or

45-39 (d) Waive the right under section 23 of this act of a party

45-40 to an agreement to arbitrate to be represented by a lawyer at

45-41 any proceeding or hearing under sections 2 to 37, inclusive,

45-42 of this act, but an employer and a labor organization may

45-43 waive the right to representation by a lawyer in a labor

45-44 arbitration.

46-1 3. A party to an agreement to arbitrate or arbitral

46-2 proceeding may not waive, or the parties may not vary the

46-3 effect of, the requirements of this section, NRS 38.330 or

46-4 subsection 1 or 3 of section 10, section 14, 21, 25,

46-5 subsection 3 or 4 of section 27, section 29, 30, 31,

46-6 subsection 1 or 2 of section 32, section 36, 37 or 38 of this

46-7 act.

46-8 Sec. 37. (Deleted by amendment.)

46-9 Sec. 39. NRS 38.330 is hereby amended to read as

46-10 follows:

46-11 38.330 1. If all parties named in a written claim filed

46-12 pursuant to NRS 38.320 agree to have the claim submitted for

46-13 mediation, the parties shall reduce the agreement to writing

46-14 and shall select a mediator from the list of mediators

46-15 maintained by the division pursuant to NRS 38.340. Any

46-16 mediator selected must be available within the geographic

46-17 area. If the parties fail to agree upon a mediator, the division

46-18 shall appoint a mediator from the list of mediators maintained

46-19 by the division. Any mediator appointed must be available

46-20 within the geographic area. Unless otherwise provided by an

46-21 agreement of the parties, mediation must be completed within

46-22 60 days after the parties agree to mediation. Any agreement

46-23 obtained through mediation conducted pursuant to this

46-24 section must, within 20 days after the conclusion of

46-25 mediation, be reduced to writing by the mediator and a copy

46-26 thereof provided to each party. The agreement may be

46-27 enforced as any other written agreement. Except as otherwise

46-28 provided in this section, the parties are responsible for all

46-29 costs of mediation conducted pursuant to this section.

46-30 2. If all the parties named in the claim do not agree to

46-31 mediation, the parties shall select an arbitrator from the list of

46-32 arbitrators maintained by the division pursuant to NRS

46-33 38.340. Any arbitrator selected must be available within the

46-34 geographic area. If the parties fail to agree upon an arbitrator,

46-35 the division shall appoint an arbitrator from the list

46-36 maintained by the division. Any arbitrator appointed must be

46-37 available within the geographic area. Upon appointing an

46-38 arbitrator, the division shall provide the name of the arbitrator

46-39 to each party.

46-40 3. The division may provide for the payment of the fees

46-41 for a mediator or an arbitrator selected or appointed pursuant

46-42 to this section from the account for the ombudsman for

46-43 owners in common-interest communities created pursuant to

46-44 NRS 116.1117, to the extent that money is available in the

46-45 account for this purpose.

47-1 4. Except as otherwise provided in this section and

47-2 except where inconsistent with the provisions of NRS 38.300

47-3 to 38.360, inclusive, the arbitration of a claim pursuant to this

47-4 section must be conducted in accordance with the provisions

47-5 of NRS 38.075 to 38.105, inclusive, 38.115, 38.125, 38.135,

47-6 38.155 and 38.165 [.] or sections 22, 23, 24, 26 to 29,

47-7 inclusive, 31 and 32 of this act, as determined pursuant to

47-8 section 10 of this act. At any time during the arbitration of a

47-9 claim relating to the interpretation, application or

47-10 enforcement of any covenants, conditions or restrictions

47-11 applicable to residential property or any bylaws, rules or

47-12 regulations adopted by an association, the arbitrator may

47-13 issue an order prohibiting the action upon which the claim is

47-14 based. An award must be made within 30 days after the

47-15 conclusion of arbitration, unless a shorter period is agreed

47-16 upon by the parties to the arbitration.

47-17 5. If all the parties have agreed to nonbinding

47-18 arbitration, any party to the arbitration may, within 30 days

47-19 after a decision and award have been served upon the parties,

47-20 commence a civil action in the proper court concerning the

47-21 claim which was submitted for arbitration. Any complaint

47-22 filed in such an action must contain a sworn statement

47-23 indicating that the issues addressed in the complaint have

47-24 been arbitrated pursuant to the provisions of NRS 38.300 to

47-25 38.360, inclusive. If such an action is not commenced within

47-26 that period, any party to the arbitration may, within 1 year

47-27 after the service of the award, apply to the proper court for a

47-28 confirmation of the award pursuant to NRS 38.135 [.] or

47-29 section 29 of this act, as determined pursuant to section 10

47-30 of this act.

47-31 6. If all the parties agree in writing to binding

47-32 arbitration, the arbitration must be conducted in accordance

47-33 with the provisions of chapter 38 of NRS. An award procured

47-34 pursuant to such arbitration may be vacated and a rehearing

47-35 granted upon application of a party pursuant to the provisions

47-36 of NRS 38.145 [.] or section 30 of this act, as determined

47-37 pursuant to section 10 of this act.

47-38 7. If, after the conclusion of arbitration, a party:

47-39 (a) Applies to have an award vacated and a rehearing

47-40 granted pursuant to NRS 38.145 [;] or section 30 of this act,

47-41 as determined pursuant to section 10 of this act; or

47-42 (b) Commences a civil action based upon any claim

47-43 which was the subject of arbitration,

47-44 the party shall, if he fails to obtain a more favorable award or

47-45 judgment than that which was obtained in the initial

48-1 arbitration, pay all costs and reasonable attorney’s fees

48-2 incurred by the opposing party after the application for a

48-3 rehearing was made or after the complaint in the civil action

48-4 was filed.

48-5 8. Upon request by a party, the division shall provide a

48-6 statement to the party indicating the amount of the fees for a

48-7 mediator or an arbitrator selected or appointed pursuant to

48-8 this section.

48-9 9. As used in this section, “geographic area” means an

48-10 area within 150 miles from any residential property or

48-11 association which is the subject of a written claim submitted

48-12 pursuant to NRS 38.320.

48-13 Sec. 40. NRS 280.190 is hereby amended to read as

48-14 follows:

48-15 280.190 The committee shall:

48-16 1. Direct the department to prepare and shall approve an

48-17 annual operating budget for the department.

48-18 2. Submit the budget to the governing bodies of the

48-19 participating political subdivisions before April 1 for funding

48-20 for the following fiscal year.

48-21 3. Direct the department to prepare and shall adopt the

48-22 funding apportionment plan provided for in NRS 280.201 and

48-23 submit the plan before February 1 to the governing bodies of

48-24 the participating political subdivisions for approval. The

48-25 governing bodies shall approve or reject the plan before

48-26 March 1.

48-27 4. If any of the governing bodies fails to approve the

48-28 apportionment plan, the plan or any disputed element thereof

48-29 must be submitted to an arbitration panel for resolution. The

48-30 governing body of each participating political subdivision

48-31 shall name one arbitrator to the panel, who must reside within

48-32 this state. If this results in an even number of arbitrators, the

48-33 arbitrators so named shall, by majority vote, select an

48-34 additional arbitrator, who must reside within this state and

48-35 who shall serve as chairman of the panel. The department

48-36 shall provide such advice and technical and clerical assistance

48-37 as is requested by the panel. The panel must make its decision

48-38 and submit it to the participating political subdivisions before

48-39 April 1. When submitted, the decision is final and binding

48-40 upon the participating political subdivisions. Except as

48-41 otherwise provided in this section, the provisions of the

48-42 Uniform Arbitration Act contained in NRS 38.015 to 38.205,

48-43 inclusive, or sections 2 to 37, inclusive, of this act, as

48-44 determined pursuant to section 10 of this act, apply.

49-1 Sec. 41. NRS 391.3194 is hereby amended to read as

49-2 follows:

49-3 391.3194 1. Within 5 days after the superintendent

49-4 receives the report of the hearing officer he shall either

49-5 withdraw the recommendation to demote, dismiss or not

49-6 reemploy the licensed employee or file his recommendation

49-7 with the board.

49-8 2. Within 15 days after the receipt of the

49-9 recommendation of the superintendent, the board shall either

49-10 accept or reject the hearing officer’s recommendation and

49-11 notify the licensed employee in writing of its decision.

49-12 3. The board may, before making a decision, refer the

49-13 report back to the hearing officer for further evidence and

49-14 recommendations. Within 15 days after the report is referred

49-15 to him, the hearing officer shall complete the report and file it

49-16 with the board and mail a copy to the superintendent and

49-17 licensed employee.

49-18 4. The licensed employee may appeal the decision to a

49-19 district court within the time limits and in the manner

49-20 provided by law for appeals of administrative decisions of

49-21 state agencies. If the report of the hearing officer is final and

49-22 binding, the employee or the board may request judicial

49-23 review of the report [pursuant to] in the manner provided in

49-24 NRS 38.145 or 38.155 [.] or sections 30 and 31 of this act, as

49-25 determined pursuant to section 10 of this act.

49-26 Sec. 42. NRS 487.563 is hereby amended to read as

49-27 follows:

49-28 487.563 1. Each person who submits an application for

49-29 registration pursuant to the provisions of NRS 487.560 must

49-30 include in the application a written statement to the

49-31 department that specifies whether he agrees to submit to

49-32 binding arbitration any claims against him arising out of a

49-33 contract for repairs made by him to a motor vehicle. If the

49-34 person fails to submit the statement to the department or

49-35 specifies in the statement that he does not agree to arbitrate

49-36 those claims, the person shall file with the department a bond

49-37 in the amount of $5,000, with a corporate surety for the bond

49-38 that is licensed to do business in this state. The form of the

49-39 bond must be approved by the attorney general and be

49-40 conditioned upon whether the applicant conducts his business

49-41 as an owner or operator of a garage without fraud or

49-42 fraudulent representation and in compliance with the

49-43 provisions of NRS 487.035, 487.530 to 487.570, inclusive,

49-44 and 597.480 to 597.590, inclusive.

50-1 2. The bond must be continuous in form and the total

50-2 aggregate liability on the bond must be limited to the payment

50-3 of the total amount of the bond.

50-4 3. In lieu of a bond required to be filed pursuant to the

50-5 provisions of subsection 1, a person may deposit with the

50-6 department, pursuant to the terms prescribed by the

50-7 department:

50-8 (a) A like amount of money or bonds of the United States

50-9 or of the State of Nevada of an actual market value of not less

50-10 than the amount fixed by the department; or

50-11 (b) A savings certificate of a bank or savings and loan

50-12 association located in this state, which must indicate an

50-13 account of an amount equal to the amount of the bond that

50-14 would otherwise be required pursuant to this section and that

50-15 the amount is unavailable for withdrawal except upon order

50-16 of the department. Interest earned on the certificate accrues to

50-17 the account of the applicant.

50-18 4. If a claim is arbitrated pursuant to the provisions of

50-19 this section, the proceedings for arbitration must be

50-20 conducted in accordance with the provisions of NRS 38.015

50-21 to 38.205, inclusive [.] , or sections 2 to 37, inclusive, of this

50-22 act, as determined pursuant to section 10 of this act.

50-23 5. If a person:

50-24 (a) Submits the statement to the department specifying

50-25 that he agrees to arbitrate a claim pursuant to the provisions

50-26 of subsection 1; and

50-27 (b) Fails to submit to binding arbitration any claim

50-28 specified in that subsection,

50-29 the person asserting the claim may notify the department of

50-30 that fact. Upon receipt of the notice, the department shall,

50-31 after notice and hearing, revoke or refuse to renew the

50-32 certificate of registration of the person who failed to submit

50-33 the claim to arbitration.

50-34 6. If a person fails to comply with an order of a court

50-35 that relates to the repair of a motor vehicle, the department

50-36 shall, after notice and hearing, revoke or refuse to renew the

50-37 certificate of registration of the person who failed to comply

50-38 with the order.

50-39 7. The department may reinstate or renew a certificate of

50-40 registration that is:

50-41 (a) Revoked pursuant to the provisions of subsection 5 if

50-42 the person whose certificate of registration is revoked:

51-1 (1) Submits the claim to arbitration pursuant to the

51-2 provisions of subsection 4 and notifies the department of that

51-3 fact; or

51-4 (2) Files a bond or makes a deposit with the

51-5 department pursuant to the provisions of this section.

51-6 (b) Revoked pursuant to the provisions of subsection 6 if

51-7 the person whose certificate of registration is revoked

51-8 complies with the order of the court.

51-9 Sec. 44. 1. This section and sections 1 to [38,

51-10 inclusive,] 39, inclusive, 40, 41 and 43.5 of this act become

51-11 effective on October 1, 2001.

51-12 2. Section 42 of this act becomes effective at 12:01 a.m.

51-13 on October 1, 2001.

51-14 3. Sections [39 to 43, inclusive,] 39.5, 40.5, 41.5, 42.3,

51-15 42.7 and 43 of this act become effective on October 1, 2003.

51-16 [3.] 4. Section 38 of this act expires by limitation on

51-17 [October 1,] September 30, 2003.

51-18 2. Chapter 280, Statutes of Nevada 2001, at page 1285, is

51-19 hereby amended by adding thereto a new section to be designated as

51-20 section 39.5, immediately following section 39, to read as follows:

51-21 Sec. 39.5. NRS 38.330 is hereby amended to read as

51-22 follows:

51-23 38.330 1. If all parties named in a written claim filed

51-24 pursuant to NRS 38.320 agree to have the claim submitted for

51-25 mediation, the parties shall reduce the agreement to writing

51-26 and shall select a mediator from the list of mediators

51-27 maintained by the division pursuant to NRS 38.340. Any

51-28 mediator selected must be available within the geographic

51-29 area. If the parties fail to agree upon a mediator, the division

51-30 shall appoint a mediator from the list of mediators maintained

51-31 by the division. Any mediator appointed must be available

51-32 within the geographic area. Unless otherwise provided by an

51-33 agreement of the parties, mediation must be completed within

51-34 60 days after the parties agree to mediation. Any agreement

51-35 obtained through mediation conducted pursuant to this

51-36 section must, within 20 days after the conclusion of

51-37 mediation, be reduced to writing by the mediator and a copy

51-38 thereof provided to each party. The agreement may be

51-39 enforced as any other written agreement. Except as otherwise

51-40 provided in this section, the parties are responsible for all

51-41 costs of mediation conducted pursuant to this section.

51-42 2. If all the parties named in the claim do not agree to

51-43 mediation, the parties shall select an arbitrator from the list of

51-44 arbitrators maintained by the division pursuant to NRS

51-45 38.340. Any arbitrator selected must be available within the

52-1 geographic area. If the parties fail to agree upon an arbitrator,

52-2 the division shall appoint an arbitrator from the list

52-3 maintained by the division. Any arbitrator appointed must be

52-4 available within the geographic area. Upon appointing an

52-5 arbitrator, the division shall provide the name of the arbitrator

52-6 to each party.

52-7 3. The division may provide for the payment of the fees

52-8 for a mediator or an arbitrator selected or appointed pursuant

52-9 to this section from the account for the ombudsman for

52-10 owners in common-interest communities created pursuant to

52-11 NRS 116.1117, to the extent that money is available in the

52-12 account for this purpose.

52-13 4. Except as otherwise provided in this section and

52-14 except where inconsistent with the provisions of NRS 38.300

52-15 to 38.360, inclusive, the arbitration of a claim pursuant to this

52-16 section must be conducted in accordance with the provisions

52-17 of [NRS 38.075 to 38.105, inclusive, 38.115, 38.125, 38.135,

52-18 38.155 and 38.165 or] sections 22, 23, 24, 26 to 29, inclusive,

52-19 31 and 32 [of this act, as determined pursuant to section 10]

52-20 of this act. At any time during the arbitration of a claim

52-21 relating to the interpretation, application or enforcement of

52-22 any covenants, conditions or restrictions applicable to

52-23 residential property or any bylaws, rules or regulations

52-24 adopted by an association, the arbitrator may issue an order

52-25 prohibiting the action upon which the claim is based. An

52-26 award must be made within 30 days after the conclusion of

52-27 arbitration, unless a shorter period is agreed upon by the

52-28 parties to the arbitration.

52-29 5. If all the parties have agreed to nonbinding

52-30 arbitration, any party to the arbitration may, within 30 days

52-31 after a decision and award have been served upon the parties,

52-32 commence a civil action in the proper court concerning the

52-33 claim which was submitted for arbitration. Any complaint

52-34 filed in such an action must contain a sworn statement

52-35 indicating that the issues addressed in the complaint have

52-36 been arbitrated pursuant to the provisions of NRS 38.300 to

52-37 38.360, inclusive. If such an action is not commenced within

52-38 that period, any party to the arbitration may, within 1 year

52-39 after the service of the award, apply to the proper court for a

52-40 confirmation of the award pursuant to [NRS 38.135 or]

52-41 section 29 [of this act, as determined pursuant to section 10]

52-42 of this act.

52-43 6. If all the parties agree in writing to binding

52-44 arbitration, the arbitration must be conducted in accordance

52-45 with the provisions of chapter 38 of NRS. An award procured

53-1 pursuant to such arbitration may be vacated and a rehearing

53-2 granted upon application of a party pursuant to the provisions

53-3 of [NRS 38.145 or] section 30 [of this act, as determined

53-4 pursuant to section 10] of this act.

53-5 7. If, after the conclusion of arbitration, a party:

53-6 (a) Applies to have an award vacated and a rehearing

53-7 granted pursuant to [NRS 38.145 or] section 30 [of this act, as

53-8 determined pursuant to section 10] of this act; or

53-9 (b) Commences a civil action based upon any claim

53-10 which was the subject of arbitration,

53-11 the party shall, if he fails to obtain a more favorable award or

53-12 judgment than that which was obtained in the initial

53-13 arbitration, pay all costs and reasonable attorney’s fees

53-14 incurred by the opposing party after the application for a

53-15 rehearing was made or after the complaint in the civil action

53-16 was filed.

53-17 8. Upon request by a party, the division shall provide a

53-18 statement to the party indicating the amount of the fees for a

53-19 mediator or an arbitrator selected or appointed pursuant to

53-20 this section.

53-21 9. As used in this section, “geographic area” means an

53-22 area within 150 miles from any residential property or

53-23 association which is the subject of a written claim submitted

53-24 pursuant to NRS 38.320.

53-25 3. Chapter 280, Statutes of Nevada 2001, at page 1285, is

53-26 hereby amended by adding thereto a new section to be designated as

53-27 section 40.5, immediately following section 40, to read as follows:

53-28 Sec. 40.5. NRS 280.190 is hereby amended to read as

53-29 follows:

53-30 280.190 The committee shall:

53-31 1. Direct the department to prepare and shall approve an

53-32 annual operating budget for the department.

53-33 2. Submit the budget to the governing bodies of the

53-34 participating political subdivisions before April 1 for funding

53-35 for the following fiscal year.

53-36 3. Direct the department to prepare and shall adopt the

53-37 funding apportionment plan provided for in NRS 280.201 and

53-38 submit the plan before February 1 to the governing bodies of

53-39 the participating political subdivisions for approval. The

53-40 governing bodies shall approve or reject the plan before

53-41 March 1.

53-42 4. If any of the governing bodies fails to approve the

53-43 apportionment plan, the plan or any disputed element thereof

53-44 must be submitted to an arbitration panel for resolution. The

53-45 governing body of each participating political subdivision

54-1 shall name one arbitrator to the panel, who must reside within

54-2 this state. If this results in an even number of arbitrators, the

54-3 arbitrators so named shall, by majority vote, select an

54-4 additional arbitrator, who must reside within this state and

54-5 who shall serve as chairman of the panel. The department

54-6 shall provide such advice and technical and clerical assistance

54-7 as is requested by the panel. The panel must make its decision

54-8 and submit it to the participating political subdivisions before

54-9 April 1. When submitted, the decision is final and binding

54-10 upon the participating political subdivisions. Except as

54-11 otherwise provided in this section, the provisions of [the

54-12 Uniform Arbitration Act contained in NRS 38.015 to 38.205,

54-13 inclusive, or] sections 2 to 37, inclusive, of this act [, as

54-14 determined pursuant to section 10 of this act,] apply.

54-15 4. Chapter 280, Statutes of Nevada 2001, at page 1285, is

54-16 hereby amended by adding thereto a new section to be designated as

54-17 section 41.5, immediately following section 41, to read as follows:

54-18 Sec. 41.5. NRS 391.3194 is hereby amended to read as

54-19 follows:

54-20 391.3194 1. Within 5 days after the superintendent

54-21 receives the report of the hearing officer he shall either

54-22 withdraw the recommendation to demote, dismiss or not

54-23 reemploy the licensed employee or file his recommendation

54-24 with the board.

54-25 2. Within 15 days after the receipt of the

54-26 recommendation of the superintendent, the board shall either

54-27 accept or reject the hearing officer’s recommendation and

54-28 notify the licensed employee in writing of its decision.

54-29 3. The board may, before making a decision, refer the

54-30 report back to the hearing officer for further evidence and

54-31 recommendations. Within 15 days after the report is referred

54-32 to him, the hearing officer shall complete the report and file it

54-33 with the board and mail a copy to the superintendent and

54-34 licensed employee.

54-35 4. The licensed employee may appeal the decision to a

54-36 district court within the time limits and in the manner

54-37 provided by law for appeals of administrative decisions of

54-38 state agencies. If the report of the hearing officer is final and

54-39 binding, the employee or the board may request judicial

54-40 review of the report in the manner provided in [NRS 38.145

54-41 or 38.155 or] sections 30 and 31 of [this act, as determined

54-42 pursuant to section 10 of] this act.

55-1 5. Chapter 280, Statutes of Nevada 2001, at page 1286, is

55-2 hereby amended by adding thereto new sections to be designated as

55-3 sections 42.3 and 42.7, immediately following section 42, to read as

55-4 follows:

55-5 Sec. 42.3. NRS 487.563 is hereby amended to read as

55-6 follows:

55-7 487.563 1. Each person who submits an application for

55-8 registration pursuant to the provisions of NRS 487.560 must

55-9 include in the application a written statement to the

55-10 department that specifies whether he agrees to submit to

55-11 binding arbitration any claims against him arising out of a

55-12 contract for repairs made by him to a motor vehicle. If the

55-13 person fails to submit the statement to the department or

55-14 specifies in the statement that he does not agree to arbitrate

55-15 those claims, the person shall file with the department a bond

55-16 in the amount of $5,000, with a corporate surety for the bond

55-17 that is licensed to do business in this state. The form of the

55-18 bond must be approved by the attorney general and be

55-19 conditioned upon whether the applicant conducts his business

55-20 as an owner or operator of a garage without fraud or

55-21 fraudulent representation and in compliance with the

55-22 provisions of NRS 487.035, 487.530 to 487.570, inclusive,

55-23 and 597.480 to 597.590, inclusive.

55-24 2. The bond must be continuous in form and the total

55-25 aggregate liability on the bond must be limited to the payment

55-26 of the total amount of the bond.

55-27 3. In lieu of a bond required to be filed pursuant to the

55-28 provisions of subsection 1, a person may deposit with the

55-29 department, pursuant to the terms prescribed by the

55-30 department:

55-31 (a) A like amount of money or bonds of the United States

55-32 or of the State of Nevada of an actual market value of not less

55-33 than the amount fixed by the department; or

55-34 (b) A savings certificate of a bank or savings and loan

55-35 association located in this state, which must indicate an

55-36 account of an amount equal to the amount of the bond that

55-37 would otherwise be required pursuant to this section and that

55-38 the amount is unavailable for withdrawal except upon order

55-39 of the department. Interest earned on the certificate accrues to

55-40 the account of the applicant.

55-41 4. If a claim is arbitrated pursuant to the provisions of

55-42 this section, the proceedings for arbitration must be

55-43 conducted in accordance with the provisions of [NRS 38.015

55-44 to 38.205, inclusive, or] sections 2 to 37, inclusive, [of this

55-45 act, as determined pursuant to section 10] of this act.

56-1 5. If a person:

56-2 (a) Submits the statement to the department specifying

56-3 that he agrees to arbitrate a claim pursuant to the provisions

56-4 of subsection 1; and

56-5 (b) Fails to submit to binding arbitration any claim

56-6 specified in that subsection,

56-7 the person asserting the claim may notify the department of

56-8 that fact. Upon receipt of the notice, the department shall,

56-9 after notice and hearing, revoke or refuse to renew the

56-10 certificate of registration of the person who failed to submit

56-11 the claim to arbitration.

56-12 6. If a person fails to comply with an order of a court

56-13 that relates to the repair of a motor vehicle, the department

56-14 shall, after notice and hearing, revoke or refuse to renew the

56-15 certificate of registration of the person who failed to comply

56-16 with the order.

56-17 7. The department may reinstate or renew a certificate of

56-18 registration that is:

56-19 (a) Revoked pursuant to the provisions of subsection 5 if

56-20 the person whose certificate of registration is revoked:

56-21 (1) Submits the claim to arbitration pursuant to the

56-22 provisions of subsection 4 and notifies the department of that

56-23 fact; or

56-24 (2) Files a bond or makes a deposit with the

56-25 department pursuant to the provisions of this section.

56-26 (b) Revoked pursuant to the provisions of subsection 6 if

56-27 the person whose certificate of registration is revoked

56-28 complies with the order of the court.

56-29 Sec. 42.7. Section 11 of this act is hereby amended to

56-30 read as follows:

56-31 Sec. 11. 1. Except as otherwise provided in

56-32 subsections 2 and 3, a party to an agreement to arbitrate or

56-33 to an arbitral proceeding may waive, or the parties may

56-34 vary the effect of, the requirements of sections 2 to 37,

56-35 inclusive, of this act to the extent permitted by law.

56-36 2. Before a controversy arises that is subject to an

56-37 agreement to arbitrate, a party to the agreement may not:

56-38 (a) Waive or agree to vary the effect of the

56-39 requirements of subsection 1 of section 12, subsection 1 of

56-40 section 13, section 15, subsection 1 or 2 of section 24,

56-41 section 33, or section 35 of this act;

56-42 (b) Agree to unreasonably restrict the right under

56-43 section 16 of this act to notice of the initiation of an

56-44 arbitral proceeding;

57-1 (c) Agree to unreasonably restrict the right under

57-2 section 19 of this act to disclosure of any facts by a neutral

57-3 arbitrator; or

57-4 (d) Waive the right under section 23 of this act of a

57-5 party to an agreement to arbitrate to be represented by a

57-6 lawyer at any proceeding or hearing under sections 2 to

57-7 37, inclusive, of this act, but an employer and a labor

57-8 organization may waive the right to representation by a

57-9 lawyer in a labor arbitration.

57-10 3. A party to an agreement to arbitrate or arbitral

57-11 proceeding may not waive, or the parties may not vary the

57-12 effect of, the requirements of this section, NRS 38.330 or

57-13 subsection 1 or 3 of section 10, section 14, 21, 25,

57-14 subsection 3 or 4 of section 27, section 29, 30, 31,

57-15 subsection 1 or 2 of section 32, section 36 [, 37 or 38] or

57-16 37 of this act.

57-17 6. Chapter 280, Statutes of Nevada 2001, at page 1286, is

57-18 hereby amended by adding thereto a new section to be designated as

57-19 section 43.5, immediately following section 43, to read as follows:

57-20 Sec. 43.5. Sections 2 to 36, inclusive, of this act do not

57-21 affect an action or proceeding commenced or right accrued

57-22 before October 1, 2001. Subject to section 10 of this act, an

57-23 agreement to arbitrate made before October 1, 2001, is

57-24 governed by the provisions of NRS 38.015 to 38.205,

57-25 inclusive, as they existed on that date.

57-26 Sec. 31. Section 3 of chapter 283, Statutes of Nevada 2001, at

57-27 page 1296, is hereby amended to read as follows:

57-28 Sec. 3. NRS 445B.500 is hereby amended to read as

57-29 follows:

57-30 445B.500 1. Except as otherwise provided in this

57-31 section and in NRS 445B.310:

57-32 (a) The district board of health, county board of health or

57-33 board of county commissioners in each county whose

57-34 population is 100,000 or more shall establish a program for

57-35 the control of air pollution and administer the program within

57-36 its jurisdiction unless superseded.

57-37 (b) The program:

57-38 (1) Must include, without limitation, standards for the

57-39 control of emissions, emergency procedures and variance

57-40 procedures established by ordinance or local regulation which

57-41 are equivalent to or stricter than those established by statute

57-42 or state regulation;

57-43 (2) May, in a county whose population is 400,000 or

57-44 more, include requirements for the creation, receipt and

58-1 exchange for consideration of credits to reduce and control air

58-2 contaminants in accordance with NRS 445B.508; and

58-3 (3) Must provide for adequate administration,

58-4 enforcement, financing and staff.

58-5 (c) The district board of health, county board of health or

58-6 board of county commissioners is designated as the air

58-7 pollution control agency of the county for the purposes of

58-8 NRS 445B.100 to 445B.640, inclusive, and the federal act

58-9 insofar as it pertains to local programs, and that agency is

58-10 authorized to take all action necessary to secure for the

58-11 county the benefits of the federal act.

58-12 (d) Powers and responsibilities provided for in NRS

58-13 445B.210, 445B.240 to [445B.450,] 445B.470, inclusive,

58-14 445B.560, 445B.570, 445B.580 and 445B.640 are binding

58-15 upon and inure to the benefit of local air pollution control

58-16 authorities within their jurisdiction.

58-17 2. The local air pollution control board shall carry out all

58-18 provisions of NRS 445B.215 with the exception that notices

58-19 of public hearings must be given in any newspaper, qualified

58-20 pursuant to the provisions of chapter 238 of NRS, once a

58-21 week for 3 weeks. The notice must specify with particularity

58-22 the reasons for the proposed regulations and provide other

58-23 informative details. NRS 445B.215 does not apply to the

58-24 adoption of existing regulations upon transfer of authority as

58-25 provided in NRS 445B.610.

58-26 3. In a county whose population is 400,000 or more, the

58-27 local air pollution control board may delegate to an

58-28 independent hearing officer or hearing board its authority to

58-29 determine violations and levy administrative penalties for

58-30 violations of the provisions of NRS 445B.100 to 445B.450,

58-31 inclusive, and 445B.500 to 445B.640, inclusive, or any

58-32 regulation adopted pursuant to those sections. If such a

58-33 delegation is made, 17.5 percent of any penalty collected

58-34 must be deposited in the county treasury in an account to be

58-35 administered by the local air pollution control board to a

58-36 maximum of $17,500 per year. The money in the account

58-37 may only be used to defray the administrative expenses

58-38 incurred by the local air pollution control board in enforcing

58-39 the provisions of NRS 445B.100 to 445B.640, inclusive. The

58-40 remainder of the penalty must be deposited in the county

58-41 school district fund of the county where the violation

58-42 occurred.

58-43 4. Any county whose population is less than 100,000 or

58-44 any city may meet the requirements of this section for

58-45 administration and enforcement through cooperative or

59-1 interlocal agreement with one or more other counties, or

59-2 through agreement with the state, or may establish its own

59-3 program for the control of air pollution. If the county

59-4 establishes such a program, it is subject to the approval of the

59-5 commission.

59-6 5. No district board of health, county board of health or

59-7 board of county commissioners may adopt any regulation or

59-8 establish a compliance schedule, variance order or other

59-9 enforcement action relating to the control of emissions from

59-10 plants which generate electricity by using steam produced by

59-11 the burning of fossil fuel.

59-12 6. For the purposes of this section, “plants which

59-13 generate electricity by using steam produced by the burning

59-14 of fossil fuel” means plants that burn fossil fuels in a boiler to

59-15 produce steam for the production of electricity. The term does

59-16 not include any plant which uses technology for a simple or

59-17 combined cycle combustion turbine, regardless of whether the

59-18 plant includes duct burners.

59-19 Sec. 32. Section 6 of chapter 285, Statutes of Nevada 2001, at

59-20 page 1311, is hereby amended to read as follows:

59-21 Sec. 6. NRS 179D.035 is hereby amended to read as

59-22 follows:

59-23 179D.035 “Convicted” includes, but is not limited to, an

59-24 adjudication of delinquency or a finding of guilt by a court

59-25 having jurisdiction over juveniles if the adjudication of

59-26 delinquency or the finding of guilt is for the commission of

59-27 any of the following offenses:

59-28 1. A crime against a child that is listed in subsection 6 of

59-29 NRS 179D.210.

59-30 2. A sexual offense that is listed in subsection 20 of

59-31 NRS 179D.410.

59-32 3. A sexual offense that is listed in paragraph (b) of

59-33 subsection [3] 2 of NRS 62.600.

59-34 Sec. 33. Sections 5 and 6 of chapter 294, Statutes of Nevada

59-35 2001, at pages 1348 and 1350, respectively, are hereby amended to

59-36 read respectively as follows:

59-37 Sec. 5. NRS 350.020 is hereby amended to read as

59-38 follows:

59-39 350.020 1. Except as otherwise provided by

59-40 subsections 3 and 4, if a municipality proposes to issue or

59-41 incur general obligations, the proposal must be submitted to

59-42 the electors of the municipality at a special election called for

59-43 that purpose or the next general municipal election or general

59-44 state election.

59-45 2. Such a special election may be held:

60-1 (a) At any time, including, without limitation, on the date

60-2 of a primary municipal election or a primary state election, if

60-3 the governing body of the municipality determines, by a

60-4 unanimous vote, that an emergency exists; or

60-5 (b) On the first Tuesday after the first Monday in June of

60-6 an odd-numbered year.

60-7 The determination made by the governing body is conclusive

60-8 unless it is shown that the governing body acted with fraud or

60-9 a gross abuse of discretion. An action to challenge the

60-10 determination made by the governing body must be

60-11 commenced within 15 days after the governing body’s

60-12 determination is final. As used in this subsection,

60-13 “emergency” means any occurrence or combination of

60-14 occurrences which requires immediate action by the

60-15 governing body of the municipality to prevent or mitigate a

60-16 substantial financial loss to the municipality or to enable the

60-17 governing body to provide an essential service to the

60-18 residents of the municipality.

60-19 3. If payment of a general obligation of the municipality

60-20 is additionally secured by a pledge of gross or net revenue of

60-21 a project to be financed by its issue, and the governing body

60-22 determines, by an affirmative vote of two-thirds of the

60-23 members elected to the governing body, that the pledged

60-24 revenue will at least equal the amount required in each year

60-25 for the payment of interest and principal, without regard to

60-26 any option reserved by the municipality for early redemption,

60-27 the municipality may, after a public hearing, incur this

60-28 general obligation without an election unless, within [60] 90

60-29 days after publication of a resolution of intent to issue the

60-30 bonds, a petition is presented to the governing body signed by

60-31 not less than 5 percent of the registered voters of the

60-32 [municipality who together with any corporate petitioners

60-33 own not less than 2 percent in assessed value of the taxable

60-34 property of the] municipality. Any member elected to the

60-35 governing body whose authority to vote is limited by charter,

60-36 statute or otherwise may vote on the determination required

60-37 to be made by the governing body pursuant to this subsection.

60-38 The determination by the governing body becomes

60-39 conclusive on the last day for filing the petition. For the

60-40 purpose of this subsection, the number of registered voters

60-41 must be determined as of the close of registration for the last

60-42 preceding general election . [and assessed values must be

60-43 determined from the next preceding final assessment roll. An

60-44 authorized corporate officer may sign such a petition whether

60-45 or not he is a registered voter.] The resolution of intent need

61-1 not be published in full, but the publication must include the

61-2 amount of the obligation and the purpose for which it is to be

61-3 incurred. Notice of the public hearing must be published at

61-4 least 10 days before the day of the hearing. The publications

61-5 must be made once in a newspaper of general circulation in

61-6 the municipality. When published, the notice of the public

61-7 hearing must be at least as large as 5 inches high by 4 inches

61-8 wide.

61-9 4. The board of trustees of a school district may issue

61-10 general obligation bonds which are not expected to result in

61-11 an increase in the existing property tax levy for the payment

61-12 of bonds of the school district without holding an election for

61-13 each issuance of the bonds if the qualified electors approve a

61-14 question submitted by the board of trustees that authorizes

61-15 issuance of bonds for a period of 10 years after the date of

61-16 approval by the voters. If the question is approved, the board

61-17 of trustees of the school district may issue the bonds for a

61-18 period of 10 years after the date of approval by the voters,

61-19 after obtaining the approval of the debt management

61-20 commission in the county in which the school district is

61-21 located and, in a county whose population is 100,000 or

61-22 more, the approval of the oversight panel for school facilities

61-23 established pursuant to NRS 393.092 in that county, if the

61-24 board of trustees of the school district finds that the existing

61-25 tax for debt service will at least equal the amount required to

61-26 pay the principal and interest on the outstanding general

61-27 obligations of the school district and the general obligations

61-28 proposed to be issued. The finding made by the board of

61-29 trustees is conclusive in the absence of fraud or gross abuse

61-30 of discretion. As used in this subsection, “general

61-31 obligations” does not include medium-term obligations issued

61-32 pursuant to NRS 350.087 to 350.095, inclusive.

61-33 5. At the time of issuance of bonds authorized pursuant

61-34 to subsection 4, the board of trustees shall establish a reserve

61-35 account in its debt service fund for payment of the

61-36 outstanding bonds of the school district. The reserve account

61-37 must be established and maintained in an amount at least

61-38 equal to the lesser of the amount of principal and interest

61-39 payments due on all of the outstanding bonds of the school

61-40 district in the next fiscal year or 10 percent of the outstanding

61-41 principal amount of the outstanding bonds of the school

61-42 district. If the amount in the reserve account falls below the

61-43 amount required by this subsection:

62-1 (a) The board of trustees shall not issue additional bonds

62-2 pursuant to subsection 4 until the reserve account is restored

62-3 to the level required by this subsection; and

62-4 (b) The board of trustees shall apply all of the taxes levied

62-5 by the school district for payment of bonds of the school

62-6 district that are not needed for payment of the principal and

62-7 interest on bonds of the school district in the current fiscal

62-8 year to restore the reserve account to the level required

62-9 pursuant to this subsection.

62-10 6. A municipality may issue special or medium-term

62-11 obligations without an election.

62-12 Sec. 6. The amendatory provisions of this act do not

62-13 apply to any building leased as of the effective date of this

62-14 act pursuant to an agreement that would prohibit the lessee

62-15 from complying with the provisions of section [1] 2 of this

62-16 act until the agreement expires or is renewed.

62-17 Sec. 34. Section 1 of chapter 295, Statutes of Nevada 2001, at

62-18 page 1350, is hereby amended to read as follows:

62-19 Section 1. NRS 449.160 is hereby amended to read as

62-20 follows:

62-21 449.160 1. The health division may deny an

62-22 application for a license or may suspend or revoke any license

62-23 issued under the provisions of NRS 449.001 to 449.240,

62-24 inclusive, upon any of the following grounds:

62-25 [1.] (a) Violation by the applicant or the licensee of any

62-26 of the provisions of NRS 439B.410 [,] or 449.001 to 449.245,

62-27 inclusive, or of any other law of this state or of the standards,

62-28 rules and regulations adopted thereunder.

62-29 [2.] (b) Aiding, abetting or permitting the commission of

62-30 any illegal act.

62-31 [3.] (c) Conduct inimical to the public health, morals,

62-32 welfare and safety of the people of the State of Nevada in the

62-33 maintenance and operation of the premises for which a

62-34 license is issued.

62-35 [4.] (d) Conduct or practice detrimental to the health or

62-36 safety of the occupants or employees of the facility.

62-37 [5.] (e) Failure of the applicant to obtain written approval

62-38 from the director of the department of human resources

62-39 required by NRS 439A.100 or as provided in any regulation

62-40 adopted pursuant to this chapter, if such approval is required.

62-41 2. In addition to the provisions of subsection 1, the

62-42 health division may revoke a license to operate a facility for

62-43 the dependent if, with respect to that facility, the licensee

62-44 that operates the facility, or an agent or employee of the

62-45 licensee:

63-1 (a) Is convicted of violating any of the provisions of

63-2 NRS 202.470;

63-3 (b) Is ordered to but fails to abate a nuisance pursuant

63-4 to NRS 244.360, 244.3603 or 268.4124; or

63-5 (c) Is ordered by the appropriate governmental agency

63-6 to correct a violation of a building, safety or health code or

63-7 regulation but fails to correct the violation.

63-8 3. The health division shall maintain a log of any

63-9 complaints that it receives relating to activities for which the

63-10 health division may revoke the license to operate a facility

63-11 for the dependent pursuant to subsection 2.

63-12 4. On or before February 1 of each odd-numbered

63-13 year, the health division shall submit to the director of the

63-14 legislative counsel bureau a written report setting forth, for

63-15 the previous biennium:

63-16 (a) Any complaints included in the log maintained by

63-17 the health division pursuant to subsection 3; and

63-18 (b) Any disciplinary actions taken by the health division

63-19 pursuant to subsection 2.

63-20 Sec. 35. 1. Sections 4, 76, 98, 99, 106 and 131 of chapter

63-21 296, Statutes of Nevada 2001, at pages 1358, 1389, 1399, 1400,

63-22 1402 and 1413, respectively, are hereby amended to read

63-23 respectively as follows:

63-24 Sec. 4. NRS 78.010 is hereby amended to read as

63-25 follows:

63-26 78.010 1. As used in this chapter:

63-27 (a) “Approval” and “vote” as describing action by the

63-28 directors or stockholders mean the vote of directors in person

63-29 or by written consent or of stockholders in person, by proxy

63-30 or by written consent.

63-31 (b) “Articles,” “articles of incorporation” and “certificate

63-32 of incorporation” are synonymous terms and unless the

63-33 context otherwise requires, include all certificates filed

63-34 pursuant to NRS 78.030, 78.1955, 78.209, 78.380, 78.385 and

63-35 78.390 and any articles of merger [or] , conversion, exchange

63-36 or domestication filed pursuant to NRS 92A.200 to 92A.240,

63-37 inclusive [.] , and sections 109 to 115, inclusive, of this act.

63-38 Unless the context otherwise requires, these terms include

63-39 restated articles and certificates of incorporation.

63-40 (c) “Directors” and “trustees” are synonymous terms.

63-41 (d) “Receiver” includes receivers and trustees appointed

63-42 by a court as provided in this chapter or in chapter 32 of NRS.

63-43 (e) “Registered office” means the office maintained at the

63-44 street address of the resident agent.

64-1 (f) “Resident agent” means the agent appointed by the

64-2 corporation upon whom process or a notice or demand

64-3 authorized by law to be served upon the corporation may be

64-4 served.

64-5 (g) “Sign” means to affix a signature to a document.

64-6 (h) “Signature” means a name, word or mark executed or

64-7 adopted by a person with the present intention to authenticate

64-8 a document. The term includes, without limitation, an

64-9 electronic signature as defined in section 11 of [this act.]

64-10 Senate Bill No. 49 of this session.

64-11 (i) “Stockholder of record” means a person whose name

64-12 appears on the stock ledger of the corporation.

64-13 (j) “Street address” of a resident agent means the actual

64-14 physical location in this state at which a resident agent is

64-15 available for service of process.

64-16 2. General terms and powers given in this chapter are

64-17 not restricted by the use of special terms, or by any grant of

64-18 special powers contained in this chapter.

64-19 Sec. 76. NRS 86.274 is hereby amended to read as

64-20 follows:

64-21 86.274 1. The secretary of state shall notify, by letter

64-22 addressed to its resident agent, each limited-liability company

64-23 deemed in default pursuant to the provisions of this chapter.

64-24 The notice must be accompanied by a statement indicating

64-25 the amount of the filing fee, penalties and costs remaining

64-26 unpaid.

64-27 2. On the first day of the [ninth] first anniversary of the

64-28 month following the month in which the filing was required,

64-29 the charter of the company is revoked and its right to transact

64-30 business is forfeited.

64-31 3. The secretary of state shall compile a complete list

64-32 containing the names of all limited-liability companies whose

64-33 right to do business has been forfeited. The secretary of state

64-34 shall forthwith notify each limited-liability company by letter

64-35 addressed to its resident agent of the forfeiture of its charter.

64-36 The notice must be accompanied by a statement indicating

64-37 the amount of the filing fee, penalties and costs remaining

64-38 unpaid.

64-39 4. If the charter of a limited-liability company is revoked

64-40 and the right to transact business is forfeited, all of the

64-41 property and assets of the defaulting company must be held in

64-42 trust by the managers or, if none, by the members of the

64-43 company, and the same proceedings may be had with respect

64-44 to its property and assets as apply to the dissolution of a

64-45 limited-liability company [.] pursuant to NRS 86.505 and

65-1 86.521. Any person interested may institute proceedings at

65-2 any time after a forfeiture has been declared, but if the

65-3 secretary of state reinstates the charter the proceedings must

65-4 be dismissed and all property restored to the company.

65-5 5. If the assets are distributed they must be applied in the

65-6 following manner:

65-7 (a) To the payment of the filing fee, penalties and costs

65-8 due to the state; and

65-9 (b) To the payment of the creditors of the

65-10 company.

65-11 Any balance remaining must be distributed among the

65-12 members as provided in subsection 1 of NRS 86.521.

65-13 Sec. 98. NRS 88.400 is hereby amended to read as

65-14 follows:

65-15 88.400 1. If a [corporation] limited partnership has

65-16 filed the list in compliance with NRS 88.395 and has paid the

65-17 appropriate fee for the filing, the canceled check received by

65-18 the limited partnership constitutes a certificate authorizing it

65-19 to transact its business within this state until the anniversary

65-20 date of the filing of its certificate of limited partnership in the

65-21 next succeeding calendar year. If the limited partnership

65-22 desires a formal certificate upon its payment of the annual

65-23 fee, its payment must be accompanied by a self-addressed,

65-24 stamped envelope.

65-25 2. Each limited partnership which refuses or neglects to

65-26 file the list and pay the fee within the time provided is in

65-27 default.

65-28 3. For default there must be added to the amount of the

65-29 fee a penalty of $15, and unless the filings are made and

65-30 the fee and penalty are paid on or before the first day of the

65-31 [ninth] first anniversary of the month following the month in

65-32 which filing was required, the defaulting limited partnership,

65-33 by reason of its default, forfeits its right to transact any

65-34 business within this state.

65-35 Sec. 99. NRS 88.405 is hereby amended to read as

65-36 follows:

65-37 88.405 1. The secretary of state shall notify, by letter

65-38 addressed to its resident agent, each defaulting limited

65-39 partnership. The notice must be accompanied by a statement

65-40 indicating the amount of the filing fee, penalties and costs

65-41 remaining unpaid.

65-42 2. Immediately after the first day of the [ninth] first

65-43 anniversary of the month following the month in which filing

65-44 was required, the certificate of the limited partnership is

65-45 revoked. The secretary of state shall compile a complete list

66-1 containing the names of all limited partnerships whose right

66-2 to do business has been forfeited. The secretary of state shall

66-3 notify, by letter addressed to its resident agent, each limited

66-4 partnership of the revocation of its certificate. The notice

66-5 must be accompanied by a statement indicating the amount of

66-6 the filing fee, penalties and costs remaining unpaid.

66-7 3. In case of revocation of the certificate and of the

66-8 forfeiture of the right to transact business thereunder, all the

66-9 property and assets of the defaulting domestic limited

66-10 partnership are held in trust by the general partners, and the

66-11 same proceedings may be had with respect thereto as for the

66-12 judicial dissolution of a limited partnership. Any person

66-13 interested may institute proceedings at any time after a

66-14 forfeiture has been declared, but if the secretary of state

66-15 reinstates the limited partnership the proceedings must at

66-16 once be dismissed and all property restored to the general

66-17 partners.

66-18 Sec. 106. NRS 88A.640 is hereby amended to read as

66-19 follows:

66-20 88A.640 1. The secretary of state shall notify, by letter

66-21 addressed to its resident agent, each business trust deemed in

66-22 default pursuant to the provisions of this chapter. The notice

66-23 must be accompanied by a statement indicating the amount of

66-24 the filing fee, penalties and costs remaining unpaid.

66-25 2. [On] Immediately after the first day of the [ninth]

66-26 first anniversary of the month following the month in which

66-27 the filing was required, the certificate of trust of the business

66-28 trust is revoked and its right to transact business is forfeited.

66-29 3. The secretary of state shall compile a complete list

66-30 containing the names of all business trusts whose right to do

66-31 business has been forfeited. He shall forthwith notify each

66-32 such business trust, by letter addressed to its resident agent, of

66-33 the revocation of its certificate of trust. The notice must be

66-34 accompanied by a statement indicating the amount of the

66-35 filing fee, penalties and costs remaining unpaid.

66-36 4. If the certificate of trust is revoked and the right to

66-37 transact business is forfeited, all the property and assets of the

66-38 defaulting business trust must be held in trust by its trustees

66-39 as for insolvent business trusts, and the same proceedings

66-40 may be had with respect thereto as are applicable to insolvent

66-41 business trusts. Any person interested may institute

66-42 proceedings at any time after a forfeiture has been declared,

66-43 but if the secretary of state reinstates the certificate of trust,

66-44 the proceedings must at once be dismissed.

67-1 Sec. 131. NRS 92A.230 is hereby amended to read as

67-2 follows:

67-3 92A.230 1. Articles of merger , conversion or

67-4 exchange must be signed by each domestic constituent entity

67-5 as follows:

67-6 (a) By [the president or a vice president] an officer of a

67-7 domestic corporation, whether or not for profit;

67-8 (b) By all the general partners of a domestic limited

67-9 partnership;

67-10 (c) By a manager of a domestic limited-liability company

67-11 with managers or by all the members of a domestic limited-

67-12 liability company without managers; and

67-13 (d) By a trustee of a domestic business trust.

67-14 2. [If the domestic entity is a corporation, the articles

67-15 must also be signed by the secretary or an assistant secretary.

67-16 3.] Articles of merger , conversion or exchange must be

67-17 signed by each foreign constituent entity in the manner

67-18 provided by the law governing it.

67-19 [4.] 3. As used in this section, “signed” means to have

67-20 executed or adopted a name, word or mark, including,

67-21 without limitation, an electronic signature as defined in

67-22 section 11 of [this act,] Senate Bill No. 49 of this session,

67-23 with the present intention to authenticate a document.

67-24 2. Chapter 296, Statutes of Nevada 2001, at page 1415, is

67-25 hereby amended by adding thereto a new section to be designated as

67-26 section 136.5, immediately following section 136, to read as

67-27 follows:

67-28 Sec. 136.5. Section 34 of chapter 601, Statutes of

67-29 Nevada 2001, at page 3187, is hereby amended to read as

67-30 follows:

67-31 Sec. 34. NRS 88.400 is hereby amended to read as

67-32 follows:

67-33 88.400 1. If a limited partnership has filed the list

67-34 in compliance with NRS 88.395 and has paid the

67-35 appropriate fee for the filing, the canceled check received

67-36 by the limited partnership constitutes a certificate

67-37 authorizing it to transact its business within this state until

67-38 the anniversary date of the filing of its certificate of

67-39 limited partnership in the next succeeding calendar year. If

67-40 the limited partnership desires a formal certificate upon its

67-41 payment of the annual fee, its payment must be

67-42 accompanied by a self-addressed, stamped envelope.

67-43 2. Each limited partnership which refuses or neglects

67-44 to file the list and pay the fee within the time provided is

67-45 in default.

68-1 3. For default there must be added to the amount of

68-2 the fee a penalty of [$15,] $50, and unless the filings are

68-3 made and the fee and penalty are paid on or before the

68-4 first day of the first anniversary of the month following

68-5 the month in which filing was required, the defaulting

68-6 limited partnership, by reason of its default, forfeits its

68-7 right to transact any business within this state.

68-8 Sec. 36. Chapter 307, Statutes of Nevada 2001, at page 1440,

68-9 is hereby amended by adding thereto a new section to be designated

68-10 as section 2.5, immediately following section 2, to read as follows:

68-11 Sec. 2.5. NRS 284.148 is hereby amended to read as

68-12 follows:

68-13 284.148 1. An elected officer or an employee in the

68-14 unclassified service who is [an elected officer,] on the

68-15 personal staff of an elected officer, [or] an appointed head of

68-16 a department or division who serves at the pleasure or

68-17 discretion of an elected officer [, or who is] or an executive,

68-18 administrative or professional employee within the meaning

68-19 of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et

68-20 seq.:

68-21 (a) Must be paid on a salary basis, within a maximum

68-22 amount established by law;

68-23 (b) Is not entitled to compensation for overtime; and

68-24 (c) Is not subject to disciplinary suspensions for less than

68-25 1 week.

68-26 2. An employee in the classified service who is an

68-27 executive, administrative or professional employee within the

68-28 meaning of the Fair Labor Standards Act of 1938, 29 U.S.C.

68-29 §§ 201 et seq., and who is either a head of a department,

68-30 division or bureau, or a doctoral level professional:

68-31 (a) Must be paid on a salary basis;

68-32 (b) Is not entitled to compensation for overtime; and

68-33 (c) Is not subject to disciplinary suspensions for less than

68-34 1 week.

68-35 3. Unless otherwise specified by statute, the department

68-36 shall determine which positions in the classified and

68-37 unclassified service are subject to the provisions of this

68-38 section.

68-39 Sec. 37. Sections 2 and 3 of chapter 319, Statutes of Nevada

68-40 2001, at page 1497, are hereby amended to read respectively as

68-41 follows:

68-42 Sec. 2. NRS 354.476 is hereby amended to read as

68-43 follows:

68-44 354.476 As used in NRS 354.470 to 354.626, inclusive,

68-45 sections 2 to 5, inclusive, of Senate Bill No. 203 of this

69-1 session , [and] sections 2 to 5, inclusive, of [this act,] Senate

69-2 Bill No. 317 of this session and section 1 of this act, unless

69-3 the context otherwise requires, the words and terms defined in

69-4 NRS 354.479 to 354.578, inclusive, [and] sections 2 and 3 of

69-5 Senate Bill No. 203 of this session and sections 2 and 3 of

69-6 [this act,] Senate Bill No. 317 of this session have the

69-7 meanings ascribed to them in those sections.

69-8 Sec. 3. This act becomes effective at 12:02 a.m. on

69-9 July 1, 2001.

69-10 Sec. 38. Sections 2 and 8 of chapter 321, Statutes of Nevada

69-11 2001, at pages 1501 and 1504, respectively, are hereby amended to

69-12 read respectively as follows:

69-13 Sec. 2. NRS 483.347 is hereby amended to read as

69-14 follows:

69-15 483.347 1. Except as otherwise provided in subsection

69-16 2, the department shall issue a rectangular-shaped driver’s

69-17 license which bears a front view colored photograph of the

69-18 licensee . [if he] The photograph and any information

69-19 included on the license must be placed in a manner which

69-20 ensures that:

69-21 (a) If the licensee is 21 years of age or older [, or a

69-22 profile view colored photograph if he] , the longer edges of

69-23 the rectangle serve as the top and bottom of the license; or

69-24 (b) If the licensee is under 21 years of age [.] , the

69-25 shorter edges of the rectangle serve as the top and bottom of

69-26 the license.

69-27 2. The department may issue a temporary driver’s

69-28 license without a photograph of the licensee if the licensee is

69-29 temporarily absent from this state and requests the renewal of,

69-30 the issuance of a duplicate of, or a change in the information

69-31 on, his driver’s license. If the licensee returns to this state for

69-32 14 continuous days or more, the licensee shall, within 24 days

69-33 after the date of his return, surrender the temporary license

69-34 and obtain a license which bears his photograph in

69-35 accordance with subsection 1. A licensee charged with

69-36 violating the provisions of this subsection may not be

69-37 convicted if he surrenders the temporary license, obtains a

69-38 license which bears his photograph in accordance with

69-39 subsection 1 and produces that license in court or in the office

69-40 of the arresting officer.

69-41 3. The department shall:

69-42 (a) Establish a uniform procedure for the production of

69-43 drivers’ licenses, applicable to renewal as well as to original

69-44 licenses.

70-1 (b) By regulation, increase the fees provided in NRS

70-2 483.410, 483.820 and 483.910 as necessary to cover the

70-3 actual cost of production of photographs for drivers’ licenses

70-4 and identification cards. The increase must be deposited in

70-5 the state treasury for credit to the motor vehicle fund and

70-6 must be allocated to the department to defray the increased

70-7 costs of producing the drivers’ licenses required by this

70-8 section.

70-9 Sec. 8. 1. This section and sections [2,] 3, 5, 6 and 7

70-10 of this act become effective on July 1, 2001.

70-11 2. Sections 1 , 2 and 4 of this act become effective at

70-12 12:01 a.m. on July 1, 2001.

70-13 Sec. 39. 1. Sections 14, 32, 40, 55, 57 and 61 of chapter 331,

70-14 Statutes of Nevada 2001, at pages 1546, 1558, 1563, 1569 and 1570,

70-15 are hereby amended to read respectively as follows:

70-16 Sec. 14. NRS 361.159 is hereby amended to read as

70-17 follows:

70-18 361.159 1. Except as otherwise provided in subsection

70-19 3, when personal property, or a portion of personal property,

70-20 which for any reason is exempt from taxation is leased,

70-21 loaned or otherwise made available to and used by a natural

70-22 person, association or corporation in connection with a

70-23 business conducted for profit, the leasehold interest,

70-24 possessory interest, beneficial interest or beneficial use of any

70-25 such lessee or user of the property is subject to taxation to the

70-26 extent the:

70-27 (a) Portion of the property leased or used; and

70-28 (b) Percentage of time during the fiscal year that the

70-29 property is leased to the lessee or used by the user, in

70-30 accordance with section 1 of [this act,] Assembly Bill No. 433

70-31 of this session,

70-32 can be segregated and identified. The taxable value of the

70-33 interest or use must be determined in the manner provided in

70-34 subsection 3 of NRS 361.227 and in accordance with section

70-35 1 of [this act.] Assembly Bill No. 433 of this session.

70-36 2. Taxes must be assessed to lessees or users of exempt

70-37 personal property and collected in the same manner as taxes

70-38 assessed to owners of other personal property, except that

70-39 taxes due under this section do not become a lien against the

70-40 personal property. When due, the taxes constitute a debt due

70-41 from the lessee or user to the county for which the taxes were

70-42 assessed and, if unpaid, are recoverable by the county in the

70-43 proper court of the county.

70-44 3. The provisions of this section do not apply to personal

70-45 property:

71-1 (a) Used in vending stands operated by blind persons

71-2 under the auspices of the bureau of services to the blind and

71-3 visually impaired of the rehabilitation division of the

71-4 department of employment, training and rehabilitation.

71-5 (b) Owned by a public airport and used for the purposes

71-6 of the public airport.

71-7 Sec. 32. NRS 111.312 is hereby amended to read as

71-8 follows:

71-9 111.312 1. The county recorder shall not record with

71-10 respect to real property, a notice of completion, a declaration

71-11 of homestead, a lien or notice of lien, an affidavit of death, a

71-12 mortgage or deed of trust, or any conveyance of real property

71-13 or instrument in writing setting forth an agreement to convey

71-14 real property unless the document being recorded contains:

71-15 (a) The mailing address of the grantee or, if there is no

71-16 grantee, the mailing address of the person who is requesting

71-17 the recording of the document; and

71-18 (b) The assessor’s parcel number of the property at the

71-19 top of the first page of the document, if the county assessor

71-20 has assigned a parcel number to the property. The county

71-21 recorder is not required to verify that the assessor’s parcel

71-22 number is correct.

71-23 2. The county recorder shall not record with respect to

71-24 real property any conveyance of real property or instrument

71-25 in writing setting forth an agreement to convey real property

71-26 unless the document being recorded contains the name and

71-27 address of the person to whom a statement of the taxes

71-28 assessed on the real property is to be mailed.

71-29 3. The assessor’s parcel number shall not be deemed to

71-30 be a complete legal description of the real property conveyed.

71-31 [3.] 4. Except as otherwise provided in subsection [4,]

71-32 5, if a document that is being recorded includes a legal

71-33 description of real property that is provided in metes and

71-34 bounds, the document must include the name and mailing

71-35 address of the person who prepared the legal description. The

71-36 county recorder is not required to verify the accuracy of the

71-37 name and mailing address of such a person.

71-38 [4.] 5. If a document described in subsection [3] 4

71-39 previously has been recorded, the document must include all

71-40 information necessary to identify and locate the previous

71-41 recording, but the name and mailing address of the person

71-42 who prepared the legal description is not required for the

71-43 document to be recorded. The county recorder is not required

71-44 to verify the accuracy of the information concerning the

71-45 previous recording.

72-1 Sec. 40. (Deleted by amendment.)

72-2 Sec. 55. NRS 575.190 is hereby amended to read as

72-3 follows:

72-4 575.190 Using the tax levies from the board, the

72-5 department and the Nevada beef council, [the county

72-6 assessor, auditor or treasurer, or] the department [if it is

72-7 administering the special tax,] shall calculate the total taxes

72-8 due from each owner of livestock or sheep based on the

72-9 report of owners of livestock or sheep approved by the

72-10 [committee for assessing livestock.] department.

72-11 Sec. 57. NRS 575.210 is hereby amended to read as

72-12 follows:

72-13 575.210 Whenever any taxes, or penalties or interest for

72-14 delinquencies pursuant to NRS 562.175 or 575.130 or section

72-15 47.5 of this act are paid to the [county treasurer, he]

72-16 department, the department shall record the payment and the

72-17 date thereof with the name of the person liable therefor, and

72-18 the amount of taxes, penalties and interest collected pursuant

72-19 to NRS 562.170, 562.175, 567.110, 571.035, 575.070 and

72-20 575.130 [,] and section 47.5 of this act, and transmit the

72-21 revenue thereof to the state controller for deposit into the

72-22 appropriate account or fund in the state treasury.

72-23 Sec. 61. 1. This section and sections 1 to 10,

72-24 inclusive, 11, 12, 14 to 25, inclusive, 27 to 44, inclusive,

72-25 [and] 59 and 59.5 of this act become effective on July 1,

72-26 2001.

72-27 2. Sections 13 and 26 of this act become effective at

72-28 12:01 a.m. on July 1, 2001.

72-29 3. Section 10 of this act expires by limitation on June 30,

72-30 2003.

72-31 4. Section 10.5 of this act becomes effective at 12:02

72-32 a.m. on July 1, 2003.

72-33 5. Sections 45 to 58, inclusive, and 60 of this act become

72-34 effective on July 1, 2004.

72-35 2. Chapter 331, Statutes of Nevada 2001, at page 1570, is

72-36 hereby amended by adding thereto a new section to be designated as

72-37 section 59.5, immediately following section 59, to read as follows:

72-38 Sec. 59.5. Section 53 of chapter 370, Statutes of Nevada

72-39 2001, at page 1754, is hereby amended to read as follows:

72-40 Sec. 53. NRS 111.312 is hereby amended to read as

72-41 follows:

72-42 111.312 1. The county recorder shall not record

72-43 with respect to real property, a notice of completion, a

72-44 declaration of homestead, a lien or notice of lien, an

72-45 affidavit of death, a mortgage or deed of trust, or any

73-1 conveyance of real property or instrument in writing

73-2 setting forth an agreement to convey real property unless

73-3 the document being recorded contains:

73-4 (a) The mailing address of the grantee or, if there is no

73-5 grantee, the mailing address of the person who is

73-6 requesting the recording of the document; and

73-7 (b) The assessor’s parcel number of the property at the

73-8 top left corner of the first page of the document, if the

73-9 county assessor has assigned a parcel number to the

73-10 property. The county recorder is not required to verify that

73-11 the assessor’s parcel number is correct.

73-12 2. The county recorder shall not record with respect

73-13 to real property any conveyance of real property or

73-14 instrument in writing setting forth an agreement to convey

73-15 real property unless the document being recorded contains

73-16 the name and address of the person to whom a statement

73-17 of the taxes assessed on the real property is to be mailed.

73-18 3. The assessor’s parcel number shall not be deemed

73-19 to be a complete legal description of the real property

73-20 conveyed.

73-21 4. Except as otherwise provided in subsection 5, if a

73-22 document that is being recorded includes a legal

73-23 description of real property that is provided in metes and

73-24 bounds, the document must include the name and mailing

73-25 address of the person who prepared the legal description.

73-26 The county recorder is not required to verify the accuracy

73-27 of the name and mailing address of such a person.

73-28 5. If a document described in subsection 4 previously

73-29 has been recorded, the document must include all

73-30 information necessary to identify and locate the previous

73-31 recording, but the name and mailing address of the person

73-32 who prepared the legal description is not required for the

73-33 document to be recorded. The county recorder is not

73-34 required to verify the accuracy of the information

73-35 concerning the previous recording.

73-36 Sec. 40. Sections 2, 3 and 9 of chapter 335, Statutes of Nevada

73-37 2001, at pages 1580, 1581 and 1585, respectively, are hereby

73-38 amended to read respectively as follows:

73-39 Sec. 2. NRS 361.0687 is hereby amended to read as

73-40 follows:

73-41 361.0687 1. A person who intends to locate or expand

73-42 a business in this state may, pursuant to NRS 360.750, apply

73-43 to the commission on economic development for a partial

73-44 abatement from the taxes imposed by this chapter.

74-1 2. For a business to qualify pursuant to NRS 360.750 for

74-2 a partial abatement from the taxes imposed by this chapter,

74-3 the commission on economic development must determine

74-4 that, in addition to meeting the other requirements set forth in

74-5 subsection 2 of that section:

74-6 (a) If the business is a new business in a county whose

74-7 population is 100,000 or more or a city whose population is

74-8 60,000 or more:

74-9 (1) The business will make a capital investment in the

74-10 county of at least $50,000,000 if the business is an industrial

74-11 or manufacturing business or at least $5,000,000 if the

74-12 business is not an industrial or manufacturing business; and

74-13 (2) The average hourly wage that will be paid by the

74-14 new business to its employees in this state is at least 100

74-15 percent of the average statewide hourly wage as established

74-16 by the employment security division of the department of

74-17 employment, training and rehabilitation on July 1 of each

74-18 fiscal year.

74-19 (b) If the business is a new business in a county whose

74-20 population is less than 100,000 or a city whose population is

74-21 less than 60,000:

74-22 (1) The business will make a capital investment in the

74-23 county of at least $5,000,000 if the business is an industrial or

74-24 manufacturing business or at least $500,000 if the business is

74-25 not an industrial or manufacturing business; and

74-26 (2) The average hourly wage that will be paid by the

74-27 new business to its employees in this state is at least 100

74-28 percent of the average statewide hourly wage as established

74-29 by the employment security division of the department of

74-30 employment, training and rehabilitation on July 1 of each

74-31 fiscal year.

74-32 3. [If] Except as otherwise provided in NRS 361.0685

74-33 and subsection 4, if a partial abatement from the taxes

74-34 imposed by this chapter is approved by the commission on

74-35 economic development pursuant to NRS 360.750:

74-36 (a) The partial abatement must:

74-37 (1) Be for a duration of at least 1 year but not more

74-38 than 10 years;

74-39 (2) Not exceed 50 percent of the taxes on personal

74-40 property payable by a business each year pursuant to this

74-41 chapter; and

74-42 (3) Be administered and carried out in the manner set

74-43 forth in NRS 360.750.

74-44 (b) The executive director of the commission on

74-45 economic development shall notify the county assessor of the

75-1 county in which the business is located of the approval of the

75-2 partial abatement, including, without limitation, the duration

75-3 and percentage of the partial abatement that the commission

75-4 granted. The executive director shall, on or before April 15 of

75-5 each year, advise the county assessor of each county in which

75-6 a business qualifies for a partial abatement during the current

75-7 fiscal year as to whether the business is still eligible for the

75-8 partial abatement in the next succeeding fiscal year.

75-9 4. If a partial abatement from the taxes imposed by this

75-10 chapter is approved by the commission on economic

75-11 development pursuant to NRS 360.750 for a facility for the

75-12 generation of electricity from renewable energy:

75-13 (a) The partial abatement must be:

75-14 (1) For a duration of 10 years;

75-15 (2) Equal to 50 percent of the taxes on real and

75-16 personal property payable by the facility each year pursuant

75-17 to this chapter; and

75-18 (3) Administered and carried out in the manner set

75-19 forth in NRS 360.750.

75-20 (b) The executive director of the commission on

75-21 economic development shall:

75-22 (1) Notify the county assessor of the county in which

75-23 the facility is located of the approval of the partial

75-24 abatement; and

75-25 (2) Advise the county assessor of the county in which

75-26 the facility is located as to the dates on which the partial

75-27 abatement will begin and end.

75-28 5. As used in this section:

75-29 (a) “Biomass” means any organic matter that is

75-30 available on a renewable basis, including, without

75-31 limitation:

75-32 (1) Agricultural crops and agricultural wastes and

75-33 residues;

75-34 (2) Wood and wood wastes and residues;

75-35 (3) Animal wastes;

75-36 (4) Municipal wastes; and

75-37 (5) Aquatic plants.

75-38 (b) “Facility for the generation of electricity from

75-39 renewable energy” means a facility for the generation of

75-40 electricity that:

75-41 (1) Uses renewable energy as its primary source of

75-42 energy; and

75-43 (2) Has a generating capacity of at least 10

75-44 kilowatts.

76-1 The term includes all the machinery and equipment that is

76-2 used in the facility to collect and store the renewable energy

76-3 and to convert the renewable energy into electricity. The

76-4 term does not include a facility that is located on residential

76-5 property.

76-6 (c) “Industrial or manufacturing business” does not

76-7 include a facility for the generation of electricity from

76-8 renewable energy.

76-9 (d) “Renewable energy” means:

76-10 (1) Biomass;

76-11 (2) Solar energy; or

76-12 (3) Wind.

76-13 The term does not include coal, natural gas, oil, propane or

76-14 any other fossil fuel, or nuclear energy.

76-15 Sec. 3. NRS 361.0687 is hereby amended to read as

76-16 follows:

76-17 361.0687 1. A person who intends to locate or expand

76-18 a business in this state may, pursuant to NRS 360.750, apply

76-19 to the commission on economic development for a partial

76-20 abatement from the taxes imposed by this chapter.

76-21 2. For a business to qualify pursuant to NRS 360.750 for

76-22 a partial abatement from the taxes imposed by this chapter,

76-23 the commission on economic development must determine

76-24 that, in addition to meeting the other requirements set forth in

76-25 subsection 2 of that section:

76-26 (a) If the business is a new business in a county whose

76-27 population is 100,000 or more or a city whose population is

76-28 60,000 or more:

76-29 (1) The business will make a capital investment in the

76-30 county of at least $50,000,000 if the business is an industrial

76-31 or manufacturing business or at least $5,000,000 if the

76-32 business is not an industrial or manufacturing business; and

76-33 (2) The average hourly wage that will be paid by the

76-34 new business to its employees in this state is at least 100

76-35 percent of the average statewide hourly wage as established

76-36 by the employment security division of the department of

76-37 employment, training and rehabilitation on July 1 of each

76-38 fiscal year.

76-39 (b) If the business is a new business in a county whose

76-40 population is less than 100,000 or a city whose population is

76-41 less than 60,000:

76-42 (1) The business will make a capital investment in the

76-43 county of at least $5,000,000 if the business is an industrial or

76-44 manufacturing business or at least $500,000 if the business is

76-45 not an industrial or manufacturing business; and

77-1 (2) The average hourly wage that will be paid by the

77-2 new business to its employees in this state is at least 100

77-3 percent of the average statewide hourly wage as established

77-4 by the employment security division of the department of

77-5 employment, training and rehabilitation on July 1 of each

77-6 fiscal year.

77-7 3. [If] Except as otherwise provided in NRS 361.0685,

77-8 if a partial abatement from the taxes imposed by this chapter

77-9 is approved by the commission on economic development

77-10 pursuant to NRS 360.750:

77-11 (a) The partial abatement must:

77-12 (1) Be for a duration of at least 1 year but not more

77-13 than 10 years;

77-14 (2) Not exceed 50 percent of the taxes on personal

77-15 property payable by a business each year pursuant to this

77-16 chapter; and

77-17 (3) Be administered and carried out in the manner set

77-18 forth in NRS 360.750.

77-19 (b) The executive director of the commission on

77-20 economic development shall notify the county assessor of the

77-21 county in which the business is located of the approval of the

77-22 partial abatement, including, without limitation, the duration

77-23 and percentage of the partial abatement that the commission

77-24 granted. The executive director shall, on or before April 15 of

77-25 each year, advise the county assessor of each county in which

77-26 a business qualifies for a partial abatement during the current

77-27 fiscal year as to whether the business is still eligible for the

77-28 partial abatement in the next succeeding fiscal year.

77-29 Sec. 9. 1. This section and sections 1 [, 2] and 4 to 8,

77-30 inclusive, of this act become effective on July 1, 2001.

77-31 2. Sections 2 and 5 of this act expire by limitation on

77-32 June 30, 2005.

77-33 3. Section 3 of this act becomes effective on July 1,

77-34 2005.

77-35 4. Section 2 of this act becomes effective at 12:01 a.m.

77-36 on July 1, 2001.

77-37 Sec. 41. Section 24 of chapter 336, Statutes of Nevada 2001,

77-38 at page 1591, is hereby amended to read as follows:

77-39 Sec. 24. 1. If any real property transfer tax imposed

77-40 pursuant to this chapter is not paid when due, the county

77-41 may, within 3 years after the date that the tax was due,

77-42 record a certificate in the office of the county recorder

77-43 which states:

77-44 (a) The amount of the real property transfer tax and any

77-45 interest or penalties due;

78-1 (b) The name and address of the person who is liable for

78-2 the amount due as they appear on the records of the county;

78-3 and

78-4 (c) That the county recorder has complied with all

78-5 procedures required by law for determining the amount due.

78-6 2. From the time of the recording of the certificate, the

78-7 amount due, including interest and penalties, constitutes:

78-8 (a) A lien upon the real property for which the tax was

78-9 due if the person who owes the tax still owns the property;

78-10 or

78-11 (b) A demand for payment if the property has been sold

78-12 or otherwise transferred to another person.

78-13 3. The lien has the effect and priority of a judgment

78-14 lien and continues for 5 years after the time of the recording

78-15 of the certificate unless sooner released or otherwise

78-16 discharged.

78-17 4. Within 5 years after the date of recording the

78-18 certificate or within 5 years after the date of the last

78-19 extension of the lien pursuant to this subsection, the lien

78-20 may be extended by recording a new certificate in the office

78-21 of the county recorder. From the time of recording the new

78-22 certificate, the lien is extended for 5 years, unless sooner

78-23 released or otherwise discharged.

78-24 Sec. 42. Sections 1, 2 and 6 of chapter 338, Statutes of Nevada

78-25 2001, at pages 1598, 1601 and 1605, respectively, are hereby

78-26 amended to read respectively as follows:

78-27 Section 1. NRS 365.550 is hereby amended to read as

78-28 follows:

78-29 365.550 1. The receipts of the tax levied pursuant to

78-30 NRS 365.180 must be allocated monthly by the department to

78-31 the counties using the following formula:

78-32 (a) [One-fourth in proportion to total area.

78-33 (b) One-fourth in proportion to population.

78-34 (c) One-fourth in proportion to road mileage and street

78-35 mileage of nonfederal aid primary roads.

78-36 (d) One-fourth in proportion to vehicle miles of travel on

78-37 nonfederal aid primary roads.] Determine the average

78-38 monthly amount each county received in the fiscal year

78-39 ending on June 30, 2001, and allocate to each county that

78-40 amount, or if the total amount to be allocated is less than

78-41 that amount, allocate to each county a percentage of the

78-42 total amount to be allocated that is equal to the percentage

78-43 of the total amount allocated to that county in the fiscal year

78-44 ending on June 30, 2001;

79-1 (b) Determine for each county an amount from the total

79-2 amount to be allocated using the following formula:

79-3 (1) Two-thirds in proportion to population; and

79-4 (2) One-third in proportion to road mileage and

79-5 street mileage of improved roads or streets maintained by

79-6 the county or an incorporated city located within the

79-7 county,

79-8 and compare that amount to the amount allocated to the

79-9 county pursuant to paragraph (a);

79-10 (c) Identify each county for which the amount

79-11 determined pursuant to paragraph (b) is greater than the

79-12 amount allocated to the county pursuant to paragraph (a);

79-13 and

79-14 (d) Allocate to any county which is identified pursuant

79-15 to paragraph (c), using the formula set forth in paragraph

79-16 (b), any amount from the tax levied pursuant to NRS

79-17 365.180 that remains after the allocation required pursuant

79-18 to paragraph (a).

79-19 2. Within 10 calendar days after June 1 of each fiscal

79-20 year, the department shall:

79-21 (a) Project the total amount that each county will be

79-22 allocated pursuant to subsection 1 for the current fiscal

79-23 year.

79-24 (b) If the total amount allocated to all the counties will

79-25 not exceed the total amount that was received by all the

79-26 counties for the fiscal year ending on June 30, 2001, adjust

79-27 the final monthly allocation to be made to each county so

79-28 that each county is allocated a percentage of the total

79-29 amount to be allocated that is equal to the percentage of the

79-30 total amount allocated to that county in the fiscal year

79-31 ending on June 30, 2001.

79-32 (c) If a county receives an allocation pursuant to

79-33 paragraph (d) of subsection 1, determine whether the total

79-34 monthly allocations projected to be made to that county

79-35 pursuant to subsection 1 for the current fiscal year exceed

79-36 the total amount the county received in the fiscal year

79-37 ending on June 30, 2001. If the total monthly allocations

79-38 projected to be made to the county do not exceed the total

79-39 amount the county received in the fiscal year ending on

79-40 June 30, 2001, the department shall adjust the final monthly

79-41 allocation to be made to the county for the current fiscal

79-42 year so that the total amount allocated to the county for the

79-43 current fiscal year equals the total amount the county

79-44 received in the fiscal year ending on June 30, 2001.

80-1 3. Of the money allocated to each county pursuant to the

80-2 provisions of [subsection 1: ] subsections 1 and 2:

80-3 (a) An amount equal to that part of the allocation which

80-4 represents 1.25 cents of the tax per gallon must be used

80-5 exclusively for the service and redemption of revenue bonds

80-6 issued pursuant to chapter 373 of NRS, for the construction,

80-7 maintenance and repair of county roads, and for the purchase

80-8 of equipment for that construction, maintenance and repair,

80-9 under the direction of the boards of county commissioners of

80-10 the several counties, and must not be used to defray expenses

80-11 of administration; and

80-12 (b) An amount equal to that part of the allocation which

80-13 represents 2.35 cents of the tax per gallon must be allocated

80-14 [pursuant to the following formula:

80-15 (1) If there are no incorporated cities in the county,] to

80-16 the county [; and

80-17 (2) If there is at least one incorporated city in the

80-18 county,] , if there are no incorporated cities in the county, or

80-19 to the county and any incorporated cities in the county , if

80-20 there is at least one incorporated city in the county, pursuant

80-21 to the following formula [set forth for counties in subsection

80-22 1.] :

80-23 (1) One-fourth in proportion to total area.

80-24 (2) One-fourth in proportion to population.

80-25 (3) One-fourth in proportion to road mileage and

80-26 street mileage of nonfederal aid primary roads.

80-27 (4) One-fourth in proportion to vehicle miles of

80-28 travel on nonfederal aid primary roads.

80-29 For the purpose of applying the formula, the area of the

80-30 county excludes the area included in any incorporated city.

80-31 [3.] 4. The amount allocated to the counties and

80-32 incorporated cities pursuant to subsections 1 , [and] 2 and 3

80-33 must be remitted monthly. The state controller shall draw his

80-34 warrants payable to the county treasurer of each of the several

80-35 counties and the city treasurer of each of the several

80-36 incorporated cities, as applicable, and the state treasurer shall

80-37 pay the warrants out of the proceeds of the tax levied

80-38 pursuant to NRS 365.180.

80-39 [4.] 5. The formula computations must be made as of

80-40 July 1 of each year by the department, based on estimates

80-41 which must be furnished by the department of transportation

80-42 [. The] and, if applicable, any adjustments to the estimates

80-43 determined to be appropriate by the committee pursuant to

80-44 subsection 9. Except as otherwise provided in subsection 9,

80-45 the determination made by the department is conclusive.

81-1 [5.] 6. The department of transportation shall

81-2 complete:

81-3 (a) The estimates of the total mileage of improved roads

81-4 or streets maintained by each county and incorporated city

81-5 on or before August 31 of each year.

81-6 (b) A physical audit of the information submitted by

81-7 each county and incorporated city pursuant to subsection 7

81-8 at least once every 10 years.

81-9 7. Each county and incorporated city shall, not later than

81-10 [January] March 1 of each year, submit a list to the

81-11 department of transportation setting forth:

81-12 (a) Each improved road or street that is maintained by the

81-13 county or city; and

81-14 (b) The beginning and ending points and the total mileage

81-15 of each of those improved roads or streets.

81-16 Each county and incorporated city shall, at least 10 days

81-17 before the list is submitted to the department of

81-18 transportation, hold a public hearing to identify and determine

81-19 the improved roads and streets maintained by the county or

81-20 city.

81-21 [6.] 8. If a county or incorporated city does not agree

81-22 with the estimates prepared by the department of

81-23 transportation pursuant to subsection 6, the county or

81-24 incorporated city may request that the subcommittee

81-25 examine the estimates and recommend an adjustment to the

81-26 estimates. Such a request must be submitted to the

81-27 subcommittee not later than October 15.

81-28 9. The subcommittee shall review any request it

81-29 receives pursuant to subsection 8 and report to the

81-30 committee its findings and any recommendations for an

81-31 adjustment to the estimates it determines is appropriate. The

81-32 committee shall hold a public hearing and determine

81-33 whether an adjustment to the estimates is appropriate on or

81-34 before December 31 of the year it receives a request

81-35 pursuant to subsection 8. Any determination made by the

81-36 committee pursuant to this subsection is conclusive.

81-37 10. The subcommittee shall monitor the fiscal impact

81-38 of the formula set forth in this section on counties and

81-39 incorporated cities and report regularly to the committee

81-40 concerning its findings and recommendations regarding

81-41 that fiscal impact.

81-42 11. As used in this section [, “construction,] :

81-43 (a) “Committee” means the legislative committee for

81-44 local government taxes and finance established pursuant to

81-45 NRS 218.53881.

82-1 (b) “Construction, maintenance and repair” includes the

82-2 acquisition, operation or use of any material, equipment or

82-3 facility that is used exclusively for the construction,

82-4 maintenance or repair of a county or city road and is

82-5 necessary for the safe and efficient use of that road, including,

82-6 without limitation:

82-7 [(a)] (1) Grades and regrades;

82-8 [(b)] (2) Graveling, oiling, surfacing, macadamizing and

82-9 paving;

82-10 [(c)] (3) Sweeping, cleaning and sanding roads and

82-11 removing snow from a road;

82-12 [(d)] (4) Crosswalks and sidewalks;

82-13 [(e)] (5) Culverts, catch basins, drains, sewers and

82-14 manholes;

82-15 [(f)] (6) Inlets and outlets;

82-16 [(g)] (7) Retaining walls, bridges, overpasses,

82-17 underpasses, tunnels and approaches;

82-18 [(h)] (8) Artificial lights and lighting equipment,

82-19 parkways, control of vegetation and sprinkling facilities;

82-20 [(i)] (9) Rights of way;

82-21 [(j)] (10) Grade and traffic separators;

82-22 [(k)] (11) Fences, cattle guards and other devices to

82-23 control access to a county or city road;

82-24 [(l)] (12) Signs and devices for the control of traffic; and

82-25 [(m)] (13) Facilities for personnel and the storage of

82-26 equipment used to construct, maintain or repair a county or

82-27 city road.

82-28 (c) “Improved road or street” means a road or street that

82-29 is, at least:

82-30 (1) Aligned and graded to allow reasonably

82-31 convenient use by a motor vehicle; and

82-32 (2) Drained sufficiently by a longitudinal and

82-33 transverse drainage system to prevent serious impairment of

82-34 the road or street by surface water.

82-35 (d) “Subcommittee” means the subcommittee appointed

82-36 pursuant to NRS 218.53884.

82-37 Sec. 2. NRS 365.550 is hereby amended to read as

82-38 follows:

82-39 365.550 1. The receipts of the tax levied pursuant to

82-40 NRS 365.180 must be allocated monthly by the department to

82-41 the counties using the following formula:

82-42 (a) Determine the average monthly amount each county

82-43 received in the fiscal year ending on June 30, 2001, and

82-44 allocate to each county that amount, or if the total amount to

82-45 be allocated is less than that amount, allocate to each county a

83-1 percentage of the total amount to be allocated that is equal to

83-2 the percentage of the total amount allocated to that county in

83-3 the fiscal year ending on June 30, 2001;

83-4 (b) Determine for each county an amount from the total

83-5 amount to be allocated using the following formula:

83-6 (1) Two-thirds in proportion to population; and

83-7 (2) One-third in proportion to road mileage and street

83-8 mileage of improved roads or streets maintained by the

83-9 county or an incorporated city located within the

83-10 county,

83-11 and compare that amount to the amount allocated to the

83-12 county pursuant to paragraph (a);

83-13 (c) Identify each county for which the amount determined

83-14 pursuant to paragraph (b) is greater than the amount allocated

83-15 to the county pursuant to paragraph (a); and

83-16 (d) Allocate to any county which is identified pursuant to

83-17 paragraph (c), using the formula set forth in paragraph (b),

83-18 any amount from the tax levied pursuant to NRS 365.180 that

83-19 remains after the allocation required pursuant to

83-20 paragraph (a).

83-21 2. Within 10 calendar days after June 1 of each fiscal

83-22 year, the department shall:

83-23 (a) Project the total amount that each county will be

83-24 allocated pursuant to subsection 1 for the current fiscal year.

83-25 (b) If the total amount allocated to all the counties will

83-26 not exceed the total amount that was received by all the

83-27 counties for the fiscal year ending on June 30, 2001, adjust

83-28 the final monthly allocation to be made to each county so that

83-29 each county is allocated a percentage of the total amount to

83-30 be allocated that is equal to the percentage of the total amount

83-31 allocated to that county in the fiscal year ending on June 30,

83-32 2001.

83-33 (c) If a county receives an allocation pursuant to

83-34 paragraph (d) of subsection 1, determine whether the total

83-35 monthly allocations projected to be made to that county

83-36 pursuant to subsection 1 for the current fiscal year exceed the

83-37 total amount the county received in the fiscal year ending on

83-38 June 30, 2001. If the total monthly allocations projected to be

83-39 made to the county do not exceed the total amount the county

83-40 received in the fiscal year ending on June 30, 2001, the

83-41 department shall adjust the final monthly allocation to be

83-42 made to the county for the current fiscal year so that the total

83-43 amount allocated to the county for the current fiscal year

83-44 equals the total amount the county received in the fiscal year

83-45 ending on June 30, 2001.

84-1 3. Of the money allocated to each county pursuant to the

84-2 provisions of subsections 1 and 2:

84-3 (a) An amount equal to that part of the allocation which

84-4 represents 1.25 cents of the tax per gallon must be used

84-5 exclusively for the service and redemption of revenue bonds

84-6 issued pursuant to chapter 373 of NRS, for the construction,

84-7 maintenance and repair of county roads, and for the purchase

84-8 of equipment for that construction, maintenance and repair,

84-9 under the direction of the boards of county commissioners of

84-10 the several counties, and must not be used to defray expenses

84-11 of administration; and

84-12 (b) An amount equal to that part of the allocation which

84-13 represents 2.35 cents of the tax per gallon must be allocated

84-14 to the county, if there are no incorporated cities in the county,

84-15 or to the county and any incorporated cities in the county, if

84-16 there is at least one incorporated city in the county, pursuant

84-17 to the following formula:

84-18 (1) One-fourth in proportion to total area.

84-19 (2) One-fourth in proportion to population.

84-20 (3) One-fourth in proportion to road mileage and street

84-21 mileage of nonfederal aid primary roads.

84-22 (4) One-fourth in proportion to vehicle miles of travel

84-23 on nonfederal aid primary roads.

84-24 For the purpose of applying the formula, the area of the

84-25 county excludes the area included in any incorporated city.

84-26 4. The amount allocated to the counties and incorporated

84-27 cities pursuant to subsections 1, 2 and 3 must be remitted

84-28 monthly. The state controller shall draw his warrants payable

84-29 to the county treasurer of each of the several counties and the

84-30 city treasurer of each of the several incorporated cities, as

84-31 applicable, and the state treasurer shall pay the warrants out

84-32 of the proceeds of the tax levied pursuant to NRS 365.180.

84-33 5. The formula computations must be made as of July 1

84-34 of each year by the department, based on estimates which

84-35 must be furnished by the department of transportation and, if

84-36 applicable, any adjustments to the estimates determined to be

84-37 appropriate by the committee pursuant to subsection 9.

84-38 Except as otherwise provided in subsection 9, the

84-39 determination made by the department is conclusive.

84-40 6. The department of transportation shall complete:

84-41 (a) The estimates of the total mileage of improved roads

84-42 or streets maintained by each county and incorporated city on

84-43 or before August 31 of each year.

85-1 (b) A physical audit of the information submitted by each

85-2 county and incorporated city pursuant to subsection 7 at least

85-3 once every 10 years.

85-4 7. Each county and incorporated city shall, not later than

85-5 March 1 of each year, submit a list to the department of

85-6 transportation setting forth:

85-7 (a) Each improved road or street that is maintained by the

85-8 county or city; and

85-9 (b) The beginning and ending points and the total mileage

85-10 of each of those improved roads or streets.

85-11 Each county and incorporated city shall, at least 10 days

85-12 before the list is submitted to the department of

85-13 transportation, hold a public hearing to identify and determine

85-14 the improved roads and streets maintained by the county or

85-15 city.

85-16 8. If a county or incorporated city does not agree with

85-17 the estimates prepared by the department of transportation

85-18 pursuant to subsection 6, the county or incorporated city may

85-19 request that the [subcommittee] committee examine the

85-20 estimates and recommend an adjustment to the estimates.

85-21 Such a request must be submitted to the [subcommittee]

85-22 committee not later than October 15.

85-23 9. [The subcommittee shall review any request it

85-24 receives pursuant to subsection 8 and report to the committee

85-25 its findings and any recommendations for an adjustment to

85-26 the estimates it determines is appropriate.] The committee

85-27 shall hold a public hearing and review any request it receives

85-28 pursuant to subsection 8 and determine whether an

85-29 adjustment to the estimates is appropriate on or before

85-30 December 31 of the year it receives a request pursuant to

85-31 subsection 8. Any determination made by the committee

85-32 pursuant to this subsection is conclusive.

85-33 10. The [subcommittee] committee shall monitor the

85-34 fiscal impact of the formula set forth in this section on

85-35 counties and incorporated cities . [and report regularly to the

85-36 committee] Biennially, the committee shall prepare a report

85-37 concerning its findings and recommendations regarding that

85-38 fiscal impact [.] and submit the report on or before February

85-39 15 of each odd-numbered year to the director of the

85-40 legislative counsel bureau for transmittal to the senate and

85-41 assembly committees on taxation of the nevada legislature

85-42 for their review.

85-43 11. As used in this section:

85-44 (a) “Committee” means the [legislative committee for

85-45 local government taxes and finance established pursuant to

86-1 NRS 218.53881.] committee on local government finance

86-2 created pursuant to section 4 of Senate Bill No. 317 of this

86-3 session.

86-4 (b) “Construction, maintenance and repair” includes the

86-5 acquisition, operation or use of any material, equipment or

86-6 facility that is used exclusively for the construction,

86-7 maintenance or repair of a county or city road and is

86-8 necessary for the safe and efficient use of that road, including,

86-9 without limitation:

86-10 (1) Grades and regrades;

86-11 (2) Graveling, oiling, surfacing, macadamizing and

86-12 paving;

86-13 (3) Sweeping, cleaning and sanding roads and

86-14 removing snow from a road;

86-15 (4) Crosswalks and sidewalks;

86-16 (5) Culverts, catch basins, drains, sewers and

86-17 manholes;

86-18 (6) Inlets and outlets;

86-19 (7) Retaining walls, bridges, overpasses, underpasses,

86-20 tunnels and approaches;

86-21 (8) Artificial lights and lighting equipment, parkways,

86-22 control of vegetation and sprinkling facilities;

86-23 (9) Rights of way;

86-24 (10) Grade and traffic separators;

86-25 (11) Fences, cattle guards and other devices to control

86-26 access to a county or city road;

86-27 (12) Signs and devices for the control of traffic; and

86-28 (13) Facilities for personnel and the storage of

86-29 equipment used to construct, maintain or repair a county or

86-30 city road.

86-31 (c) “Improved road or street” means a road or street that

86-32 is, at least:

86-33 (1) Aligned and graded to allow reasonably convenient

86-34 use by a motor vehicle; and

86-35 (2) Drained sufficiently by a longitudinal and

86-36 transverse drainage system to prevent serious impairment of

86-37 the road or street by surface water.

86-38 [(d) “Subcommittee” means the subcommittee appointed

86-39 pursuant to NRS 218.53884.]

86-40 Sec. 6. 1. This section and sections 3 and 4 of this act

86-41 become effective on July 1, 2001.

86-42 2. Section 1 of this act becomes effective at 12:01 a.m.

86-43 on July 1, 2001.

86-44 3. Sections [1,] 3 and 4 of this act expire by limitation on

86-45 July 1, 2005.

87-1 4. Section 2 of this act becomes effective [at 12:01 a.m.]

87-2 on July 1, 2005.

87-3 Sec. 43. Section 12 of chapter 340, Statutes of Nevada 2001,

87-4 at page 1614, is hereby amended to read as follows:

87-5 Sec. 12. 1. This section and sections 1 to 5, inclusive,

87-6 7, 7.5 and 8 of this act become effective on October 1, 2001.

87-7 2. Section 6 of this act becomes effective on October 1,

87-8 2005.

87-9 3. Sections [9,] 10 and 11 of this act become effective on

87-10 the date on which the provisions of 42 U.S.C. § 666 requiring

87-11 each state to establish procedures under which the state has

87-12 authority to withhold or suspend, or to restrict the use of

87-13 professional, occupational and recreational licenses of

87-14 persons who:

87-15 (a) Have failed to comply with a subpoena or warrant

87-16 relating to a procedure to determine the paternity of a child or

87-17 to establish or enforce an obligation for the support of a child;

87-18 or

87-19 (b) Are in arrears in the payment for the support of one or

87-20 more children,

87-21 are repealed by the Congress of the United States.

87-22 4. [Sections 2, 5 and 9] Section 2 of this act [expire]

87-23 expires by limitation on September 30, 2005.

87-24 5. Section 9 of this act becomes effective on the date on

87-25 which the provisions of 42 U.S.C. § 666 requiring each state

87-26 to establish procedures under which the state has authority

87-27 to withhold or suspend, or to restrict the use of professional,

87-28 occupational and recreational licenses of persons who:

87-29 (a) Have failed to comply with a subpoena or warrant

87-30 relating to a procedure to determine the paternity of a child

87-31 or to establish or enforce an obligation for the support of a

87-32 child; or

87-33 (b) Are in arrears in the payment for the support of one

87-34 or more children,

87-35 are repealed by the Congress of the United States only if

87-36 that date occurs before September 30, 2005. If section 9 of

87-37 this act becomes effective, that section expires by limitation

87-38 on September 30, 2005.

87-39 Sec. 44. Section 16 of chapter 344, Statutes of Nevada 2001,

87-40 at page 1636, is hereby amended to read as follows:

87-41 Sec. 16. 1. This section and [section] sections 13 and

87-42 15 of this act become effective upon passage and approval.

87-43 2. Sections 1 and 12 of this act become effective upon

87-44 passage and approval for the purpose of adopting regulations

87-45 and at 12:01 a.m. on October 1, 2001, for all other purposes.

88-1 3. Sections 2, 3, 4 and 6 to 10, inclusive, of this act

88-2 become effective on July 1, 2001.

88-3 4. Section 5 of this act becomes effective at 12:01 a.m.

88-4 on July 1, 2001.

88-5 5. Section 14 of this act becomes effective at 12:02 a.m.

88-6 on July 1, 2001.

88-7 6. [Sections 11 and 13] Section 11 of this act [become]

88-8 becomes effective at 12:01 a.m. on October 1, 2001.

88-9 Sec. 45. Sections 3 and 4 of chapter 345, Statutes of Nevada

88-10 2001, at pages 1638 and 1639, respectively, are hereby amended to

88-11 read respectively as follows:

88-12 Sec. 3. NRS 176A.110 is hereby amended to read as

88-13 follows:

88-14 176A.110 1. The court shall not grant probation to or

88-15 suspend the sentence of a person convicted of an offense

88-16 listed in subsection 3 unless :

88-17 (a) If a psychosexual evaluation of the person is

88-18 required pursuant to NRS 176.139, the person who conducts

88-19 the psychosexual evaluation certifies in the report prepared

88-20 pursuant to NRS 176.139 that the person convicted of the

88-21 offense does not represent a high risk to reoffend based

88-22 upon a currently accepted standard of assessment; or

88-23 (b) If a psychosexual evaluation of the person is not

88-24 required pursuant to NRS 176.139, a psychologist licensed

88-25 to practice in this state who is trained to conduct

88-26 psychosexual evaluations or a psychiatrist licensed to

88-27 practice medicine in this state who is certified by the

88-28 American Board of Psychiatry and Neurology and is trained

88-29 to conduct psychosexual evaluations certifies in a written

88-30 report to the court that the person [is not a menace to the

88-31 health, safety or morals of others.] convicted of the offense

88-32 does not represent a high risk to reoffend based upon a

88-33 currently accepted standard of assessment.

88-34 2. This section does not create a right in any person to be

88-35 certified or to continue to be certified . [and no] No person

88-36 may bring a cause of action against the state, its political

88-37 subdivisions, or the agencies, boards, commissions,

88-38 departments, officers or employees of the state or its political

88-39 subdivisions for not certifying a person pursuant to this

88-40 section or for refusing to consider a person for certification

88-41 pursuant to this section.

88-42 3. The provisions of this section apply to a person

88-43 convicted of any of the following offenses:

88-44 (a) Attempted sexual assault of a person who is 16 years

88-45 of age or older pursuant to NRS 200.366.

89-1 (b) Statutory sexual seduction pursuant to NRS 200.368.

89-2 (c) Battery with intent to commit sexual assault pursuant

89-3 to NRS 200.400.

89-4 (d) Abuse or neglect of a child pursuant to NRS 200.508.

89-5 (e) An offense involving pornography and a minor

89-6 pursuant to NRS 200.710 to 200.730, inclusive.

89-7 (f) Incest pursuant to NRS 201.180.

89-8 (g) Solicitation of a minor to engage in acts constituting

89-9 the infamous crime against nature pursuant to NRS 201.195.

89-10 (h) Open or gross lewdness pursuant to NRS 201.210.

89-11 (i) Indecent or obscene exposure pursuant to

89-12 NRS 201.220.

89-13 (j) Lewdness with a child pursuant to NRS 201.230.

89-14 (k) Sexual penetration of a dead human body pursuant to

89-15 NRS 201.450.

89-16 (l) Luring a child using a computer, system or network

89-17 pursuant to section 4 of [this act,] Senate Bill No. 551 of this

89-18 session, if punished as a felony.

89-19 (m) A violation of NRS 207.180.

89-20 (n) An attempt to commit an offense listed in paragraphs

89-21 (b) to (m), inclusive.

89-22 (o) Coercion or attempted coercion that is determined to

89-23 be sexually motivated pursuant to NRS 207.193.

89-24 Sec. 4. NRS 176A.850 is hereby amended to read as

89-25 follows:

89-26 176A.850 1. A person who:

89-27 (a) Has fulfilled the conditions of his probation for the

89-28 entire period thereof;

89-29 (b) Is recommended for earlier discharge by the division;

89-30 or

89-31 (c) Has demonstrated his fitness for honorable discharge

89-32 but because of economic hardship, verified by a parole and

89-33 probation officer, has been unable to make restitution as

89-34 ordered by the court,

89-35 may be granted an honorable discharge from probation by

89-36 order of the court.

89-37 2. Any amount of restitution remaining unpaid

89-38 constitutes a civil liability arising upon the date of discharge.

89-39 3. A person honorably discharged from probation [is] :

89-40 (a) Is free from the terms and conditions of his probation

89-41 [and] ;

89-42 (b) If he meets the requirements of NRS 176A.860, may

89-43 apply to the division [, in person or by attorney, pursuant to

89-44 NRS 176A.860, for the] to request a restoration of his civil

89-45 rights ; and [, to the court, pursuant to]

90-1 (c) If he meets the requirements of NRS 179.245, may

90-2 apply to the court for the sealing of records relating to his

90-3 conviction. [He]

90-4 The person must be informed of [these privileges] the

90-5 provisions of this section and NRS 176A.860 and 179.245 in

90-6 his probation papers.

90-7 4. A person honorably discharged from probation who

90-8 has had his civil rights restored by the court:

90-9 (a) Is exempt from the requirements of chapter 179C of

90-10 NRS, but is not exempt from the requirements of chapter

90-11 179D of NRS.

90-12 (b) May vote, hold office or serve as a juror.

90-13 (c) Shall disclose the conviction to a gaming

90-14 establishment and to the state [,] and its agencies,

90-15 departments, boards, commissions and political subdivisions,

90-16 if required in an application for employment, license or other

90-17 permit. As used in this paragraph, “establishment” has the

90-18 meaning ascribed to it in NRS 463.0148.

90-19 (d) Except as otherwise provided in paragraph (c), need

90-20 not disclose the conviction to an employer or prospective

90-21 employer.

90-22 5. The prior conviction of a person whose civil rights

90-23 have been restored or who has been honorably discharged

90-24 from probation may be used for purposes of impeachment. In

90-25 any subsequent prosecution of the person who has had his

90-26 civil rights restored or who has been honorably discharged

90-27 from probation, the prior conviction may be pleaded and

90-28 proved if otherwise admissible.

90-29 Sec. 46. Section 2 of chapter 346, Statutes of Nevada 2001, at

90-30 page 1642, is hereby amended to read as follows:

90-31 Sec. 2. NRS 244A.7641 is hereby amended to read as

90-32 follows:

90-33 244A.7641 As used in NRS 244A.7641 to 244A.7647,

90-34 inclusive, [and] section 1 of [this act,] Senate Bill No. 569 of

90-35 this session and section 1 of this act, unless the context

90-36 otherwise requires:

90-37 1. “Mobile telephone service” means cellular or other

90-38 service to a telephone installed in a vehicle or which is

90-39 otherwise portable.

90-40 2. “Place of primary use” has the meaning ascribed to

90-41 it in 4 U.S.C. § 124(8), as that section existed on August 1,

90-42 2002.

90-43 3. “Supplier” means a person authorized by the Federal

90-44 Communications Commission to provide mobile telephone

90-45 service.

91-1 Sec. 47. Section 10 of chapter 350, Statutes of Nevada 2001,

91-2 at page 1660, is hereby amended to read as follows:

91-3 Sec. 10. NRS 280.266 is hereby amended to read as

91-4 follows:

91-5 280.266 1. Upon the adoption of a resolution pursuant

91-6 to NRS 350.087, the committee may issue a medium-term

91-7 obligation to purchase capital equipment or enter into a lease-

91-8 purchase agreement for capital equipment.

91-9 2. The committee is not required to comply with the

91-10 provisions of NRS 350.089 if it enters a lease-purchase

91-11 agreement for capital equipment.

91-12 3. If a participating political subdivision withdraws

91-13 from the department, the withdrawing political subdivision

91-14 becomes liable for the proportion of the indebtedness for the

91-15 medium-term obligations issued pursuant to this section

91-16 that is attributable to the withdrawing political subdivision

91-17 based on the percentage of the department’s expenses paid

91-18 by the withdrawing political subdivision pursuant to the

91-19 formula in effect at the time the medium-term obligations

91-20 were issued.

91-21 4. Each participating political subdivision at the time

91-22 of dissolution becomes liable for the proportion of the

91-23 indebtedness for the medium-term obligations issued

91-24 pursuant to this section that is attributable to each

91-25 participating political subdivision based on the percentage

91-26 of the department’s expenses paid by each participating

91-27 political subdivision pursuant to the formula in effect at the

91-28 time the medium-term obligations were issued.

91-29 Sec. 48. Sections 7 and 12 of chapter 356, Statutes of Nevada

91-30 2001, at pages 1683 and 1689, respectively, are hereby amended to

91-31 read respectively as follows:

91-32 Sec. 7. NRS 278.260 is hereby amended to read as

91-33 follows:

91-34 278.260 1. The governing body shall provide for the

91-35 manner in which zoning regulations and restrictions and the

91-36 boundaries of zoning districts are determined, established,

91-37 enforced and amended.

91-38 2. A zoning regulation, restriction or boundary or an

91-39 amendment thereto must not become effective until after

91-40 transmittal of a copy of the relevant application to the town

91-41 board, citizens’ advisory council or town advisory board

91-42 pursuant to subsection 5, if applicable, and after a public

91-43 hearing at which parties in interest and other persons have an

91-44 opportunity to be heard. The governing body shall cause

91-45 notice of the time and place of the hearing to be:

92-1 (a) Published in an official newspaper, or a newspaper of

92-2 general circulation, in the city, county or region; and

92-3 (b) Mailed to each tenant of a mobile home park if that

92-4 park is located within 300 feet of the property in

92-5 question,

92-6 at least 10 days before the hearing.

92-7 3. If [the] a proposed amendment involves a change in

92-8 the boundary of a zoning district in a county whose

92-9 population is less than 400,000, the governing body shall, to

92-10 the extent this notice does not duplicate the notice required by

92-11 subsection 2, cause a notice to be sent at least 10 days before

92-12 the hearing to:

92-13 (a) The applicant;

92-14 (b) Each owner, as listed on the county assessor’s records,

92-15 of real property located within 300 feet of the portion of the

92-16 boundary being changed;

92-17 (c) The owner, as listed on the county assessor’s records,

92-18 of each of the 30 separately owned parcels nearest to the

92-19 portion of the boundary being changed, to the extent this

92-20 notice does not duplicate the notice given pursuant to

92-21 paragraph (b); and

92-22 (d) Any advisory board which has been established for

92-23 the affected area by the governing body.

92-24 The notice must be sent by mail or, if requested by a party to

92-25 whom notice must be provided pursuant to paragraphs (a) to

92-26 (d), inclusive, by electronic means if receipt of such an

92-27 electronic notice can be verified, and be written in language

92-28 which is easy to understand. The notice must set forth the

92-29 time, place and purpose of the hearing and a physical

92-30 description of, or a map detailing, the proposed change, must

92-31 indicate the existing zoning designation, and the proposed

92-32 zoning designation, of the property in question, and must

92-33 contain a brief summary of the intent of the proposed change.

92-34 If the proposed amendment involves a change in the

92-35 boundary of the zoning district that would reduce the density

92-36 or intensity with which a parcel of land may be used, the

92-37 notice must include a section that an owner of property may

92-38 complete and return to the governing body to indicate his

92-39 approval of or opposition to the proposed amendment.

92-40 4. If [the] a proposed amendment involves a change in

92-41 the boundary of a zoning district in a county whose

92-42 population is 400,000 or more, the governing body shall, to

92-43 the extent this notice does not duplicate the notice required by

92-44 subsection 2, cause a notice to be sent at least 10 days before

92-45 the hearing to:

93-1 (a) The applicant;

93-2 (b) Each owner, as listed on the county assessor’s records,

93-3 of real property located within 500 feet [from] of the portion

93-4 of the boundary being changed;

93-5 (c) The owner, as listed on the county assessor’s records,

93-6 of each of the 30 separately owned parcels nearest to the

93-7 portion of the boundary being changed, to the extent this

93-8 notice does not duplicate the notice given pursuant to

93-9 paragraph (b); and

93-10 (d) Any advisory board which has been established for

93-11 the affected area by the governing body.

93-12 The notice must be sent by mail or, if requested by a party to

93-13 whom notice must be provided pursuant to paragraphs (a) to

93-14 (d), inclusive, by electronic means if receipt of such an

93-15 electronic notice can be verified, and be written in language

93-16 which is easy to understand. The notice must set forth the

93-17 time, place and purpose of the hearing and a physical

93-18 description of, or a map detailing, the proposed change, must

93-19 indicate the existing zoning designation, and the proposed

93-20 zoning designation, of the property in question, and must

93-21 contain a brief summary of the intent of the proposed change.

93-22 If the proposed amendment involves a change in the

93-23 boundary of the zoning district that would reduce the density

93-24 or intensity with which a parcel of land may be used, the

93-25 notice must include a section that an owner of property may

93-26 complete and return to the governing body to indicate his

93-27 approval of or opposition to the proposed amendment.

93-28 5. If an application is filed with the governing body

93-29 and the application involves a change in the boundary of a

93-30 zoning district within an unincorporated town that is located

93-31 more than 10 miles from an incorporated city, the governing

93-32 body shall, at least 10 days before the hearing on the

93-33 application is held pursuant to subsection 2, transmit a copy

93-34 of any information pertinent to the application to the town

93-35 board, citizens’ advisory council or town advisory board,

93-36 whichever is applicable, of the unincorporated town. The

93-37 town board, citizens’ advisory council or town advisory

93-38 board may make recommendations regarding the

93-39 application and submit its recommendations before the

93-40 hearing on the application is held pursuant to subsection 2.

93-41 The governing body or other authorized person or entity

93-42 conducting the hearing shall consider any

93-43 recommendations submitted by the town board, citizens’

93-44 advisory council or town advisory board regarding the

93-45 application and, within 10 days after making its decision on

94-1 the application, transmit a copy of its decision to the town

94-2 board, citizens’ advisory council or town advisory board.

94-3 6. If a notice is required to be sent pursuant to

94-4 subsection 4:

94-5 (a) The exterior of a notice sent by mail; or

94-6 (b) The cover sheet, heading or subject line of a notice

94-7 sent by electronic means,

94-8 must bear a statement in at least 10-point bold type or font in

94-9 substantially the following form:

94-10 OFFICIAL NOTICE OF PUBLIC HEARING

94-11 [6.] 7. In addition to sending the notice required

94-12 pursuant to subsection 4, in a county whose population is

94-13 400,000 or more, the governing body shall, not later than 10

94-14 days before the hearing, erect or cause to be erected on the

94-15 property, at least one sign not less than 2 feet high and 2 feet

94-16 wide. The sign must be made of material reasonably

94-17 calculated to withstand the elements for 40 days. The

94-18 governing body must be consistent in its use of colors for the

94-19 background and lettering of the sign. The sign must include

94-20 the following information:

94-21 (a) The existing zoning designation of the property in

94-22 question;

94-23 (b) The proposed zoning designation of the property in

94-24 question;

94-25 (c) The date, time and place of the public hearing;

94-26 (d) A telephone number which may be used by interested

94-27 persons to obtain additional information; and

94-28 (e) A statement which indicates whether the proposed

94-29 zoning designation of the property in question complies with

94-30 the requirements of the master plan of the city or county in

94-31 which the property is located.

94-32 [7.] 8. A sign required pursuant to subsection [6] 7 is for

94-33 informational purposes only, and must be erected regardless

94-34 of any local ordinance regarding the size, placement or

94-35 composition of signs to the contrary.

94-36 [8.] 9. A governing body may charge an additional fee

94-37 for each application to amend an existing zoning regulation,

94-38 restriction or boundary to cover the actual costs resulting

94-39 from the mailed notice required by this section and the

94-40 erection of not more than one of the signs required by

94-41 subsection [6,] 7, if any. The additional fee is not subject to

94-42 the limitation imposed by NRS 354.5989.

95-1 [9.] 10. The governing body shall remove or cause to be

95-2 removed any sign required by subsection [6] 7 within 5 days

95-3 after the final hearing for the application for which the sign

95-4 was erected. There must be no additional charge to the

95-5 applicant for such removal.

95-6 [10.] 11. If a proposed amendment involves a change in

95-7 the boundary of a zoning district in a county whose

95-8 population is 400,000 or more that would reduce the density

95-9 or intensity with which a parcel of land may be used and at

95-10 least 20 percent of the property owners to whom notices were

95-11 sent pursuant to subsection 4 indicate in their responses

95-12 opposition to the proposed amendment, the governing body

95-13 shall not approve the proposed amendment unless the

95-14 governing body:

95-15 (a) Considers separately the merits of each aspect of the

95-16 proposed amendment to which the owners expressed

95-17 opposition; and

95-18 (b) Makes a written finding that the public interest and

95-19 necessity will be promoted by approval of the proposed

95-20 amendment.

95-21 [11.] 12. The governing body of a county whose

95-22 population is 400,000 or more shall not approve a zoning

95-23 regulation, restriction or boundary, or an amendment thereof,

95-24 that affects any unincorporated area of the county that is

95-25 surrounded completely by the territory of an incorporated city

95-26 without sending a notice to the governing body of the city.

95-27 The governing body of the city, or its designee, must submit

95-28 any recommendations to the governing body of the county

95-29 within 15 days after receiving the notice. The governing body

95-30 of the county shall consider any such recommendations. If the

95-31 governing body of the county does not accept a

95-32 recommendation, the governing body of the county, or its

95-33 authorized agent, shall specify for the record the reasons for

95-34 its action.

95-35 Sec. 12. 1. This section and sections 1, 2, 3, 5 [to 8,

95-36 inclusive,] , 6, 8, 10 and 11 of this act become effective on

95-37 October 1, 2001.

95-38 2. Section 7 of this act becomes effective at 12:01 a.m.

95-39 on October 1, 2001.

95-40 3. Sections 4 and 9 of this act become effective on

95-41 January 1, 2002.

95-42 Sec. 49. 1. Section 14 of chapter 358, Statutes of Nevada

95-43 2001, at page 1697, is hereby amended to read as follows:

95-44 Sec. 14. The amendatory provisions of sections 1 to 13,

95-45 inclusive, of this act apply to:

96-1 1. A petition for an order to seal records pursuant to

96-2 NRS 179.245 or 179.255 that is filed on or after the effective

96-3 date of this act.

96-4 2. An application for restoration of civil rights pursuant

96-5 to NRS 176A.860, 213.090, 213.155 or 213.157 that is filed

96-6 on or after the effective date of this act.

96-7 2. Chapter 358, Statutes of Nevada 2001, at page 1697, is

96-8 hereby amended by adding thereto new sections to be designated as

96-9 sections 13.3 and 13.7, immediately following section 13, to read

96-10 respectively as follows:

96-11 Sec. 13.3. Section 7 of chapter 345, Statutes of Nevada

96-12 2001, at page 1641, is hereby amended to read as follows:

96-13 Sec. 7. 1. The amendatory provisions of sections 1,

96-14 2 and 3 of this act apply to any person who is given a

96-15 psychosexual evaluation pursuant to NRS 176.139 or who

96-16 is subject to the provisions of NRS 176A.110 on or after

96-17 October 1, 2001, whether or not the person was convicted

96-18 before, on or after October 1, 2001.

96-19 2. The amendatory provisions of [sections 4 and 5]

96-20 section 4 of this act apply to any person who applies to the

96-21 division of parole and probation of the department of

96-22 motor vehicles and public safety to request a restoration of

96-23 his civil rights pursuant to NRS 176A.860 on or after

96-24 October 1, 2001, whether or not the person was convicted

96-25 before, on or after October 1, 2001.

96-26 3. The amendatory provisions of section 6 of this act

96-27 apply to any person who is subject to the provisions of

96-28 NRS 213.1214 on or after October 1, 2001, whether or not

96-29 the person was convicted before, on or after October 1,

96-30 2001.

96-31 Sec. 13.7. Section 5 of chapter 345, Statutes of Nevada

96-32 2001, at page 1640, is hereby repealed.

96-33 Sec. 50. Section 1 of chapter 360, Statutes of Nevada 2001, at

96-34 page 1698, is hereby amended to read as follows:

96-35 Section 1. NRS 48.061 is hereby amended to read as

96-36 follows:

96-37 48.061 [Evidence]

96-38 1. Except as otherwise provided in subsection 2,

96-39 evidence of domestic violence [as defined in NRS 33.018]

96-40 and expert testimony concerning the effect of domestic

96-41 violence , including, without limitation, the effect of

96-42 physical, emotional or mental abuse, on the beliefs, behavior

96-43 and perception of the [person alleging] alleged victim of the

96-44 domestic violence that is offered by the prosecution or

96-45 defense is admissible in [chief and in rebuttal,] a criminal

97-1 proceeding for any relevant purpose, including, without

97-2 limitation, when determining:

97-3 [1.] (a) Whether a [person] defendant is excepted from

97-4 criminal liability pursuant to subsection 6 of NRS 194.010, to

97-5 show the state of mind of the defendant.

97-6 [2.] (b) Whether a [person] defendant in accordance with

97-7 NRS 200.200 has killed another in self-defense, toward the

97-8 establishment of the legal defense.

97-9 2. Expert testimony concerning the effect of domestic

97-10 violence may not be offered against a defendant pursuant to

97-11 subsection 1 to prove the occurrence of an act which forms

97-12 the basis of a criminal charge against the defendant.

97-13 3. As used in this section, “domestic violence” means

97-14 the commission of any act described in NRS 33.018.

97-15 Sec. 51. Section 8 of chapter 365, Statutes of Nevada 2001, at

97-16 page 1719, is hereby amended to read as follows:

97-17 Sec. 8. NRS 488.580 is hereby amended to read as

97-18 follows:

97-19 488.580

1. A person shall not operate or authorize

97-20 another person to operate a personal watercraft under his

97-21 ownership or control:

97-22 (a) In a reckless or negligent manner so as to endanger the

97-23 life or property of another person.

97-24 (b) Unless the operator and each passenger is wearing a

97-25 personal flotation device of a type approved by the United

97-26 States Coast Guard and prescribed by the regulations of the

97-27 commission.

97-28 (c) Unless the operator is at least [12] 14 years of age.

97-29 (d) Unless the operator satisfies any applicable

97-30 provisions of section 5 of this act.

97-31 2. There is prima facie evidence that a person is

97-32 operating a personal watercraft in a reckless or negligent

97-33 manner if that person commits two or more of the following

97-34 acts simultaneously:

97-35 (a) Operates the personal watercraft within a zone closer

97-36 than 5 lengths of the longest vessel, unless both are leaving a

97-37 flat wake or traveling at a speed of not more than 5 nautical

97-38 miles per hour.

97-39 (b) Operates the personal watercraft in the vicinity of a

97-40 motorboat in a manner that obstructs the visibility of either

97-41 operator.

97-42 (c) Heads into the wake of a motorboat which is within a

97-43 zone closer than 5 lengths of the longest vessel and causes

97-44 one-half or more of the length of the personal watercraft to

97-45 leave the water.

98-1 (d) Within a zone closer than 5 lengths of the longest

98-2 vessel, maneuvers quickly, turns sharply or swerves, unless

98-3 the maneuver is necessary to avoid collision.

98-4 3. As used in this section, “personal watercraft” means a

98-5 class A motorboat which:

98-6 (a) Is less than 13 feet in length;

98-7 (b) Is designed to be operated by a person sitting,

98-8 standing or kneeling on, rather than in, the motorboat;

98-9 (c) Is capable of performing sharp turns or quick

98-10 maneuvers; and

98-11 (d) Has a motor that exceeds 10 horsepower.

98-12 Sec. 52. 1. Sections 12, 20, 42, 55, 57, 63 and 73 of chapter

98-13 370, Statutes of Nevada 2001, at pages 1736, 1740, 1750, 1755,

98-14 1756, 1759 and 1762, respectively, are hereby amended to read

98-15 respectively as follows:

98-16 Sec. 12. NRS 247.110 is hereby amended to read as

98-17 follows:

98-18 247.110 1. When a document authorized by law to be

98-19 recorded is deposited in the county recorder’s office for

98-20 recording, the county recorder shall:

98-21 (a) Endorse upon it the time when it was received, noting:

98-22 (1) The year, month, day, hour and minute of its

98-23 reception;

98-24 (2) The document number; and

98-25 (3) The amount of fees collected for recording the

98-26 document.

98-27 (b) Record the document without delay, together with the

98-28 acknowledgments, proofs and certificates, written upon or

98-29 annexed to it, with the plats, surveys, schedules and other

98-30 papers thereto annexed, in the order in which the papers are

98-31 received for recording.

98-32 (c) Note at the upper right corner of the record and upon

98-33 the document , except a map, so recorded the exact time of its

98-34 reception, and the name of the person at whose request it was

98-35 recorded.

98-36 (d) Upon request, place a stamp or other notation upon

98-37 one copy of the document presented at the time of recording

98-38 to reflect the information endorsed upon the original pursuant

98-39 to subparagraphs (1) and (2) of paragraph (a) and as evidence

98-40 that he received the original, and return the copy to the person

98-41 who presented it.

98-42 2. In addition to the information described in paragraph

98-43 (a) of subsection 1, a county recorder may endorse upon a

98-44 document the book and page where the document is recorded.

99-1 3. A county recorder shall not refuse to record a

99-2 document on the grounds that the document is not legally

99-3 effective to accomplish the purposes stated therein.

99-4 4. A document, except a map, that is submitted for

99-5 recording must:

99-6 (a) Be on paper that is 8 1/2 inches by 11 inches in size;

99-7 (b) Have a margin of 1 inch on the left and right sides

99-8 and at the bottom of each page; and

99-9 (c) Have a space of 3 inches by 3 inches at the upper

99-10 right corner of the first page and have a margin of 1 inch at

99-11 the top of each succeeding page.

99-12 Sec. 20. NRS 247.180 is hereby amended to read as

99-13 follows:

99-14 247.180 1. Except as otherwise provided in NRS

99-15 111.312, whenever [an instrument] a document conveying,

99-16 encumbering or mortgaging both real and personal property is

99-17 presented to [any] a county recorder for recording, the county

99-18 recorder shall record the [instrument in a book kept by him

99-19 for that purpose, which ] document. The record must be

99-20 indexed in the real estate index as deeds and other

99-21 conveyances are required by law to be indexed, and for which

99-22 [he] the county recorder may receive the same fees as are

99-23 allowed by law for recording and indexing deeds and other

99-24 [instruments,] documents, but only one fee for the recording

99-25 of [any instrument] a document may be collected.

99-26 2. A county recorder who records [an instrument] a

99-27 document pursuant to this section shall, within 7 working

99-28 days after he records the [instrument,] document, provide to

99-29 the county assessor at no charge:

99-30 (a) A duplicate copy of the [instrument] document and

99-31 any supporting documents; or

99-32 (b) Access to the digital [instrument] document and any

99-33 digital supporting documents.

99-34 Sec. 42. NRS 39.040 is hereby amended to read as

99-35 follows:

99-36 39.040 Immediately after filing the complaint, the

99-37 plaintiff shall [file] record with the recorder of the county in

99-38 which the property is situated, a notice of the pendency of the

99-39 action, containing the names of the parties so far as known,

99-40 the object of the action [,] and a description of the property to

99-41 be affected thereby. From the time of the [filing] recording of

99-42 the notice, except as otherwise provided in NRS 14.017, it

99-43 shall be deemed notice to all persons.

100-1 Sec. 55. NRS 123.150 is hereby amended to read as

100-2 follows:

100-3 123.150 1. [When] If a married person is a resident of

100-4 this state, the [filing for record] recording of the inventory of

100-5 [such] the person’s separate property in the office of the

100-6 recorder of the county in which [such] the person resides is

100-7 notice of [such] the person’s title to the [same,] separate

100-8 property, except as to any real property situate in another

100-9 county , [;] and as to [such] that real property, the [filing for

100-10 record] recording of the inventory thereof in the office of the

100-11 recorder of the county where the same is situate, is notice of

100-12 [such] the person’s title thereto.

100-13 2. [When] If a married person is not a resident of this

100-14 state, the [filing for record] recording of the inventory of

100-15 [such] the person’s separate property in the office of the

100-16 recorder of the county where any portion of [such] the

100-17 property, real or personal, included in the inventory is situate,

100-18 located or used, is notice of [such] the person’s title as to all

100-19 [such] that property situate, located or used in [such] that

100-20 county.

100-21 Sec. 57. NRS 234.250 is hereby amended to read as

100-22 follows:

100-23 234.250 1. In addition to any other requirement of law,

100-24 each local government, as defined in NRS 354.474, shall [file

100-25 a copy of its] record the original official plat with:

100-26 (a) The county recorder, the county clerk or the registrar

100-27 of voters, and the county assessor of each county in which its

100-28 territory or any part thereof is situated.

100-29 (b) The department of taxation.

100-30 2. All changes in boundaries made [subsequent to] after

100-31 the original [filing and] recording of such plat [shall] must be

100-32 recorded [and filed] immediately with the offices with which

100-33 copies of the original plat were [filed.] recorded.

100-34 3. Until a local government complies with the

100-35 requirements of subsections 1 and 2 , it shall not levy or

100-36 receive any ad valorem or other tax or any other mandatory

100-37 assessment.

100-38 4. This section applies to all local governments receiving

100-39 and expending funds on behalf of the public, regardless of

100-40 their designation.

100-41 Sec. 63. NRS 277.140 is hereby amended to read as

100-42 follows:

100-43 277.140 As conditions precedent to the entry into force

100-44 of any agreement made pursuant to NRS 277.080 to 277.170,

100-45 inclusive:

101-1 1. The agreement must be submitted to the attorney

101-2 general, who shall determine whether it is in proper form and

101-3 compatible with the laws of this state. The attorney general

101-4 shall set forth in detail, in writing, addressed to the governing

101-5 bodies of the public agencies concerned, any specific respects

101-6 in which he finds that the proposed agreement fails to [meet]

101-7 comply with the requirements of law. Any failure by the

101-8 attorney general to disapprove an agreement submitted under

101-9 the provisions of this section within 30 days after its

101-10 submission shall be deemed to constitute his approval.

101-11 2. If the agreement is in writing, it must be [filed]

101-12 recorded with the county recorder of each county in which a

101-13 participating political subdivision of this state is located, and

101-14 filed with the secretary of state.

101-15 Sec. 73. 1. This section and sections 1 to 11,

101-16 inclusive, 13 to 19, inclusive, 21 to 52, inclusive, 54 to 59,

101-17 inclusive, 61 [to 65, inclusive,] , 62, 64, 65, 67 and 69 to 72,

101-18 inclusive, of this act become effective on July 1, 2001.

101-19 2. Sections 20, 53, 60 , 63 and 66 of this act become

101-20 effective at 12:01 a.m. on July 1, 2001.

101-21 3. Section 12 of this act becomes effective on July 1,

101-22 2003.

101-23 2. Chapter 370, Statutes of Nevada 2001, at page 1762, is

101-24 hereby amended by adding thereto new sections to be designated as

101-25 sections 70.3 and 70.5, immediately following section 70, to read

101-26 respectively as follows:

101-27 Sec. 70.3. NRS 329.010 is hereby amended to read as

101-28 follows:

101-29 329.010 This chapter may be cited as the Corner

101-30 Perpetuation and [Filing] Recording Law.

101-31 Sec. 70.5. NRS 329.020 is hereby amended to read as

101-32 follows:

101-33 329.020 It is the purpose of this chapter to protect and

101-34 perpetuate public land survey corners and information

101-35 concerning the location of such corners by requiring the

101-36 systematic establishment of monuments and [filing]

101-37 recording of information concerning the location of such

101-38 corners, thereby providing for property security and a

101-39 coherent system of property location and identification, and

101-40 eliminating the repeated necessity for reestablishment and

101-41 relocations of such corners once they are established and

101-42 located.

102-1 3. Chapter 370, Statutes of Nevada 2001, at page 1762, is

102-2 hereby amended by adding thereto new sections to be designated as

102-3 sections 71.1, 71.2, 71.3, 71.4 and 71.5, immediately following

102-4 section 71, to read respectively as follows:

102-5 Sec. 71.1. NRS 329.145 is hereby amended to read as

102-6 follows:

102-7 329.145 A surveyor is not required to [file] record a

102-8 corner record if:

102-9 1. A corner record is [on file] recorded with the county

102-10 recorder and the corner is found as described in the record;

102-11 and

102-12 2. All information required in a corner record pursuant

102-13 to this chapter is included in:

102-14 (a) A record of survey [filed] recorded in accordance with

102-15 the provisions of NRS 625.340 to 625.380, inclusive; or

102-16 (b) A land subdivision map recorded in accordance with

102-17 the provisions of NRS 278.010 to 278.630, inclusive.

102-18 Sec. 71.2. NRS 329.150 is hereby amended to read as

102-19 follows:

102-20 329.150 A surveyor may [file] record any corner record

102-21 as to any property corner, property-controlling corner,

102-22 reference monument or accessory to a corner.

102-23 Sec. 71.3. NRS 329.160 is hereby amended to read as

102-24 follows:

102-25 329.160 The board shall, by regulation, prescribe the

102-26 information which is to be included in the corner record and

102-27 the form in which such corner record is to be presented and

102-28 [filed.] recorded.

102-29 Sec. 71.4. NRS 329.180 is hereby amended to read as

102-30 follows:

102-31 329.180 Where a corner record of a public land survey

102-32 corner is required to be [filed under] recorded pursuant to the

102-33 provisions of this chapter, the surveyor must reconstruct or

102-34 rehabilitate the monument of such corner and the accessories

102-35 to such corner so that such corner and accessories may be

102-36 readily located at any time in the future.

102-37 Sec. 71.5. NRS 329.190 is hereby amended to read as

102-38 follows:

102-39 329.190 No corner record may be [filed] recorded

102-40 unless it is signed by a professional land surveyor or, in the

102-41 case of any agency of the United States Government, by the

102-42 official making the survey, who shall designate his official

102-43 title and the agency for which he is employed.

103-1 Sec. 53. 1. Sections 7, 9, 22, 47, 50, 54, 68 and 69 of chapter

103-2 374, Statutes of Nevada 2001, at pages 1795, 1798, 1814, 1817,

103-3 1820 and 1829, are hereby amended to read respectively as follows:

103-4 Sec. 7. NRS 354.470 is hereby amended to read as

103-5 follows:

103-6 354.470 NRS 354.470 to 354.626, inclusive, [and]

103-7 section 1 of [this act] Senate Bill No. 125 of this session and

103-8 sections 2 to 5, inclusive, of this act, may be cited as the

103-9 Local Government Budget and Finance Act.

103-10 Sec. 9. NRS 354.475 is hereby amended to read as

103-11 follows:

103-12 354.475 1. All special districts subject to the

103-13 provisions of the Local Government Budget and Finance Act

103-14 with annual total expenditures of less than [$100,000]

103-15 $200,000 may petition the department of taxation for

103-16 exemption from the requirements of the Local Government

103-17 Budget and Finance Act for the filing of certain budget

103-18 documents and audit reports. Such districts may further

103-19 petition to [return to] use a cash [method] basis of

103-20 accounting. The minimum required of such districts is the

103-21 filing with the department of taxation of an annual budget on

103-22 or before April 15 of each year and the filing of fiscal reports

103-23 in accordance with section 1 of [this act.] Senate Bill No. 125

103-24 of this session. Such petitions must be received by the

103-25 department of taxation on or before [December 31] April 15

103-26 to be effective for the succeeding fiscal year or, in a case of

103-27 an annual audit exemption, to be effective for the current

103-28 fiscal year. A board of county commissioners may request the

103-29 department of taxation to audit the financial records of such

103-30 an exempt district.

103-31 2. Such districts are exempt from all publication

103-32 requirements of the Local Government Budget and Finance

103-33 Act, except that the department of taxation by regulation shall

103-34 require an annual publication of a notice of budget adoption

103-35 and filing. The department of taxation shall adopt regulations

103-36 pursuant to NRS 354.594 which are necessary to carry out the

103-37 purposes of this section.

103-38 3. The revenue recorded in accounts that are kept on a

103-39 cash basis must consist of cash items.

103-40 4. As used in this section, “cash basis” means the system

103-41 of accounting under which revenues are recorded only when

103-42 received and expenditures or expenses are recorded only

103-43 when paid.

104-1 Sec. 22. NRS 354.535 is hereby amended to read as

104-2 follows:

104-3 354.535 “General long-term debt” means debt which is

104-4 legally payable from general revenues and is backed by the

104-5 full faith and credit of a governmental unit. The term includes

104-6 [debt represented by local government securities] obligations

104-7 issued by a local government pursuant to chapter 350 of NRS

104-8 and [debt created for medium-term obligations pursuant to

104-9 NRS 350.087 to 350.095, inclusive.] other long-term

104-10 liabilities, including, without limitation, accrued

104-11 compensated absences and claims for workers’

104-12 compensation.

104-13 Sec. 47. NRS 354.665 is hereby amended to read as

104-14 follows:

104-15 354.665 1. If a local government does not file a

104-16 statement, report or other document as required by the

104-17 provisions of NRS 350.0035, 354.6025, 354.624, 354.6245,

104-18 387.303 or section 1 of [this act] Senate Bill No. 125 of this

104-19 session within 15 days after the day on which it was due, the

104-20 executive director shall notify the governing body of the local

104-21 government in writing that the report is delinquent. The

104-22 notification must be noted in the minutes of the first meeting

104-23 of the governing body following transmittal of the

104-24 notification.

104-25 2. If the required report is not received by the

104-26 department within 45 days after the day on which the report

104-27 was due, the executive director shall notify the governing

104-28 body that the presence of a representative of the governing

104-29 body is required at the next practicable scheduled meeting of

104-30 the [Nevada tax commission] committee to explain the reason

104-31 that the report has not been filed. The notice must be

104-32 transmitted to the governing body at least 5 days before the

104-33 date on which the meeting will be held.

104-34 3. If an explanation satisfactory to the [Nevada tax

104-35 commission] committee is not provided at the meeting as

104-36 requested in the notice and an arrangement is not made for

104-37 the submission of the report, the [commission] committee

104-38 may instruct the executive director to request that the state

104-39 treasurer withhold from the local government the next

104-40 distribution [of the supplemental city-county relief tax] from

104-41 the local government tax distribution account if the local

104-42 government is otherwise entitled to receive such a distribution

104-43 or of the Local School Support Tax if the local government is

104-44 a school district. Upon receipt of such a request, the state

104-45 treasurer shall withhold the payment and all future payments

105-1 until he is notified by the executive director that the report

105-2 has been received by the department.

105-3 Sec. 50. NRS 354.705 is hereby amended to read as

105-4 follows:

105-5 354.705 1. As soon as practicable after the department

105-6 takes over the management of a local government, the

105-7 executive director shall:

105-8 (a) Determine the total amount of expenditures necessary

105-9 to allow the local government to perform the basic functions

105-10 for which it was created;

105-11 (b) Determine the amount of revenue reasonably expected

105-12 to be available to the local government; and

105-13 (c) Consider any alternative sources of revenue available

105-14 to the local government.

105-15 2. If the executive director determines that the available

105-16 revenue is not sufficient to provide for the payment of

105-17 required debt service and operating expenses, he may submit

105-18 his findings to the committee who shall review the

105-19 determinations made by the executive director. If the

105-20 committee determines that additional revenue is needed, it

105-21 shall prepare a recommendation to the Nevada tax

105-22 commission as to which one or more of the following

105-23 additional taxes or charges should be imposed by the local

105-24 government:

105-25 (a) The levy of a property tax up to a rate which when

105-26 combined with all other overlapping rates levied in the state

105-27 does not exceed $4.50 on each $100 of assessed valuation.

105-28 (b) An additional tax on transient lodging at a rate not to

105-29 exceed 1 percent of the gross receipts from the rental of

105-30 transient lodging within the boundaries of the local

105-31 government upon all persons in the business of providing

105-32 lodging. Any such tax must be collected and administered in

105-33 the same manner as all other taxes on transient lodging are

105-34 collected by or for the local government.

105-35 (c) Additional service charges appropriate to the local

105-36 government.

105-37 (d) If the local government is a county or has boundaries

105-38 that are conterminous with the boundaries of the county:

105-39 (1) An additional tax on the gross receipts from the

105-40 sale or use of tangible personal property not to exceed one

105-41 quarter of 1 percent throughout the county. The ordinance

105-42 imposing any such tax must include provisions in substance

105-43 which comply with the requirements of subsections 2 to 5,

105-44 inclusive, of NRS 377A.030.

106-1 (2) An additional governmental services tax of not

106-2 more than 1 cent on each $1 of valuation of the vehicle for

106-3 the privilege of operating upon the public streets, roads and

106-4 highways of the county on each vehicle based in the county

106-5 except those vehicles exempt from the governmental services

106-6 tax imposed pursuant to chapter 371 of NRS or a vehicle

106-7 subject to NRS 706.011 to 706.861, inclusive, which is

106-8 engaged in interstate or intercounty operations. As used in

106-9 this subparagraph, “based” has the meaning ascribed to it in

106-10 NRS 482.011.

106-11 3. Upon receipt of the plan from the committee, a panel

106-12 consisting of [three members of the committee appointed by

106-13 the committee and] three members of the Nevada tax

106-14 commission appointed by the Nevada tax commission and

106-15 three members of the committee appointed by the committee

106-16 shall hold a public hearing at a location within the boundaries

106-17 of the local government in which the severe financial

106-18 emergency exists after giving public notice of the hearing at

106-19 least 10 days before the date on which the hearing will be

106-20 held. In addition to the public notice, the panel shall give

106-21 notice to the governing body of each local government whose

106-22 jurisdiction overlaps with the jurisdiction of the local

106-23 government in which the severe financial emergency exists.

106-24 4. After the public hearing conducted pursuant to

106-25 subsection 3, the Nevada tax commission may adopt the plan

106-26 as submitted or adopt a revised plan. Any plan adopted

106-27 pursuant to this section must include the duration for which

106-28 any new or increased taxes or charges may be collected which

106-29 must not exceed 5 years.

106-30 5. Upon adoption of the plan by the Nevada tax

106-31 commission, the local government in which the severe

106-32 financial emergency exists shall impose or cause to be

106-33 imposed the additional taxes and charges included in the plan

106-34 for the duration stated in the plan or until the severe financial

106-35 emergency has been determined by the Nevada tax

106-36 commission to have ceased to exist.

106-37 6. The allowed revenue from taxes ad valorem

106-38 determined pursuant to NRS 354.59811 does not apply to any

106-39 additional property tax levied pursuant to this section.

106-40 7. If a plan fails to satisfy the expenses of the local

106-41 government to the extent expected, the committee shall

106-42 report such failure to:

106-43 (a) The county for consideration of absorption of

106-44 services; or

107-1 (b) If the local government is a county, to the next

107-2 regular session of the legislature.

107-3 Sec. 54. NRS 218.53881 is hereby amended to read as

107-4 follows:

107-5 218.53881 1. There is hereby established a legislative

107-6 committee for local government taxes and finance consisting

107-7 of:

107-8 (a) Two members appointed by the majority leader of the

107-9 senate from the membership of the senate standing committee

107-10 on government affairs during the immediately preceding

107-11 session of the legislature;

107-12 (b) Two members appointed by the majority leader of the

107-13 senate from the membership of the senate standing committee

107-14 on taxation during the immediately preceding session of the

107-15 legislature;

107-16 (c) Two members appointed by the speaker of the

107-17 assembly from the membership of the assembly standing

107-18 committee on government affairs during the immediately

107-19 preceding session of the legislature; and

107-20 (d) Two members appointed by the speaker of the

107-21 assembly from the membership of the assembly standing

107-22 committee on taxation during the immediately preceding

107-23 session of the legislature.

107-24 2. The committee shall consult with an advisory

107-25 committee consisting of the executive director of the

107-26 department of taxation and 10 members who are

107-27 representative of various geographical areas of the state and

107-28 are appointed for terms of 2 years commencing on July 1 of

107-29 each odd-numbered year as follows:

107-30 (a) One member of the committee on local government

107-31 finance created pursuant to [NRS 266.0165] section 4 of this

107-32 act appointed by the Nevada League of Cities;

107-33 (b) One member of the committee on local government

107-34 finance created pursuant to [NRS 266.0165] section 4 of this

107-35 act appointed by the Nevada Association of Counties;

107-36 (c) One member of the committee on local government

107-37 finance created pursuant to [NRS 266.0165] section 4 of this

107-38 act appointed by the Nevada School Trustees Association;

107-39 (d) Three members involved in the government of a

107-40 county appointed by the Nevada Association of Counties;

107-41 (e) Three members involved in the government of an

107-42 incorporated city appointed by the Nevada League of Cities;

107-43 and

108-1 (f) One member who is a member of a board of trustees

108-2 for a general improvement district appointed by the

108-3 legislative commission.

108-4 The members of the advisory committee are nonvoting

108-5 members of the committee. When meeting as the advisory

108-6 committee, the members shall comply with the provisions of

108-7 chapter 241 of NRS.

108-8 3. The legislative members of the committee shall elect a

108-9 chairman from one house of the legislature and a vice

108-10 chairman from the other house. Each chairman and vice

108-11 chairman holds office for a term of 2 years commencing on

108-12 July 1 of each odd-numbered year.

108-13 4. Any member of the committee who is not a candidate

108-14 for reelection or who is defeated for reelection continues to

108-15 serve until the next session of the legislature convenes.

108-16 5. Vacancies on the committee must be filled in the

108-17 same manner as original appointments.

108-18 6. The committee shall report annually to the legislative

108-19 commission concerning its activities and any

108-20 recommendations.

108-21 Sec. 68. 1. Sections 41, 42 and 46 of chapter 456,

108-22 Statutes of Nevada 2001, at pages 2324 and 2330, are

108-23 hereby repealed.

108-24 2. NRS 266.0165, 354.478, 354.480, 354.481, 354.488,

108-25 354.514, 354.522, 354.540, 354.542, 354.551, 354.558,

108-26 354.564, 354.566, 354.576, 354.580, 354.588, [354.595,]

108-27 354.5984, 354.59871, 354.59872, 354.606, 354.610,

108-28 354.6107, 354.611, 354.6145, 354.615, 354.621 and 354.622

108-29 are hereby repealed.

108-30 3. NRS 354.595 is hereby repealed.

108-31 Sec. 69. 1. This section , [and] sections 67.3 and 67.5

108-32 of this act and subsection 1 of section 68 of this act become

108-33 effective on June 30, 2001.

108-34 2. Sections 1 to [9,] 6, inclusive, 8, 11 to 21, inclusive,

108-35 23 to 28, inclusive, 30 to 43, inclusive, 45 [to 49, inclusive,

108-36 and] , 46, 48, 49, 51 , 52, 53 and 55 to [68,] 67, inclusive, of

108-37 this act and subsection 2 of section 68 of this act become

108-38 effective on July 1, 2001.

108-39 [2.] 3. Sections 7, 9, 10, 22, 29, 44 [and 50] , 47 and 54

108-40 of this act and subsection 3 of section 68 of this act become

108-41 effective at 12:01 a.m. on July 1, 2001.

108-42 4. Section 50 of this act becomes effective at 12:02 a.m.

108-43 on July 1, 2001.

108-44 5. Section 54 of this act expires by limitation on July 1,

108-45 2005.

109-1 2. Chapter 374, Statutes of Nevada 2001, at page 1829, is

109-2 hereby amended by adding thereto new sections to be designated as

109-3 sections 67.3 and 67.5, immediately following section 67, to read

109-4 respectively as follows:

109-5 Sec. 67.3. Sections 31 and 62 of chapter 407, Statutes of

109-6 Nevada 2001, at pages 1980 and 2000, respectively, are

109-7 hereby amended to read respectively as follows:

109-8 Sec. 31. NRS 360.750 is hereby amended to read as

109-9 follows:

109-10 360.750 1. A person who intends to locate or

109-11 expand a business in this state may apply to the

109-12 commission on economic development for a partial

109-13 abatement of one or more of the taxes imposed on the new

109-14 or expanded business pursuant to chapter 361, 364A or

109-15 374 of NRS.

109-16 2. The commission on economic development shall

109-17 approve an application for a partial abatement if the

109-18 commission makes the following determinations:

109-19 (a) The business is consistent with:

109-20 (1) The state plan for industrial development and

109-21 diversification that is developed by the commission

109-22 pursuant to NRS 231.067; and

109-23 (2) Any guidelines adopted pursuant to the state

109-24 plan.

109-25 (b) The applicant has executed an agreement with the

109-26 commission which states that the business will, after the

109-27 date on which a certificate of eligibility for the abatement

109-28 is issued pursuant to subsection 5, continue in operation in

109-29 this state for a period specified by the commission, which

109-30 must be at least 5 years, and will continue to meet the

109-31 eligibility requirements set forth in this subsection. The

109-32 agreement must bind the successors in interest of the

109-33 business for the specified period.

109-34 (c) The business is registered pursuant to the laws of

109-35 this state or the applicant commits to obtain a valid

109-36 business license and all other permits required by the

109-37 county, city or town in which the business operates.

109-38 (d) Except as otherwise provided in NRS 361.0687, if

109-39 the business is a new business in a county whose

109-40 population is 100,000 or more or a city whose population

109-41 is [50,000] 60,000 or more, the business meets at least two

109-42 of the following requirements:

109-43 (1) The business will have 75 or more full-time

109-44 employees on the payroll of the business by the fourth

109-45 quarter that it is in operation.

110-1 (2) Establishing the business will require the

110-2 business to make a capital investment of at least

110-3 $1,000,000 in this state.

110-4 (3) The average hourly wage that will be paid by

110-5 the new business to its employees in this state is at least

110-6 100 percent of the average statewide hourly wage as

110-7 established by the employment security division of the

110-8 department of employment, training and rehabilitation on

110-9 july 1 of each fiscal year and:

110-10 (I) The business will provide a health insurance

110-11 plan for all employees that includes an option for health

110-12 insurance coverage for dependents of the employees; and

110-13 (II) The cost to the business for the benefits the

110-14 business provides to its employees in this state will meet

110-15 the minimum requirements for benefits established by the

110-16 commission by regulation pursuant to subsection 9.

110-17 (e) Except as otherwise provided in NRS 361.0687, if

110-18 the business is a new business in a county whose

110-19 population is less than 100,000 or a city whose

110-20 population is less than [50,000,] 60,000, the business

110-21 meets at least two of the following requirements:

110-22 (1) The business will have 25 or more full-time

110-23 employees on the payroll of the business by the fourth

110-24 quarter that it is in operation.

110-25 (2) Establishing the business will require the

110-26 business to make a capital investment of at least $250,000

110-27 in this state.

110-28 (3) The average hourly wage that will be paid by

110-29 the new business to its employees in this state is at least

110-30 100 percent of the average statewide hourly wage as

110-31 established by the employment security division of the

110-32 department of employment, training and rehabilitation on

110-33 july 1 of each fiscal year and:

110-34 (I) The business will provide a health insurance

110-35 plan for all employees that includes an option for health

110-36 insurance coverage for dependents of the employees; and

110-37 (II) The cost to the business for the benefits the

110-38 business provides to its employees in this state will meet

110-39 the minimum requirements for benefits established by the

110-40 commission by regulation pursuant to subsection 9.

110-41 (f) If the business is an existing business, the business

110-42 meets at least two of the following requirements:

111-1 (1) The business will increase the number of

111-2 employees on its payroll by 10 percent more than it

111-3 employed in the immediately preceding fiscal year or by

111-4 six employees, whichever is greater.

111-5 (2) The business will expand by making a capital

111-6 investment in this state in an amount equal to at least 20

111-7 percent of the value of the tangible property possessed by

111-8 the business in the immediately preceding fiscal year. The

111-9 determination of the value of the tangible property

111-10 possessed by the business in the immediately preceding

111-11 fiscal year must be made by the:

111-12 (I) County assessor of the county in which the

111-13 business will expand, if the business is locally assessed; or

111-14 (II) Department, if the business is centrally

111-15 assessed.

111-16 (3) The average hourly wage that will be paid by

111-17 the existing business to its new employees in this state is

111-18 at least 100 percent of the average statewide hourly wage

111-19 as established by the employment security division of the

111-20 department of employment, training and rehabilitation on

111-21 July 1 of each fiscal year and:

111-22 (I) The business will provide a health insurance

111-23 plan for all new employees that includes an option for

111-24 health insurance coverage for dependents of the

111-25 employees; and

111-26 (II) The cost to the business for the benefits the

111-27 business provides to its new employees in this state will

111-28 meet the minimum requirements for benefits established

111-29 by the commission by regulation pursuant to subsection 9.

111-30 3. Notwithstanding the provisions of subsection 2,

111-31 the commission on economic development may:

111-32 (a) Approve an application for a partial abatement by a

111-33 business that does not meet the requirements set forth in

111-34 paragraph (d), (e) or (f) of subsection 2;

111-35 (b) Make the requirements set forth in paragraph (d),

111-36 (e) or (f) of subsection 2 more stringent; or

111-37 (c) Add additional requirements that a business must

111-38 meet to qualify for a partial abatement,

111-39 if the commission determines that such action is

111-40 necessary.

111-41 4. If a person submits an application to the

111-42 commission on economic development pursuant to

111-43 subsection 1, the commission shall provide notice to the

111-44 governing body of the county and the city or town, if any,

111-45 in which the person intends to locate or expand a business.

112-1 The notice required pursuant to this subsection must set

112-2 forth the date, time and location of the hearing at which

112-3 the commission will consider the application.

112-4 5. If the commission on economic development

112-5 approves an application for a partial abatement, the

112-6 commission shall immediately forward a certificate of

112-7 eligibility for the abatement to:

112-8 (a) The department;

112-9 (b) The Nevada tax commission; and

112-10 (c) If the partial abatement is from the property tax

112-11 imposed pursuant to chapter 361 of NRS, the county

112-12 treasurer.

112-13 6. An applicant for a partial abatement pursuant to

112-14 this section or an existing business whose partial

112-15 abatement is in effect shall, upon the request of the

112-16 executive director of the commission on economic

112-17 development, furnish the executive director with copies of

112-18 all records necessary to verify that the applicant meets the

112-19 requirements of subsection 2.

112-20 7. If a business whose partial abatement has been

112-21 approved pursuant to this section and is in effect ceases:

112-22 (a) To meet the requirements set forth in subsection 2;

112-23 or

112-24 (b) Operation before the time specified

112-25 in the agreement described in paragraph (b) of

112-26 subsection 2,

112-27 the business shall repay to the department or, if the partial

112-28 abatement was from the property tax imposed pursuant to

112-29 chapter 361 of NRS, to the county treasurer, the amount of

112-30 the exemption that was allowed pursuant to this section

112-31 before the failure of the business to comply unless the

112-32 Nevada tax commission determines that the business has

112-33 substantially complied with the requirements of this

112-34 section. Except as otherwise provided in NRS 360.232 and

112-35 360.320, the business shall, in addition to the amount of

112-36 the exemption required to be paid pursuant to this

112-37 subsection, pay interest on the amount due at the rate most

112-38 recently established pursuant to NRS 99.040 for each

112-39 month, or portion thereof, from the last day of the month

112-40 following the period for which the payment would have

112-41 been made had the partial abatement not been approved

112-42 until the date of payment of the tax.

112-43 8. A county treasurer:

112-44 (a) Shall deposit any money that he receives pursuant

112-45 to subsection 7 in one or more of the funds established by

113-1 a local government of the county pursuant to NRS

113-2 354.6113 or 354.6115; and

113-3 (b) May use the money deposited pursuant to

113-4 paragraph (a) only for the purposes authorized by NRS

113-5 354.6113 and 354.6115.

113-6 9. The commission on economic development:

113-7 (a) Shall adopt regulations relating to:

113-8 (1) The minimum level of benefits that a business

113-9 must provide to its employees if the business is going to

113-10 use benefits paid to employees as a basis to qualify for a

113-11 partial abatement; and

113-12 (2) The notice that must be provided pursuant to

113-13 subsection 4.

113-14 (b) May adopt such other regulations as the

113-15 commission on economic development determines to be

113-16 necessary to carry out the provisions of this section.

113-17 10. The Nevada tax commission:

113-18 (a) Shall adopt regulations regarding:

113-19 (1) The capital investment that a new business must

113-20 make to meet the requirement set forth in paragraph (d) or

113-21 (e) of subsection 2; and

113-22 (2) Any security that a business is required to post

113-23 to qualify for a partial abatement pursuant to this section.

113-24 (b) May adopt such other regulations as the Nevada

113-25 tax commission determines to be necessary to carry out

113-26 the provisions of this section.

113-27 11. An applicant for an abatement who is aggrieved

113-28 by a final decision of the commission on economic

113-29 development may petition for judicial review in the

113-30 manner provided in chapter 233B of NRS.

113-31 Sec. 62. 1. This section and sections 1, 3, 5 to 13,

113-32 inclusive, 15 to 18, inclusive, 20 , [and] 22 to 30,

113-33 inclusive, and 32 to 61, inclusive, of this act become

113-34 effective on July 1, 2001.

113-35 2. Sections 4, 14, 19 , [and] 21 and 31 of this act

113-36 become effective at 12:01 a.m. on July 1, 2001.

113-37 Sec. 67.5. Sections 33, 58 and 60 of chapter 456,

113-38 Statutes of Nevada 2001, at pages 2318 and 2338, are hereby

113-39 amended to read respectively as follows:

113-40 Sec. 33. NRS 354.475 is hereby amended to read as

113-41 follows:

113-42 354.475 1. All special districts subject to the

113-43 provisions of the Local Government Budget and Finance

113-44 Act with annual total expenditures of less than $200,000

113-45 may petition the department of taxation for exemption

114-1 from the requirements of the Local Government Budget

114-2 and Finance Act for the filing of certain budget documents

114-3 and audit reports. Such districts may further petition to use

114-4 a cash basis of accounting. The minimum required of such

114-5 districts is the filing with the department of taxation of an

114-6 annual budget on or before April 15 of each year and the

114-7 filing of fiscal reports in accordance with section 1 of

114-8 Senate Bill No. 125 of this session. Such petitions must be

114-9 received by the department of taxation on or before April

114-10 15 to be effective for the succeeding fiscal year or, in a

114-11 case of an annual audit exemption, to be effective for the

114-12 current fiscal year. A board of county commissioners may

114-13 request the department of taxation to audit the financial

114-14 records of such an exempt district.

114-15 2. Such districts are exempt from all publication

114-16 requirements of the Local Government Budget and

114-17 Finance Act, except that the department of taxation by

114-18 regulation shall require an annual publication of a notice

114-19 of budget adoption and filing. The [department of

114-20 taxation] committee on local government finance shall

114-21 adopt regulations pursuant to NRS 354.594 which are

114-22 necessary to carry out the purposes of this section.

114-23 3. The revenue recorded in accounts that are kept on

114-24 a cash basis must consist of cash items.

114-25 4. As used in this section, “cash basis” means the

114-26 system of accounting under which revenues are recorded

114-27 only when received and expenditures or expenses are

114-28 recorded only when paid.

114-29 Sec. 58. NRS 350.085 [, NRS 354.5235, 354.6107

114-30 and 354.611] and 354.5235 are hereby repealed.

114-31 Sec. 60. 1. This section and sections 48 and 59.5 of

114-32 this act become effective upon passage and approval.

114-33 2. Sections 1 to 22, inclusive, 24 to [35, inclusive, 41,

114-34 42, 46,] 32, inclusive, 34, 35, 49 to 52, inclusive, and 55

114-35 to 59, inclusive, of this act become effective on July 1,

114-36 2001.

114-37 3. Sections 36, 38, 39, 40, 43, 44, 47, 53 and 54 of

114-38 this act become effective at 12:01 a.m. on July 1, 2001.

114-39 4. Sections 23, 33, 37 and 45 of this act become

114-40 effective at 12:02 a.m. on July 1, 2001.

114-41 5. Section 48 of this act expires by limitation on

114-42 July 1, 2003.

115-1 Sec. 54. Sections 10, 14 and 20 of chapter 381, Statutes of

115-2 Nevada 2001, at pages 1846, 1848 and 1851, respectively, are

115-3 hereby amended to read respectively as follows:

115-4 Sec. 10. NRS 432B.530 is hereby amended to read as

115-5 follows:

115-6 432B.530 1. An adjudicatory hearing must be held

115-7 within 30 days after the filing of the petition, unless good

115-8 cause is shown or the hearing has been continued until a later

115-9 date pursuant to section 2 of [this act.] Assembly Bill No. 429

115-10 of this session.

115-11 2. At the hearing, the court shall inform the parties of the

115-12 specific allegations in the petition and give them an

115-13 opportunity to admit or deny them. If the allegations are

115-14 denied, the court shall hear evidence on the petition.

115-15 3. In adjudicatory hearings , all relevant and material

115-16 evidence helpful in determining the questions presented,

115-17 including oral and written reports, may be received by the

115-18 court and may be relied upon to the extent of its probative

115-19 value. The parties or their attorney must be afforded an

115-20 opportunity to examine and controvert written reports so

115-21 received and to cross-examine individuals making reports

115-22 when reasonably available.

115-23 4. The court may require the child to be present in court

115-24 at the hearing.

115-25 5. If the court finds by a preponderance of the evidence

115-26 that the child [is] was in need of protection [,] at the time of

115-27 his removal from his home, it shall record its findings of fact

115-28 and may proceed immediately or at another hearing held

115-29 within 15 working days, to make a proper disposition of the

115-30 case. If the court finds that the allegations in the petition have

115-31 not been established, it shall dismiss the petition and, if the

115-32 child is in protective custody, order the immediate release of

115-33 the child.

115-34 Sec. 14. NRS 432B.590 is hereby amended to read as

115-35 follows:

115-36 432B.590 1. Except as otherwise provided in [NRS

115-37 432B.600 and] section 2 of [this act,] Assembly Bill No. 429

115-38 of this session, the court shall hold a hearing concerning the

115-39 permanent placement of a child:

115-40 (a) Not later than 12 months after the initial removal of

115-41 the child from his home and annually thereafter.

115-42 (b) Within 30 days after making any of the findings set

115-43 forth in subsection 3 of NRS 432B.393.

116-1 Notice of this hearing must be given by registered or certified

116-2 mail to all the persons to whom notice must be given pursuant

116-3 to subsection 4 of NRS 432B.580.

116-4 2. The court may require the presence of the child at the

116-5 hearing and shall provide to each person to whom notice was

116-6 given pursuant to subsection 1 an opportunity to be heard at

116-7 the hearing.

116-8 3. At the hearing, the court shall [establish a] review any

116-9 plan for the permanent placement of the child adopted

116-10 pursuant to section 2 of this act and determine : [whether:]

116-11 (a) Whether the agency with legal custody of the child

116-12 has made the reasonable efforts required by subsection 1 of

116-13 section 2 of this act; and

116-14 (b) Whether, and if applicable when:

116-15 (1) The child should be returned to his parents or

116-16 placed with other relatives;

116-17 [(b) The child’s placement in the foster home or other

116-18 similar institution should be continued; or

116-19 (c)] (2) It is in the best interests of the child to initiate

116-20 proceedings to:

116-21 [(1)] (I) Terminate parental rights pursuant to chapter

116-22 128 of NRS so that the child can be placed for adoption; or

116-23 [(2)] (II) Establish a guardianship pursuant to chapter

116-24 159 of NRS [.] ; or

116-25 (3) The agency with legal custody of the child has

116-26 produced documentation of its conclusion that there is a

116-27 compelling reason for the placement of the child in another

116-28 permanent living arrangement.

116-29 The court shall prepare an explicit statement of the facts

116-30 upon which each of its determinations is based. If the court

116-31 determines that it is in the best interests of the child to

116-32 terminate parental rights, the court shall use its best efforts to

116-33 ensure that the procedures required by chapter 128 of NRS

116-34 are completed within 6 months after the date the court makes

116-35 that determination, including, without limitation, appointing a

116-36 private attorney to expedite the completion of the procedures.

116-37 The provisions of this subsection do not limit the

116-38 jurisdiction of the court to review any decisions of the

116-39 agency with legal custody of the child regarding the

116-40 permanent placement of the child.

116-41 4. If a child has been placed outside of his home and has

116-42 resided outside of his home pursuant to that placement for 14

116-43 months of any 20 consecutive months, the best interests of the

116-44 child must be presumed to be served by the termination of

116-45 parental rights.

117-1 5. This hearing may take the place of the hearing for

117-2 review required by NRS 432B.580.

117-3 6. The provision of notice and an opportunity to be

117-4 heard pursuant to this section does not cause any person

117-5 planning to adopt the child, or any relative or provider of

117-6 foster care to become a party to the hearing.

117-7 Sec. 20. 1. This section and sections 16 and 17 of this

117-8 act and subsection 1 of section 19 of this act become effective

117-9 upon passage and approval.

117-10 2. Sections 1 to 4, inclusive, 6 to [15,] 9, inclusive, 11,

117-11 12, 13, 15 and 18 of this act and subsection 2 of section 19 of

117-12 this act become effective on July 1, 2001.

117-13 3. Sections 10 and 14 of this act become effective at

117-14 12:01 a.m. on July 1, 2001.

117-15 4. Section 5 of this act becomes effective at 12:03 a.m.

117-16 on July 1, 2001.

117-17 Sec. 55. 1. Sections 5, 6, 10 and 12 of chapter 384, Statutes

117-18 of Nevada 2001, at pages 1860 and 1863, are hereby amended to

117-19 read respectively as follows:

117-20 Sec. 5. NRS 482.216 is hereby amended to read as

117-21 follows:

117-22 482.216 1. Upon the request of a new vehicle dealer,

117-23 the department may authorize the new vehicle dealer to:

117-24 (a) Accept applications for the registration of the new

117-25 motor vehicles he sells and the related fees and taxes;

117-26 (b) Issue certificates of registration to applicants who

117-27 satisfy the requirements of this chapter; and

117-28 (c) Accept applications for the transfer of registration

117-29 pursuant to NRS 482.399 if the applicant purchased from the

117-30 new vehicle dealer a new vehicle to which the registration is

117-31 to be transferred.

117-32 2. A new vehicle dealer who is authorized to issue

117-33 certificates of registration pursuant to subsection 1 shall:

117-34 (a) Transmit the applications he receives to the

117-35 department within the period prescribed by the department;

117-36 (b) Transmit the fees he collects from the applicants and

117-37 properly account for them within the period prescribed by the

117-38 department;

117-39 (c) Comply with the regulations adopted pursuant to

117-40 subsection 4; and

117-41 (d) Bear any cost of equipment which is necessary to

117-42 issue certificates of registration, including any computer

117-43 hardware or software.

117-44 3. A new vehicle dealer who is authorized to issue

117-45 certificates of registration pursuant to subsection 1 shall not:

118-1 (a) Charge any additional fee for the performance of those

118-2 services;

118-3 (b) Receive compensation from the department for the

118-4 performance of those services;

118-5 (c) Accept applications for the renewal of registration of a

118-6 motor vehicle; or

118-7 (d) Accept an application for the registration of a motor

118-8 vehicle if the applicant wishes to:

118-9 (1) Obtain special license plates pursuant to NRS

118-10 482.3667 to 482.3825, inclusive [;] , and sections 2, 3 and 4

118-11 of this act; or

118-12 (2) Claim the exemption from the governmental

118-13 services tax provided pursuant to NRS 361.1565 to veterans

118-14 and their relations.

118-15 4. The director shall adopt such regulations as are

118-16 necessary to carry out the provisions of this section. The

118-17 regulations adopted pursuant to this subsection must provide

118-18 for:

118-19 (a) The expedient and secure issuance of license plates

118-20 and decals by the department; and

118-21 (b) The withdrawal of the authority granted to a new

118-22 vehicle dealer pursuant to subsection 1 if that dealer fails to

118-23 comply with the regulations adopted by the department.

118-24 Sec. 6. NRS 482.500 is hereby amended to read as

118-25 follows:

118-26 482.500 1. Except as otherwise provided in subsection

118-27 2 or 3, whenever upon application any duplicate or substitute

118-28 certificate of registration, decal or number plate is issued, the

118-29 following fees must be paid:

118-30 For a certificate of registration $5.00

118-31 For every substitute number plate or set of

118-32 plates 5.00

118-33 For every duplicate number plate or set of

118-34 plates 10.00

118-35 For every decal displaying a county name .50

118-36 For every other decal, license plate sticker or

118-37 tab 5.00

118-38 2. The following fees must be paid for any replacement

118-39 plate or set of plates issued for the following special license

118-40 plates:

118-41 (a) For any special plate issued pursuant to NRS

118-42 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive,

119-1 or 482.379 to 482.3816, inclusive, and sections 2, 3 and 4 of

119-2 this act, a fee of $10.

119-3 (b) For any special plate issued pursuant to NRS 482.368,

119-4 482.3765, 482.377 or 482.378, a fee of $5.

119-5 (c) For any souvenir license plate issued pursuant to NRS

119-6 482.3825 or sample license plate issued pursuant to NRS

119-7 482.2703, a fee equal to that established by the director for

119-8 the issuance of those plates.

119-9 3. A fee must not be charged for a duplicate or substitute

119-10 of a decal issued pursuant to NRS 482.37635.

119-11 4. The fees which are paid for duplicate number plates

119-12 and decals displaying county names must be deposited with

119-13 the state treasurer for credit to the motor vehicle fund and

119-14 allocated to the department to defray the costs of duplicating

119-15 the plates and manufacturing the decals.

119-16 5. As used in this section:

119-17 (a) “Duplicate number plate” means a license plate or a

119-18 set of license plates issued to a registered owner which repeat

119-19 the code of a plate or set of plates previously issued to the

119-20 owner to maintain his registration using the same code.

119-21 (b) “Substitute number plate” means a license plate or a

119-22 set of license plates issued in place of a previously issued and

119-23 unexpired plate or set of plates. The plate or set of plates does

119-24 not repeat the code of the previously issued plate or set.

119-25 Sec. 10. 1. The amendatory provisions of section 2 of

119-26 this act and the references to that section set forth in

119-27 sections 5 and 6 of this act expire by limitation on October 1,

119-28 2005, if on that date the department of motor vehicles and

119-29 public safety has received fewer than 250 applications for the

119-30 issuance of license plates pursuant to the provisions of section

119-31 2 of this act.

119-32 2. The amendatory provisions of section 3 of this act

119-33 and the references to that section set forth in sections 5 and

119-34 6 of this act expire by limitation on October 1, 2005, if on

119-35 that date the department of motor vehicles and public safety

119-36 has received fewer than 250 applications for the issuance of

119-37 license plates pursuant to the provisions of section 3 of this

119-38 act.

119-39 3. The amendatory provisions of section 4 of this act

119-40 and the references to that section set forth in sections 5 and

119-41 6 of this act expire by limitation on October 1, 2005, if on

119-42 that date the department of motor vehicles and public safety

119-43 has received fewer than 250 applications for the issuance of

119-44 license plates pursuant to the provisions of section 4 of this

119-45 act.

120-1 Sec. 12. 1. This section and sections 5.5 and 8.1 to

120-2 8.9, inclusive, of this act become effective on June 30, 2001.

120-3 2. Sections 7, 8 and 11 of this act become effective on

120-4 July 1, 2001.

120-5 [2.] 3. Sections 1 to 4, inclusive, 9 and 10 of this act

120-6 become effective on October 1, 2001.

120-7 [3.] 4. Sections 5 and 6 of this act become effective at

120-8 12:01 a.m. on October 1, 2001.

120-9 2. Chapter 384, Statutes of Nevada 2001, at page 1860, is

120-10 hereby amended by adding thereto a new section to be designated as

120-11 section 5.5, immediately following section 5, to read as follows:

120-12 Sec. 5.5. NRS 482.500 is hereby amended to read as

120-13 follows:

120-14 482.500 1. Except as otherwise provided in subsection

120-15 2 or 3, whenever upon application any duplicate or substitute

120-16 certificate of registration, decal or number plate is issued, the

120-17 following fees must be paid:

120-18 For a certificate of registration $5.00

120-19 For every substitute number plate or set of

120-20 plates 5.00

120-21 For every duplicate number plate or set of

120-22 plates 10.00

120-23 For every decal displaying a county name .50

120-24 For every other decal, license plate sticker or

120-25 tab 5.00

120-26 2. The following fees must be paid for any replacement

120-27 plate or set of plates issued for the following special license

120-28 plates:

120-29 (a) For any special plate issued pursuant to NRS

120-30 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive,

120-31 or 482.379 to 482.3816, inclusive, a fee of $10.

120-32 (b) For any special plate issued pursuant to NRS 482.368,

120-33 482.3765, 482.377 or 482.378, a fee of $5.

120-34 (c) For any souvenir license plate issued pursuant to NRS

120-35 482.3825 or sample license plate issued pursuant to NRS

120-36 482.2703, a fee equal to that established by the director for

120-37 the issuance of those plates.

120-38 3. A fee must not be charged for a duplicate or substitute

120-39 of a decal [requested] issued pursuant to NRS 482.37635.

120-40 4. The fees which are paid for duplicate number plates

120-41 and decals displaying county names must be deposited with

120-42 the state treasurer for credit to the motor vehicle fund and

121-1 allocated to the department to defray the costs of duplicating

121-2 the plates and manufacturing the decals.

121-3 5. As used in this section:

121-4 (a) “Duplicate number plate” means a license plate or a

121-5 set of license plates issued to a registered owner which repeat

121-6 the code of a plate or set of plates previously issued to the

121-7 owner to maintain his registration using the same code.

121-8 (b) “Substitute number plate” means a license plate or a

121-9 set of license plates issued in place of a previously issued and

121-10 unexpired plate or set of plates. The plate or set of plates does

121-11 not repeat the code of the previously issued plate or set.

121-12 3. Chapter 384, Statutes of Nevada 2001, at page 1863, is

121-13 hereby amended by adding thereto new sections to be designated as

121-14 sections 8.1 to 8.9, inclusive, immediately following section 8, to

121-15 read respectively as follows:

121-16 Sec. 8.1. Section 3 of chapter 96, Statutes of Nevada

121-17 2001, at page 579, is hereby amended to read as follows:

121-18 Sec. 3. NRS 482.500 is hereby amended to read as

121-19 follows:

121-20 482.500 1. Except as otherwise provided in

121-21 subsection 2 or 3, whenever upon application any

121-22 duplicate or substitute certificate of registration, decal or

121-23 number plate is issued, the following fees must be paid:

121-24 For a certificate of registration $5.00

121-25 For every substitute number plate or set of

121-26 plates 5.00

121-27 For every duplicate number plate or set of

121-28 plates 10.00

121-29 For every decal displaying a county name .50

121-30 For every other decal, license plate sticker

121-31 or tab 5.00

121-32 2. The following fees must be paid for any

121-33 replacement plate or set of plates issued for the following

121-34 special license plates:

121-35 (a) For any special plate issued pursuant to NRS

121-36 482.3667, 482.3672, 482.3675, 482.370 to 482.376,

121-37 inclusive, or 482.379 to 482.3816, inclusive, and section 1

121-38 of this act, a fee of $10.

121-39 (b) For any special plate issued pursuant to NRS

121-40 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

121-41 (c) For any souvenir license plate issued pursuant to

121-42 NRS 482.3825 or sample license plate issued pursuant to

122-1 NRS 482.2703, a fee equal to that established by the

122-2 director for the issuance of those plates.

122-3 3. A fee must not be charged for a duplicate or

122-4 substitute of a decal issued pursuant to NRS 482.37635.

122-5 4. The fees which are paid for duplicate number

122-6 plates and decals displaying county names must be

122-7 deposited with the state treasurer for credit to the motor

122-8 vehicle fund and allocated to the department to defray the

122-9 costs of duplicating the plates and manufacturing the

122-10 decals.

122-11 5. As used in this section:

122-12 (a) “Duplicate number plate” means a license plate or

122-13 a set of license plates issued to a registered owner which

122-14 repeat the code of a plate or set of plates previously issued

122-15 to the owner to maintain his registration using the same

122-16 code.

122-17 (b) “Substitute number plate” means a license plate or

122-18 a set of license plates issued in place of a previously

122-19 issued and unexpired plate or set of plates. The plate or set

122-20 of plates does not repeat the code of the previously issued

122-21 plate or set.

122-22 Sec. 8.2. Section 4 of chapter 99, Statutes of Nevada

122-23 2001, at page 586, is hereby amended to read as follows:

122-24 Sec. 4. NRS 482.500 is hereby amended to read as

122-25 follows:

122-26 482.500 1. Except as otherwise provided in

122-27 subsection 2 or 3, whenever upon application any

122-28 duplicate or substitute certificate of registration, decal or

122-29 number plate is issued, the following fees must be paid:

122-30 For a certificate of registration $5.00

122-31 For every substitute number plate or set of

122-32 plates 5.00

122-33 For every duplicate number plate or set of

122-34 plates 10.00

122-35 For every decal displaying a county name .50

122-36 For every other decal, license plate sticker

122-37 or tab 5.00

122-38 2. The following fees must be paid for any

122-39 replacement plate or set of plates issued for the following

122-40 special license plates:

122-41 (a) For any special plate issued pursuant to NRS

122-42 482.3667, 482.3672, 482.3675, 482.370 to 482.376,

123-1 inclusive, or 482.379 to 482.3816, inclusive, and section 1

123-2 of this act, a fee of $10.

123-3 (b) For any special plate issued pursuant to NRS

123-4 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

123-5 (c) [For] Except as otherwise provided in section 1 of

123-6 this act, for any souvenir license plate issued pursuant to

123-7 NRS 482.3825 or sample license plate issued pursuant to

123-8 NRS 482.2703, a fee equal to that established by the

123-9 director for the issuance of those plates.

123-10 3. A fee must not be charged for a duplicate or

123-11 substitute of a decal issued pursuant to NRS 482.37635.

123-12 4. The fees which are paid for duplicate number

123-13 plates and decals displaying county names must be

123-14 deposited with the state treasurer for credit to the motor

123-15 vehicle fund and allocated to the department to defray the

123-16 costs of duplicating the plates and manufacturing the

123-17 decals.

123-18 5. As used in this section:

123-19 (a) “Duplicate number plate” means a license plate or

123-20 a set of license plates issued to a registered owner which

123-21 repeat the code of a plate or set of plates previously issued

123-22 to the owner to maintain his registration using the same

123-23 code.

123-24 (b) “Substitute number plate” means a license plate or

123-25 a set of license plates issued in place of a previously

123-26 issued and unexpired plate or set of plates. The plate or set

123-27 of plates does not repeat the code of the previously issued

123-28 plate or set.

123-29 Sec. 8.3. Sections 3 and 6 of chapter 316, Statutes of

123-30 Nevada 2001, at pages 1467 and 1470, respectively, are

123-31 hereby amended to read respectively as follows:

123-32 Sec. 3. NRS 482.500 is hereby amended to read as

123-33 follows:

123-34 482.500 1. Except as otherwise provided in

123-35 subsection 2 or 3, whenever upon application any

123-36 duplicate or substitute certificate of registration, decal or

123-37 number plate is issued, the following fees must be paid:

123-38 For a certificate of registration $5.00

123-39 For every substitute number plate or set of

123-40 plates 5.00

123-41 For every duplicate number plate or set of

123-42 plates 10.00

123-43 For every decal displaying a county name .50

124-1 For every other decal, license plate sticker

124-2 or tab 5.00

124-3 2. The following fees must be paid for any

124-4 replacement plate or set of plates issued for the following

124-5 special license plates:

124-6 (a) For any special plate issued pursuant to NRS

124-7 482.3667, 482.3672, 482.3675, 482.370 to 482.376,

124-8 inclusive, or 482.379 to 482.3816, inclusive, and section 1

124-9 of this act, a fee of $10.

124-10 (b) For any special plate issued pursuant to NRS

124-11 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

124-12 (c) For any souvenir license plate issued pursuant to

124-13 NRS 482.3825 or sample license plate issued pursuant to

124-14 NRS 482.2703, a fee equal to that established by the

124-15 director for the issuance of those plates.

124-16 3. A fee must not be charged for a duplicate or

124-17 substitute of a decal issued pursuant to NRS 482.37635.

124-18 4. The fees which are paid for duplicate number

124-19 plates and decals displaying county names must be

124-20 deposited with the state treasurer for credit to the motor

124-21 vehicle fund and allocated to the department to defray the

124-22 costs of duplicating the plates and manufacturing the

124-23 decals.

124-24 5. As used in this section:

124-25 (a) “Duplicate number plate” means a license plate or

124-26 a set of license plates issued to a registered owner which

124-27 repeat the code of a plate or set of plates previously issued

124-28 to the owner to maintain his registration using the same

124-29 code.

124-30 (b) “Substitute number plate” means a license plate or

124-31 a set of license plates issued in place of a previously

124-32 issued and unexpired plate or set of plates. The plate or set

124-33 of plates does not repeat the code of the previously issued

124-34 plate or set.

124-35 Sec. 6. 1. This section and sections 1, 3 and 5 of

124-36 this act become effective on July 1, 2001.

124-37 2. Section 2 of this act becomes effective at 12:01

124-38 a.m. on July 1, 2001.

124-39 3. [Section 4 of this act becomes effective at 12:02

124-40 a.m. on July 1, 2001.

124-41 4.] The amendatory provisions of this act expire by

124-42 limitation on July 1, 2005, if on that date the department

124-43 of motor vehicles and public safety has received fewer

125-1 than 250 applicants for the issuance of license plates

125-2 pursuant to section 1 of this act.

125-3 Sec. 8.4. Sections 4 and 8 of chapter 324, Statutes of

125-4 Nevada 2001, at pages 1512 and 1515, respectively, are

125-5 hereby amended to read respectively as follows:

125-6 Sec. 4. NRS 482.500 is hereby amended to read as

125-7 follows:

125-8 482.500 1. Except as otherwise provided in

125-9 subsection 2 or 3, whenever upon application any

125-10 duplicate or substitute certificate of registration, decal or

125-11 number plate is issued, the following fees must be paid:

125-12 For a certificate of registration $5.00

125-13 For every substitute number plate or set of

125-14 plates 5.00

125-15 For every duplicate number plate or set of

125-16 plates 10.00

125-17 For every decal displaying a county name .50

125-18 For every other decal, license plate sticker

125-19 or tab 5.00

125-20 2. The following fees must be paid for any

125-21 replacement plate or set of plates issued for the following

125-22 special license plates:

125-23 (a) For any special plate issued pursuant to NRS

125-24 482.3667, 482.3672, 482.3675, 482.370 to 482.376,

125-25 inclusive, and section 1 of this act, or 482.379 to

125-26 482.3816, inclusive, a fee of $10.

125-27 (b) For any special plate issued pursuant to NRS

125-28 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

125-29 (c) For any souvenir license plate issued pursuant to

125-30 NRS 482.3825 or sample license plate issued pursuant to

125-31 NRS 482.2703, a fee equal to that established by the

125-32 director for the issuance of those plates.

125-33 3. A fee must not be charged for a duplicate or

125-34 substitute of a decal issued pursuant to NRS 482.37635.

125-35 4. The fees which are paid for duplicate number

125-36 plates and decals displaying county names must be

125-37 deposited with the state treasurer for credit to the motor

125-38 vehicle fund and allocated to the department to defray the

125-39 costs of duplicating the plates and manufacturing the

125-40 decals.

125-41 5. As used in this section:

125-42 (a) “Duplicate number plate” means a license plate or

125-43 a set of license plates issued to a registered owner which

126-1 repeat the code of a plate or set of plates previously issued

126-2 to the owner to maintain his registration using the same

126-3 code.

126-4 (b) “Substitute number plate” means a license plate or

126-5 a set of license plates issued in place of a previously

126-6 issued and unexpired plate or set of plates. The plate or set

126-7 of plates does not repeat the code of the previously issued

126-8 plate or set.

126-9 Sec. 8. 1. This section and sections 1 [and 4 to 7,

126-10 inclusive,] , 6 and 7 of this act become effective on July 1,

126-11 2001.

126-12 2. Sections [2 and] 3 and 4 of this act become

126-13 effective at 12:01 a.m. on July 1, 2001.

126-14 3. Section 2 of this act becomes effective at 12:02

126-15 a.m. on July 1, 2001.

126-16 4. The amendatory provisions of sections 1, 2 and 4

126-17 of this act expire by limitation on July 1, 2005, if on that

126-18 date the department of motor vehicles and public safety

126-19 has received fewer than 250 applications for the issuance

126-20 of license plates pursuant to section 1 of this act.

126-21 Sec. 8.5. Sections 4, 6, 7 and 9 of chapter 355, Statutes

126-22 of Nevada 2001, at pages 1675, 1676, 1677 and 1679,

126-23 respectively, are hereby amended to read respectively as

126-24 follows:

126-25 Sec. 4. NRS 482.216 is hereby amended to read as

126-26 follows:

126-27 482.216 1. Upon the request of a new vehicle

126-28 dealer, the department may authorize the new vehicle

126-29 dealer to:

126-30 (a) Accept applications for the registration of the new

126-31 motor vehicles he sells and the related fees and taxes;

126-32 (b) Issue certificates of registration to applicants who

126-33 satisfy the requirements of this chapter; and

126-34 (c) Accept applications for the transfer of registration

126-35 pursuant to NRS 482.399 if the applicant purchased from

126-36 the new vehicle dealer a new vehicle to which the

126-37 registration is to be transferred.

126-38 2. A new vehicle dealer who is authorized to issue

126-39 certificates of registration pursuant to subsection 1 shall:

126-40 (a) Transmit the applications he receives to the

126-41 department within the period prescribed by the

126-42 department;

126-43 (b) Transmit the fees he collects from the applicants

126-44 and properly account for them within the period

126-45 prescribed by the department;

127-1 (c) Comply with the regulations adopted pursuant to

127-2 subsection 4; and

127-3 (d) Bear any cost of equipment which is necessary to

127-4 issue certificates of registration, including any computer

127-5 hardware or software.

127-6 3. A new vehicle dealer who is authorized to issue

127-7 certificates of registration pursuant to subsection 1 shall

127-8 not:

127-9 (a) Charge any additional fee for the performance of

127-10 those services;

127-11 (b) Receive compensation from the department for the

127-12 performance of those services;

127-13 (c) Accept applications for the renewal of registration

127-14 of a motor vehicle; or

127-15 (d) Accept an application for the registration of a

127-16 motor vehicle if the applicant wishes to:

127-17 (1) Obtain special license plates pursuant to NRS

127-18 482.3667 to 482.3825, inclusive [;] , and section 3 of this

127-19 act; or

127-20 (2) Claim the exemption from the governmental

127-21 services tax provided pursuant to NRS 361.1565 to

127-22 veterans and their relations.

127-23 4. The director shall adopt such regulations as are

127-24 necessary to carry out the provisions of this section. The

127-25 regulations adopted pursuant to this subsection must

127-26 provide for:

127-27 (a) The expedient and secure issuance of license plates

127-28 and decals by the department; and

127-29 (b) The withdrawal of the authority granted to a new

127-30 vehicle dealer pursuant to subsection 1 if that dealer fails

127-31 to comply with the regulations adopted by the department.

127-32 Sec. 6. NRS 482.500 is hereby amended to read as

127-33 follows:

127-34 482.500 1. Except as otherwise provided in

127-35 subsection 2 or 3, whenever upon application any

127-36 duplicate or substitute certificate of registration, decal or

127-37 number plate is issued, the following fees must be paid:

127-38 For a certificate of registration $5.00

127-39 For every substitute number plate or set of

127-40 plates 5.00

127-41 For every duplicate number plate or set of

127-42 plates 10.00

127-43 For every decal displaying a county name .50

128-1 For every other decal, license plate sticker

128-2 or tab 5.00

128-3 2. The following fees must be paid for any

128-4 replacement plate or set of plates issued for the following

128-5 special license plates:

128-6 (a) For any special plate issued pursuant to NRS

128-7 482.3667, 482.3672, 482.3675, 482.370 to 482.376,

128-8 inclusive, or 482.379 to 482.3816, inclusive, and section 2

128-9 of this act, a fee of $10.

128-10 (b) For any special plate issued pursuant to NRS

128-11 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

128-12 (c) [For] Except as otherwise provided in section 2 of

128-13 this act, for any souvenir license plate issued pursuant to

128-14 NRS 482.3825 or sample license plate issued pursuant to

128-15 NRS 482.2703, a fee equal to that established by the

128-16 director for the issuance of those plates.

128-17 3. A fee must not be charged for a duplicate or

128-18 substitute of a decal issued pursuant to NRS 482.37635.

128-19 4. The fees which are paid for duplicate number

128-20 plates and decals displaying county names must be

128-21 deposited with the state treasurer for credit to the motor

128-22 vehicle fund and allocated to the department to defray the

128-23 costs of duplicating the plates and manufacturing the

128-24 decals.

128-25 5. As used in this section:

128-26 (a) “Duplicate number plate” means a license plate or

128-27 a set of license plates issued to a registered owner which

128-28 repeat the code of a plate or set of plates previously issued

128-29 to the owner to maintain his registration using the same

128-30 code.

128-31 (b) “Substitute number plate” means a license plate or

128-32 a set of license plates issued in place of a previously

128-33 issued and unexpired plate or set of plates. The plate or set

128-34 of plates does not repeat the code of the previously issued

128-35 plate or set.

128-36 Sec. 7. [Sections 2, 4 and 7] Section 4 of Senate Bill

128-37 No. 77 of this session [are] is hereby amended to read as

128-38 follows:

128-39 Sec. 4. NRS 482.500 is hereby amended to read

128-40 as follows:

128-41 482.500 1. Except as otherwise provided in

128-42 subsection 2 or 3, whenever upon application any

128-43 duplicate or substitute certificate of registration, decal

129-1 or number plate is issued, the following fees must be

129-2 paid:

129-3 For a certificate of registration $5.00

129-4 For every substitute number plate or set

129-5 of plates 5.00

129-6 For every duplicate number plate or set

129-7 of plates 10.00

129-8 For every decal displaying a county

129-9 name .50

129-10 For every other decal, license plate

129-11 sticker or tab 5.00

129-12 2. The following fees must be paid for any

129-13 replacement plate or set of plates issued for the

129-14 following special license plates:

129-15 (a) For any special plate issued pursuant to NRS

129-16 482.3667, 482.3672, 482.3675, 482.370 to 482.376,

129-17 inclusive, or 482.379 to 482.3816, inclusive, [and]

129-18 section 2 of [this act,] Assembly Bill No. 113 of this

129-19 session and section 1 of this act, a fee of $10.

129-20 (b) For any special plate issued pursuant to NRS

129-21 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

129-22 (c) Except as otherwise provided in section 2 of

129-23 [this act,] Assembly Bill No. 113 of this session and

129-24 section 1 of this act, for any souvenir license plate

129-25 issued pursuant to NRS 482.3825 or sample license

129-26 plate issued pursuant to NRS 482.2703, a fee equal to

129-27 that established by the director for the issuance of those

129-28 plates.

129-29 3. A fee must not be charged for a duplicate or

129-30 substitute of a decal issued pursuant to

129-31 NRS 482.37635.

129-32 4. The fees which are paid for duplicate number

129-33 plates and decals displaying county names must be

129-34 deposited with the state treasurer for credit to the motor

129-35 vehicle fund and allocated to the department to defray

129-36 the costs of duplicating the plates and manufacturing

129-37 the decals.

129-38 5. As used in this section:

129-39 (a) “Duplicate number plate” means a license plate

129-40 or a set of license plates issued to a registered owner

129-41 which repeat the code of a plate or set of plates

129-42 previously issued to the owner to maintain his

129-43 registration using the same code.

130-1 (b) “Substitute number plate” means a license plate

130-2 or a set of license plates issued in place of a previously

130-3 issued and unexpired plate or set of plates. The plate or

130-4 set of plates does not repeat the code of the previously

130-5 issued plate or set.

130-6 Sec. 9. 1. This section and sections 7 and 7.5 of

130-7 this act become effective on September 30, 2001.

130-8 2. Sections 1, 2, 3, 5 [, 7] and 8 of this act become

130-9 effective on October 1, 2001.

130-10 [2.] 3. Sections 3.5 and 5.5 of this act become

130-11 effective at 12:02 a.m. on October 1, 2001.

130-12 4. Sections 4 and 6 of this act become effective at

130-13 [12:02] 12:03 a.m. on October 1, 2001.

130-14 [3.] 5. The amendatory provisions of sections 2, 3.5,

130-15 5 , [and] 6 and 7 of this act expire by limitation on

130-16 October 1, 2005, if on that date the department of motor

130-17 vehicles and public safety has received fewer than 250

130-18 applications for the issuance of license plates pursuant to

130-19 section 2 of this act.

130-20 [4.] 6. The amendatory provisions of [section]

130-21 sections 3 , 4 and 5.5 of this act expire by limitation on

130-22 October 1, 2005, if on that date the department of motor

130-23 vehicles and public safety has received fewer than 250

130-24 applications for the issuance of license plates pursuant to

130-25 section 3 of this act.

130-26 Sec. 8.6. Chapter 355, Statutes of Nevada 2001, at page

130-27 1675, is hereby amended by adding thereto a new section to

130-28 be designated as section 3.5, immediately following section 3,

130-29 to read as follows:

130-30 Sec. 3.5. NRS 482.216 is hereby amended to read as

130-31 follows:

130-32 482.216 1. Upon the request of a new vehicle

130-33 dealer, the department may authorize the new vehicle

130-34 dealer to:

130-35 (a) Accept applications for the registration of the new

130-36 motor vehicles he sells and the related fees and taxes;

130-37 (b) Issue certificates of registration to applicants who

130-38 satisfy the requirements of this chapter; and

130-39 (c) Accept applications for the transfer of registration

130-40 pursuant to NRS 482.399 if the applicant purchased from

130-41 the new vehicle dealer a new vehicle to which the

130-42 registration is to be transferred.

130-43 2. A new vehicle dealer who is authorized to issue

130-44 certificates of registration pursuant to subsection 1 shall:

131-1 (a) Transmit the applications he receives to the

131-2 department within the period prescribed by the

131-3 department;

131-4 (b) Transmit the fees he collects from the applicants

131-5 and properly account for them within the period

131-6 prescribed by the department;

131-7 (c) Comply with the regulations adopted pursuant to

131-8 subsection 4; and

131-9 (d) Bear any cost of equipment which is necessary to

131-10 issue certificates of registration, including any computer

131-11 hardware or software.

131-12 3. A new vehicle dealer who is authorized to issue

131-13 certificates of registration pursuant to subsection 1 shall

131-14 not:

131-15 (a) Charge any additional fee for the performance of

131-16 those services;

131-17 (b) Receive compensation from the department for the

131-18 performance of those services;

131-19 (c) Accept applications for the renewal of registration

131-20 of a motor vehicle; or

131-21 (d) Accept an application for the registration of a

131-22 motor vehicle if the applicant wishes to:

131-23 (1) Obtain special license plates pursuant to NRS

131-24 482.3667 to 482.3825, inclusive [;] , and section 2 of this

131-25 act; or

131-26 (2) Claim the exemption from the governmental

131-27 services tax provided pursuant to NRS 361.1565 to

131-28 veterans and their relations.

131-29 4. The director shall adopt such regulations as are

131-30 necessary to carry out the provisions of this section. The

131-31 regulations adopted pursuant to this subsection must

131-32 provide for:

131-33 (a) The expedient and secure issuance of license plates

131-34 and decals by the department; and

131-35 (b) The withdrawal of the authority granted to a new

131-36 vehicle dealer pursuant to subsection 1 if that dealer fails

131-37 to comply with the regulations adopted by the department.

131-38 Sec. 8.7. Chapter 355, Statutes of Nevada 2001, at page

131-39 1676, is hereby amended by adding thereto a new section to

131-40 be designated as section 5.5, immediately following section 5,

131-41 to read as follows:

131-42 Sec. 5.5. NRS 482.500 is hereby amended to read as

131-43 follows:

131-44 482.500 1. Except as otherwise provided in

131-45 subsection 2 or 3, whenever upon application any

132-1 duplicate or substitute certificate of registration, decal or

132-2 number plate is issued, the following fees must be paid:

132-3 For a certificate of registration $5.00

132-4 For every substitute number plate or set of

132-5 plates 5.00

132-6 For every duplicate number plate or set of

132-7 plates 10.00

132-8 For every decal displaying a county name .50

132-9 For every other decal, license plate sticker

132-10 or tab 5.00

132-11 2. The following fees must be paid for any

132-12 replacement plate or set of plates issued for the following

132-13 special license plates:

132-14 (a) For any special plate issued pursuant to NRS

132-15 482.3667, 482.3672, 482.3675, 482.370 to 482.376,

132-16 inclusive, or 482.379 to 482.3816, inclusive, and section 3

132-17 of this act, a fee of $10.

132-18 (b) For any special plate issued pursuant to NRS

132-19 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

132-20 (c) For any souvenir license plate issued pursuant to

132-21 NRS 482.3825 or sample license plate issued pursuant to

132-22 NRS 482.2703, a fee equal to that established by the

132-23 director for the issuance of those plates.

132-24 3. A fee must not be charged for a duplicate or

132-25 substitute of a decal issued pursuant to NRS 482.37635.

132-26 4. The fees which are paid for duplicate number

132-27 plates and decals displaying county names must be

132-28 deposited with the state treasurer for credit to the motor

132-29 vehicle fund and allocated to the department to defray the

132-30 costs of duplicating the plates and manufacturing the

132-31 decals.

132-32 5. As used in this section:

132-33 (a) “Duplicate number plate” means a license plate or

132-34 a set of license plates issued to a registered owner which

132-35 repeat the code of a plate or set of plates previously issued

132-36 to the owner to maintain his registration using the same

132-37 code.

132-38 (b) “Substitute number plate” means a license plate or

132-39 a set of license plates issued in place of a previously

132-40 issued and unexpired plate or set of plates. The plate or set

132-41 of plates does not repeat the code of the previously issued

132-42 plate or set.

133-1 Sec. 8.8. Chapter 355, Statutes of Nevada 2001, at page

133-2 1678, is hereby amended by adding thereto a new section to

133-3 be designated as section 7.5, immediately following section 7,

133-4 to read as follows:

133-5 Sec. 7.5. Section 7 of chapter 99, Statutes of Nevada

133-6 2001, at page 587, is hereby amended to read as follows:

133-7 Sec. 7. 1. This section and sections 1, 3, 5 and

133-8 6 of this act become effective on October 1, 2001.

133-9 2. Sections 2 and 4 of this act become effective at

133-10 12:04 a.m. on October 1, 2001.

133-11 3. The amendatory provisions of this act expire by

133-12 limitation on October 1, 2005, if on that date the

133-13 department of motor vehicles and public safety has

133-14 received fewer than 250 applications for the issuance

133-15 of a license plate pursuant to subsections 1 to 6,

133-16 inclusive, of section 1 of this act.

133-17 Sec. 8.9. Section 4 of chapter 316, Statutes of Nevada

133-18 2001, at page 1468, and section 5 of chapter 324, Statutes of

133-19 Nevada 2001, at page 1513, are hereby repealed.

133-20 Sec. 56. Section 1 of chapter 386, Statutes of Nevada 2001, at

133-21 page 1865, is hereby amended to read as follows:

133-22 Section 1. NRS 125B.070 is hereby amended to read as

133-23 follows:

133-24 125B.070 1. As used in this section and NRS

133-25 125B.080, unless the context otherwise requires:

133-26 (a) “Gross monthly income” means the total amount of

133-27 income received each month from any source of a [wage-

133-28 earning employee] person who is not self-employed or the

133-29 gross income from any source of a self-employed person,

133-30 after deduction of all legitimate business expenses, but

133-31 without deduction for personal income taxes, contributions

133-32 for retirement benefits, contributions to a pension or for any

133-33 other personal expenses.

133-34 (b) “Obligation for support” means the sum certain dollar

133-35 amount determined according to the following schedule:

133-36 (1) For one child, 18 percent;

133-37 (2) For two children, 25 percent;

133-38 (3) For three children, 29 percent;

133-39 (4) For four children, 31 percent; and

133-40 (5) For each additional child, an additional

133-41 2 percent,

133-42 of a parent’s gross monthly income, but not more than [$500]

133-43 the presumptive maximum amount per month per child set

133-44 forth for the parent in subsection 2 for an obligation for

133-45 support determined pursuant to subparagraphs (1) to (4),

134-1 inclusive, unless the court sets forth findings of fact as to the

134-2 basis for a different amount pursuant to subsection 6 of

134-3 NRS 125B.080.

134-4 2. [On or before January 18, 1993, and on or before the

134-5 third Monday in January every 4 years thereafter, the State

134-6 Bar of Nevada shall review the formulas set forth in this

134-7 section to determine whether any modifications are advisable

134-8 and report to the legislature their findings and any proposed

134-9 amendments.] For the purposes of paragraph (b) of

134-10 subsection 1, the presumptive maximum amount per month

134-11 per child for an obligation for support, as adjusted pursuant

134-12 to subsection 3, is:

134-13 PRESUMPTIVE MAXIMUM AMOUNT

134-14 The Presumptive Maximum Amount the

134-15 INCOME RANGE Parent May be Required to Pay

134-16 If the Parent’s Gross But per Month per Child Pursuant to

134-17 Monthly Income is at Least Less Than Paragraph (b) of Subsection 1 is

134-18 $0 - $4,168 $500

134-19 4,168 - 6,251 550

134-20 6,251 - 8,334 600

134-21 8,334 - 10,418 650

134-22 10,418 - 12,501 700

134-23 12,501 - 14,583 750

134-24 If a parent’s gross monthly income is equal to or greater

134-25 than $14,583, the presumptive maximum amount the parent

134-26 may be required to pay pursuant to paragraph (b) of

134-27 subsection 1 is $800.

134-28 3. The amounts set forth in subsection 2 for each

134-29 income range and the corresponding amount of the

134-30 obligation for support must be adjusted on July 1 of each

134-31 year for the fiscal year beginning that day and ending June

134-32 30 in a rounded dollar amount corresponding to the

134-33 percentage of increase or decrease in the Consumer Price

134-34 Index (All Items) published by the United States Department

134-35 of Labor for the preceding calendar year. On April 1 of

134-36 each year, the office of court administrator shall determine

134-37 the amount of the increase or decrease required by this

134-38 subsection, establish the adjusted amounts to take effect on

134-39 July 1 of that year and notify each district court of the

134-40 adjusted amounts.

134-41 4. As used in this section, “office of court

134-42 administrator” means the office of court administrator

134-43 created pursuant to NRS 1.320.

135-1 Sec. 57. Sections 1 and 3 of chapter 387, Statutes of Nevada

135-2 2001, at pages 1868 and 1870, respectively, are hereby amended to

135-3 read respectively as follows:

135-4 Section 1. Chapter 171 of NRS is hereby amended by

135-5 adding thereto a new section to read as follows:

135-6 1. Except as otherwise provided in subsection 3, in a

135-7 county whose population is 100,000 or more, a peace officer

135-8 with limited jurisdiction who witnesses a category A felony

135-9 being committed or attempted in his presence, or has

135-10 reasonable cause for believing a person has committed or

135-11 attempted to commit a category A felony in an area that is

135-12 within his jurisdiction, shall immediately notify the primary

135-13 law enforcement agency in the city or county, as

135-14 appropriate, where the offense or attempted offense was

135-15 committed.

135-16 2. Upon arrival of an officer from the primary law

135-17 enforcement agency notified pursuant to subsection 1, a

135-18 peace officer with limited jurisdiction shall immediately

135-19 transfer the investigation of the offense or attempted offense

135-20 to the primary law enforcement agency.

135-21 3. The provisions of subsection 1 do not:

135-22 (a) Apply to an offense or attempted offense that is a

135-23 misdemeanor, gross misdemeanor or felony other than a

135-24 category A felony;

135-25 (b) Apply to an officer of the Nevada Highway Patrol, a

135-26 member of the police department of the University and

135-27 Community College System of Nevada, an agent of the

135-28 investigation division of the department of public safety or a

135-29 ranger of the division of state parks of the state department

135-30 of conservation and natural resources;

135-31 (c) Apply to a peace officer with limited jurisdiction if an

135-32 interlocal agreement between his employer and the primary

135-33 law enforcement agency in the city or county in which a

135-34 category A felony was committed or attempted authorizes

135-35 the peace officer with limited jurisdiction to respond to and

135-36 investigate the felony without immediately notifying the

135-37 primary law enforcement agency; or

135-38 (d) Prohibit a peace officer with limited jurisdiction

135-39 from:

135-40 (1) Contacting a primary law enforcement agency for

135-41 assistance with an offense that is a misdemeanor, gross

135-42 misdemeanor or felony that is not a category A felony; or

135-43 (2) Responding to a category A felony until the

135-44 appropriate primary law enforcement agency arrives at the

135-45 location where the felony was allegedly committed or

136-1 attempted, including, without limitation, taking any

136-2 appropriate action to provide assistance to a victim of the

136-3 felony, to apprehend the person suspected of committing or

136-4 attempting to commit the felony, to secure the location

136-5 where the felony was allegedly committed or attempted and

136-6 to protect the life and safety of the peace officer and any

136-7 other person present at that location.

136-8 4. As used in this section:

136-9 (a) “Peace officer with limited jurisdiction” means:

136-10 (1) A school police officer who is appointed or

136-11 employed pursuant to subsection 6 of NRS 391.100;

136-12 (2) An airport guard or police officer who is

136-13 appointed pursuant to NRS 496.130;

136-14 (3) A person employed to provide police services for

136-15 an airport authority created by a special act of the

136-16 legislature; and

136-17 (4) A marshal or park ranger who is part of a unit of

136-18 specialized law enforcement established pursuant to

136-19 NRS 280.125.

136-20 (b) “Primary law enforcement agency” means:

136-21 (1) A police department of an incorporated city;

136-22 (2) The sheriff’s office of a county; or

136-23 (3) If the county is within the jurisdiction of a

136-24 metropolitan police department, the metropolitan police

136-25 department.

136-26 Sec. 3. NRS 289.190 is hereby amended to read as

136-27 follows:

136-28 289.190 1. A person employed or appointed to serve as

136-29 a school police officer pursuant to subsection 6 of NRS

136-30 391.100 has the powers of a peace officer. A school police

136-31 officer shall perform his duties in compliance with the

136-32 provisions of section 1 of this act.

136-33 2. A person appointed pursuant to NRS 393.0718 by the

136-34 board of trustees of any school district has the powers of a

136-35 peace officer to carry out the intents and purposes of NRS

136-36 393.071 to 393.0719, inclusive.

136-37 3. Members of every board of trustees of a school

136-38 district, superintendents of schools, principals and teachers

136-39 have concurrent power with peace officers for the protection

136-40 of children in school and on the way to and from school, and

136-41 for the enforcement of order and discipline among such

136-42 children, including children who attend school within one

136-43 school district but reside in an adjoining school district or

136-44 adjoining state, pursuant to the provisions of chapter 392 of

136-45 NRS. This subsection must not be construed so as to make it

137-1 the duty of superintendents of schools, principals and teachers

137-2 to supervise the conduct of children while not on the school

137-3 property.

137-4 Sec. 58. Sections 1 and 2 of chapter 388, Statutes of Nevada

137-5 2001, at pages 1871 and 1872, respectively, are hereby amended to

137-6 read respectively as follows:

137-7 Section 1. NRS 616A.035 is hereby amended to read as

137-8 follows:

137-9 616A.035 1. “Accident benefits” means medical,

137-10 surgical, hospital or other treatments, nursing, medicine,

137-11 medical and surgical supplies, crutches and apparatuses,

137-12 including prosthetic devices.

137-13 2. The term includes:

137-14 (a) Medical benefits as defined by NRS 617.130;

137-15 (b) Preventive treatment administered as a precaution to

137-16 an employee who is exposed to a contagious disease while

137-17 providing medical services, including emergency medical

137-18 care, in the course and scope of his employment; [and]

137-19 (c) Preventive treatment administered as a precaution to a

137-20 police officer or a salaried or volunteer fireman who:

137-21 (1) Was exposed to a contagious disease:

137-22 (I) Upon battery by an offender; or

137-23 (II) While performing the duties of a police officer

137-24 or fireman,

137-25 if the exposure is documented by the creation and

137-26 maintenance of a report concerning the exposure pursuant to

137-27 paragraph (a) of subsection 1 of NRS 616C.052; or

137-28 (2) Tests positive for exposure to tuberculosis under

137-29 the circumstances described in NRS 616C.052 [.] ; and

137-30 (d) Preventive treatment for hepatitis administered as a

137-31 precaution to a full-time salaried fireman or an emergency

137-32 medical attendant employed in this state.

137-33 3. The term does not include:

137-34 (a) Exercise equipment, a hot tub or a spa for an

137-35 employee’s home;

137-36 (b) Membership in an athletic or health club;

137-37 (c) Except as otherwise provided in NRS 616C.245, a

137-38 motor vehicle; or

137-39 (d) The costs of operating a motor vehicle provided

137-40 pursuant to NRS 616C.245, fees related to the operation or

137-41 licensing of the motor vehicle or insurance for the motor

137-42 vehicle.

137-43 4. As used in this section:

137-44 (a) “Battery” includes, without limitation, the intentional

137-45 propelling or placing, or the causing to be propelled or

138-1 placed, of any human excrement or bodily fluid upon the

138-2 person of an employee.

138-3 (b) “Emergency medical attendant” means a person

138-4 licensed as an attendant or certified as an emergency

138-5 medical technician, intermediate emergency medical

138-6 technician or advanced emergency medical technician

138-7 pursuant to chapter 450B of NRS, whose primary duties of

138-8 employment are the provision of emergency medical

138-9 services.

138-10 (c) “Hepatitis” includes hepatitis A, hepatitis B,

138-11 hepatitis C and any additional diseases or conditions that

138-12 are associated with or result from hepatitis A, hepatitis B or

138-13 hepatitis C.

138-14 (d) “Preventive treatment” includes, without limitation:

138-15 (1) Tests to determine if an employee has contracted

138-16 [a] hepatitis or any other contagious disease to which he was

138-17 exposed; and

138-18 (2) If an employee tests positive for exposure to

138-19 tuberculosis under the circumstances described in NRS

138-20 616C.052, such medication and chest X-rays as are

138-21 recommended by the Centers for Disease Control and

138-22 Prevention of the Department of Health and Human Services.

138-23 Sec. 2. NRS 616A.265 is hereby amended to read as

138-24 follows:

138-25 616A.265 1. “Injury” or “personal injury” means a

138-26 sudden and tangible happening of a traumatic nature,

138-27 producing an immediate or prompt result which is established

138-28 by medical evidence, including injuries to prosthetic devices.

138-29 Any injury sustained by an employee while engaging in an

138-30 athletic or social event sponsored by his employer shall be

138-31 deemed not to have arisen out of or in the course of

138-32 employment unless the employee received remuneration for

138-33 participation in the event.

138-34 2. For the purposes of chapters 616A to 616D, inclusive,

138-35 of NRS:

138-36 (a) Coronary thrombosis, coronary occlusion, or any other

138-37 ailment or disorder of the heart, and any death or disability

138-38 ensuing therefrom, shall be deemed not to be an injury by

138-39 accident sustained by an employee arising out of and in the

138-40 course of his employment.

138-41 (b) The exposure of an employee to a contagious disease

138-42 while providing medical services, including emergency

138-43 medical care, in the course and scope of his employment shall

138-44 be deemed to be an injury by accident sustained by the

138-45 employee arising out of and in the course of his employment.

139-1 (c) Except as otherwise provided in paragraph (d), the

139-2 exposure to a contagious disease of a police officer or a

139-3 salaried or volunteer fireman who was exposed to the

139-4 contagious disease:

139-5 (1) Upon battery by an offender; or

139-6 (2) While performing the duties of a police officer or

139-7 fireman,

139-8 shall be deemed to be an injury by accident sustained by the

139-9 police officer or fireman arising out of and in the course of

139-10 his employment if the exposure is documented by the creation

139-11 and maintenance of a report concerning the exposure pursuant

139-12 to paragraph (a) of subsection 1 of NRS 616C.052. As used

139-13 in this paragraph, the term “battery” includes, without

139-14 limitation, the intentional propelling or placing, or the causing

139-15 to be propelled or placed, of any human excrement or bodily

139-16 fluid upon the person of an employee.

139-17 (d) If a police officer or a salaried or volunteer fireman

139-18 tests positive for exposure to tuberculosis under the

139-19 circumstances described in subsection 2 or 3 of NRS

139-20 616C.052, he shall be deemed to have sustained an injury by

139-21 accident arising out of and in the course of his employment,

139-22 unless the insurer can prove by a preponderance of the

139-23 evidence that the exposure was not related to the employment

139-24 of the police officer or fireman.

139-25 Sec. 59. 1. Section 3 of chapter 390, Statutes of Nevada

139-26 2001, at page 1887, is hereby amended to read as follows:

139-27 Sec. 3. NRS 484.37945 is hereby amended to read as

139-28 follows:

139-29 484.37945 1. When a program of treatment is ordered

139-30 pursuant to paragraph (a) or (b) of subsection 1 of NRS

139-31 484.3792, the court shall place the offender under the clinical

139-32 supervision of a treatment facility for treatment for a period

139-33 not to exceed 1 year, in accordance with the report submitted

139-34 to the court pursuant to subsection 3, 4 or 5 of NRS

139-35 484.37943. The court shall:

139-36 (a) Order the offender confined in a treatment facility,

139-37 then release the offender for supervised aftercare in the

139-38 community; or

139-39 (b) Release the offender for treatment in the

139-40 community,

139-41 for the period of supervision ordered by the court.

139-42 2. The court shall:

140-1 (a) Require the treatment facility to submit monthly

140-2 progress reports on the treatment of an offender pursuant to

140-3 this section; and

140-4 (b) Order the offender, to the extent of his financial

140-5 resources, to pay any charges for his treatment pursuant to

140-6 this section. If the offender does not have the financial

140-7 resources to pay all those charges, the court shall, to the

140-8 extent possible, arrange for the offender to obtain his

140-9 treatment from a treatment facility that receives a sufficient

140-10 amount of federal or state money to offset the remainder of

140-11 the charges.

140-12 3. A treatment facility is not liable for any damages to

140-13 person or property caused by a person who:

140-14 (a) Drives, operates or is in actual physical control of a

140-15 vehicle or a vessel under power or sail while under the

140-16 influence of intoxicating liquor or a controlled substance; or

140-17 (b) Engages in any other conduct prohibited by NRS

140-18 484.379, 484.3795, subsection 2 of NRS 488.400, NRS

140-19 488.410 or 488.420 or a law of any other jurisdiction that

140-20 prohibits the same or similar conduct,

140-21 after the treatment facility has certified to his successful

140-22 completion of a program of treatment ordered pursuant to

140-23 paragraph (a) or (b) of subsection 1 of NRS 484.3792.

140-24 2. Chapter 390, Statutes of Nevada 2001, at page 1888, is

140-25 hereby amended by adding thereto a new section to be designated as

140-26 section 5, immediately following section 4, to read as follows:

140-27 Sec. 5. Section 3 of this act becomes effective at 12:01

140-28 a.m. on October 1, 2001.

140-29 Sec. 60. 1. Sections 10 and 13 of chapter 395, Statutes of

140-30 Nevada 2001, at pages 1912 and 1913, respectively, are hereby

140-31 amended to read respectively as follows:

140-32 Sec. 10. NRS 458.155 is hereby amended to read as

140-33 follows:

140-34 458.155 1. If a halfway house for recovering alcohol

140-35 and drug abusers violates any provisions related to its

140-36 certification, including, without limitation, any law of this

140-37 state or any applicable condition, standard or regulation

140-38 adopted by the board, the health division may:

140-39 (a) Suspend or revoke its certification; and

140-40 (b) Impose an administrative fine of not more than $1,000

140-41 per day for each violation, together with interest thereon at a

140-42 rate not to exceed 10 percent per annum.

140-43 2. In addition to the provisions of subsection 1, the

140-44 health division may revoke the certification of a halfway

140-45 house for recovering alcohol and drug abusers if, with respect

141-1 to that halfway house, the person or governmental entity that

141-2 operates and maintains the halfway house, or an agent or

141-3 employee of the person or governmental entity:

141-4 (a) Is convicted of violating any of the provisions of

141-5 NRS 202.470;

141-6 (b) Is ordered to but fails to abate a nuisance pursuant to

141-7 NRS 244.360, 244.3603 or 268.4124; or

141-8 (c) Is ordered by the appropriate governmental agency to

141-9 correct a violation of a building, safety or health code or

141-10 regulation but fails to correct the violation.

141-11 3. If a halfway house for recovering alcohol and drug

141-12 abusers fails to pay an administrative fine imposed pursuant

141-13 to subsection 1, the health division may:

141-14 (a) Suspend the certificate of the halfway house until the

141-15 administrative fine is paid; and

141-16 (b) Collect court costs, reasonable attorney’s fees and

141-17 other costs incurred to collect the administrative fine.

141-18 4. Any money collected as an administrative fine must

141-19 be deposited in the state general fund. If money is needed to

141-20 pay the costs of an investigation or inspection to carry out the

141-21 provisions of NRS 458.141 to 458.171, inclusive, the health

141-22 division may present a claim to the state board of examiners

141-23 for recommendation to the interim finance committee.

141-24 5. The health division shall maintain a log of any

141-25 complaints that it receives relating to activities for which the

141-26 health division may revoke the certification of a halfway

141-27 house for recovering alcohol and drug abusers pursuant to

141-28 subsection 2.

141-29 6. On or before February 1 of each odd-numbered year,

141-30 the health division shall submit to the director of the

141-31 legislative counsel bureau a written report setting forth, for

141-32 the previous biennium:

141-33 (a) Any complaints included in the log maintained by the

141-34 health division pursuant to subsection 5; and

141-35 (b) Any disciplinary actions taken by the health division

141-36 pursuant to subsection 2.

141-37 Sec. 13. 1. This section and sections 7 [to 12,

141-38 inclusive,] , 8, 9, 11, 12 and 14 of this act become effective

141-39 on July 1, 2001.

141-40 2. Sections 1 , 2 to 6, inclusive, and 10 of this act

141-41 become effective at 12:01 a.m. on July 1, 2001.

141-42 3. Section 1.5 of this act becomes effective on

141-43 January 1, 2002.

142-1 2. Chapter 395, Statutes of Nevada 2001, at page 1909, is

142-2 hereby amended by adding thereto a new section to be designated as

142-3 section 1.5, immediately following section 1, to read as follows:

142-4 Sec. 1.5. NRS 278.021 is hereby amended to read as

142-5 follows:

142-6 278.021 1. In any ordinance adopted by a city or

142-7 county, the definition of “single-family residence” must

142-8 include a:

142-9 (a) Residential facility for groups in which 10 or fewer

142-10 unrelated persons with disabilities reside with:

142-11 (1) House parents or guardians who need not be

142-12 related to any of the persons with disabilities; and

142-13 (2) If applicable, additional persons who are related to

142-14 the house parents or guardians within the third degree of

142-15 consanguinity or affinity.

142-16 (b) Home for individual residential care.

142-17 (c) Halfway house for recovering alcohol and drug

142-18 abusers.

142-19 2. The provisions of subsection 1 do not prohibit a

142-20 definition of “single-family residence” which permits more

142-21 persons to reside in a residential facility for groups, nor does

142-22 it prohibit regulation of homes which are operated on a

142-23 commercial basis. For the purposes of this subsection, a

142-24 residential facility for groups, a halfway house for recovering

142-25 alcohol and drug abusers or a home for individual residential

142-26 care shall not be deemed to be a home that is operated on a

142-27 commercial basis for any purposes relating to building codes

142-28 or zoning.

142-29 3. The health division of the department of human

142-30 resources shall compile and maintain a registry of information

142-31 relating to each residential establishment that exists in this

142-32 state and shall make available for access on the Internet or its

142-33 successor, if any, the information contained in the registry.

142-34 The registry must include with respect to each residential

142-35 establishment:

142-36 (a) The name of the owner of the establishment;

142-37 (b) The name of the administrator of the establishment;

142-38 (c) The address of the establishment; and

142-39 (d) The number of clients for which the establishment is

142-40 licensed.

142-41 Any department or agency of a county or city that becomes

142-42 aware of the existence of a residential establishment that is

142-43 not included in the registry shall transmit such information to

142-44 the health division, as is necessary, for inclusion in the

142-45 registry within 30 days after obtaining the information.

143-1 4. The governing body of a county whose population is

143-2 100,000 or more or the governing body of a city in such a

143-3 county or any department or agency of the city or county

143-4 shall approve the first application submitted on or after

143-5 July 1, 2000, to operate a residential establishment within a

143-6 particular neighborhood in the jurisdiction of the governing

143-7 body. If a subsequent application is submitted to operate an

143-8 additional residential establishment at a location that is within

143-9 the minimum distance established by the governing body

143-10 pursuant to this subsection from an existing residential

143-11 establishment, the governing body shall review the

143-12 application based on applicable zoning ordinances. The

143-13 requirements of this subsection do not require the relocation

143-14 or displacement of any residential establishment which

143-15 existed before [the effective date of this act] July 1, 2001,

143-16 from its location on that date. The provisions of this

143-17 subsection do not create or impose a presumption that the

143-18 location of more than one residential establishment within the

143-19 minimum distance of each other established by the governing

143-20 body pursuant to this subsection is inappropriate under all

143-21 circumstances with respect to the enforcement of zoning

143-22 ordinances and regulations. For purposes of this subsection,

143-23 each governing body shall establish by ordinance a minimum

143-24 distance between residential establishments that is at least 660

143-25 feet but not more than 1,500 feet.

143-26 5. The governing body of a county or city shall not

143-27 refuse to issue a special use permit to a residential

143-28 establishment that meets local public health and safety

143-29 standards.

143-30 6. The provisions of this section must not be applied in

143-31 any manner which would result in a loss of money from the

143-32 Federal Government for programs relating to housing.

143-33 7. As used in this section:

143-34 (a) “Halfway house for recovering alcohol and drug

143-35 abusers” has the meaning ascribed to it in NRS [458.010.]

143-36 449.008.

143-37 (b) “Home for individual residential care” has the

143-38 meaning ascribed to it in NRS 449.0105.

143-39 (c) “Person with a disability” means a person:

143-40 (1) With a physical or mental impairment that

143-41 substantially limits one or more of the major life activities of

143-42 the person;

143-43 (2) With a record of such an impairment; or

143-44 (3) Who is regarded as having such an impairment.

144-1 (d) “Residential establishment” means a home for

144-2 individual residential care in a county whose population is

144-3 100,000 or more, a halfway house for recovering alcohol and

144-4 drug abusers or a residential facility for groups.

144-5 (e) “Residential facility for groups” has the meaning

144-6 ascribed to it in NRS 449.017.

144-7 Sec. 61. 1. Sections 11 and 14 of chapter 397, Statutes of

144-8 Nevada 2001, at pages 1918 and 1919, respectively, are hereby

144-9 amended to read respectively as follows:

144-10 Sec. 11. NRS 218.6827 is hereby amended to read as

144-11 follows:

144-12 218.6827 1. Except as otherwise provided in

144-13 subsections 2 and 3, the interim finance committee may

144-14 exercise the powers conferred upon it by law only when the

144-15 legislature is not in regular or special session.

144-16 2. During a regular session, the interim finance

144-17 committee may also perform the duties imposed on it by

144-18 subsection 5 of NRS 284.115, subsection 2 of NRS 321.335,

144-19 NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050,

144-20 subsection 1 of NRS 323.100, [subsection 1 of NRS

144-21 341.145,] NRS 353.220, 353.224, 353.2705 to 353.2771,

144-22 inclusive, and 353.335, paragraph (b) of subsection 4 of NRS

144-23 407.0762, NRS 428.375, 439.620, 439.630, subsection 6 of

144-24 NRS 445B.830 and NRS 538.650. In performing those duties,

144-25 the senate standing committee on finance and the assembly

144-26 standing committee on ways and means may meet separately

144-27 and transmit the results of their respective votes to the

144-28 chairman of the interim finance committee to determine the

144-29 action of the interim finance committee as a whole.

144-30 3. During a regular or special session, the interim

144-31 finance committee may exercise the powers and duties

144-32 conferred upon it pursuant to the provisions of NRS 353.2705

144-33 to 353.2771, inclusive.

144-34 4. If the interim finance committee determines that a

144-35 fundamental review of the base budget of a state agency is

144-36 necessary, it shall, by resolution, notify the legislative

144-37 commission of that finding for assignment of the review to a

144-38 legislative committee for the fundamental review of the base

144-39 budgets of state agencies established pursuant to

144-40 NRS 218.5382.

144-41 Sec. 14. 1. This section and [sections] section 12.5 of

144-42 this act become effective on June 30, 2001.

144-43 2. Sections 1 to 9, inclusive, 11, 12 and 13 of this act

144-44 become effective on July 1, 2001.

145-1 2. Chapter 397, Statutes of Nevada 2001, at page 1919, is

145-2 hereby amended by adding thereto a new section to be designated as

145-3 section 12.5, immediately following section 12, to read as follows:

145-4 Sec. 12.5. Sections 6 and 7 of chapter 531, Statutes of

145-5 Nevada 2001, at pages 2682 and 2683, respectively, are

145-6 hereby amended to read respectively as follows:

145-7 Sec. 6. NRS 218.6827 is hereby amended to read as

145-8 follows:

145-9 218.6827 1. Except as otherwise provided in

145-10 subsections 2 and 3, the interim finance committee may

145-11 exercise the powers conferred upon it by law only when

145-12 the legislature is not in regular or special session.

145-13 2. During a regular session, the interim finance

145-14 committee may also perform the duties imposed on it by

145-15 subsection 5 of NRS 284.115, subsection 2 of NRS

145-16 321.335, NRS 322.007, subsection 2 of NRS 323.020,

145-17 NRS 323.050, subsection 1 of NRS 323.100, NRS

145-18 353.220, 353.224, 353.2705 to 353.2771, inclusive, and

145-19 353.335, paragraph (b) of subsection 4 of NRS 407.0762

145-20 [,] and NRS 428.375, 439.620, 439.630, [subsection 6 of

145-21 NRS] 445B.830 and [NRS] 538.650. In performing those

145-22 duties, the senate standing committee on finance and the

145-23 assembly standing committee on ways and means may

145-24 meet separately and transmit the results of their respective

145-25 votes to the chairman of the interim finance committee to

145-26 determine the action of the interim finance committee as a

145-27 whole.

145-28 3. During a regular or special session, the interim

145-29 finance committee may exercise the powers and duties

145-30 conferred upon it pursuant to the provisions of NRS

145-31 353.2705 to 353.2771, inclusive.

145-32 4. If the interim finance committee determines that a

145-33 fundamental review of the base budget of a state agency is

145-34 necessary, it shall, by resolution, notify the legislative

145-35 commission of that finding for assignment of the review to

145-36 a legislative committee for the fundamental review of the

145-37 base budgets of state agencies established pursuant to

145-38 NRS 218.5382.

145-39 Sec. 7. 1. This section and sections 1, 3 [, 4 and 6]

145-40 and 4 of this act become effective on July 1, 2001.

145-41 2. [Section] Sections 5 and 6 of this act [becomes]

145-42 become effective at 12:01 a.m. on July 1, 2001.

145-43 3. Section 2 of this act becomes effective on

145-44 January 1, 2002.

146-1 Sec. 62. 1. Section 1 of chapter 398, Statutes of Nevada

146-2 2001, at page 1920, is hereby amended to read as follows:

146-3 Section 1. NRS 444.630 is hereby amended to read as

146-4 follows:

146-5 444.630 1. [As used in this section, “garbage” includes

146-6 swill, refuse, cans, bottles, paper, vegetable matter, carcass of

146-7 any dead animal, offal from any slaughter pen or butcher

146-8 shop, trash or rubbish.

146-9 2. Every] A person who [willfully] places, deposits or

146-10 dumps, or who causes to be placed, deposited or dumped, or

146-11 who causes or allows to overflow, any sewage, sludge,

146-12 cesspool or septic tank effluent, or accumulation of human

146-13 excreta, or any [garbage,] solid waste, in or upon any street,

146-14 alley, public highway or road in common use, or upon any

146-15 public park or other public property other than property

146-16 designated or set aside for such a purpose by the governing

146-17 body having charge thereof, or upon any private property ,

146-18 [into or upon which the public is admitted by easement,

146-19 license or otherwise,] is guilty of :

146-20 (a) For a first offense within the immediately preceding

146-21 2 years, a misdemeanor . [and, if the convicted person agrees,

146-22 he shall be sentenced to]

146-23 (b) For a second offense within the immediately

146-24 preceding 2 years, a gross misdemeanor and shall be

146-25 punished by imprisonment in the county jail for not fewer

146-26 than 14 days but not more than 1 year.

146-27 (c) For a third or subsequent offense within the

146-28 immediately preceding 2 years, a gross misdemeanor and

146-29 shall be punished by imprisonment in the county jail for 1

146-30 year.

146-31 2. In addition to any criminal penalty imposed

146-32 pursuant to subsection 1 and any civil penalty imposed

146-33 pursuant to NRS 444.635, a court shall sentence a person

146-34 convicted of violating subsection 1:

146-35 (a) If the person is a natural person, to clean up the

146-36 dump site and perform 10 hours of community service under

146-37 the conditions prescribed in NRS 176.087.

146-38 (b) If the person is a business entity:

146-39 (1) For a first or second offense within the

146-40 immediately preceding 2 years, to:

146-41 (I) Clean up the dump site; and

146-42 (II) Perform 40 hours of community service

146-43 cleaning up other dump sites identified by the solid waste

146-44 management authority.

147-1 (2) For a third or subsequent offense within the

147-2 immediately preceding 2 years, to:

147-3 (I) Clean up the dump site; and

147-4 (II) Perform 200 hours of community service

147-5 cleaning up other dump sites identified by the solid waste

147-6 management authority.

147-7 3. If a person is sentenced to clean up a dump site

147-8 pursuant to subsection 2, the person shall:

147-9 (a) Within 3 calendar days after sentencing, commence

147-10 cleaning up the dump site; and

147-11 (b) Within 5 business days after cleaning up the dump

147-12 site, provide to the solid waste management authority proof

147-13 of the lawful disposal of the sewage, solid waste or other

147-14 matter that the person was convicted of disposing of

147-15 unlawfully.

147-16 The solid waste management authority shall prescribe the

147-17 forms of proof which may be provided to satisfy the

147-18 provisions of paragraph (b).

147-19 4. In addition to any other penalty prescribed by law, if

147-20 a business entity is convicted of violating subsection 1:

147-21 (a) Such violation constitutes reasonable grounds for

147-22 the revocation of any license to engage in business that has

147-23 been issued to the business entity by any governmental

147-24 entity of this state; and

147-25 (b) The solid waste management authority may seek the

147-26 revocation of such a license by way of any applicable

147-27 procedures established by the governmental entity that

147-28 issued the license.

147-29 5. Except as otherwise provided in NRS 444.585,

147-30 ownership of [garbage] solid waste does not transfer from the

147-31 person who originally possessed it until it is received for

147-32 transport by a person authorized to dispose of solid waste

147-33 pursuant to this chapter or until it is disposed of at a

147-34 municipal disposal site. Identification of the owner of any

147-35 [garbage] solid waste which is disposed of in violation of

147-36 subsection [2] 1 creates a reasonable inference that the owner

147-37 is the person who disposed of the [garbage.] solid waste. The

147-38 fact that the disposal of the [garbage] solid waste was not

147-39 witnessed does not, in and of itself, preclude the identification

147-40 of its owner.

147-41 [4.] 6. All:

147-42 (a) Health officers and their deputies;

147-43 (b) Game wardens;

147-44 (c) Police officers of cities and towns;

147-45 (d) Sheriffs and their deputies;

148-1 (e) Other peace officers of the State of Nevada; and

148-2 (f) Other persons who are specifically designated by the

148-3 local government to do so,

148-4 shall, within their respective jurisdictions, enforce the

148-5 provisions of this section.

148-6 [5.] 7. A district health officer or his deputy or other

148-7 person specifically designated by the local government to do

148-8 so may issue a citation for any violation of this section which

148-9 occurs within his jurisdiction.

148-10 [6.] 8. To effectuate the purposes of this section, the

148-11 persons charged with enforcing this section may request

148-12 information from any:

148-13 (a) Agency of the state or its political subdivisions.

148-14 (b) Employer, public or private.

148-15 (c) Employee organization or trust of any kind.

148-16 (d) Financial institution or other entity which is in the

148-17 business of providing credit reports.

148-18 (e) Public utility.

148-19 Each of these persons and entities, their officers and

148-20 employees, shall cooperate by providing any information in

148-21 their possession which may aid in the location and

148-22 identification of a person believed to be in violation of

148-23 subsection [2.] 1. A disclosure made in good faith pursuant to

148-24 this subsection does not give rise to any action for damages

148-25 for the disclosure.

148-26 2. Chapter 398, Statutes of Nevada 2001, at page 1922, is

148-27 hereby amended by adding thereto a new section to be designated as

148-28 section 1.5, immediately following section 1, to read as follows:

148-29 Sec. 1.5. Section 10 of chapter 272, Statutes of Nevada

148-30 2001, at page 1235, is hereby amended to read as follows:

148-31 Sec. 10. NRS 444.630 is hereby amended to read as

148-32 follows:

148-33 444.630 1. A person who places, deposits or

148-34 dumps, or who causes to be placed, deposited or dumped,

148-35 or who causes or allows to overflow, any sewage, sludge,

148-36 cesspool or septic tank effluent, or accumulation of human

148-37 excreta, or any solid waste, in or upon any street, alley,

148-38 public highway or road in common use, or upon any

148-39 public park or other public property other than property

148-40 designated or set aside for such a purpose by the

148-41 governing body having charge thereof, or upon any private

148-42 property, is guilty of:

148-43 (a) For a first offense within the immediately

148-44 preceding 2 years, a misdemeanor.

149-1 (b) For a second offense within the immediately

149-2 preceding 2 years, a gross misdemeanor and shall be

149-3 punished by imprisonment in the county jail for not fewer

149-4 than 14 days but not more than 1 year.

149-5 (c) For a third or subsequent offense within the

149-6 immediately preceding 2 years, a gross misdemeanor and

149-7 shall be punished by imprisonment in the county jail for 1

149-8 year.

149-9 2. In addition to any criminal penalty imposed

149-10 pursuant to subsection 1 , [and] any civil penalty imposed

149-11 pursuant to NRS 444.635 [,] and any administrative

149-12 penalty imposed pursuant to section 6 of this act, a court

149-13 shall sentence a person convicted of violating

149-14 subsection 1:

149-15 (a) If the person is a natural person, to clean up the

149-16 dump site and perform 10 hours of community service

149-17 under the conditions prescribed in NRS 176.087.

149-18 (b) If the person is a business entity:

149-19 (1) For a first or second offense within the

149-20 immediately preceding 2 years, to:

149-21 (I) Clean up the dump site; and

149-22 (II) Perform 40 hours of community service

149-23 cleaning up other dump sites identified by the solid waste

149-24 management authority.

149-25 (2) For a third or subsequent offense within the

149-26 immediately preceding 2 years, to:

149-27 (I) Clean up the dump site; and

149-28 (II) Perform 200 hours of community service

149-29 cleaning up other dump sites identified by the solid waste

149-30 management authority.

149-31 3. If a person is sentenced to clean up a dump site

149-32 pursuant to subsection 2, the person shall:

149-33 (a) Within 3 calendar days after sentencing,

149-34 commence cleaning up the dump site; and

149-35 (b) Within 5 business days after cleaning up the dump

149-36 site, provide to the solid waste management authority

149-37 proof of the lawful disposal of the sewage, solid waste or

149-38 other matter that the person was convicted of disposing of

149-39 unlawfully.

149-40 The solid waste management authority shall prescribe the

149-41 forms of proof which may be provided to satisfy the

149-42 provisions of paragraph (b).

149-43 4. In addition to any other penalty prescribed by law,

149-44 if a business entity is convicted of violating subsection 1:

150-1 (a) Such violation constitutes reasonable grounds for

150-2 the revocation of any license to engage in business that

150-3 has been issued to the business entity by any governmental

150-4 entity of this state; and

150-5 (b) The solid waste management authority may seek

150-6 the revocation of such a license by way of any applicable

150-7 procedures established by the governmental entity that

150-8 issued the license.

150-9 5. Except as otherwise provided in NRS 444.585,

150-10 ownership of solid waste does not transfer from the person

150-11 who originally possessed it until it is received for transport

150-12 by a person authorized to dispose of solid waste pursuant

150-13 to this chapter or until it is disposed of at a municipal

150-14 disposal site. Identification of the owner of any solid

150-15 waste which is disposed of in violation of subsection 1

150-16 creates a reasonable inference that the owner is the person

150-17 who disposed of the solid waste. The fact that the disposal

150-18 of the solid waste was not witnessed does not, in and of

150-19 itself, preclude the identification of its owner.

150-20 6. All:

150-21 (a) Health officers and their deputies;

150-22 (b) Game wardens;

150-23 (c) Police officers of cities and towns;

150-24 (d) Sheriffs and their deputies;

150-25 (e) Other peace officers of the State of Nevada; and

150-26 (f) Other persons who are specifically designated by

150-27 the local government to do so,

150-28 shall, within their respective jurisdictions, enforce the

150-29 provisions of this section.

150-30 7. A district health officer or his deputy or other

150-31 person specifically designated by the local government to

150-32 do so may issue a citation for any violation of this section

150-33 which occurs within his jurisdiction.

150-34 8. To effectuate the purposes of this section, the

150-35 persons charged with enforcing this section may request

150-36 information from any:

150-37 (a) Agency of the state or its political subdivisions.

150-38 (b) Employer, public or private.

150-39 (c) Employee organization or trust of any kind.

150-40 (d) Financial institution or other entity which is in the

150-41 business of providing credit reports.

150-42 (e) Public utility.

150-43 Each of these persons and entities, their officers and

150-44 employees, shall cooperate by providing any information

150-45 in their possession which may aid in the location and

151-1 identification of a person believed to be in violation of

151-2 subsection 1. A disclosure made in good faith pursuant to

151-3 this subsection does not give rise to any action for

151-4 damages for the disclosure.

151-5 Sec. 63. 1. Section 15 of chapter 399, Statutes of Nevada

151-6 2001, at page 1928, is hereby amended to read as follows:

151-7 Sec. 15. 1. This section and sections 1 to 11,

151-8 inclusive, and 12 to 14, inclusive, of this act [becomes]

151-9 become effective on January 1, 2002.

151-10 2. Section 11 of this act expires by limitation on May 1,

151-11 2004, if, on January 1, 2003, the commissioner of insurance

151-12 issues a determination that the cumulative average increase

151-13 in premiums for policies of insurance, contracts for hospital

151-14 or medical service and evidence of coverage delivered or

151-15 issued for delivery pursuant to chapters 689A, 689B, 695B

151-16 and 695C of NRS, respectively, that is directly attributable

151-17 to coverage for the treatment of conditions relating to severe

151-18 mental illness required to be provided by chapter 576,

151-19 Statutes of Nevada 1999, is greater than 6 percent.

151-20 3. Section 11.5 of this act becomes effective at 12:01

151-21 a.m. on May 1, 2004, if, on January 1, 2003, the

151-22 commissioner of insurance issues a determination that the

151-23 cumulative average increase in premiums for policies of

151-24 insurance, contracts for hospital or medical service and

151-25 evidence of coverage delivered or issued for delivery

151-26 pursuant to chapters 689A, 689B, 695B and 695C of NRS,

151-27 respectively, that is directly attributable to coverage for the

151-28 treatment of conditions relating to severe mental illness

151-29 required to be provided by chapter 576, Statutes of Nevada

151-30 1999, is greater than 6 percent.

151-31 2. Chapter 399, Statutes of Nevada 2001, at page 1926, is

151-32 hereby amended by adding thereto a new section to be designated as

151-33 section 11.5, immediately following section 11, to read as follows:

151-34 Sec. 11.5. NRS 287.010 is hereby amended to read as

151-35 follows:

151-36 287.010 1. The governing body of any county, school

151-37 district, municipal corporation, political subdivision, public

151-38 corporation or other public agency of the State of Nevada

151-39 may:

151-40 (a) Adopt and carry into effect a system of group life,

151-41 accident or health insurance, or any combination thereof, for

151-42 the benefit of its officers and employees, and the dependents

151-43 of officers and employees who elect to accept the insurance

151-44 and who, where necessary, have authorized the governing

152-1 body to make deductions from their compensation for the

152-2 payment of premiums on the insurance.

152-3 (b) Purchase group policies of life, accident or health

152-4 insurance, or any combination thereof, for the benefit of such

152-5 officers and employees, and the dependents of such officers

152-6 and employees, as have authorized the purchase, from

152-7 insurance companies authorized to transact the business of

152-8 such insurance in the State of Nevada, and, where necessary,

152-9 deduct from the compensation of officers and employees the

152-10 premiums upon insurance and pay the deductions upon the

152-11 premiums.

152-12 (c) Provide group life, accident or health coverage

152-13 through a self-insurance reserve fund and, where necessary,

152-14 deduct contributions to the maintenance of the fund from the

152-15 compensation of officers and employees and pay the

152-16 deductions into the fund. The money accumulated for this

152-17 purpose through deductions from the compensation of

152-18 officers and employees and contributions of the governing

152-19 body must be maintained as an internal service fund as

152-20 defined by NRS 354.543. The money must be deposited in a

152-21 state or national bank or credit union authorized to transact

152-22 business in the State of Nevada. Any independent

152-23 administrator of a fund created under this section is subject to

152-24 the licensing requirements of chapter 683A of NRS, and must

152-25 be a resident of this state. Any contract with an independent

152-26 administrator must be approved by the commissioner of

152-27 insurance as to the reasonableness of administrative charges

152-28 in relation to contributions collected and benefits provided.

152-29 The provisions of section 3 of this act and NRS 689B.030 to

152-30 689B.050, inclusive, apply to coverage provided pursuant to

152-31 this paragraph.

152-32 (d) Defray part or all of the cost of maintenance of a self-

152-33 insurance fund or of the premiums upon insurance. The

152-34 money for contributions must be budgeted for in accordance

152-35 with the laws governing the county, school district, municipal

152-36 corporation, political subdivision, public corporation or other

152-37 public agency of the State of Nevada.

152-38 2. If a school district offers group insurance to its

152-39 officers and employees pursuant to this section, members of

152-40 the board of trustees of the school district must not be

152-41 excluded from participating in the group insurance. If the

152-42 amount of the deductions from compensation required to pay

152-43 for the group insurance exceeds the compensation to which a

152-44 trustee is entitled, the difference must be paid by the trustee.

153-1 Sec. 64. Section 3 of chapter 403, Statutes of Nevada 2001, at

153-2 page 1937, is hereby amended to read as follows:

153-3 Sec. 3. Section 14 of chapter 552, Statutes of Nevada

153-4 1999, at page 2883, is hereby amended to read as follows:

153-5 Sec. 14. 1. This act becomes effective on July 1,

153-6 1999.

153-7 2. [Sections 1 to 10, inclusive,] Section 3 of this act

153-8 [expire] expires by limitation on June 30, 2001.

153-9 3. Sections 1 to 2, inclusive, and 4 to 10, inclusive,

153-10 of this act expire by limitation on June 30, 2003.

153-11 Sec. 65. Section 20 of chapter 406, Statutes of Nevada 2001,

153-12 at page 1955, and section 27 of chapter 406, Statutes of Nevada

153-13 2001, as amended by section 71.5 of chapter 575, Statutes of

153-14 Nevada 2001, at page 2932, are hereby amended to read

153-15 respectively as follows:

153-16 Sec. 20. NRS 281.4365 is hereby amended to read as

153-17 follows:

153-18 281.4365 1. “Public officer” means a person elected or

153-19 appointed to a position which is established by the

153-20 constitution of the State of Nevada, a statute of this state or an

153-21 ordinance of any of its counties or incorporated cities and

153-22 which involves the exercise of a public power, trust or duty.

153-23 As used in this section, “the exercise of a public power, trust

153-24 or duty” means:

153-25 (a) Actions taken in an official capacity which involve a

153-26 substantial and material exercise of administrative discretion

153-27 in the formulation of public policy;

153-28 (b) The expenditure of public money; and

153-29 (c) The enforcement of laws and rules of the state, a

153-30 county or a city.

153-31 2. “Public officer” does not include:

153-32 (a) Any justice, judge or other officer of the court system;

153-33 (b) Any member of a board, commission or other body

153-34 whose function is advisory;

153-35 (c) Any member of a board of trustees for a general

153-36 improvement district or special district whose official duties

153-37 do not include the formulation of a budget for the district or

153-38 the authorization of the expenditure of the district’s money;

153-39 or

153-40 (d) A county health officer appointed pursuant to

153-41 NRS 439.290.

153-42 3. “Public office” does not include an office held by:

153-43 (a) Any justice, judge or other officer of the court

153-44 system;

154-1 (b) Any member of a board, commission or other body

154-2 whose function is advisory;

154-3 (c) Any member of a board of trustees for a general

154-4 improvement district or special district whose official duties

154-5 do not include the formulation of a budget for the district or

154-6 the authorization of the expenditure of the district’s money;

154-7 or

154-8 (d) A county health officer appointed pursuant to

154-9 NRS 439.290.

154-10 Sec. 27. [Sections 20 and]

154-11 1. Section 25 of this act [become] becomes effective at

154-12 12:01 a.m. on October 1, 2001.

154-13 2. Section 20 of this act becomes effective at 12:02 a.m.

154-14 on October 1, 2001.

154-15 Sec. 66. Sections 1 and 3 of chapter 409, Statutes of Nevada

154-16 2001, at pages 2004 and 2005, respectively, are hereby amended to

154-17 read respectively as follows:

154-18 Section 1. Section 5 of chapter 474, Statute of Nevada

154-19 1977, as last amended by chapter [83,] 413, Statutes of

154-20 Nevada [1981,] 2001, at page [181,] 2042, is hereby amended

154-21 to read as follows:

154-22 Sec. 5. 1. The authority [shall] must be directed

154-23 and governed by a board of trustees composed of nine

154-24 persons.

154-25 2. The City of Reno [shall] must be represented on

154-26 the board by four members, the City of Sparks by two

154-27 members and Washoe County by two members, appointed

154-28 as specified in this section. The terms of all trustees

154-29 appointed by the city councils of the cities of Reno and

154-30 Sparks and the board of county commissioners of Washoe

154-31 County pursuant to this section [prior to] before its

154-32 amendment expire on July 1, 1981. On July 1, 1981:

154-33 (a) The city council of the City of Reno shall appoint

154-34 four trustees, two for terms of 2 years and two for terms of

154-35 4 years. Subsequent appointments [shall] must be made

154-36 for terms of 4 years.

154-37 (b) The city council of the City of Sparks shall appoint

154-38 two trustees, one for a term of 2 years and one for a term

154-39 of 4 years. Subsequent appointments [shall] must be made

154-40 for a term of 4 years.

154-41 (c) The board of county commissioners of Washoe

154-42 County shall appoint two trustees, one for a term of 2

154-43 years and one for a term of 4 years. Subsequent

154-44 appointments [shall] must be made for terms of 4 years.

155-1 3. In addition to the members appointed pursuant to

155-2 subsection 2, on July 1, 2001, the County Fair and

155-3 Recreation Board of Washoe County shall appoint one

155-4 trustee who represents consumers of services provided at

155-5 the airport for a term of 4 years. Subsequent appointments

155-6 [shall] must be made for terms of 4 years.

155-7 4. Each appointing authority:

155-8 (a) Other than the County Fair and Recreation Board

155-9 of Washoe County, shall appoint a person to serve on the

155-10 board only if the appointing authority determines that the

155-11 person:

155-12 (1) Has experience in the aviation, business or

155-13 tourism industry;

155-14 (2) Has experience in finance or accounting; or

155-15 (3) Possesses such other qualifications that the

155-16 appointing authority determines are necessary or

155-17 appropriate for carrying out the duties of the board; and

155-18 (b) May remove a member of the board which it

155-19 appointed only if the appointing authority determines that

155-20 the member willfully neglected or refused to perform an

155-21 official duty of the board. An appointing authority shall

155-22 not remove a member for exercising his independent

155-23 judgment.

155-24 5. A member of the board of trustees shall not serve

155-25 for more than two terms.

155-26 6. The position of a member of the board of trustees

155-27 [shall] must be considered vacated upon his loss of any of

155-28 the qualifications required for his appointment , and in

155-29 such event the appointing authority shall appoint a

155-30 successor.

155-31 7. An appointment of a member of the board of

155-32 trustees pursuant to the provisions of this section must be

155-33 made not later than June 15 of the year in which the

155-34 member is required to be appointed.

155-35 Sec. 3. Section 10.2 of chapter [737,] 474, Statutes of

155-36 Nevada [1989,] 1977, as last amended by chapter 614,

155-37 Statutes of Nevada 1993, at page 2554, is hereby amended to

155-38 read as follows:

155-39 Sec. 10.2 1. The authority may enter into any

155-40 concession agreement if the board or its authorized

155-41 representative reviews the agreement and determines it is

155-42 in the best interest of the authority. In making [this] that

155-43 determination, the board or its authorized representative

155-44 shall consider whether the proposed fees to be paid to the

155-45 authority for the privileges granted are conducive to

156-1 revenue generation and providing high quality service to

156-2 the traveling public.

156-3 2. Before entering into any concession agreement

156-4 providing estimated revenue to the authority of more than

156-5 $25,000, the Authority must:

156-6 (a) Comply with the bidding requirements of the Local

156-7 Government Purchasing Act [;] except the provisions of

156-8 subsection 3 of NRS 332.105; or

156-9 (b) Publish notice of its intention to enter the

156-10 agreement in a newspaper of general circulation in the

156-11 county at least three times during a period of 10 days. The

156-12 notice must specify the date, time and place of a regular

156-13 meeting of the Authority to be held after completion of the

156-14 publication at which any interested person may appear.

156-15 3. The board may authorize the executive director of

156-16 the authority to enter into any concession agreement on

156-17 behalf of the authority if the agreement provides estimated

156-18 revenue to the authority of $25,000 or less. Such an

156-19 agreement is not subject to the provisions of subsection 2.

156-20 Sec. 67. 1. Sections 3, 4, 15, 16, 17 and 18 of chapter 410,

156-21 Statutes of Nevada 2001, at pages 2010, 2011 and 2022, are hereby

156-22 amended to read respectively as follows:

156-23 Sec. 3. NRS 338.143 is hereby amended to read as

156-24 follows:

156-25 338.143 1. Except as otherwise provided in subsection

156-26 [6,] 7, a local government that awards a contract for the

156-27 construction, alteration or repair of a public work in

156-28 accordance with paragraph (b) of subsection 1 of NRS

156-29 338.1373, or a public officer, public employee or other person

156-30 responsible for awarding a contract for the construction,

156-31 alteration or repair of a public work who represents that local

156-32 government, shall not:

156-33 (a) Commence such a project for which the estimated cost

156-34 exceeds $100,000 unless it advertises in a newspaper of

156-35 general circulation in this state for bids for the project; or

156-36 (b) Divide such a project into separate portions to avoid

156-37 the requirements of paragraph (a).

156-38 2. Except as otherwise provided in subsection [6,] 7, a

156-39 local government that maintains a list of properly licensed

156-40 contractors who are interested in receiving offers to bid on

156-41 public works projects for which the estimated cost is more

156-42 than $25,000 but less than $100,000 shall solicit bids from

156-43 not more than three of the contractors on the list for a contract

156-44 of that value for the construction, alteration or repair of a

156-45 public work. The local government shall select contractors

157-1 from the list in such a manner as to afford each contractor an

157-2 equal opportunity to bid on a public works project. A

157-3 properly licensed contractor must submit a written request

157-4 annually to the local government to remain on the list. Offers

157-5 for bids which are made pursuant to this subsection must be

157-6 sent by certified mail.

157-7 3. Approved plans and specifications for the bids must

157-8 be on file at a place and time stated in the advertisement for

157-9 the inspection of all persons desiring to bid thereon and for

157-10 other interested persons. Contracts for the project must be

157-11 awarded on the basis of bids received.

157-12 4. Any bids received in response to an advertisement for

157-13 bids may be rejected if the person responsible for awarding

157-14 the contract determines that:

157-15 (a) The bidder is not responsive or responsible;

157-16 (b) The quality of the services, materials, equipment or

157-17 labor offered does not conform to the approved plan or

157-18 specifications; or

157-19 (c) The public interest would be served by such a

157-20 rejection.

157-21 5. Before a local government may commence a project

157-22 subject to the provisions of this section, based upon a

157-23 determination that the public interest would be served by

157-24 rejecting any bids received in response to an advertisement

157-25 for bids, it shall prepare and make available for public

157-26 inspection a written statement containing:

157-27 (a) A list of all persons, including supervisors, whom the

157-28 local government intends to assign to the project, together

157-29 with their classifications and an estimate of the direct and

157-30 indirect costs of their labor;

157-31 (b) A list of all equipment that the local government

157-32 intends to use on the project, together with an estimate of the

157-33 number of hours each item of equipment will be used and the

157-34 hourly cost to use each item of equipment;

157-35 (c) An estimate of the cost of administrative support for

157-36 the persons assigned to the project;

157-37 (d) An estimate of the total cost of the project; and

157-38 (e) An estimate of the amount of money the local

157-39 government expects to save by rejecting the bids and

157-40 performing the project itself.

157-41 6. In preparing the estimated cost of a project pursuant

157-42 to subsection 5, a local government must include the fair

157-43 market value of, or, if known, the actual cost of, all

157-44 materials, supplies, labor and equipment to be used for the

157-45 project.

158-1 7. This section does not apply to:

158-2 (a) Any utility subject to the provisions of chapter 318 or

158-3 710 of NRS;

158-4 (b) Any work of construction, reconstruction,

158-5 improvement and maintenance of highways subject to NRS

158-6 408.323 or 408.327;

158-7 (c) Normal maintenance of the property of a school

158-8 district; [or]

158-9 (d) The Las Vegas Valley water district created pursuant

158-10 to chapter 167, Statutes of Nevada 1947, the Moapa Valley

158-11 water district created pursuant to chapter 477, Statutes of

158-12 Nevada 1983 or the Virgin Valley water district created

158-13 pursuant to chapter 100, Statutes of Nevada 1993 [.] ; or

158-14 (e) The design and construction of a public work for

158-15 which a public body contracts with a design-build team

158-16 pursuant to NRS 338.1711 to 338.1727, inclusive.

158-17 Sec. 4. NRS 338.147 is hereby amended to read as

158-18 follows:

158-19 338.147 1. Except as otherwise provided in NRS

158-20 338.143 and 338.1711 to 338.1727, inclusive, a local

158-21 government shall award a contract for a public work to the

158-22 contractor who submits the best bid.

158-23 2. Except as otherwise provided in subsection 10 or

158-24 limited by subsection 11, for the purposes of this section, a

158-25 contractor who:

158-26 (a) Has been found to be a responsible and responsive

158-27 contractor by the local government; and

158-28 (b) At the time he submits his bid, provides to the local

158-29 government a copy of a certificate of eligibility to receive a

158-30 preference in bidding on public works issued to him by the

158-31 state contractors’ board pursuant to subsection 3 or 4,

158-32 shall be deemed to have submitted a better bid than a

158-33 competing contractor who has not provided a copy of such a

158-34 valid certificate of eligibility if the amount of his bid is not

158-35 more than 5 percent higher than the amount bid by the

158-36 competing contractor.

158-37 3. The state contractors’ board shall issue a certificate of

158-38 eligibility to receive a preference in bidding on public works

158-39 to a general contractor who is licensed pursuant to the

158-40 provisions of chapter 624 of NRS and submits to the board an

158-41 affidavit from a certified public accountant setting forth that

158-42 the general contractor has, while licensed as a general

158-43 contractor in this state:

158-44 (a) Paid directly, on his own behalf:

159-1 (1) The sales and use taxes imposed pursuant to

159-2 chapters 372, 374 and 377 of NRS on materials used for

159-3 construction in this state, including, without limitation,

159-4 construction that is undertaken or carried out on land within

159-5 the boundaries of this state that is managed by the Federal

159-6 Government or is on an Indian reservation or Indian colony,

159-7 of not less than $5,000 for each consecutive 12-month period

159-8 for 60 months immediately preceding the submission of the

159-9 affidavit from the certified public accountant;

159-10 (2) The governmental services tax imposed pursuant to

159-11 chapter 371 of NRS on the vehicles used in the operation of

159-12 his business in this state of not less than $5,000 for each

159-13 consecutive 12-month period for 60 months immediately

159-14 preceding the submission of the affidavit from the certified

159-15 public accountant; or

159-16 (3) Any combination of such sales and use taxes and

159-17 governmental services tax; or

159-18 (b) Acquired, by purchase, inheritance, gift or transfer

159-19 through a stock option plan, all the assets and liabilities of a

159-20 viable, operating construction firm that possesses a:

159-21 (1) License as a general contractor pursuant to the

159-22 provisions of chapter 624 of NRS; and

159-23 (2) Certificate of eligibility to receive a preference in

159-24 bidding on public works.

159-25 4. The state contractors’ board shall issue a certificate of

159-26 eligibility to receive a preference in bidding on public works

159-27 to a specialty contractor who is licensed pursuant to the

159-28 provisions of chapter 624 of NRS and submits to the board an

159-29 affidavit from a certified public accountant setting forth that

159-30 the specialty contractor has, while licensed as a specialty

159-31 contractor in this state:

159-32 (a) Paid directly, on his own behalf:

159-33 (1) The sales and use taxes pursuant to chapters 372,

159-34 374 and 377 of NRS on materials used for construction in this

159-35 state, including, without limitation, construction that is

159-36 undertaken or carried out on land within the boundaries of

159-37 this state that is managed by the Federal Government or is on

159-38 an Indian reservation or Indian colony, of not less than $5,000

159-39 for each consecutive 12-month period for 60 months

159-40 immediately preceding the submission of the affidavit from

159-41 the certified public accountant;

159-42 (2) The governmental services tax imposed pursuant to

159-43 chapter 371 of NRS on the vehicles used in the operation of

159-44 his business in this state of not less than $5,000 for each

159-45 consecutive 12-month period for 60 months immediately

160-1 preceding the submission of the affidavit from the certified

160-2 public accountant; or

160-3 (3) Any combination of such sales and use taxes and

160-4 governmental services tax; or

160-5 (b) Acquired, by purchase, inheritance, gift or transfer

160-6 through a stock option plan, all the assets and liabilities of a

160-7 viable, operating construction firm that possesses a:

160-8 (1) License as a specialty contractor pursuant to the

160-9 provisions of chapter 624 of NRS; and

160-10 (2) Certificate of eligibility to receive a preference in

160-11 bidding on public works.

160-12 5. For the purposes of complying with the requirements

160-13 set forth in paragraph (a) of subsection 3 and paragraph (a) of

160-14 subsection 4, a contractor shall be deemed to have paid:

160-15 (a) Sales and use taxes and governmental services taxes

160-16 that were paid in this state by an affiliate or parent company

160-17 of the contractor, if the affiliate or parent company is also a

160-18 general contractor or specialty contractor, as applicable; and

160-19 (b) Sales and use taxes that were paid in this state by a

160-20 joint venture in which the contractor is a participant, in

160-21 proportion to the amount of interest the contractor has in the

160-22 joint venture.

160-23 6. A contractor who has received a certificate of

160-24 eligibility to receive a preference in bidding on public works

160-25 from the state contractors’ board pursuant to subsection 3 or 4

160-26 shall, at the time for the annual renewal of his contractor’s

160-27 license pursuant to NRS 624.283, submit to the board an

160-28 affidavit from a certified public accountant setting forth that

160-29 the contractor has, during the immediately preceding 12

160-30 months, paid the taxes required pursuant to paragraph (a) of

160-31 subsection 3 or paragraph (a) of subsection 4, as applicable,

160-32 to maintain his eligibility to hold such a certificate.

160-33 7. A contractor who fails to submit an affidavit to the

160-34 board pursuant to subsection 6 ceases to be eligible to receive

160-35 a preference in bidding on public works unless he reapplies

160-36 for and receives a certificate of eligibility pursuant to

160-37 subsection 3 or 4, as applicable.

160-38 8. If a contractor holds more than one contractor’s

160-39 license, he must submit a separate application for each license

160-40 pursuant to which he wishes to qualify for a preference in

160-41 bidding. Upon issuance, the certificate of eligibility to receive

160-42 a preference in bidding on public works becomes part of the

160-43 contractor’s license for which the contractor submitted the

160-44 application.

161-1 9. If a contractor who applies to the state contractors’

161-2 board for a certificate of eligibility to receive a preference in

161-3 bidding on public works submits false information to the

161-4 board regarding the required payment of taxes, the contractor

161-5 is not eligible to receive a preference in bidding on public

161-6 works for a period of 5 years after the date on which the

161-7 board becomes aware of the submission of the false

161-8 information.

161-9 10. If any federal statute or regulation precludes the

161-10 granting of federal assistance or reduces the amount of that

161-11 assistance for a particular public work because of the

161-12 provisions of subsection 2, those provisions do not apply

161-13 insofar as their application would preclude or reduce federal

161-14 assistance for that work. The provisions of subsection 2 do

161-15 not apply to any contract for a public work which is expected

161-16 to cost less than $250,000.

161-17 11. [Except as otherwise provided in subsection 2 of

161-18 NRS 338.1727 and subsection 2 of NRS 408.3886 if] If a bid

161-19 is submitted by two or more contractors as a joint venture or

161-20 by one of them as a joint venturer, the provisions of

161-21 subsection 2 apply only if both or all of the joint venturers

161-22 separately meet the requirements of that subsection.

161-23 12. The state contractors’ board shall adopt regulations

161-24 and may assess reasonable fees relating to the certification of

161-25 contractors for a preference in bidding on public works.

161-26 13. A person or entity who believes that a contractor

161-27 wrongfully holds a certificate of eligibility to receive a

161-28 preference in bidding on public works may challenge the

161-29 validity of the certificate by filing a written objection with the

161-30 public body to which the contractor has submitted a bid or

161-31 proposal on a contract for the completion of a public work. A

161-32 written objection authorized pursuant to this subsection must:

161-33 (a) Set forth proof or substantiating evidence to support

161-34 the belief of the person or entity that the contractor

161-35 wrongfully holds a certificate of eligibility to receive a

161-36 preference in bidding on public works; and

161-37 (b) Be filed with the public body at or after the time at

161-38 which the contractor submitted the bid or proposal to the

161-39 public body and before the time at which the public body

161-40 awards the contract for which the bid or proposal was

161-41 submitted.

161-42 14. If a public body receives a written objection pursuant

161-43 to subsection 13, the public body shall determine whether the

161-44 objection is accompanied by the proof or substantiating

161-45 evidence required pursuant to paragraph (a) of that

162-1 subsection. If the public body determines that the objection is

162-2 not accompanied by the required proof or substantiating

162-3 evidence, the public body shall dismiss the objection and may

162-4 proceed immediately to award the contract. If the public body

162-5 determines that the objection is accompanied by the required

162-6 proof or substantiating evidence, the public body shall

162-7 determine whether the contractor qualifies for the certificate

162-8 pursuant to the provisions of this section and may proceed to

162-9 award the contract accordingly.

162-10 Sec. 15. Section 21 of [Assembly Bill No. 298 of the

162-11 1999 session] chapter 471, Statutes of Nevada 1999, as last

162-12 amended by section [35.6] 134 of chapter [627,] 10, Statutes

162-13 of Nevada [1999,] 2001, at page [3497,] 252, is hereby

162-14 amended to read as follows:

162-15 Sec. 21. 1. This section and sections 2 to 8,

162-16 inclusive, 10 to 14, inclusive, and 16 to [19, inclusive,

162-17 and] 20 , inclusive, of this act become effective on

162-18 October 1, 1999.

162-19 2. [Sections 19.2 and 19.6 of this act become

162-20 effective on October 1, 2003.

162-21 3. Section 19.4 of this act becomes effective on May

162-22 1, 2013.

162-23 4.] Section 15 of this act becomes effective at 12:01

162-24 a.m. on May 1, 2013.

162-25 [5.] 3. Sections 14, 18 and 19 of this act expire by

162-26 limitation on May 1, 2013.

162-27 Sec. 16. Section 38 of chapter 627, Statutes of Nevada

162-28 1999, as amended by section 134 of chapter 10, Statutes of

162-29 Nevada 2001, at page [3504,] 252, is hereby amended to read

162-30 as follows:

162-31 Sec. 38. 1. This section and sections [35.4,] 35.6

162-32 and 35.9 of this act, and [subsection] subsections 2 and 3

162-33 of section 36 of this act, become effective on

162-34 September 30, 1999.

162-35 2. [Subsection 2] Sections 1 to 9, inclusive, and 14 to

162-36 35, inclusive, of this act and subsection 1 of section 36 of

162-37 this act [becomes] become effective on October 1, 1999.

162-38 3. [Sections 1 to 9, inclusive, 14 to 35, inclusive, and]

162-39 Section 37 of this act [, and subsection 1 of section 36 of

162-40 this act, become] becomes effective on October 1, 1999,

162-41 and [expire] expires by limitation on October 1, 2003.

163-1 4. [Section] Sections 10, 13 and 35.8 of this act

163-2 [becomes] become effective at 12:01 a.m. on October 1,

163-3 1999.

163-4 5. [Sections 10 and 35.8 of this act become effective

163-5 at 12:01 a.m. on October 1, 1999, and expire by limitation

163-6 on October 1, 2003.

163-7 6.] Section 11 of this act becomes effective at 12:01

163-8 a.m. on October 1, 1999, and expires by limitation on

163-9 May 1, 2013.

163-10 [7. Section 13.5 of this act becomes effective on

163-11 October 1, 2003.

163-12 8. Section 35.2 of this act becomes effective on

163-13 October 1, 2003 and expires by limitation on May 1, 2013.

163-14 9.] 6. Section 12 of this act becomes effective at

163-15 12:02 a.m. on May 1, 2013.

163-16 Sec. 17. 1. Sections [12,] 13.5, 35.2 and 35.4 of

163-17 chapter 627, Statutes of Nevada 1999, at pages [3476,] 3479,

163-18 3490 and 3491, respectively, are hereby repealed.

163-19 2. Sections 25 and 27 of chapter 13, Statutes of Nevada

163-20 2001, at pages 298 and 302, respectively, section 2 of

163-21 chapter 259, Statutes of Nevada 2001, at page 1145, section

163-22 3 of chapter 279, Statutes of Nevada 2001, at page 1271,

163-23 section 10 of chapter 397, Statutes of Nevada 2001, at page

163-24 1918, and sections 6, 9 and 12 of chapter 448, Statutes of

163-25 Nevada 2001, at pages 2261, 2265 and 2272, respectively,

163-26 are hereby repealed.

163-27 Sec. 18. 1. This section and [sections] section 16.1 of

163-28 this act become effective on April 1, 2001.

163-29 2. Sections 16.2 to 16.6, inclusive, of this act and

163-30 subsection 2 of section 17 of this act become effective on

163-31 June 15, 2001.

163-32 3. Sections 5 to [17,] 16, inclusive, of this act and

163-33 subsection 1 of section 17 of this act become effective on

163-34 July 1, 2001.

163-35 [2. Sections 2 and 4]

163-36 4. Section 2 of this act [become] becomes effective at

163-37 12:01 a.m. on July 1, 2001.

163-38 [3.] 5. Section 4 of this act becomes effective at 12:02

163-39 a.m. on July 1, 2001.

163-40 6. Section 1 of this act becomes effective on May 1,

163-41 2013.

163-42 [4.] 7. Section 3 of this act becomes effective at 12:03

163-43 a.m. on May 1, 2013.

164-1 2. Chapter 410, Statutes of Nevada 2001, at page 2022, is

164-2 hereby amended by adding thereto new sections to be designated as

164-3 sections 16.1, 16.2, 16.3, 16.4, 16.5 and 16.6, immediately

164-4 following section 16, to read respectively as follows:

164-5 Sec. 16.1. Section 134 of chapter 10, Statutes of Nevada

164-6 2001, at page 252, is hereby amended to read as follows:

164-7 Sec. 134. 1. Sections 5, 6, 11, 12, 13, 24, 25, 27,

164-8 35.2, 35.6, 35.8, 36 and 38 of chapter 627, Statutes of

164-9 Nevada 1999, at pages 3469, 3470, 3474, 3476, 3477,

164-10 3484, 3485, 3490, 3497, 3503 and 3504, are hereby

164-11 amended to read respectively as follows:

164-12 Sec. 5. 1. A public body shall advertise for

164-13 preliminary proposals for the design and construction

164-14 of a public work by a design-build team at least twice

164-15 each week for 3 consecutive weeks in:

164-16 (a) A newspaper of general circulation published

164-17 in the county in which the public work is proposed to

164-18 be constructed or, if there is no such newspaper, in a

164-19 newspaper of general circulation in the county

164-20 published in this state; and

164-21 (b) A newspaper of general circulation in this

164-22 state.

164-23 2. A request for preliminary proposals published

164-24 pursuant to subsection 1 must include, without

164-25 limitation:

164-26 (a) A description of the public work to be designed

164-27 and constructed;

164-28 (b) Separate estimates of the costs of designing

164-29 and constructing the public work;

164-30 (c) The dates on which it is anticipated that the

164-31 separate phases of the design and construction of the

164-32 public work will begin and end;

164-33 (d) A statement setting forth the place and time in

164-34 which a design-build team desiring to submit a

164-35 proposal for the public work may obtain the

164-36 information necessary to submit a proposal,

164-37 including, without limitation, the extent to which

164-38 designs must be completed for both preliminary and

164-39 final proposals and any other requirements for the

164-40 design and construction of the public work that the

164-41 public body determines to be necessary;

164-42 (e) A list of the requirements set forth in section 6

164-43 of this act;

164-44 (f) A list of the factors that the public body will

164-45 use to evaluate design-build teams who submit a

165-1 proposal for the public work, including, without

165-2 limitation:

165-3 (1) The relative weight to be assigned to each

165-4 factor; and

165-5 (2) A disclosure of whether the factors that are

165-6 not related to cost are, when considered as a group,

165-7 more or less important in the process of evaluation

165-8 than the factor of cost;

165-9 (g) Notice that a design-build team desiring to

165-10 submit a proposal for the public work must include

165-11 with its proposal the information used by the public

165-12 body to determine finalists among the design-build

165-13 teams submitting proposals pursuant to subsection 2

165-14 of section 7 of this act and a description of that

165-15 information;

165-16 (h) A statement that a design-build team whose

165-17 prime contractor holds a certificate of eligibility to

165-18 receive a preference in bidding on public works

165-19 issued pursuant to NRS 338.147 or section 11 of

165-20 Assembly Bill No. 298 of this session should submit a

165-21 copy of the certificate of eligibility with its proposal;

165-22 (i) A statement as to whether a design-build team

165-23 that is selected as a finalist pursuant to section 7 of

165-24 this act but is not awarded the design-build contract

165-25 pursuant to section 8 of this act will be partially

165-26 reimbursed for the cost of preparing a final proposal

165-27 and, if so, an estimate of the amount of the partial

165-28 reimbursement; and

165-29 (j) The date by which preliminary proposals must

165-30 be submitted to the public body, which must not be

165-31 less than 30 days or more than 60 days after the date

165-32 on which the request for preliminary proposals is first

165-33 published in a newspaper pursuant to subsection 1.

165-34 Sec. 6. To qualify to participate in a project for

165-35 the design and construction of a public work, a

165-36 design-build team must:

165-37 1. Obtain a performance bond and payment

165-38 bond as required pursuant to NRS 339.025;

165-39 2. Obtain insurance covering general liability

165-40 and liability for errors and omissions;

165-41 3. Not have been found liable for breach of

165-42 contract with respect to a previous project, other than

165-43 a breach for legitimate cause;

165-44 4. Not have been disqualified from being

165-45 awarded a contract pursuant to NRS 338.017,

166-1 338.145 or 408.333 or section 10 of Assembly Bill No.

166-2 298 of this session; and

166-3 5. Ensure that the members of the design-build

166-4 team possess the licenses and certificates required to

166-5 carry out the functions of their respective professions

166-6 within this state.

166-7 Sec. 11. NRS 338.143 is hereby amended to read

166-8 as follows:

166-9 338.143 1. Except as otherwise provided in

166-10 subsection 6 and NRS 338.1907, a local government

166-11 that awards a contract for the construction, alteration or

166-12 repair of a public work in accordance with paragraph

166-13 (b) of subsection 1 of section 2 of [this act,] Assembly

166-14 Bill No. 298 of this session, or a public officer, public

166-15 employee or other person responsible for awarding a

166-16 contract for the construction, alteration or repair of a

166-17 public work who represents that local government,

166-18 shall not:

166-19 (a) Commence such a project for which the

166-20 estimated cost exceeds $100,000 unless it advertises in

166-21 a newspaper of general circulation in this state for bids

166-22 for the project; or

166-23 (b) Divide such a project into separate portions to

166-24 avoid the requirements of paragraph (a).

166-25 2. Except as otherwise provided in subsection 6, a

166-26 local government that maintains a list of properly

166-27 licensed contractors who are interested in receiving

166-28 offers to bid on public works projects for which the

166-29 estimated cost is more than $25,000 but less than

166-30 $100,000 shall solicit bids from not more than three of

166-31 the contractors on the list for a contract of that value

166-32 for the construction, alteration or repair of a public

166-33 work. The local government shall select contractors

166-34 from the list in such a manner as to afford each

166-35 contractor an equal opportunity to bid on a public

166-36 works project. A properly licensed contractor must

166-37 submit a written request annually to the local

166-38 government to remain on the list. Offers for bids which

166-39 are made pursuant to this subsection must be sent by

166-40 certified mail.

166-41 3. Approved plans and specifications for the bids

166-42 must be on file at a place and time stated in the

166-43 advertisement for the inspection of all persons desiring

166-44 to bid thereon and for other interested persons.

167-1 Contracts for the project must be awarded on the basis

167-2 of bids received.

167-3 4. Any bids received in response to an

167-4 advertisement for bids may be rejected if the person

167-5 responsible for awarding the contract determines that:

167-6 (a) The bidder is not responsive or responsible;

167-7 (b) The quality of the services, materials,

167-8 equipment or labor offered does not conform to the

167-9 approved plan or specifications; or

167-10 (c) The public interest would be served by such a

167-11 rejection.

167-12 5. Before a local government may commence a

167-13 project subject to the provisions of this section, based

167-14 upon a determination that the public interest would be

167-15 served by rejecting any bids received in response to an

167-16 advertisement for bids, it shall prepare and make

167-17 available for public inspection a written statement

167-18 containing:

167-19 (a) A list of all persons, including supervisors,

167-20 whom the local government intends to assign to the

167-21 project, together with their classifications and an

167-22 estimate of the direct and indirect costs of their labor;

167-23 (b) A list of all equipment that the local

167-24 government intends to use on the project, together with

167-25 an estimate of the number of hours each item of

167-26 equipment will be used and the hourly cost to use each

167-27 item of equipment;

167-28 (c) An estimate of the cost of administrative

167-29 support for the persons assigned to the project;

167-30 (d) An estimate of the total cost of the project; and

167-31 (e) An estimate of the amount of money the local

167-32 government expects to save by rejecting the bids and

167-33 performing the project itself.

167-34 6. This section does not apply to:

167-35 (a) Any utility subject to the provisions of chapter

167-36 318 or 710 of NRS;

167-37 (b) Any work of construction, reconstruction,

167-38 improvement and maintenance of highways subject to

167-39 NRS 408.323 or 408.327;

167-40 (c) Normal maintenance of the property of a school

167-41 district; [or]

167-42 (d) The Las Vegas Valley water district created

167-43 pursuant to chapter 167, Statutes of Nevada 1947 [.] ,

167-44 the Moapa Valley water district created pursuant to

167-45 chapter 477, Statutes of Nevada 1983 or the Virgin

168-1 Valley water district created pursuant to chapter 100,

168-2 Statutes of Nevada 1993; or

168-3 (e) The design and construction of a public work

168-4 for which a public body contracts with a design-build

168-5 team pursuant to sections 2 to 9, inclusive, of this act.

168-6 Sec. 12. NRS 338.143 is hereby amended to read

168-7 as follows:

168-8 338.143 1. Except as otherwise provided in

168-9 subsection 6, a local government that awards a contract

168-10 for the construction, alteration or repair of a public

168-11 work in accordance with paragraph (b) of subsection 1

168-12 of section 2 of [this act,] Assembly Bill No. 298 of this

168-13 session, or a public officer, public employee or other

168-14 person responsible for awarding a contract for the

168-15 construction, alteration or repair of a public work who

168-16 represents that local government, shall not:

168-17 (a) Commence such a project for which the

168-18 estimated cost exceeds $100,000 unless it advertises in

168-19 a newspaper of general circulation in this state for bids

168-20 for the project; or

168-21 (b) Divide such a project into separate portions to

168-22 avoid the requirements of paragraph (a).

168-23 2. Except as otherwise provided in subsection 6, a

168-24 local government that maintains a list of properly

168-25 licensed contractors who are interested in receiving

168-26 offers to bid on public works projects for which the

168-27 estimated cost is more than $25,000 but less than

168-28 $100,000 shall solicit bids from not more than three of

168-29 the contractors on the list for a contract of that value

168-30 for the construction, alteration or repair of a public

168-31 work. The local government shall select contractors

168-32 from the list in such a manner as to afford each

168-33 contractor an equal opportunity to bid on a public

168-34 works project. A properly licensed contractor must

168-35 submit a written request annually to the local

168-36 government to remain on the list. Offers for bids which

168-37 are made pursuant to this subsection must be sent by

168-38 certified mail.

168-39 3. Approved plans and specifications for the bids

168-40 must be on file at a place and time stated in the

168-41 advertisement for the inspection of all persons desiring

168-42 to bid thereon and for other interested persons.

168-43 Contracts for the project must be awarded on the basis

168-44 of bids received.

169-1 4. Any bids received in response to an

169-2 advertisement for bids may be rejected if the person

169-3 responsible for awarding the contract determines that:

169-4 (a) The bidder is not responsive or responsible;

169-5 (b) The quality of the services, materials,

169-6 equipment or labor offered does not conform to the

169-7 approved plan or specifications; or

169-8 (c) The public interest would be served by such a

169-9 rejection.

169-10 5. Before a local government may commence a

169-11 project subject to the provisions of this section, based

169-12 upon a determination that the public interest would be

169-13 served by rejecting any bids received in response to an

169-14 advertisement for bids, it shall prepare and make

169-15 available for public inspection a written statement

169-16 containing:

169-17 (a) A list of all persons, including supervisors,

169-18 whom the local government intends to assign to the

169-19 project, together with their classifications and an

169-20 estimate of the direct and indirect costs of their labor;

169-21 (b) A list of all equipment that the local

169-22 government intends to use on the project, together with

169-23 an estimate of the number of hours each item of

169-24 equipment will be used and the hourly cost to use each

169-25 item of equipment;

169-26 (c) An estimate of the cost of administrative

169-27 support for the persons assigned to the project;

169-28 (d) An estimate of the total cost of the project; and

169-29 (e) An estimate of the amount of money the local

169-30 government expects to save by rejecting the bids and

169-31 performing the project itself.

169-32 6. This section does not apply to:

169-33 (a) Any utility subject to the provisions of chapter

169-34 318 or 710 of NRS;

169-35 (b) Any work of construction, reconstruction,

169-36 improvement and maintenance of highways subject to

169-37 NRS 408.323 or 408.327;

169-38 (c) Normal maintenance of the property of a school

169-39 district; or

169-40 (d) The Las Vegas Valley water district created

169-41 pursuant to chapter 167, Statutes of Nevada 1947 [.] ,

169-42 the Moapa Valley water district created pursuant to

169-43 chapter 477, Statutes of Nevada 1983 or the Virgin

169-44 Valley water district created pursuant to chapter 100,

169-45 Statutes of Nevada 1993.

170-1 Sec. 13. NRS 338.147 is hereby amended to read

170-2 as follows:

170-3 338.147 1. [A] Except as otherwise provided in

170-4 NRS 338.143 and sections 2 to 9, inclusive, of this act,

170-5 a local government shall award a contract for a public

170-6 work to the contractor who submits the best bid.

170-7 2. Except as otherwise provided in subsection [4]

170-8 8 or limited by subsection [5,] 9, for the purposes of

170-9 this section, a contractor who:

170-10 (a) Has been found to be a responsible and

170-11 responsive contractor by the local government; and

170-12 (b) At the time he submits his bid, provides to the

170-13 local government [proof of the payment of:] a copy of

170-14 a certificate of eligibility to receive a preference in

170-15 bidding on public works issued to him by the state

170-16 contractors’ board pursuant to subsection 3,

170-17 shall be deemed to have submitted a better bid than a

170-18 competing contractor who has not provided a copy of

170-19 such a valid certificate of eligibility if the amount of

170-20 his bid is not more than 5 percent higher than the

170-21 amount bid by the competing contractor.

170-22 3. The state contractors’ board shall issue a

170-23 certificate of eligibility to receive a preference in

170-24 bidding on public works to a general contractor who

170-25 is licensed pursuant to the provisions of chapter 624

170-26 of NRS and submits to the board an affidavit from a

170-27 certified public accountant setting forth that the

170-28 general contractor has:

170-29 (a) Paid:

170-30 (1) The sales and use taxes imposed pursuant to

170-31 chapters 372, 374 and 377 of NRS on materials used

170-32 for construction in this state, including, without

170-33 limitation, construction that is undertaken or carried

170-34 out on land within the boundaries of this state that is

170-35 managed by the Federal Government or is on an

170-36 Indian reservation or Indian colony, of not less than

170-37 $5,000 for each consecutive 12-month period for 60

170-38 months immediately preceding the submission of [his

170-39 bid;] the affidavit from the certified public

170-40 accountant;

170-41 (2) The motor vehicle privilege tax imposed

170-42 pursuant to chapter 371 of NRS on the vehicles used in

170-43 the operation of his business in this state of not less

170-44 than $5,000 for each consecutive 12-month period for

170-45 60 months immediately preceding the submission of

171-1 [his bid;] the affidavit from the certified public

171-2 accountant; or

171-3 (3) Any combination of such sales and use taxes

171-4 and motor vehicle privilege tax [,

171-5 shall be deemed to have submitted a better bid than a

171-6 competing contractor who has not provided proof of

171-7 the payment of those taxes if the amount of his bid is

171-8 not more than 5 percent higher than the amount bid by

171-9 the competing contractor.

171-10 3. A contractor who has previously provided the

171-11 local government awarding a contract with the proof of

171-12 payment required pursuant to subsection 2 may update

171-13 such proof on or before April 1, July 1, September 1

171-14 and December 1 rather than with each bid.

171-15 4.] ; or

171-16 (b) Acquired, by inheritance, gift or transfer

171-17 through a stock option plan for employees, all the

171-18 assets and liabilities of a viable, operating

171-19 construction firm that possesses a:

171-20 (1) License as a general contractor pursuant to

171-21 the provisions of chapter 624 of NRS; and

171-22 (2) Certificate of eligibility to receive a

171-23 preference in bidding on public works.

171-24 4. For the purposes of complying with the

171-25 requirements set forth in paragraph (a) of subsection

171-26 3, a general contractor shall be deemed to have paid:

171-27 (a) Sales and use taxes and motor vehicle

171-28 privilege taxes paid in this state by an affiliate or

171-29 parent company of the contractor, if the affiliate or

171-30 parent company is also a general contractor; and

171-31 (b) Sales and use taxes paid in this state by a joint

171-32 venture in which the contractor is a participant, in

171-33 proportion to the amount of interest the contractor

171-34 has in the joint venture.

171-35 5. A contractor who has received a certificate of

171-36 eligibility to receive a preference in bidding on public

171-37 works from the state contractors’ board pursuant to

171-38 subsection 3 shall, at the time for the annual renewal

171-39 of his contractors’ license pursuant to NRS 624.283,

171-40 submit to the board an affidavit from a certified

171-41 public accountant setting forth that the contractor

171-42 has, during the immediately preceding 12 months,

171-43 paid the taxes required pursuant to paragraph (a) of

171-44 subsection 3 to maintain his eligibility to hold such a

171-45 certificate.

172-1 6. A contractor who fails to submit an affidavit

172-2 to the board pursuant to subsection 5 ceases to be

172-3 eligible to receive a preference in bidding on public

172-4 works unless he reapplies for and receives a

172-5 certificate of eligibility pursuant to subsection 3.

172-6 7. If a contractor who applies to the state

172-7 contractors’ board for a certificate of eligibility to

172-8 receive a preference in bidding on public works

172-9 submits false information to the Board regarding the

172-10 required payment of taxes, the contractor is not

172-11 eligible to receive a preference in bidding on public

172-12 works for a period of 5 years after the date on which

172-13 the board becomes aware of the submission of the

172-14 false information.

172-15 8. If any federal statute or regulation precludes the

172-16 granting of federal assistance or reduces the amount of

172-17 that assistance for a particular public work because of

172-18 the provisions of subsection 2, those provisions do not

172-19 apply insofar as their application would preclude or

172-20 reduce federal assistance for that work. The provisions

172-21 of subsection 2 do not apply to any contract for a

172-22 public work which is expected to cost less than

172-23 $250,000.

172-24 [5.] 9. Except as otherwise provided in subsection

172-25 [6,] 2 of section 8 of this act and subsection 2 of

172-26 section 27 of this act, if a bid is submitted by two or

172-27 more contractors as a joint venture or by one of them

172-28 as a joint venturer, the provisions of subsection 2 apply

172-29 only if both or all of the joint venturers separately meet

172-30 the requirements of that subsection.

172-31 [6. Except as otherwise provided in subsection 8,

172-32 if a bid is submitted by a joint venture and one or more

172-33 of the joint venturers has responsibility for the

172-34 performance of the contract as described in subsection

172-35 7, the provisions of subsection 2 apply only to those

172-36 joint venturers who have such responsibility.

172-37 7. For the purposes of subsection 6, a joint

172-38 venturer has responsibility for the performance of a

172-39 contract if he has at least one of the following duties or

172-40 obligations delegated to him in writing in the contract

172-41 creating the joint venture:

172-42 (a) Supplying the labor necessary to perform the

172-43 contract and paying the labor and any related taxes and

172-44 benefits;

173-1 (b) Supplying the equipment necessary to perform

173-2 the contract and paying any charges related to the

173-3 equipment;

173-4 (c) Contracting with and making payments to any

173-5 subcontractors; or

173-6 (d) Performing the recordkeeping for the joint

173-7 venture and making any payments to persons who

173-8 provide goods or services related to the performance of

173-9 the contract.

173-10 8. The provisions of subsection 6 do not apply to

173-11 a joint venture which is formed for the sole purpose of

173-12 circumventing any of the requirements of this section.]

173-13 10. The state contractors’ board shall adopt

173-14 regulations and may assess reasonable fees relating

173-15 to the certification of contractors for a preference in

173-16 bidding on public works.

173-17 11. A person or entity who believes that a

173-18 contractor wrongfully holds a certificate of eligibility

173-19 to receive a preference in bidding on public works

173-20 may challenge the validity of the certificate by filing a

173-21 written objection with the public body to which the

173-22 contractor has submitted a bid or proposal on a

173-23 contract for the completion of a public work. A

173-24 written objection authorized pursuant to this

173-25 subsection must:

173-26 (a) Set forth proof or substantiating evidence to

173-27 support the belief of the person or entity that the

173-28 contractor wrongfully holds a certificate of eligibility

173-29 to receive a preference in bidding on public works;

173-30 and

173-31 (b) Be filed with the public body at or after the

173-32 time at which the contractor submitted the bid or

173-33 proposal to the public body and before the time at

173-34 which the public body awards the contract for which

173-35 the bid or proposal was submitted.

173-36 12. If a public body receives a written objection

173-37 pursuant to subsection 11, the public body shall

173-38 determine whether the objection is accompanied by

173-39 the proof or substantiating evidence required

173-40 pursuant to paragraph (a) of that subsection. If the

173-41 public body determines that the objection is not

173-42 accompanied by the required proof or substantiating

173-43 evidence, the public body shall dismiss the objection

173-44 and may proceed immediately to award the contract.

173-45 If the public body determines that the objection is

174-1 accompanied by the required proof or substantiating

174-2 evidence, the public body shall determine whether the

174-3 contractor qualifies for the certificate pursuant to the

174-4 provisions of this section and may proceed to award

174-5 the contract accordingly.

174-6 Sec. 24. 1. The department shall advertise for

174-7 preliminary proposals for the design and construction

174-8 of a project by a design-build team at least twice each

174-9 week for 3 consecutive weeks in:

174-10 (a) A newspaper of general circulation published

174-11 in each county in which the project is proposed to be

174-12 constructed or, if there is no such newspaper, in a

174-13 newspaper of general circulation in each county

174-14 published in this state; and

174-15 (b) A newspaper of general circulation in this

174-16 state.

174-17 2. A request for preliminary proposals published

174-18 pursuant to subsection 1 must include, without

174-19 limitation:

174-20 (a) A description of the proposed project;

174-21 (b) Separate estimates of the costs of designing

174-22 and constructing the project;

174-23 (c) The dates on which it is anticipated that the

174-24 separate phases of the design and construction of the

174-25 project will begin and end;

174-26 (d) A statement setting forth the place and time in

174-27 which a design-build team desiring to submit a

174-28 proposal for the project may obtain the information

174-29 necessary to submit a proposal, including, without

174-30 limitation, the extent to which designs must be

174-31 completed for both preliminary and final proposals

174-32 and any other requirements for the design and

174-33 construction of the project that the department

174-34 determines to be necessary;

174-35 (e) A list of the requirements set forth in section

174-36 25 of this act;

174-37 (f) A list of the factors that the department will

174-38 use to evaluate design-build teams who submit a

174-39 proposal for the project, including, without limitation:

174-40 (1) The relative weight to be assigned to each

174-41 factor; and

174-42 (2) A disclosure of whether the factors that are

174-43 not related to cost are, when considered as a group,

174-44 more or less important in the process of evaluation

174-45 than the factor of cost;

175-1 (g) Notice that a design-build team desiring to

175-2 submit a proposal for the project must include with its

175-3 proposal the information used by the department to

175-4 determine finalists among the design-build teams

175-5 submitting proposals pursuant to subsection 2 of

175-6 section 26 of this act and a description of that

175-7 information;

175-8 (h) A statement that a design-build team whose

175-9 prime contractor holds a certificate of eligibility to

175-10 receive a preference in bidding on public works

175-11 issued pursuant to NRS 338.147 or section 11 of

175-12 Assembly Bill No. 298 of this session should submit a

175-13 copy of the certificate of eligibility with its proposal;

175-14 (i) A statement as to whether a bidding design-

175-15 build team that is selected as a finalist pursuant to

175-16 section 26 of this act but is not awarded the design-

175-17 build contract pursuant to section 27 of this act will

175-18 be partially reimbursed for the cost of preparing a

175-19 final proposal and, if so, an estimate of the amount of

175-20 the partial reimbursement; and

175-21 (j) The date by which preliminary proposals must

175-22 be submitted to the department, which must not be

175-23 less than 30 days or more than 60 days after the date

175-24 on which the request for preliminary proposals is first

175-25 published in a newspaper pursuant to subsection 1.

175-26 Sec. 25. To qualify to participate in the design

175-27 and construction of a project for the department, a

175-28 design-build team must:

175-29 1. Obtain a performance bond and payment

175-30 bond as the department may require;

175-31 2. Obtain insurance covering general liability

175-32 and liability for errors and omissions;

175-33 3. Not have been found liable for breach of

175-34 contract with respect to a previous project, other than

175-35 a breach for legitimate cause;

175-36 4. Not have been disqualified from being

175-37 awarded a contract pursuant to NRS 338.017,

175-38 338.145 or 408.333 or section 10 of Assembly Bill No.

175-39 298 of this session; and

175-40 5. Ensure that the members of the design-build

175-41 team possess the licenses and certificates required to

175-42 carry out the functions of their respective professions

175-43 within this state.

175-44 Sec. 27. 1. After selecting the finalists

175-45 pursuant to section 26 of this act, the department

176-1 shall provide to each finalist a request for final

176-2 proposals for the project. The request for final

176-3 proposals must:

176-4 (a) Set forth the factors that the department will

176-5 use to select a design-build team to design and

176-6 construct the project, including the relative weight to

176-7 be assigned to each factor; and

176-8 (b) Set forth the date by which final proposals

176-9 must be submitted to the department.

176-10 2. A final proposal submitted by a design-build

176-11 team pursuant to this section must be prepared

176-12 thoroughly, be responsive to the criteria that the

176-13 department will use to select a design-build team to

176-14 design and construct the project described in

176-15 subsection 1 and comply with the provisions of NRS

176-16 338.144. If the cost of construction is a factor in the

176-17 selection of a design-build team, a design-build team

176-18 whose prime contractor has submitted with its

176-19 proposal a certificate of eligibility to receive a

176-20 preference in bidding on public works issued

176-21 pursuant to NRS 338.147 or section 11 of Assembly

176-22 Bill No. 298 of this session shall be deemed to have

176-23 submitted a better proposal than a competing design-

176-24 build team whose prime contractor has not submitted

176-25 such a certificate of eligibility if the amount proposed

176-26 by the design-build team is not more than 5 percent

176-27 higher than the amount proposed by the competing

176-28 design-build team.

176-29 3. At least 30 days after receiving the final

176-30 proposals for the project, the department shall:

176-31 (a) Select the most cost-effective and responsive

176-32 final proposal, using the criteria set forth pursuant to

176-33 subsection 1; or

176-34 (b) Reject all the final proposals.

176-35 4. If the department selects a final proposal

176-36 pursuant to paragraph (a) of subsection 3, the

176-37 department shall hold a public meeting to:

176-38 (a) Review and ratify the selection.

176-39 (b) Award the design-build contract to the design-

176-40 build team whose proposal is selected.

176-41 (c) Partially reimburse the unsuccessful finalists

176-42 if partial reimbursement was provided for in the

176-43 request for preliminary proposals pursuant to

176-44 paragraph (i) of subsection 2 of section 24 of this act.

176-45 The amount of reimbursement must not exceed, for

177-1 each unsuccessful finalist, 3 percent of the total

177-2 amount to be paid to the design-build team as set

177-3 forth in the design-build contract.

177-4 (d) Make available to the public a summary

177-5 setting forth the factors used by the department to

177-6 select the successful design-build team and the

177-7 ranking of the design-build teams who submitted

177-8 final proposals. The department shall not release to a

177-9 third party, or otherwise make public, financial or

177-10 proprietary information submitted by a design-build

177-11 team.

177-12 5. A contract awarded pursuant to this section

177-13 must specify:

177-14 (a) An amount that is the maximum amount that

177-15 the department will pay for the performance of all the

177-16 work required by the contract, excluding any amount

177-17 related to costs that may be incurred as a result of

177-18 unexpected conditions or occurrences as authorized

177-19 by the contract;

177-20 (b) An amount that is the maximum amount that

177-21 the department will pay for the performance of the

177-22 professional services required by the contract; and

177-23 (c) A date by which performance of the work

177-24 required by the contract must be completed.

177-25 6. A design-build team to whom a contract is

177-26 awarded pursuant to this section shall:

177-27 (a) Assume overall responsibility for ensuring that

177-28 the design and construction of the project is

177-29 completed in a satisfactory manner; and

177-30 (b) Use the work force of the prime contractor on

177-31 the design-build team to construct at least 15 percent

177-32 of the project.

177-33 Sec. 35.2. Section 11 of this act is hereby

177-34 amended to read as follows:

177-35 Sec. 11. NRS 338.143 is hereby amended to

177-36 read as follows:

177-37 338.143 1. Except as otherwise provided in

177-38 subsection 6 and NRS 338.1907, a local

177-39 government that awards a contract for the

177-40 construction, alteration or repair of a public work in

177-41 accordance with paragraph (b) of subsection 1 of

177-42 section 2 of Assembly Bill No. 298 of this session,

177-43 or a public officer, public employee or other person

177-44 responsible for awarding a contract for the

178-1 construction, alteration or repair of a public work

178-2 who represents that local government, shall not:

178-3 (a) Commence such a project for which the

178-4 estimated cost exceeds $100,000 unless it advertises

178-5 in a newspaper of general circulation in this state

178-6 for bids for the project; or

178-7 (b) Divide such a project into separate portions

178-8 to avoid the requirements of paragraph (a).

178-9 2. Except as otherwise provided in subsection

178-10 6, a local government that maintains a list of

178-11 properly licensed contractors who are interested in

178-12 receiving offers to bid on public works projects for

178-13 which the estimated cost is more than $25,000 but

178-14 less than $100,000 shall solicit bids from not more

178-15 than three of the contractors on the list for a

178-16 contract of that value for the construction, alteration

178-17 or repair of a public work. The local government

178-18 shall select contractors from the list in such a

178-19 manner as to afford each contractor an equal

178-20 opportunity to bid on a public works project. A

178-21 properly licensed contractor must submit a written

178-22 request annually to the local government to remain

178-23 on the list. Offers for bids which are made pursuant

178-24 to this subsection must be sent by certified mail.

178-25 3. Approved plans and specifications for the

178-26 bids must be on file at a place and time stated in the

178-27 advertisement for the inspection of all persons

178-28 desiring to bid thereon and for other interested

178-29 persons. Contracts for the project must be awarded

178-30 on the basis of bids received.

178-31 4. Any bids received in response to an

178-32 advertisement for bids may be rejected if the person

178-33 responsible for awarding the contract determines

178-34 that:

178-35 (a) The bidder is not responsive or responsible;

178-36 (b) The quality of the services, materials,

178-37 equipment or labor offered does not conform to the

178-38 approved plan or specifications; or

178-39 (c) The public interest would be served by such

178-40 a rejection.

178-41 5. Before a local government may commence a

178-42 project subject to the provisions of this section,

178-43 based upon a determination that the public interest

178-44 would be served by rejecting any bids received in

178-45 response to an advertisement for bids, it shall

179-1 prepare and make available for public inspection a

179-2 written statement containing:

179-3 (a) A list of all persons, including supervisors,

179-4 whom the local government intends to assign to the

179-5 project, together with their classifications and an

179-6 estimate of the direct and indirect costs of their

179-7 labor;

179-8 (b) A list of all equipment that the local

179-9 government intends to use on the project, together

179-10 with an estimate of the number of hours each item

179-11 of equipment will be used and the hourly cost to use

179-12 each item of equipment;

179-13 (c) An estimate of the cost of administrative

179-14 support for the persons assigned to the project;

179-15 (d) An estimate of the total cost of the project;

179-16 and

179-17 (e) An estimate of the amount of money the

179-18 local government expects to save by rejecting the

179-19 bids and performing the project itself.

179-20 6. This section does not apply to:

179-21 (a) Any utility subject to the provisions of

179-22 chapter 318 or 710 of NRS;

179-23 (b) Any work of construction, reconstruction,

179-24 improvement and maintenance of highways subject

179-25 to NRS 408.323 or 408.327;

179-26 (c) Normal maintenance of the property of a

179-27 school district; or

179-28 (d) The Las Vegas Valley water district created

179-29 pursuant to chapter 167, Statutes of Nevada 1947,

179-30 the Moapa Valley water district created pursuant to

179-31 chapter 477, Statutes of Nevada 1983 or the Virgin

179-32 Valley water district created pursuant to chapter

179-33 100, Statutes of Nevada 1993 . [; or

179-34 (e) The design and construction of a public

179-35 work for which a public body contracts with a

179-36 design-build team pursuant to sections 2 to 9,

179-37 inclusive, of this act.]

179-38 Sec. 35.6. Sections 8, 11, 12 and 21 of Assembly

179-39 Bill No. 298 of this session are hereby amended to read

179-40 as follows:

179-41 Sec. 8. 1. Except as otherwise provided in

179-42 subsection 7 and NRS 338.1906 and 338.1907, this

179-43 state, or a local government that awards a contract

179-44 for the construction, alteration or repair of a

179-45 public work in accordance with paragraph (a) of

180-1 subsection 1 of section 2 of this act, or a public

180-2 officer, public employee or other person

180-3 responsible for awarding a contract for the

180-4 construction, alteration or repair of a public work

180-5 who represents the state or the local government,

180-6 shall not:

180-7 (a) Commence such a project for which the

180-8 estimated cost exceeds $100,000 unless it

180-9 advertises in a newspaper of general circulation in

180-10 this state for bids for the project; or

180-11 (b) Divide such a project into separate portions

180-12 to avoid the requirements of paragraph (a).

180-13 2. Except as otherwise provided in subsection

180-14 7, a public body that maintains a list of properly

180-15 licensed contractors who are interested in

180-16 receiving offers to bid on public works projects for

180-17 which the estimated cost is more than $25,000 but

180-18 less than $100,000 shall solicit bids from not more

180-19 than three of the contractors on the list for a

180-20 contract of that value for the construction,

180-21 alteration or repair of a public work. The public

180-22 body shall select contractors from the list in such a

180-23 manner as to afford each contractor an equal

180-24 opportunity to bid on a public works project. A

180-25 properly licensed contractor must submit a written

180-26 request annually to the public body to remain on

180-27 the list. Offers for bids which are made pursuant

180-28 to this subsection must be sent by certified mail.

180-29 3. Each advertisement for bids must include a

180-30 provision that sets forth:

180-31 (a) The requirement that a contractor must be

180-32 qualified pursuant to section 5 of this act to bid on

180-33 the contract or must be exempt from meeting such

180-34 qualifications pursuant to section 6 of this act;

180-35 and

180-36 (b) The period during which an application to

180-37 qualify as a bidder on the contract must be

180-38 submitted.

180-39 4. Approved plans and specifications for the

180-40 bids must be on file at a place and time stated in

180-41 the advertisement for the inspection of all persons

180-42 desiring to bid thereon and for other interested

180-43 persons. Contracts for the project must be awarded

180-44 on the basis of bids received.

181-1 5. Any bids received in response to an

181-2 advertisement for bids may be rejected if the

181-3 person responsible for awarding the contract

181-4 determines that:

181-5 (a) The bidder is not a qualified bidder

181-6 pursuant to section 5 of this act, unless the bidder

181-7 is exempt from meeting such qualifications

181-8 pursuant to section 6 of this act;

181-9 (b) The bidder is not responsive;

181-10 (c) The quality of the services, materials,

181-11 equipment or labor offered does not conform to

181-12 the approved plan or specifications; or

181-13 (d) The public interest would be served by such

181-14 a rejection.

181-15 6. Before the state or a local government may

181-16 commence a project subject to the provisions of

181-17 this section, based upon a determination that the

181-18 public interest would be served by rejecting any

181-19 bids received in response to an advertisement for

181-20 bids, it shall prepare and make available for public

181-21 inspection a written statement containing:

181-22 (a) A list of all persons, including supervisors,

181-23 whom the state or the local government intends to

181-24 assign to the project, together with their

181-25 classifications and an estimate of the direct and

181-26 indirect costs of their labor;

181-27 (b) A list of all equipment that the state or the

181-28 local government intends to use on the project,

181-29 together with an estimate of the number of hours

181-30 each item of equipment will be used and the

181-31 hourly cost to use each item of equipment;

181-32 (c) An estimate of the cost of administrative

181-33 support for the persons assigned to the project;

181-34 (d) An estimate of the total cost of the project;

181-35 and

181-36 (e) An estimate of the amount of money the

181-37 state or the local government expects to save by

181-38 rejecting the bids and performing the project itself.

181-39 7. This section does not apply to:

181-40 (a) Any utility subject to the provisions of

181-41 chapter 318 or 710 of NRS;

181-42 (b) Any work of construction, reconstruction,

181-43 improvement and maintenance of highways

181-44 subject to NRS 408.323 or 408.327;

182-1 (c) Normal maintenance of the property of a

182-2 school district;

182-3 (d) The Las Vegas Valley water district created

182-4 pursuant to chapter 167, Statutes of Nevada 1947,

182-5 the Moapa Valley water district created pursuant

182-6 to chapter 477, Statutes of Nevada 1983 or the

182-7 Virgin Valley water district created pursuant to

182-8 chapter 100, Statutes of Nevada 1993; or

182-9 (e) The design and construction of a public

182-10 work for which a public body contracts with a

182-11 design-build team pursuant to sections 2 to 9,

182-12 inclusive, of Senate Bill No. 475 of this session.

182-13 Sec. 11. 1. Except as otherwise provided in

182-14 section 8 of this act and sections 2 to 9, inclusive,

182-15 of Senate Bill No. 475 of this session, a public

182-16 body shall award a contract for a public work to

182-17 the contractor who submits the best bid.

182-18 2. Except as otherwise provided in subsection

182-19 8 or limited by subsection 9, for the purposes of

182-20 this section, a contractor who:

182-21 (a) Has been determined by the public body to

182-22 be a qualified bidder pursuant to section 5 of this

182-23 act or is exempt from meeting such requirements

182-24 pursuant to section 6 of this act; and

182-25 (b) At the time he submits his bid, provides to

182-26 the public body a copy of a certificate of eligibility

182-27 to receive a preference in bidding on public works

182-28 issued to him by the state contractors’ board

182-29 pursuant to subsection 3,

182-30 shall be deemed to have submitted a better bid

182-31 than a competing contractor who has not provided

182-32 a copy of such a valid certificate of eligibility if the

182-33 amount of his bid is not more than 5 percent

182-34 higher than the amount bid by the competing

182-35 contractor.

182-36 3. The state contractors’ board shall issue a

182-37 certificate of eligibility to receive a preference in

182-38 bidding on public works to a general contractor

182-39 who is licensed pursuant to the provisions of

182-40 chapter 624 of NRS and submits to the board an

182-41 affidavit from a certified public accountant setting

182-42 forth that the general contractor has:

182-43 (a) Paid:

182-44 (1) The sales and use taxes imposed

182-45 pursuant to chapters 372, 374 and 377 of NRS on

183-1 materials used for construction in this state,

183-2 including, without limitation, construction that is

183-3 undertaken or carried out on land within the

183-4 boundaries of this state that is managed by the

183-5 Federal Government or is on an Indian

183-6 reservation or Indian colony, of not less than

183-7 $5,000 for each consecutive 12-month period for

183-8 60 months immediately preceding the submission

183-9 of the affidavit from the certified public

183-10 accountant;

183-11 (2) The motor vehicle privilege tax imposed

183-12 pursuant to chapter 371 of NRS on the vehicles

183-13 used in the operation of his business in this state

183-14 of not less than $5,000 for each consecutive 12-

183-15 month period for 60 months immediately

183-16 preceding the submission of the affidavit from the

183-17 certified public accountant; or

183-18 (3) Any combination of such sales and use

183-19 taxes and motor vehicle privilege tax; or

183-20 (b) Acquired, by inheritance, gift or transfer

183-21 through a stock option plan for employees, all the

183-22 assets and liabilities of a viable, operating

183-23 construction firm that possesses a:

183-24 (1) License as a general contractor

183-25 pursuant to the provisions of chapter 624 of NRS;

183-26 and

183-27 (2) Certificate of eligibility to receive a

183-28 preference in bidding on public works.

183-29 4. For the purposes of complying with the

183-30 requirements set forth in paragraph (a) of

183-31 subsection 3, a general contractor shall be deemed

183-32 to have paid:

183-33 (a) Sales and use taxes and motor vehicle

183-34 privilege taxes paid in this state by an affiliate or

183-35 parent company of the contractor, if the affiliate

183-36 or parent company is also a general contractor;

183-37 and

183-38 (b) Sales and use taxes paid in this state by a

183-39 joint venture in which the contractor is a

183-40 participant, in proportion to the amount of interest

183-41 the contractor has in the joint venture.

183-42 5. A contractor who has received a certificate

183-43 of eligibility to receive a preference in bidding on

183-44 public works from the state contractors’ board

183-45 pursuant to subsection 3 shall, at the time for the

184-1 annual renewal of his contractors’ license

184-2 pursuant to NRS 624.283, submit to the board an

184-3 affidavit from a certified public accountant setting

184-4 forth that the contractor has, during the

184-5 immediately preceding 12 months, paid the taxes

184-6 required pursuant to paragraph (a) of subsection 3

184-7 to maintain his eligibility to hold such a certificate.

184-8 6. A contractor who fails to submit an

184-9 affidavit to the board pursuant to subsection 5

184-10 ceases to be eligible to receive a preference in

184-11 bidding on public works unless he reapplies for

184-12 and receives a certificate of eligibility pursuant to

184-13 subsection 3.

184-14 7. If a contractor who applies to the state

184-15 contractors’ board for a certificate of eligibility to

184-16 receive a preference in bidding on public works

184-17 submits false information to the board regarding

184-18 the required payment of taxes, the contractor is

184-19 not eligible to receive a preference in bidding on

184-20 public works for a period of 5 years after the date

184-21 on which the board becomes aware of the

184-22 submission of the false information.

184-23 8. If any federal statute or regulation

184-24 precludes the granting of federal assistance or

184-25 reduces the amount of that assistance for a

184-26 particular public work because of the provisions of

184-27 subsection 2, those provisions do not apply insofar

184-28 as their application would preclude or reduce

184-29 federal assistance for that work. The provisions of

184-30 subsection 2 do not apply to any contract for a

184-31 public work which is expected to cost less than

184-32 $250,000.

184-33 9. Except as otherwise provided in subsection

184-34 2 of section 8 of Senate Bill No. 475 of this

184-35 session, if a bid is submitted by two or more

184-36 contractors as a joint venture or by one of them as

184-37 a joint venturer, the provisions of subsection 2

184-38 apply only if both or all of the joint venturers

184-39 separately meet the requirements of that

184-40 subsection.

184-41 10. The state contractors’ board shall adopt

184-42 regulations and may assess reasonable fees

184-43 relating to the certification of contractors for a

184-44 preference in bidding on public works.

185-1 11. A person or entity who believes that a

185-2 contractor wrongfully holds a certificate of

185-3 eligibility to receive a preference in bidding on

185-4 public works may challenge the validity of the

185-5 certificate by filing a written objection with the

185-6 public body to which the contractor has submitted

185-7 a bid or proposal on a contract for the

185-8 construction of a public work. A written objection

185-9 authorized pursuant to this subsection must:

185-10 (a) Set forth proof or substantiating evidence

185-11 to support the belief of the person or entity that the

185-12 contractor wrongfully holds a certificate of

185-13 eligibility to receive a preference in bidding on

185-14 public works; and

185-15 (b) Be filed with the public body at or after the

185-16 time at which the contractor submitted the bid or

185-17 proposal to the public body and before the time at

185-18 which the public body awards the contract for

185-19 which the bid or proposal was submitted.

185-20 12. If a public body receives a written

185-21 objection pursuant to subsection 11, the public

185-22 body shall determine whether the objection is

185-23 accompanied by the proof or substantiating

185-24 evidence required pursuant to paragraph (a) of

185-25 that subsection. If the public body determines that

185-26 the objection is not accompanied by the required

185-27 proof or substantiating evidence, the public body

185-28 shall dismiss the objection and may proceed

185-29 immediately to award the contract. If the public

185-30 body determines that the objection is accompanied

185-31 by the required proof or substantiating evidence,

185-32 the public body shall determine whether the

185-33 contractor qualifies for the certificate pursuant to

185-34 the provisions of this section and may proceed to

185-35 award the contract accordingly.

185-36 Sec. 12. NRS 338.010 is hereby amended to

185-37 read as follows:

185-38 338.010 As used in this chapter:

185-39 1. “Day labor” means all cases where public

185-40 bodies, their officers, agents or employees, hire,

185-41 supervise and pay the wages thereof directly to a

185-42 workman or workmen employed by them on public

185-43 works by the day and not under a contract in

185-44 writing.

186-1 2. “Eligible bidder” means a person who [was

186-2 found] is:

186-3 (a) Found to be a responsible and responsive

186-4 contractor by a [public body which awarded a

186-5 contract] local government which requests bids for

186-6 a public work [.] in accordance with paragraph (b)

186-7 of subsection 1 of section 2 of this act; or

186-8 (b) Determined by a public body which

186-9 awarded a contract for a public work pursuant to

186-10 sections 3 to 11, inclusive, of this act, to be

186-11 qualified to bid on that contract pursuant to

186-12 section 5 of this act or was exempt from meeting

186-13 such qualifications pursuant to section 6 of this

186-14 act.

186-15 3. “Local government” means every political

186-16 subdivision or other entity which has the right to

186-17 levy or receive money from ad valorem or other

186-18 taxes or any mandatory assessments, and includes,

186-19 without limitation, counties, cities, towns, boards,

186-20 school districts and other districts organized

186-21 pursuant to chapters 244A, 309, 318, 379, 474,

186-22 541, 543 and 555 of NRS, NRS 450.550 to

186-23 450.750, inclusive, and any agency or department

186-24 of a county or city which prepares a budget

186-25 separate from that of the parent political

186-26 subdivision.

186-27 4. “Offense” means failing to:

186-28 (a) Pay the prevailing wage required pursuant to

186-29 this chapter;

186-30 (b) Pay the contributions for unemployment

186-31 compensation required pursuant to chapter 612 of

186-32 NRS; or

186-33 (c) Provide and secure compensation for

186-34 employees required pursuant to chapters 616A to

186-35 617, inclusive, of NRS.

186-36 [4] 5. “Prime contractor” means a person

186-37 who:

186-38 (a) Contracts to complete an entire project;

186-39 (b) Coordinates all work performed on the

186-40 entire project;

186-41 (c) Uses his own work force to perform all or a

186-42 part of the construction, repair or reconstruction

186-43 of the project; and

186-44 (d) Contracts for the services of any

186-45 subcontractor or independent contractor or is

187-1 responsible for payment to any contracted

187-2 subcontractors or independent contractors.

187-3 6. “Public body” means the state, county, city,

187-4 town, school district or any public agency of this

187-5 state or its political subdivisions sponsoring or

187-6 financing a public work.

187-7 [5.] 7. “Public work” means any project for

187-8 the new construction, repair or reconstruction of:

187-9 (a) A project financed in whole or in part from

187-10 public money for:

187-11 (1) Public buildings;

187-12 (2) Jails and prisons;

187-13 (3) Public roads;

187-14 (4) Public highways;

187-15 (5) Public streets and alleys;

187-16 (6) Public utilities which are financed in

187-17 whole or in part by public money;

187-18 (7) Publicly owned water mains and sewers;

187-19 (8) Public parks and playgrounds;

187-20 (9) Public convention facilities which are

187-21 financed at least in part with public funds; and

187-22 (10) [All] Any other publicly owned works

187-23 and property whose cost as a whole exceeds

187-24 $20,000. Each separate unit [which] that is a part of

187-25 a project is included in the cost of the project [for

187-26 the purpose of determining] to determine whether a

187-27 project meets [this] that threshold.

187-28 (b) A building for the University and

187-29 Community College System of Nevada of which 25

187-30 percent or more of the costs of the building as a

187-31 whole are paid from money appropriated by [the]

187-32 this state or from federal money.

187-33 [6.] 8. “Wages” means:

187-34 (a) The basic hourly rate of pay; and

187-35 (b) The amount of pension, health and welfare,

187-36 vacation and holiday pay, the cost of apprenticeship

187-37 training or other similar programs or other bona fide

187-38 fringe benefits which are a benefit to the workman.

187-39 [7.] 9. “Workman” means a skilled mechanic,

187-40 skilled workman, semiskilled mechanic, semiskilled

187-41 workman or unskilled workman. The term does not

187-42 include a “design professional” as that term is

187-43 defined in NRS 338.155.

187-44 Sec. 21. 1. This section and sections 2 to 8,

187-45 inclusive, 10 to 14, inclusive, [and] 16 to [20,] 19,

188-1 inclusive, and 20 of this act become effective on

188-2 October 1, 1999.

188-3 2. Sections [9] 19.2 and 19.6 of this act

188-4 become effective on October 1, 2003.

188-5 3. Section 19.4 of this act becomes effective

188-6 on May 1, 2013.

188-7 4. Section 15 of this act [become] becomes

188-8 effective at 12:01 a.m. on May 1, 2013.

188-9 [3. Sections 8,]

188-10 5. Sections 14, 18 and 19 of this act expire by

188-11 limitation on May 1, 2013.

188-12 Sec. 35.8. Section 4 of Senate Bill No. 144 of this

188-13 session is hereby amended to read as follows:

188-14 Sec. 4. “Contractor” means [a] :

188-15 1. A person who:

188-16 [1.] (a) Is licensed pursuant to the provisions of

188-17 chapter 624 of NRS or performs such work that he

188-18 is not required to be licensed pursuant to chapter

188-19 624 of NRS; and

188-20 [2.] (b) Contracts with a public body to provide

188-21 labor, materials or services for a public work.

188-22 2. A design-build team that contracts with a

188-23 public body to design and construct a public work

188-24 pursuant to sections 2 to 9, inclusive, of Senate

188-25 Bill No. 475 of this session.

188-26 Sec. 36. 1. NRS 341.171 [and section] is

188-27 hereby repealed.

188-28 2. Section 9 of Assembly Bill No. 298 of this

188-29 session [are] is hereby repealed.

188-30 3. Sections 1 and 2 of chapter 326, Statutes of

188-31 Nevada 1999, at pages 1360 and 1362, respectively,

188-32 sections 1 and 2 of chapter 390, Statutes of Nevada

188-33 1999, at pages 1849 and 1850, respectively, and

188-34 section 34 of chapter 429, Statutes of Nevada 1999, at

188-35 page 1991, are hereby repealed.

188-36 Sec. 38. 1. This section and sections 35.4 ,

188-37 [and] 35.6 and 35.9 of this act , and subsection 3 of

188-38 section 36 of this act, become effective on

188-39 September 30, 1999.

188-40 2. Subsection 2 of section 36 of this act becomes

188-41 effective on October 1, 1999.

188-42 [2.] 3. Sections 1 to 9, inclusive, 14 to 35,

188-43 inclusive, [36] and 37 of this act , and subsection 1 of

188-44 section 36 of this act, become effective on October 1,

188-45 1999, and expire by limitation on October 1, 2003.

189-1 [3.] 4. Section 13 of this act becomes effective at

189-2 12:01 a.m. on October 1, 1999.

189-3 5. Sections 10 [, 13] and 35.8 of this act become

189-4 effective at 12:01 a.m. on October 1, 1999, and expire

189-5 by limitation on October 1, 2003.

189-6 [4.] 6. Section 11 of this act becomes effective at

189-7 12:01 a.m. on October 1, 1999, and expires by

189-8 limitation on May 1, 2013.

189-9 [5.] 7. Section 13.5 of this act becomes effective

189-10 [at 12:01 a.m.] on October 1, 2003.

189-11 [6.] 8. Section 35.2 of this act becomes effective

189-12 [at 12:01 a.m.] on October 1, 2003 and expires by

189-13 limitation on May 1, 2013.

189-14 [7.] 9. Section 12 of this act becomes effective at

189-15 12:02 a.m. on May 1, 2013.

189-16 2. Chapter 627, Statutes of Nevada 1999, at page

189-17 3503, is hereby amended by adding thereto a new section

189-18 to be designated as section 35.9, immediately following

189-19 section 35.8, to read as follows:

189-20 Sec. 35.9. Section 4 of chapter 326, Statutes of

189-21 Nevada 1999, at page 1364, is hereby amended to read

189-22 as follows:

189-23 Sec. 4. [1.] This section and [sections 1 and]

189-24 section 3 of this act become effective on October 1,

189-25 1999.

189-26 [2. Section 2 of this act becomes effective at

189-27 12:01 a.m. on May 1, 2013.

189-28 3. Section 1 of this act expires by limitation on

189-29 May 1, 2013.]

189-30 Sec. 16.2. Section 78 of chapter 13, Statutes of Nevada

189-31 2001, at page 338, is hereby amended to read as follows:

189-32 Sec. 78. [1.] This section and sections 1 to 24,

189-33 inclusive, 26, 28 to 77, inclusive, and 79 of this act

189-34 become effective on July 1, 2001.

189-35 [2. Section 25 of this act becomes effective at 12:01

189-36 a.m. on October 1, 2003.

189-37 3. Section 27 of this act becomes effective at 12:02

189-38 a.m. on October 1, 2003.]

189-39 Sec. 16.3. Section 12 of chapter 259, Statutes of Nevada

189-40 2001, at page 1149, is hereby amended to read as follows:

189-41 Sec. 12. [1.] This section and sections 1 and 3 to

189-42 11, inclusive, of this act become effective on July 1, 2001.

189-43 [2. Section 1 of this act becomes effective on July 1,

189-44 2001, and expires by limitation on October 1, 2003.

190-1 3. Section 2 of this act becomes effective at 12:01

190-2 a.m. on October 1, 2003.]

190-3 Sec. 16.4. Section 6 of chapter 279, Statutes of Nevada

190-4 2001, at page 1274, is hereby amended to read as follows:

190-5 Sec. 6. 1. This section and sections 1, 2, 4 and 5 of

190-6 this act become effective on October 1, 2001.

190-7 2. [Sections 1, 2 and] Section 4 of this act [expire]

190-8 expires by limitation on October 1, 2003.

190-9 [3. Section 3 of this act becomes effective at 12:01

190-10 a.m. on October 1, 2003.]

190-11 Sec. 16.5. Section 14 of chapter 397, Statutes of Nevada

190-12 2001, at page 1919, is hereby amended to read as follows:

190-13 Sec. 14. [1.] This section and sections 1 to 9,

190-14 inclusive, 11, 12 and 13 of this act become effective on

190-15 July 1, 2001.

190-16 [2. Section 9 of this act expires by limitation on

190-17 October 1, 2003.

190-18 3. Section 10 of this act becomes effective at 12:01

190-19 a.m. on October 1, 2003.]

190-20 Sec. 16.6. Sections 8 and 15 of chapter 448, Statutes of

190-21 Nevada 2001, at pages 2262 and 2279, respectively, are

190-22 hereby amended to read respectively as follows:

190-23 Sec. 8. NRS 338.1389 is hereby amended to read as

190-24 follows:

190-25 338.1389 1. Except as otherwise provided in NRS

190-26 338.1385 and 338.1711 to 338.1727, inclusive, a public

190-27 body shall award a contract for a public work to the

190-28 contractor who submits the best bid.

190-29 2. Except as otherwise provided in subsection [8] 10

190-30 or limited by subsection [9,] 11, for the purposes of this

190-31 section, a contractor who:

190-32 (a) Has been determined by the public body to be a

190-33 qualified bidder pursuant to NRS 338.1379 or is exempt

190-34 from meeting such requirements pursuant to NRS

190-35 338.1373 or 338.1383; and

190-36 (b) At the time he submits his bid, provides to the

190-37 public body a copy of a certificate of eligibility to receive

190-38 a preference in bidding on public works issued to him by

190-39 the state contractors’ board pursuant to subsection 3 [,]

190-40 or 4,

190-41 shall be deemed to have submitted a better bid than a

190-42 competing contractor who has not provided a copy of such

190-43 a valid certificate of eligibility if the amount of his bid is

190-44 not more than 5 percent higher than the amount bid by the

190-45 competing contractor.

191-1 3. The state contractors’ board shall issue a certificate

191-2 of eligibility to receive a preference in bidding on public

191-3 works to a general contractor who is licensed pursuant to

191-4 the provisions of chapter 624 of NRS and submits to the

191-5 board an affidavit from a certified public accountant

191-6 setting forth that the general contractor has [:] , while

191-7 licensed as a general contractor in this state:

191-8 (a) Paid [:] directly, on his own behalf:

191-9 (1) The sales and use taxes imposed pursuant to

191-10 chapters 372, 374 and 377 of NRS on materials used for

191-11 construction in this state, including, without limitation,

191-12 construction that is undertaken or carried out on land

191-13 within the boundaries of this state that is managed by the

191-14 Federal Government or is on an Indian reservation or

191-15 Indian colony, of not less than $5,000 for each consecutive

191-16 12-month period for 60 months immediately preceding the

191-17 submission of the affidavit from the certified public

191-18 accountant;

191-19 (2) The governmental services tax imposed

191-20 pursuant to chapter 371 of NRS on the vehicles used in the

191-21 operation of his business in this state of not less than

191-22 $5,000 for each consecutive 12-month period for 60

191-23 months immediately preceding the submission of the

191-24 affidavit from the certified public accountant; or

191-25 (3) Any combination of such sales and use taxes

191-26 and governmental services tax; or

191-27 (b) Acquired, by purchase, inheritance, gift or transfer

191-28 through a stock option plan , [for employees,] all the

191-29 assets and liabilities of a viable, operating construction

191-30 firm that possesses a:

191-31 (1) License as a general contractor pursuant to the

191-32 provisions of chapter 624 of NRS; and

191-33 (2) Certificate of eligibility to receive a preference

191-34 in bidding on public works.

191-35 4. The state contractors’ board shall issue a

191-36 certificate of eligibility to receive a preference in bidding

191-37 on public works to a specialty contractor who is licensed

191-38 pursuant to the provisions of chapter 624 of NRS and

191-39 submits to the board an affidavit from a certified public

191-40 accountant setting forth that the specialty contractor has,

191-41 while licensed as a specialty contractor in this state:

191-42 (a) Paid directly, on his own behalf:

192-1 (1) The sales and use taxes pursuant to chapters

192-2 372, 374 and 377 of NRS on materials used for

192-3 construction in this state, including, without limitation,

192-4 construction that is undertaken or carried out on land

192-5 within the boundaries of this state that is managed by the

192-6 Federal Government or is on an Indian reservation or

192-7 Indian colony, of not less than $5,000 for each

192-8 consecutive 12-month period for 60 months immediately

192-9 preceding the submission of the affidavit from the

192-10 certified public accountant;

192-11 (2) The governmental services tax imposed

192-12 pursuant to chapter 371 of NRS on the vehicles used in

192-13 the operation of his business in this state of not less than

192-14 $5,000 for each consecutive 12-month period for 60

192-15 months immediately preceding the submission of the

192-16 affidavit from the certified public accountant; or

192-17 (3) Any combination of such sales and use taxes

192-18 and governmental services tax; or

192-19 (b) Acquired, by purchase, inheritance, gift or

192-20 transfer through a stock option plan, all the assets and

192-21 liabilities of a viable, operating construction firm that

192-22 possesses a:

192-23 (1) License as a specialty contractor pursuant to

192-24 the provisions of chapter 624 of NRS; and

192-25 (2) Certificate of eligibility to receive a preference

192-26 in bidding on public works.

192-27 5. For the purposes of complying with the

192-28 requirements set forth in paragraph (a) of subsection 3 [, a

192-29 general] and paragraph (a) of subsection 4, a contractor

192-30 shall be deemed to have paid:

192-31 (a) Sales and use taxes and governmental services

192-32 taxes that were paid in this state by an affiliate or parent

192-33 company of the contractor, if the affiliate or parent

192-34 company is also a general contractor [;] or specialty

192-35 contractor, as applicable; and

192-36 (b) Sales and use taxes that were paid in this state by a

192-37 joint venture in which the contractor is a participant, in

192-38 proportion to the amount of interest the contractor has in

192-39 the joint venture.

192-40 [5.] 6. A contractor who has received a certificate of

192-41 eligibility to receive a preference in bidding on public

192-42 works from the state contractors’ board pursuant to

192-43 subsection 3 or 4 shall, at the time for the annual renewal

192-44 of his contractor’s license pursuant to NRS 624.283,

192-45 submit to the board an affidavit from a certified public

193-1 accountant setting forth that the contractor has, during the

193-2 immediately preceding 12 months, paid the taxes required

193-3 pursuant to paragraph (a) of subsection 3 or paragraph (a)

193-4 of subsection 4, as applicable, to maintain his eligibility

193-5 to hold such a certificate.

193-6 [6.] 7. A contractor who fails to submit an affidavit

193-7 to the board pursuant to subsection [5] 6 ceases to be

193-8 eligible to receive a preference in bidding on public works

193-9 unless he reapplies for and receives a certificate of

193-10 eligibility pursuant to subsection 3 [.

193-11 7.] or 4, as applicable.

193-12 8. If a contractor holds more than one contractor’s

193-13 license, he must submit a separate application for each

193-14 license pursuant to which he wishes to qualify for a

193-15 preference in bidding. Upon issuance, the certificate of

193-16 eligibility to receive a preference in bidding on public

193-17 works becomes part of the contractor’s license for which

193-18 the contractor submitted the application.

193-19 9. If a contractor who applies to the state contractors’

193-20 board for a certificate of eligibility to receive a preference

193-21 in bidding on public works submits false information to

193-22 the board regarding the required payment of taxes, the

193-23 contractor is not eligible to receive a preference in bidding

193-24 on public works for a period of 5 years after the date on

193-25 which the board becomes aware of the submission of the

193-26 false information.

193-27 [8.] 10. If any federal statute or regulation precludes

193-28 the granting of federal assistance or reduces the amount of

193-29 that assistance for a particular public work because of the

193-30 provisions of subsection 2, those provisions do not apply

193-31 insofar as their application would preclude or reduce

193-32 federal assistance for that work. The provisions of

193-33 subsection 2 do not apply to any contract for a public work

193-34 which is expected to cost less than $250,000.

193-35 [9.] 11. If a bid is submitted by two or more

193-36 contractors as a joint venture or by one of them as a joint

193-37 venturer, the provisions of subsection 2 apply only if both

193-38 or all of the joint venturers separately meet the

193-39 requirements of that subsection.

193-40 [10.] 12. The state contractors’ board shall adopt

193-41 regulations and may assess reasonable fees relating to the

193-42 certification of contractors for a preference in bidding on

193-43 public works.

194-1 [11.] 13. A person or entity who believes that a

194-2 contractor wrongfully holds a certificate of eligibility to

194-3 receive a preference in bidding on public works may

194-4 challenge the validity of the certificate by filing a written

194-5 objection with the public body to which the contractor has

194-6 submitted a bid or proposal on a contract for the

194-7 construction of a public work. A written objection

194-8 authorized pursuant to this subsection must:

194-9 (a) Set forth proof or substantiating evidence to

194-10 support the belief of the person or entity that the

194-11 contractor wrongfully holds a certificate of eligibility to

194-12 receive a preference in bidding on public works; and

194-13 (b) Be filed with the public body at or after the time at

194-14 which the contractor submitted the bid or proposal to the

194-15 public body and before the time at which the public body

194-16 awards the contract for which the bid or proposal was

194-17 submitted.

194-18 [12.] 14. If a public body receives a written

194-19 objection pursuant to subsection [11,] 13, the public body

194-20 shall determine whether the objection is accompanied by

194-21 the proof or substantiating evidence required pursuant to

194-22 paragraph (a) of that subsection. If the public body

194-23 determines that the objection is not accompanied by the

194-24 required proof or substantiating evidence, the public body

194-25 shall dismiss the objection and may proceed immediately

194-26 to award the contract. If the public body determines that

194-27 the objection is accompanied by the required proof or

194-28 substantiating evidence, the public body shall determine

194-29 whether the contractor qualifies for the certificate pursuant

194-30 to the provisions of this section and may proceed to award

194-31 the contract accordingly.

194-32 Sec. 15. 1. This section and sections 1 to 4,

194-33 inclusive, 7, 10, 13 and 14 of this act become effective on

194-34 July 1, 2001.

194-35 2. Sections 5 [, 8] and 11 of this act become effective

194-36 at 12:01 a.m. on July 1, 2001.

194-37 3. [Section] Sections 8 and 14.5 of this act [becomes]

194-38 become effective at 12:02 a.m. on July 1, 2001.

194-39 4. Sections [6 and 9 of this act become effective at

194-40 12:02 a.m. on October 1, 2003.

194-41 5. Section 12 of this act becomes effective at 12:03

194-42 a.m. on October 1, 2003.

194-43 6. Sections 5, 8, 11,] 13 and 14 of this act expire by

194-44 limitation on October 1, 2003.

195-1 Sec. 68. 1. Sections 4, 5, 7, 25 and 27 of chapter 412,

195-2 Statutes of Nevada 2001, at pages 2025, 2026, 2035 and 2036, are

195-3 hereby amended to read respectively as follows:

195-4 Sec. 4. NRS 293.127 is hereby amended to read as

195-5 follows:

195-6 293.127 1. This Title must be liberally construed to the

195-7 end that:

195-8 [1.] (a) All electors, including, without limitation,

195-9 electors who are elderly or disabled, have an opportunity to

195-10 participate in elections and to cast their votes privately;

195-11 [2.] (b) An eligible voter with a physical or mental

195-12 disability is not denied the right to vote solely because of the

195-13 physical or mental disability; and

195-14 [3.] (c) The real will of the electors is not defeated by any

195-15 informality or by failure substantially to comply with the

195-16 provisions of this Title with respect to the giving of any

195-17 notice or the conducting of an election or certifying the

195-18 results thereof.

195-19 2. For purposes of counting a vote, the real will of an

195-20 elector must be determined pursuant to section 2 or 23 of

195-21 this act or regulations adopted pursuant to section 2 or 23 of

195-22 this act.

195-23 Sec. 5. NRS 293.3095 is hereby amended to read as

195-24 follows:

195-25 293.3095 1. A person who, during the 6 months

195-26 immediately preceding an election, distributes to more than a

195-27 total of 500 registered voters a form to request an absent

195-28 ballot for the election shall:

195-29 (a) Distribute the form prescribed by the secretary of

195-30 state, which must, in 14-point type or larger:

195-31 (1) Identify the person who is distributing the form;

195-32 and

195-33 (2) Include a notice stating, “This is a request for an

195-34 absent ballot.”; [and

195-35 (3) State that by returning the form, the form will be

195-36 submitted to the county clerk;]

195-37 (b) Not later than 14 days before distributing such a form,

195-38 provide [written notice] to the county clerk of each county to

195-39 which a form will be distributed written notification of the

195-40 approximate number of forms to be distributed to voters in

195-41 the county and of the first date [of the distribution of] on

195-42 which the forms [; and] will be distributed;

196-1 (c) Not return or offer to return to a county clerk a form

196-2 that was mailed to a registered voter pursuant to this

196-3 subsection; and

196-4 (d) Not mail such a form later than 21 days before the

196-5 election.

196-6 2. The provisions of this section do not authorize a

196-7 person to vote by absent ballot if he is not otherwise eligible

196-8 to vote by absent ballot.

196-9 Sec. 7. NRS 293.323 is hereby amended to read as

196-10 follows:

196-11 293.323 1. [If] Except as otherwise provided in

196-12 subsection 2, if the request for an absent ballot is made by

196-13 mail or [telegram,] facsimile machine, the county clerk shall,

196-14 as soon as the official absent ballot for the precinct or district

196-15 in which the applicant resides has been printed, send to the

196-16 voter by first-class mail if the absent voter is within the

196-17 boundaries of the United States, its territories or possessions

196-18 or on a military base, or by air mail if the absent voter is in a

196-19 foreign country but not on a military base : [, postage

196-20 prepaid:]

196-21 (a) Except as otherwise provided in paragraph (b):

196-22 (1) An absent ballot;

196-23 (2) A return envelope;

196-24 (3) Supplies for marking the ballot;

196-25 (4) An envelope or similar device into which the ballot

196-26 is inserted to ensure its secrecy; and

196-27 (5) Instructions.

196-28 (b) In those counties using a mechanical voting system

196-29 whereby a vote is cast by punching a card:

196-30 (1) A card attached to a sheet of foam plastic or

196-31 similar backing material;

196-32 (2) A return envelope;

196-33 (3) A punching instrument;

196-34 (4) A sample ballot;

196-35 (5) An envelope or similar device into which the card

196-36 is inserted to ensure its secrecy; and

196-37 (6) Instructions.

196-38 2. If the county clerk fails to send an absent ballot

196-39 pursuant to subsection 1 to a voter who resides within the

196-40 continental United States, the county clerk may use a

196-41 facsimile machine to send an absent ballot and instructions

196-42 to the voter. The voter shall mail his absent ballot to the

196-43 county clerk.

196-44 3. The return envelope sent pursuant to subsection 1

196-45 must include postage prepaid by first-class mail if the absent

197-1 voter is within the boundaries of the United States, its

197-2 territories or possessions or on a military base.

197-3 [3.] 4. Nothing may be enclosed or sent with an absent

197-4 ballot except as required by subsection 1 [.

197-5 4.] or 2.

197-6 5. Before depositing [the] a ballot in the mails [,] or

197-7 sending a ballot by facsimile machine, the county clerk shall

197-8 record the date the ballot is issued, the name of the registered

197-9 voter to whom it is issued, his precinct or district, his political

197-10 affiliation, if any, the number of the ballot and any remarks

197-11 he finds appropriate.

197-12 6. The secretary of state shall adopt regulations to

197-13 carry out the provisions of subsection 2.

197-14 Sec. 25. NRS 293C.306 is hereby amended to read as

197-15 follows:

197-16 293C.306 1. A person who, during the 6 months

197-17 immediately preceding an election, distributes to more than a

197-18 total of 500 registered voters a form to request an absent

197-19 ballot for the election shall:

197-20 (a) Distribute the form prescribed by the secretary of

197-21 state, which must, in 14-point type or larger:

197-22 (1) Identify the person who is distributing the form;

197-23 and

197-24 (2) Include a notice stating, “This is a request for an

197-25 absent ballot.”; [and

197-26 (3) State that by returning the form, the form will be

197-27 submitted to the city clerk;]

197-28 (b) Not later than 14 days before distributing such a form,

197-29 provide [written notice] to the city clerk of each city to which

197-30 a form will be distributed written notification of the

197-31 approximate number of forms to be distributed to voters in

197-32 the city and of the first date [of the distribution of] on which

197-33 the forms [; and] will be distributed;

197-34 (c) Not return or offer to return to the city clerk a form

197-35 that was mailed to a registered voter pursuant to this

197-36 subsection; and

197-37 (d) Not mail such a form later than 21 days before the

197-38 election.

197-39 2. The provisions of this section do not authorize a

197-40 person to vote by absent ballot if he is not otherwise eligible

197-41 to vote by absent ballot.

197-42 Sec. 27. NRS 293C.322 is hereby amended to read as

197-43 follows:

197-44 293C.322 1. [If] Except as otherwise provided in

197-45 subsection 2, if the request for an absent ballot is made by

198-1 mail or [telegram,] facsimile machine, the city clerk shall, as

198-2 soon as the official absent ballot for the precinct or district in

198-3 which the applicant resides has been printed, send to the voter

198-4 by first-class mail if the absent voter is within the boundaries

198-5 of the United States, its territories or possessions or on a

198-6 military base, or by air mail if the absent voter is in a foreign

198-7 country but not on a military base : [, postage prepaid:]

198-8 (a) Except as otherwise provided in paragraph (b):

198-9 (1) An absent ballot;

198-10 (2) A return envelope;

198-11 (3) Supplies for marking the ballot;

198-12 (4) An envelope or similar device into which the ballot

198-13 is inserted to ensure its secrecy; and

198-14 (5) Instructions.

198-15 (b) In those cities using a mechanical voting system

198-16 whereby a vote is cast by punching a card:

198-17 (1) A card attached to a sheet of foam plastic or

198-18 similar backing material;

198-19 (2) A return envelope;

198-20 (3) A punching instrument;

198-21 (4) A sample ballot;

198-22 (5) An envelope or similar device into which the card

198-23 is inserted to ensure its secrecy; and

198-24 (6) Instructions.

198-25 2. If the city clerk fails to send an absent ballot

198-26 pursuant to subsection 1 to a voter who resides within the

198-27 continental United States, the city clerk may use a facsimile

198-28 machine to send an absent ballot and instructions to the

198-29 voter. The voter shall mail his absent ballot to the city clerk.

198-30 3. The return envelope sent pursuant to subsection 1

198-31 must include postage prepaid by first-class mail if the absent

198-32 voter is within the boundaries of the United States, its

198-33 territories or possessions or on a military base.

198-34 [3.] 4. Nothing may be enclosed or sent with an absent

198-35 ballot except as required by subsection 1 [.

198-36 4.] or 2.

198-37 5. Before depositing [the] a ballot with the United States

198-38 Postal Service [,] or sending a ballot by facsimile machine,

198-39 the city clerk shall record the date the ballot is issued, the

198-40 name of the registered voter to whom it is issued, his precinct

198-41 or district, the number of the ballot and any remarks he finds

198-42 appropriate.

198-43 6. The secretary of state shall adopt regulations to

198-44 carry out the provisions of subsection 2.

199-1 2. Chapter 412, Statutes of Nevada 2001, at page 2042, is

199-2 hereby amended by adding thereto a new section to be designated as

199-3 section 40, immediately following section 39, to read as follows:

199-4 Sec. 40. Sections 4, 5 and 25 of this act become

199-5 effective at 12:01 a.m. on October 1, 2001.

199-6 Sec. 69. Sections 8, 10 and 85 of chapter 416, Statutes of

199-7 Nevada 2001, at pages 2075, 2076 and 2115, respectively, are

199-8 hereby amended to read respectively as follows:

199-9 Sec. 8. NRS 218.5388 is hereby amended to read as

199-10 follows:

199-11 218.5388 As used in NRS 218.5388 to 218.53886,

199-12 inclusive, and section 7 of this act, “committee” means a

199-13 legislative committee for local government taxes and finance.

199-14 Sec. 10. NRS 266.285 is hereby amended to read as

199-15 follows:

199-16 266.285 [The] Except as otherwise provided in sections

199-17 13, 14 and 15 of this act, a city council may:

199-18 1. Provide, by contract, franchise or public enterprise,

199-19 for any utility to be furnished to the city for the residents

199-20 thereof.

199-21 2. Provide for the construction of any facility necessary

199-22 for the provision of the utility.

199-23 3. Fix the rate to be paid for any utility provided by

199-24 public enterprise. Any charges due for services, facilities or

199-25 commodities furnished by any utility owned by the city is a

199-26 lien upon the property to which the service is rendered and

199-27 must be perfected by recording with the county recorder a

199-28 statement by the city clerk of the amount due and unpaid and

199-29 describing the property subject to the lien. Each such lien:

199-30 (a) Is coequal with the latest lien thereon to secure the

199-31 payment of general taxes.

199-32 (b) Is not subject to extinguishment by the sale of any

199-33 property because of the nonpayment of general taxes.

199-34 (c) Is prior and superior to all liens, claims, encumbrances

199-35 and titles other than the liens of assessments and general

199-36 taxes.

199-37 Sec. 85. 1. This section and sections 1 to 7, inclusive,

199-38 9, 11 to 82, inclusive, 83.5 and 84 of this act [becomes]

199-39 become effective on July 1, 2001 . [, and]

199-40 2. Sections 8 and 10 of this act become effective at

199-41 12:01 a.m. on July 1, 2001.

199-42 3. This act expires by limitation on July 1, 2003.

200-1 Sec. 70. 1. Section 3 of chapter 419, Statutes of Nevada

200-2 2001, at page 2124, is hereby amended to read as follows:

200-3 Sec. 3. NRS 244A.7643 is hereby amended to read as

200-4 follows:

200-5 244A.7643 1. [The] Except as otherwise provided in

200-6 this section, the board of county commissioners in a county

200-7 whose population is 20,000 or more [than 100,000] but less

200-8 than 400,000 may, by ordinance, impose a surcharge on:

200-9 (a) Each access line or trunk line of each customer to the

200-10 local exchange of any telephone company providing those

200-11 lines in the county; and

200-12 (b) The mobile telephone service provided to each

200-13 customer of that service who resides in the county,

200-14 for the enhancement of the telephone system for reporting an

200-15 emergency in the county.

200-16 2. The board of county commissioners of a county

200-17 whose population is less than 100,000 may not impose a

200-18 surcharge pursuant to this section unless the board first

200-19 adopts a 5-year master plan for the enhancement of the

200-20 telephone system for reporting emergencies in the county.

200-21 The master plan must include an estimate of the cost of the

200-22 enhancement of the telephone system and all proposed

200-23 sources of money for funding the enhancement.

200-24 3. The surcharge imposed by a board of county

200-25 commissioners pursuant to [subsection 1:] this section:

200-26 (a) For each access line to the local exchange of a

200-27 telephone company, must not exceed 25 cents each month;

200-28 (b) For each trunk line to the local exchange of a

200-29 telephone company, must equal 10 times the amount of the

200-30 surcharge imposed for each access line to the local exchange

200-31 of a telephone company pursuant to paragraph (a); and

200-32 (c) For each telephone number assigned to a customer by

200-33 a supplier of mobile telephone service, must equal the amount

200-34 of the surcharge imposed for each access line to the local

200-35 exchange of a telephone company pursuant to paragraph (a).

200-36 [3.] 4. A telephone company which provides access

200-37 lines or trunk lines in a county which imposes a surcharge

200-38 pursuant to this section or a supplier which provides mobile

200-39 telephone service to a customer in such a county, shall collect

200-40 the surcharge from its customers each month. Except as

200-41 otherwise provided in NRS 244A.7647, the telephone

200-42 company or supplier shall remit the surcharge it collects to

200-43 the treasurer of the county [where] in which the surcharge is

200-44 imposed not later than the 15th day of the month after the

201-1 month it receives payment of the surcharge from its

201-2 customers.

201-3 [4.] 5. An ordinance adopted pursuant to subsection 1

201-4 may include a schedule of penalties for the delinquent

201-5 payment of amounts due from telephone companies or

201-6 suppliers pursuant to this section. Such a schedule:

201-7 (a) Must provide for a grace period of not less than 90

201-8 days after the date on which the telephone company or

201-9 supplier must otherwise remit the surcharge to the county

201-10 treasurer; and

201-11 (b) Must not provide for a penalty that exceeds 5 percent

201-12 of the cumulative amount of surcharges owed by a telephone

201-13 company or a supplier.

201-14 [5.] 6. As used in this section, “trunk line” means a line

201-15 which provides a channel between a switchboard owned by a

201-16 customer of a telephone company and the local exchange of

201-17 the telephone company.

201-18 2. Chapter 419, Statutes of Nevada 2001, at page 2126, is

201-19 hereby amended by adding thereto a new section to be designated as

201-20 section 5.5, immediately following section 5, to read as follows:

201-21 Sec. 5.5. Section 3 of chapter 346, Statutes of Nevada

201-22 2001, at page 1643, is hereby amended to read as follows:

201-23 Sec. 3. NRS 244A.7643 is hereby amended to read

201-24 as follows:

201-25 244A.7643 1. Except as otherwise provided in this

201-26 section, the board of county commissioners in a county

201-27 whose population is 20,000 or more but less than 400,000

201-28 may, by ordinance, impose a surcharge on:

201-29 (a) Each access line or trunk line of each customer to

201-30 the local exchange of any telephone company providing

201-31 those lines in the county; and

201-32 (b) The mobile telephone service provided to each

201-33 customer of that service [who resides] whose place of

201-34 primary use is in the county,

201-35 for the enhancement of the telephone system for reporting

201-36 an emergency in the county.

201-37 2. The board of county commissioners of a county

201-38 whose population is less than 100,000 may not impose a

201-39 surcharge pursuant to this section unless the board first

201-40 adopts a 5-year master plan for the enhancement of the

201-41 telephone system for reporting emergencies in the county.

201-42 The master plan must include an estimate of the cost of the

201-43 enhancement of the telephone system and all proposed

201-44 sources of money for funding the enhancement.

202-1 3. The surcharge imposed by a board of county

202-2 commissioners pursuant to this section:

202-3 (a) For each access line to the local exchange of a

202-4 telephone company, must not exceed 25 cents each month;

202-5 (b) For each trunk line to the local exchange of a

202-6 telephone company, must equal 10 times the amount of

202-7 the surcharge imposed for each access line to the local

202-8 exchange of a telephone company pursuant to paragraph

202-9 (a); and

202-10 (c) For each telephone number assigned to a customer

202-11 by a supplier of mobile telephone service, must equal the

202-12 amount of the surcharge imposed for each access line to

202-13 the local exchange of a telephone company pursuant to

202-14 paragraph (a).

202-15 4. A telephone company which provides access lines

202-16 or trunk lines in a county which imposes a surcharge

202-17 pursuant to this section or a supplier which provides

202-18 mobile telephone service to a customer in such a county [,]

202-19 shall collect the surcharge from its customers each month.

202-20 Except as otherwise provided in NRS 244A.7647, the

202-21 telephone company or supplier shall remit the surcharge it

202-22 collects to the treasurer of the county in which the

202-23 surcharge is imposed not later than the 15th day of the

202-24 month after the month it receives payment of the

202-25 surcharge from its customers.

202-26 5. An ordinance adopted pursuant to subsection 1

202-27 may include a schedule of penalties for the delinquent

202-28 payment of amounts due from telephone companies or

202-29 suppliers pursuant to this section. Such a schedule:

202-30 (a) Must provide for a grace period of not less than 90

202-31 days after the date on which the telephone company or

202-32 supplier must otherwise remit the surcharge to the county

202-33 treasurer; and

202-34 (b) Must not provide for a penalty that exceeds 5

202-35 percent of the cumulative amount of surcharges owed by a

202-36 telephone company or a supplier.

202-37 6. As used in this section, “trunk line” means a line

202-38 which provides a channel between a switchboard owned

202-39 by a customer of a telephone company and the local

202-40 exchange of the telephone company.

202-41 Sec. 71. 1. Section 8 of chapter 425, Statutes of Nevada

202-42 2001, at page 2141, is hereby amended to read as follows:

202-43 Sec. 8. 1. This section and sections 1 to 6, inclusive,

202-44 and 7 of this act [becomes] become effective on July 1, 2001.

203-1 2. Section 6.5 of this act becomes effective at 12:01

203-2 a.m. on July 1, 2001.

203-3 2. Chapter 425, Statutes of Nevada 2001, at page 2141, is

203-4 hereby amended by adding thereto a new section to be designated as

203-5 section 6.5, immediately following section 6, to read as follows:

203-6 Sec. 6.5. NRS 284.384 is hereby amended to read as

203-7 follows:

203-8 284.384 1. The director shall propose, and the

203-9 commission shall adopt, regulations which provide for the

203-10 adjustment of grievances for which a hearing is not provided

203-11 by NRS 284.165, 284.245, 284.376 or 284.390 [.] or section

203-12 4 of this act. Any grievance for which a hearing is not

203-13 provided by NRS 284.165, 284.245, 284.376 or 284.390 or

203-14 section 4 of this act is subject to adjustment pursuant to this

203-15 section.

203-16 2. The regulations must provide procedures for:

203-17 (a) Consideration and adjustment of the grievance within

203-18 the agency in which it arose.

203-19 (b) Submission to the employee-management committee

203-20 for a final decision if the employee is still dissatisfied with

203-21 the resolution of the dispute.

203-22 3. The regulations must include provisions for:

203-23 (a) Submitting each proposed resolution of a dispute

203-24 which has a fiscal effect to the budget division of the

203-25 department of administration for a determination by that

203-26 division whether the resolution is feasible on the basis of its

203-27 fiscal effects; and

203-28 (b) Making the resolution binding.

203-29 4. Any grievance which is subject to adjustment

203-30 pursuant to this section may be appealed to the employee-

203-31 management committee for a final decision.

203-32 5. The employee may represent himself at any hearing

203-33 regarding a grievance which is subject to adjustment pursuant

203-34 to this section or be represented by an attorney or other

203-35 person of the employee’s own choosing.

203-36 6. As used in this section, “grievance” means an act,

203-37 omission or occurrence which an employee who has attained

203-38 permanent status feels constitutes an injustice relating to any

203-39 condition arising out of the relationship between an employer

203-40 and an employee, including, but not limited to, compensation,

203-41 working hours, working conditions, membership in an

203-42 organization of employees or the interpretation of any law,

203-43 regulation or disagreement.

204-1 Sec. 72. Chapter 445, Statutes of Nevada 2001, at page 2163,

204-2 is hereby amended by adding thereto a new section to be designated

204-3 as section 16.5, immediately following section 16, to read as

204-4 follows:

204-5 Sec. 16.5. NRS 353B.110 is hereby amended to read as

204-6 follows:

204-7 353B.110 The board:

204-8 1. May modify the [rules] regulations for the

204-9 implementation of the program [established] adopted

204-10 pursuant to subsection 2 of NRS 353B.090.

204-11 2. May establish agreements to fulfill its obligations

204-12 under the prepaid tuition contracts.

204-13 3. May contract for any necessary good or service,

204-14 including, without limitation, the power to engage financial

204-15 consultants, actuaries or legal counsel.

204-16 4. May procure insurance against any loss in connection

204-17 with the property, assets or activities of the trust fund, the

204-18 state treasurer or the board.

204-19 5. May solicit and accept a gift, including, without

204-20 limitation, a bequeathment or other testamentary gift, grant,

204-21 loan or aid from any source.

204-22 6. Shall solicit answers to requests for rulings from the

204-23 Internal Revenue Service regarding the tax status of fees paid

204-24 to or on behalf of a purchaser or a qualified beneficiary

204-25 pursuant to a prepaid tuition contract.

204-26 Sec. 73. Sections 91, 108, 243 and 245 of chapter 446,

204-27 Statutes of Nevada 2001, at pages 2196, 2205 and 2256, are hereby

204-28 amended to read respectively as follows:

204-29 Sec. 91. 1. An applicant for a license as a producer

204-30 of insurance who desires to use a name other than his true

204-31 name as shown on the license shall file with the

204-32 commissioner a certified copy of the certificate or any

204-33 renewal certificate filed pursuant to chapter 602 of NRS. An

204-34 incorporated applicant or licensee shall file with the

204-35 commissioner a document showing the corporation’s true

204-36 name and all fictitious names under which it conducts or

204-37 intends to conduct business. A licensee shall file promptly

204-38 with the commissioner written notice of any change in or

204-39 discontinuance of the use of a fictitious name.

204-40 2. The commissioner may disapprove in writing the use

204-41 of a true name, other than the true name of a natural

204-42 person who is the applicant or licensee, or a fictitious name

204-43 of any applicant or licensee, on any of the following

204-44 grounds:

205-1 (a) The name interferes with or is deceptively similar to

205-2 a name already filed and in use by another licensee.

205-3 (b) Use of the name may mislead the public in any

205-4 respect.

205-5 (c) The name states or implies that the applicant or

205-6 licensee is an insurer, motor club or hospital service plan or

205-7 is entitled to engage in activities related to insurance not

205-8 permitted under the license applied for or held.

205-9 (d) The name states or implies that the licensee is an

205-10 underwriter, but:

205-11 (1) A natural person licensed as an agent or broker

205-12 for life insurance may describe himself as an underwriter or

205-13 “chartered life underwriter” if entitled to do so;

205-14 (2) A natural person licensed for property and

205-15 casualty insurance may use the designation “chartered

205-16 property and casualty underwriter” if entitled thereto; and

205-17 (3) An insurance agent or brokers’ trade association

205-18 may use a name containing the word “underwriter.”

205-19 (e) The licensee has already filed and not discontinued

205-20 the use of more than two names, including the true name.

205-21 3. A licensee shall not use a name after written notice

205-22 from the commissioner that its use violates the provisions of

205-23 this section. If the commissioner determines that the use is

205-24 justified by mitigating circumstances, he may permit, in

205-25 writing, the use of the name to continue for a specified

205-26 reasonable period upon conditions imposed by him for the

205-27 protection of the public consistent with this section.

205-28 4. Paragraphs (a), (c) and (d) of subsection 2 do not

205-29 apply to the true name of an organization which on July 1,

205-30 1965, held under that name a type of license similar to those

205-31 governed by this chapter, or to a fictitious name used on

205-32 July 1, 1965, by a natural person or organization holding

205-33 such a license, if the fictitious name was filed with the

205-34 commissioner on or before July 1, 1965.

205-35 Sec. 108. (Deleted by amendment.)

205-36 Sec. 243. NRS 683A.030, 683A.040, 683A.050,

205-37 683A.070, 683A.080, 683A.100, 683A.120, 683A.130,

205-38 683A.150, 683A.170, 683A.180, 683A.190, 683A.200,

205-39 683A.220, 683A.230, 683A.240, 683A.260, 683A.270,

205-40 683A.280, 683A.290, 683A.300, 683A.320, 683A.330,

205-41 683A.340, 683A.360, 683A.380, 683A.420, 683A.430,

205-42 683A.440, 683A.450, 683A.460, 683A.470, 689B.160,

205-43 689B.220, 689B.230, 689B.240 and 693A.360 are hereby

205-44 repealed.

206-1 Sec. 245. 1. This section and section 242 of this act

206-2 become effective upon passage and approval.

206-3 2. Sections 1 to 241, inclusive, 243 and 244 of this act

206-4 become effective on October 1, 2001.

206-5 3. [Section] Sections 59 and 65 of this act [expires]

206-6 expire by limitation on October 1, 2003.

206-7 Sec. 74. Sections 7, 13 and 15 of chapter 448, Statutes of

206-8 Nevada 2001, at pages 2262, 2275 and 2279, respectively, are

206-9 hereby amended to read respectively as follows:

206-10 Sec. 7. NRS 338.1373 is hereby amended to read as

206-11 follows:

206-12 338.1373 1. A local government shall award a contract

206-13 for the construction, alteration or repair of a public work

206-14 pursuant to the provisions of:

206-15 (a) NRS 338.1377 to 338.1389, inclusive [;] , and

206-16 sections 2 and 3 of this act; or

206-17 (b) NRS 338.143, 338.145 and 338.147 [.] and section 4

206-18 of this act.

206-19 2. The provisions of NRS 338.1375 to 338.1383,

206-20 inclusive, and section 2 of this act do not apply with respect

206-21 to contracts for the construction, reconstruction, improvement

206-22 and maintenance of highways that are awarded by the

206-23 department of transportation pursuant to NRS 408.313 to

206-24 408.433, inclusive, and section 1 of Assembly Bill No. 86 of

206-25 this session.

206-26 Sec. 13. NRS 338.1711 is hereby amended to read as

206-27 follows:

206-28 338.1711 1. Except as otherwise provided in this

206-29 section, a public body shall contract with a prime contractor

206-30 for the construction of a public work for which the estimated

206-31 cost exceeds $100,000.

206-32 2. A public body may contract with a design-build team

206-33 for the design and construction of a public work that is a

206-34 discrete project if the public body determines that:

206-35 (a) The public work is:

206-36 (1) A plant or facility for the treatment and pumping

206-37 of water or the treatment and disposal of wastewater or

206-38 sewage, the estimated cost of which exceeds $100,000,000;

206-39 or

206-40 (2) Any other type of public work, except a stand-

206-41 alone underground utility project, the estimated cost of which

206-42 exceeds $30,000,000; and

206-43 (b) Contracting with a design-build team will enable the

206-44 public body to:

207-1 (1) Design and construct the public work at a cost that

207-2 is significantly lower than the cost that the public body would

207-3 incur to design and construct the public work using a different

207-4 method;

207-5 (2) Design and construct the public work in a shorter

207-6 time than would be required to design and construct the

207-7 public work using a different method, if exigent

207-8 circumstances require that the public work be designed and

207-9 constructed within a short time; or

207-10 (3) Ensure that the design and construction of the

207-11 public work is properly coordinated, if the public work is

207-12 unique, highly technical and complex in nature.

207-13 3. Each state agency and each local government may

207-14 contract with a design-build team once in each fiscal year for

207-15 the design and construction of a public work if the governing

207-16 body of the entity that is responsible for financing the public

207-17 work determines that:

207-18 (a) The estimated cost of the public work is:

207-19 (1) At least $250,000 but less than $30,000,000 if the

207-20 public work is the construction of a park and appurtenances

207-21 thereto, the rehabilitation or remodeling of a public building,

207-22 or the construction of an addition to a public building;

207-23 (2) At least $500,000 but less than $30,000,000 if the

207-24 public work is the construction of a new public building;

207-25 (3) At least $5,000,000 but less than $100,000,000 if

207-26 the public work is the construction, alteration or repair of a

207-27 plant or facility for the treatment and pumping of water or the

207-28 treatment and disposal of wastewater or sewage; or

207-29 (4) At least $5,000,000 but less than $30,000,000 if

207-30 the public work is the construction, alteration or repair of any

207-31 other fixed works as described in subsection 2 of NRS

207-32 624.215; and

207-33 (b) Contracting with a design-build team will enable the

207-34 public body to:

207-35 (1) Design and construct the public work at a cost that

207-36 is significantly lower than the cost that the public body would

207-37 incur to design and construct the public work using a different

207-38 method;

207-39 (2) Design and construct the public work in a shorter

207-40 time than would be required to design and construct the

207-41 public work using a different method, if exigent

207-42 circumstances require that the public work be designed and

207-43 constructed within a short time; or

208-1 (3) Ensure that the design and construction of the

208-2 public work is properly coordinated, if the public work is

208-3 unique, highly technical and complex in nature.

208-4 4. Notwithstanding the provisions of subsections 1, 2

208-5 and 3, a public body may contract with:

208-6 (a) A nonprofit organization for the design and

208-7 construction of a project to restore, enhance or develop

208-8 wetlands.

208-9 (b) A prime contractor [, specialty contractor] or design-

208-10 build team with respect to a public work if the public body

208-11 determines that the public work is:

208-12 (1) Not part of a larger public work; and

208-13 (2) Limited in scope to:

208-14 (I) Removal of asbestos;

208-15 (II) Replacement of equipment or systems for

208-16 heating, ventilation and air-conditioning;

208-17 (III) Replacement of a roof;

208-18 (IV) Landscaping; or

208-19 (V) Restoration, enhancement or development of

208-20 wetlands.

208-21 5. As used in this section, “state agency” includes an

208-22 agency, bureau, board, commission, department, division or

208-23 any other unit of the legislative department, judicial

208-24 department or executive department of state government or

208-25 the University and Community College System of Nevada.

208-26 Sec. 15. 1. This section and sections 1 to 4, inclusive,

208-27 [7, 10, 13] 10 and 14 of this act become effective on July 1,

208-28 2001.

208-29 2. Sections 5 [and] , 7, 11 and 13 of this act become

208-30 effective at 12:01 a.m. on July 1, 2001.

208-31 3. Sections 8 and 14.5 of this act become effective at

208-32 12:02 a.m. on July 1, 2001.

208-33 [4. Sections 13 and 14 of this act expire by limitation on

208-34 October 1, 2003.]

208-35 Sec. 75. Sections 7 and 10 of chapter 453, Statutes of Nevada

208-36 2001, at pages 2285 and 2286, respectively, are hereby amended to

208-37 read respectively as follows:

208-38 Sec. 7. NRS 284.140 is hereby amended to read as

208-39 follows:

208-40 284.140 The unclassified service of the state consists of

208-41 the following state officers or employees in the executive

208-42 department of the state government who receive annual

208-43 salaries for their service:

209-1 1. Members of boards and commissions, and heads of

209-2 departments, agencies and institutions required by law to be

209-3 appointed.

209-4 2. Except as otherwise provided in section 3 of this act

209-5 and NRS 223.085 and 223.570, all persons required by law to

209-6 be appointed by the governor or heads of departments or

209-7 agencies appointed by the governor or by boards.

209-8 3. All employees other than clerical in the office of the

209-9 attorney general and the state public defender required by law

209-10 to be appointed by the attorney general or the state public

209-11 defender.

209-12 4. Except as otherwise provided by the board of regents

209-13 of the University of Nevada pursuant to NRS 396.251,

209-14 officers and members of the teaching staff and the staffs of

209-15 the agricultural extension department and experiment station

209-16 of the University and Community College System of Nevada,

209-17 or any other state institution of learning, and student

209-18 employees of these institutions. Custodial, clerical or

209-19 maintenance employees of these institutions are in the

209-20 classified service. The board of regents of the University of

209-21 Nevada shall assist the director in carrying out the provisions

209-22 of this chapter applicable to the University and Community

209-23 College System of Nevada.

209-24 5. All other officers and employees authorized by law to

209-25 be employed in the unclassified service.

209-26 Sec. 10. 1. This section and sections 1 to 6, inclusive,

209-27 8 and 9 of this act [becomes] become effective on July 1,

209-28 2001.

209-29 2. Section 7 of this act becomes effective at 12:01 a.m.

209-30 on July 1, 2001.

209-31 Sec. 76. Sections 1, 6 and 8 of chapter 454, Statutes of Nevada

209-32 2001, at pages 2287, 2290 and 2291, respectively, are hereby

209-33 amended to read respectively as follows:

209-34 Section 1. NRS 281.230 is hereby amended to read as

209-35 follows:

209-36 281.230 1. Except as otherwise provided in this

209-37 section and NRS 218.605, the following persons shall not, in

209-38 any manner, directly or indirectly, receive any commission,

209-39 personal profit or compensation of any kind resulting from

209-40 any contract or other significant transaction in which the

209-41 employing state, county, municipality, township, district or

209-42 quasi-municipal corporation is in any way directly interested

209-43 or affected:

209-44 (a) State, county, municipal, district and township officers

209-45 of the State of Nevada;

210-1 (b) Deputies and employees of state, county, municipal,

210-2 district and township officers; and

210-3 (c) Officers and employees of quasi-municipal

210-4 corporations.

210-5 2. A member of any board, commission or similar body

210-6 who is engaged in the profession, occupation or business

210-7 regulated by the board, commission or body may, in the

210-8 ordinary course of his business, bid on or enter into a contract

210-9 with any governmental agency, except the board or

210-10 commission of which he is a member, if he has not taken part

210-11 in developing the contract plans or specifications and he will

210-12 not be personally involved in opening, considering or

210-13 accepting offers.

210-14 3. A full- or part-time faculty member or employee of

210-15 the University and Community College System of Nevada

210-16 may bid on or enter into a contract with a governmental

210-17 agency, or may benefit financially or otherwise from a

210-18 contract between a governmental agency and a private entity,

210-19 if the contract complies with the policies established by the

210-20 board of regents of the University of Nevada pursuant to

210-21 section 1 of [this act.] Senate Bill No. 543 of this session.

210-22 4. A public officer or employee, other than an officer or

210-23 employee described in subsection 2 or 3, may bid on or enter

210-24 into a contract with a governmental agency if the contracting

210-25 process is controlled by rules of open competitive bidding,

210-26 the sources of supply are limited, he has not taken part in

210-27 developing the contract plans or specifications and he will not

210-28 be personally involved in opening, considering or accepting

210-29 offers.

210-30 5. A person who violates any of the provisions of this

210-31 section shall be punished as provided in NRS 197.230 and:

210-32 (a) Where the commission, personal profit or

210-33 compensation is $250 or more, for a category D felony as

210-34 provided in NRS 193.130.

210-35 (b) Where the commission, personal profit or

210-36 compensation is less than $250, for a misdemeanor.

210-37 6. A person who violates the provisions of this section

210-38 shall pay any commission, personal profit or compensation

210-39 resulting from the contract or transaction to the employing

210-40 state, county, municipality, township, district or quasi-

210-41 municipal corporation as restitution.

210-42 Sec. 6. NRS 281.561 is hereby amended to read as

210-43 follows:

210-44 281.561 1. Except as otherwise provided in subsection

210-45 2 or 3, if a candidate for public office or a public officer is

211-1 entitled to receive compensation for serving in the office in

211-2 question, he shall file with the commission, and with the

211-3 officer with whom declarations of candidacy for the office in

211-4 question are filed, a statement of financial disclosure, as

211-5 follows:

211-6 (a) A candidate for nomination, election or reelection to

211-7 public office shall file a statement of financial disclosure no

211-8 later than the 10th day after the last day to qualify as a

211-9 candidate for the office.

211-10 (b) A public officer appointed to fill the unexpired term of

211-11 an elected public officer shall file a statement of financial

211-12 disclosure within 30 days after his appointment.

211-13 (c) Every public officer, whether appointed or elected,

211-14 shall file a statement of financial disclosure on or before

211-15 March 31 of each year of the term, including the year the

211-16 term expires.

211-17 (d) A public officer who leaves office on a date other than

211-18 the expiration of his term or anniversary of his appointment

211-19 or election, shall file a statement of financial disclosure

211-20 within 60 days after leaving office.

211-21 2. A statement filed pursuant to one of the paragraphs of

211-22 subsection 1 may be used to satisfy the requirements of

211-23 another paragraph of subsection 1 if the initial statement was

211-24 filed not more than 3 months before the other statement is

211-25 required to be filed. [The public officer shall notify the

211-26 commission in writing of his intention to use the previously

211-27 filed statement to fulfill the present requirement.]

211-28 3. If a person is serving in a public office for which he is

211-29 required to file a statement pursuant to subsection 1, he may

211-30 use the statement he files for that initial office to satisfy the

211-31 requirements of subsection 1 for every other public office in

211-32 which he is also serving. [The person shall notify the

211-33 commission in writing of his intention to use the statement for

211-34 the initial office to fulfill the requirements of subsection 1 for

211-35 every other office.]

211-36 4. A person may satisfy the requirements of subsection 1

211-37 by filing with the commission a copy of a statement of

211-38 financial disclosure that was filed pursuant to the

211-39 requirements of a specialized or local ethics committee if the

211-40 form of the statement has been approved by the commission.

211-41 5. A candidate for judicial office or a judicial officer

211-42 shall file a statement of financial disclosure pursuant to the

211-43 requirements of Canon 4I of the Nevada Code of Judicial

211-44 Conduct. Such a statement of financial disclosure must

211-45 include, without limitation, all information required to be

212-1 included in a statement of financial disclosure pursuant to

212-2 NRS 281.571.

212-3 Sec. 8. 1. This section and sections 1, 2 [and 4 to 7,

212-4 inclusive,] , 4, 5 and 7 of this act become effective on

212-5 October 1, 2001.

212-6 2. [Section] Sections 3 and 6 of this act [becomes]

212-7 become effective at 12:01 a.m. on October 1, 2001.

212-8 Sec. 77. Sections 12, 36, 37, 38, 40, 43, 45, 47, 53, 54 and 60

212-9 of chapter 456, Statutes of Nevada 2001, at pages 2306, 2319, 2320,

212-10 2323, 2324, 2327, 2333, 2336, 2337 and 2338, are hereby amended

212-11 to read respectively as follows:

212-12 Sec. 12. NRS 350.004 is hereby amended to read as

212-13 follows:

212-14 350.004 1. Before any proposal to incur a general

212-15 obligation debt or levy a special elective tax may be

212-16 submitted to the electors of a municipality, before any

212-17 issuance of general obligation bonds pursuant to subsection 4

212-18 of NRS 350.020 , before entering into an installment-

212-19 purchase agreement with a term of more than 10 years or ,

212-20 before any other formal action may be taken preliminary to

212-21 the incurrence of any general obligation debt, the proposed

212-22 incurrence or levy must receive the favorable vote of two-

212-23 thirds of the members of the commission of each county in

212-24 which the municipality is situated.

212-25 2. Before the board of trustees of a district organized or

212-26 reorganized pursuant to chapter 318 of NRS whose

212-27 population within its boundaries is less than 5,000 [,] incurs a

212-28 medium-term obligation or otherwise borrows money or

212-29 issues securities to evidence such borrowing, other than

212-30 securities representing a general obligation debt [,] or

212-31 installment-purchase agreements with a term of 10 years or

212-32 less, the proposed borrowing or issuing of securities must

212-33 receive the favorable vote of a majority of the members of the

212-34 commission of each county in which the district is situated.

212-35 3. When any municipality other than a general

212-36 improvement district whose population within its boundaries

212-37 is less than 5,000 [,] issues any special obligations, it shall so

212-38 notify in its annual report the commission of each county in

212-39 which any of its territory is situated.

212-40 4. The commission shall not approve any proposal

212-41 submitted to it pursuant to this section by a municipality:

212-42 (a) Which, if the proposal is for the financing of a capital

212-43 improvement, is not included in its plan for capital

212-44 improvement submitted pursuant to NRS 350.0035, if such a

212-45 plan is required to be submitted;

213-1 (b) If, based upon:

213-2 (1) Estimates of the amount of tax revenue from

213-3 property taxes needed for the special elective tax, or to repay

213-4 the general obligation debt, and the dates that revenue will be

213-5 needed, as provided by the municipality;

213-6 (2) Estimates of the assessed valuation of the

213-7 municipality for each of the years in which tax revenue is

213-8 needed, as provided by the municipality;

213-9 (3) The amount of any other required levies of

213-10 property taxes, as shown on the most recently filed final

213-11 budgets of each entity authorized to levy property taxes on

213-12 any property within the municipality submitting the proposal;

213-13 and

213-14 (4) Any other factor the municipality discloses to the

213-15 commission,

213-16 the proposal would result in a combined property tax rate in

213-17 any of the overlapping entities within the county which

213-18 exceeds the limit provided in NRS 361.453, unless the

213-19 proposal also includes an agreement which complies with

213-20 NRS 361.457 and which is approved by the governing bodies

213-21 of all affected municipalities within the area as to how the

213-22 combined property tax rates will be brought into compliance

213-23 with the statutory limitation or unless the commission

213-24 adopts a plan that is approved by the executive director of

213-25 the department of taxation pursuant to which the combined

213-26 property tax rate will be in compliance with the statutory

213-27 limitation; or

213-28 (c) If, based upon the factors listed in subparagraphs (1)

213-29 to (4), inclusive, of paragraph (b), the proposal will affect the

213-30 ability of an affected governmental entity to levy the

213-31 maximum amount of property taxes that it may levy pursuant

213-32 to NRS 354.59811, unless:

213-33 (1) The proposal includes a resolution approving the

213-34 proposal pursuant to subsection 3 of section 3 of Senate Bill

213-35 No. 123 of this [act] session from each affected governmental

213-36 entity whose ability to levy property taxes will be affected by

213-37 the commission’s approval of the proposal; or

213-38 (2) The commission has resolved all conflicts between

213-39 the municipality and all affected governmental entities and

213-40 has approved the increase in property taxes resulting from the

213-41 proposal pursuant to section 3 of Senate Bill No. 123 of this

213-42 [act.] session.

213-43 5. Except as otherwise provided in subsection 6, if

213-44 general obligation debt is to be incurred more than 36 months

213-45 after the approval of that debt by the commission, the

214-1 governing body of the municipality shall obtain [the]

214-2 additional approval of the [executive director of the

214-3 department of taxation] commission before incurring the

214-4 general obligation debt. The [executive director] commission

214-5 shall only approve [the] a proposal that is submitted

214-6 pursuant to this subsection if, based on the information set

214-7 forth in paragraph (b) of subsection 4 that is accurate as of the

214-8 date on which the governing body submits , pursuant to this

214-9 subsection, its request for approval to the [executive

214-10 director:] commission:

214-11 (a) Incurrence of the general obligation debt will not

214-12 result in a combined property tax rate in any of the

214-13 overlapping entities within the county which exceeds the limit

214-14 provided in NRS 361.453; [or]

214-15 (b) The proposal includes an agreement approved by the

214-16 governing bodies of all affected municipalities within the area

214-17 as to how the combined tax rates will be brought into

214-18 compliance with the statutory limitation [.] ; or

214-19 (c) The commission adopts a plan that is approved by

214-20 the executive director of the department of taxation

214-21 pursuant to which the combined property tax rate will be in

214-22 compliance with the statutory limitation.

214-23 The approval of the [executive director] commission

214-24 pursuant to this subsection is effective for 18 months. The

214-25 governing body of the municipality may renew that approval

214-26 for successive periods of 18 months by filing an application

214-27 for renewal with the [executive director.] commission. Such

214-28 an application must be accompanied by the information set

214-29 forth in paragraph (b) of subsection 4 that is accurate as of the

214-30 date the governing body files the application for renewal.

214-31 6. The [executive director of the department of taxation]

214-32 commission may not approve a proposal pursuant to

214-33 subsection 5 which, based upon the factors listed in

214-34 subparagraphs (1) to (4), inclusive, of paragraph (b) of

214-35 subsection 4, will affect the ability of an affected

214-36 governmental entity to levy the maximum amount of property

214-37 taxes that it may levy pursuant to NRS 354.59811, unless:

214-38 (a) The proposal includes a resolution approving the

214-39 proposal pursuant to subsection 3 of section 3 of Senate Bill

214-40 No. 123 of this [act] session from each affected governmental

214-41 entity whose ability to levy property taxes will be affected by

214-42 the commission’s approval of the proposal; or

214-43 (b) The commission has resolved all conflicts between the

214-44 municipality and all affected governmental entities and has

214-45 approved the increase in property taxes resulting from the

215-1 proposal pursuant to section 3 of Senate Bill No. 123 of this

215-2 [act.

215-3 7. If the executive director does not approve a proposal

215-4 submitted to him pursuant to subsection 5, the governing

215-5 body of the municipality may appeal his decision to the

215-6 Nevada tax commission.

215-7 8.] session.

215-8 7. As used in this section, “affected governmental

215-9 entity” has the meaning ascribed to it in subsection 9 of

215-10 section 3 of Senate Bill No. 123 of this [act.] session.

215-11 Sec. 36. NRS 354.598 is hereby amended to read as

215-12 follows:

215-13 354.598 1. At the time and place advertised for public

215-14 hearing, or at any time and place to which the public hearing

215-15 is from time to time adjourned, the governing body shall hold

215-16 a public hearing on the tentative budget, at which time

215-17 interested persons must be given an opportunity to be heard.

215-18 2. At the public hearing, the governing body shall

215-19 indicate changes, if any, to be made in the tentative budget,

215-20 and shall adopt a final budget by the favorable votes of a

215-21 majority of all members of the governing body. Except as

215-22 otherwise provided in this subsection, the final budget must

215-23 be adopted on or before June 1 of each year. The final

215-24 budgets of school districts must be adopted on or before June

215-25 8 of each year and must be accompanied by copies of the

215-26 written report and written procedure prepared pursuant to

215-27 subsection 3 of NRS 385.351. Should the governing body fail

215-28 to adopt a final budget that complies with the requirements of

215-29 law and the regulations of the [department of taxation]

215-30 committee on local government finance on or before the

215-31 required date, the budget adopted and used for certification of

215-32 the combined ad valorem tax rate by the department of

215-33 taxation for the current year, adjusted as to content and rate in

215-34 such a manner as the department of taxation may consider

215-35 necessary, automatically becomes the budget for the ensuing

215-36 fiscal year. When a budget has been so adopted by default,

215-37 the governing body may not reconsider the budget without

215-38 the express approval of the department of taxation. If the

215-39 default budget creates a combined ad valorem tax rate in

215-40 excess of the limit imposed by NRS 361.453, the Nevada tax

215-41 commission shall adjust the budget as provided in NRS

215-42 361.4547 or 361.455.

215-43 3. The final budget must be certified by a majority of all

215-44 members of the governing body and a copy of it, together

215-45 with an affidavit of proof of publication of the notice of the

216-1 public hearing, must be transmitted to the Nevada tax

216-2 commission. If a tentative budget is adopted by default as

216-3 provided in subsection 2, the clerk of the governing body

216-4 shall certify the budget and transmit to the Nevada tax

216-5 commission a copy of the budget, together with an affidavit

216-6 of proof of the notice of the public hearing, if that notice was

216-7 published. Certified copies of the final budget must be

216-8 distributed as determined by the department of taxation.

216-9 4. Upon the adoption of the final budget or the

216-10 amendment of the budget in accordance with section 5 of

216-11 [this act,] Senate Bill No. 317 of this session, the several

216-12 amounts stated in it as proposed expenditures are

216-13 appropriated for the purposes indicated in the budget.

216-14 5. No governing body may adopt any budget which

216-15 appropriates for any fund any amount in excess of the budget

216-16 resources of that fund.

216-17 6. If a local government makes a change in its final

216-18 budget which increases the combined ad valorem tax rate, the

216-19 local government shall submit the amended final budget to

216-20 the county auditor within 15 days after making the change.

216-21 Sec. 37. NRS 354.59811 is hereby amended to read as

216-22 follows:

216-23 354.59811 1. Except as otherwise provided in NRS

216-24 354.59813, 354.59815, 354.5982, 354.5987, 354.705,

216-25 354.723, 450.425, 450.760, 540A.265 and 543.600, and

216-26 section 4 of Senate Bill No. 203 of this session, for each fiscal

216-27 year beginning on or after July 1, 1989, the maximum amount

216-28 of money that a local government, except a school district, a

216-29 district to provide a telephone number for emergencies [,] or a

216-30 redevelopment agency, may receive from taxes ad valorem,

216-31 other than those attributable to the net proceeds of minerals or

216-32 those levied for the payment of bonded indebtedness and

216-33 interest thereon incurred as general long-term debt of the

216-34 issuer, or for the payment of obligations issued to pay the cost

216-35 of a water project pursuant to NRS 349.950, or for the

216-36 payment of obligations under a capital lease executed before

216-37 April 30, 1981, must be calculated as follows:

216-38 (a) The rate must be set so that when applied to the

216-39 current fiscal year’s assessed valuation of all property which

216-40 was on the preceding fiscal year’s assessment roll, together

216-41 with the assessed valuation of property on the central

216-42 assessment roll which was allocated to the local government,

216-43 but excluding any assessed valuation attributable to the net

216-44 proceeds of minerals, assessed valuation attributable to a

216-45 redevelopment area and assessed valuation of a fire protection

217-1 district attributable to real property which is transferred from

217-2 private ownership to public ownership for the purpose of

217-3 conservation, it will produce 106 percent of the maximum

217-4 revenue allowable from taxes ad valorem for the preceding

217-5 fiscal year, except that the rate so determined must not be less

217-6 than the rate allowed for the previous fiscal year, except for

217-7 any decrease attributable to the imposition of a tax pursuant

217-8 to NRS 354.59813 in the previous year.

217-9 (b) This rate must then be applied to the total assessed

217-10 valuation, excluding the assessed valuation attributable to the

217-11 net proceeds of minerals and the assessed valuation of a fire

217-12 protection district attributable to real property which is

217-13 transferred from private ownership to public ownership for

217-14 the purpose of conservation , but including new real property,

217-15 possessory interests and mobile homes, for the current fiscal

217-16 year to determine the allowed revenue from taxes ad valorem

217-17 for the local government.

217-18 2. As used in this section, “general long-term debt” does

217-19 not include debt created for medium-term obligations

217-20 pursuant to NRS [350.085] 350.087 to 350.095, inclusive.

217-21 Sec. 38. NRS 354.59817 is hereby amended to read as

217-22 follows:

217-23 354.59817 1. In addition to the allowed revenue from

217-24 taxes ad valorem determined pursuant to NRS 354.59811,

217-25 upon the approval of a majority of the registered voters of a

217-26 county voting upon the question, the board of county

217-27 commissioners may levy a tax ad valorem on all taxable

217-28 property in the county at a rate not to exceed 15 cents per

217-29 $100 of the assessed valuation of the county. A tax must not

217-30 be levied pursuant to this section for more than 10 years.

217-31 2. The board of county commissioners shall direct the

217-32 county treasurer to distribute quarterly the proceeds of any

217-33 tax levied pursuant to the provisions of this section among the

217-34 county and the cities and towns within that county in the

217-35 proportion that the supplemental city-county relief tax

217-36 distribution factor of each of those local governments for the

217-37 1990-1991 fiscal year bears to the sum of the supplemental

217-38 city-county relief tax distribution factors of all the local

217-39 governments in the county for the 1990-1991 fiscal year.

217-40 3. The board of county commissioners shall not reduce

217-41 the rate of any tax levied pursuant to the provisions of this

217-42 section without the approval of each of the local governments

217-43 that receives a portion of the tax, except that, if a local

217-44 government declines to receive its portion of the tax in a

218-1 particular year the levy may be reduced by the amount that

218-2 local government would have received.

218-3 4. The governing body of each local government that

218-4 receives a portion of the revenue from the tax levied pursuant

218-5 to this section shall establish a separate capital projects fund

218-6 for the purposes set forth in this section. All interest and

218-7 income earned on the money in the fund must also be

218-8 deposited in the fund. The money in the fund may only be

218-9 used for:

218-10 (a) The purchase of capital assets including land,

218-11 improvements to land and major items of equipment;

218-12 (b) The construction or replacement of public works; and

218-13 (c) The renovation of existing governmental facilities, not

218-14 including normal recurring maintenance.

218-15 The money in the fund must not be used to finance the

218-16 issuance or the repayment of bonds or other obligations,

218-17 including medium-term obligations [.] and installment-

218-18 purchase agreements.

218-19 5. Money may be retained in the fund for not more than

218-20 10 years to allow the funding of projects without the issuance

218-21 of bonds or other obligations. For the purpose of determining

218-22 the length of time a deposit of money has been retained in the

218-23 fund, all money withdrawn from the fund shall be deemed to

218-24 be taken on a first-in, first-out basis. No money in the fund at

218-25 the end of the fiscal year may revert to any other fund, nor

218-26 may the money be a surplus for any other purpose than those

218-27 specified in this section.

218-28 6. The annual budget and audit report of each local

218-29 government must specifically identify this fund and must

218-30 indicate in detail the projects that have been funded with

218-31 money from the fund. Any planned accumulation of the

218-32 money in the fund must also be specifically identified.

218-33 7. The projects on which money raised pursuant to this

218-34 section will be expended must be approved by the voters in

218-35 the question submitted pursuant to subsection 1 or in a

218-36 separate question submitted on the ballot at a [primary,]

218-37 general or special election.

218-38 Sec. 40. NRS 354.6105 is hereby amended to read as

218-39 follows:

218-40 354.6105 1. A local government may establish a fund

218-41 for the extraordinary maintenance, repair or improvement of

218-42 capital projects.

218-43 2. Any interest and income earned on the money in the

218-44 fund in excess of any amount which is reserved for rebate

218-45 payments to the Federal Government pursuant to 26 U.S.C. §

219-1 148, as amended, or is otherwise required to be applied in a

219-2 specific manner by the Internal Revenue Code of 1986, as

219-3 amended, must be credited to the fund.

219-4 3. [The] Except as otherwise provided in NRS

219-5 374A.020, the money in the fund may be used only for the

219-6 extraordinary maintenance, repair or improvement of [the]

219-7 capital projects or facilities [which] that replace capital

219-8 projects of the [local government] entity that made the

219-9 deposits [into] in the fund. The money in the fund at the end

219-10 of the fiscal year may not revert to any other fund or be a

219-11 surplus for any purpose other than the purpose specified in

219-12 this subsection.

219-13 4. As used in this section, “extraordinary maintenance,

219-14 repair or improvement” means all expenses ordinarily

219-15 incurred not more than once every 5 years to maintain a

219-16 local governmental facility or capital project in a fit

219-17 operating condition.

219-18 Sec. 43. NRS 354.626 is hereby amended to read as

219-19 follows:

219-20 354.626 1. No governing body or member thereof,

219-21 officer, office, department or agency may, during any fiscal

219-22 year, expend or contract to expend any money or incur any

219-23 liability, or enter into any contract which by its terms

219-24 involves the expenditure of money, in excess of the amounts

219-25 appropriated for that function, other than bond repayments,

219-26 medium-term obligation repayments, and any other long-term

219-27 contract expressly authorized by law. Any officer or

219-28 employee of a local government who willfully violates NRS

219-29 354.470 to 354.626, inclusive, is guilty of a misdemeanor,

219-30 and upon conviction thereof ceases to hold his office or

219-31 employment. Prosecution for any violation of this section

219-32 may be conducted by the attorney general, or, in the case of

219-33 incorporated cities, school districts or special districts, by the

219-34 district attorney.

219-35 2. Without limiting the generality of the exceptions

219-36 contained in subsection 1, the provisions of this section

219-37 specifically do not apply to:

219-38 (a) Purchase of coverage and professional services

219-39 directly related to a program of insurance which require an

219-40 audit at the end of the term thereof.

219-41 (b) Long-term cooperative agreements as authorized by

219-42 chapter 277 of NRS.

219-43 (c) Long-term contracts in connection with planning and

219-44 zoning as authorized by NRS 278.010 to 278.630, inclusive.

220-1 (d) Long-term contracts for the purchase of utility service

220-2 such as, but not limited to, heat, light, sewerage, power, water

220-3 and telephone service.

220-4 (e) Contracts between a local government and an

220-5 employee covering professional services to be performed

220-6 within 24 months following the date of such contract or

220-7 contracts entered into between local government employers

220-8 and employee organizations.

220-9 (f) Contracts between a local government and any person

220-10 for the construction or completion of public works, money for

220-11 which has been or will be provided by the proceeds of a sale

220-12 of bonds , [or] medium-term obligations or an installment-

220-13 purchase agreement and that are entered into by the local

220-14 government after:

220-15 (1) Any election required for the approval of the bonds

220-16 or installment-purchase agreement has been held;

220-17 (2) Any approvals by any other governmental entity

220-18 required to be obtained before the bonds , [or] medium-term

220-19 obligations or installment-purchase agreement can be issued

220-20 have been obtained; and

220-21 (3) The ordinance or resolution that specifies each of

220-22 the terms of the bonds , [or] medium-term obligations [,] or

220-23 installment-purchase agreement, except those terms that are

220-24 set forth in paragraphs (a) to (e), inclusive, of subsection 2 of

220-25 NRS 350.165, has been adopted.

220-26 Neither the fund balance of a governmental fund nor the

220-27 equity balance in any proprietary fund may be used unless

220-28 appropriated in a manner provided by law.

220-29 (g) Contracts which are entered into by a local

220-30 government and delivered to any person solely for the

220-31 purpose of acquiring supplies, services [,] and equipment

220-32 necessarily ordered in the current fiscal year for use in an

220-33 ensuing fiscal year, and which, under the method of

220-34 accounting adopted by the local government, will be charged

220-35 against an appropriation of a subsequent fiscal year. Purchase

220-36 orders evidencing such contracts are public records available

220-37 for inspection by any person on demand.

220-38 (h) Long-term contracts for the furnishing of television or

220-39 FM radio broadcast translator signals as authorized by

220-40 NRS 269.127.

220-41 (i) The receipt and proper expenditure of money received

220-42 pursuant to a grant awarded by an agency of the Federal

220-43 Government.

220-44 (j) The incurrence of obligations beyond the current fiscal

220-45 year under a lease or contract for installment purchase which

221-1 contains a provision that the obligation incurred thereby is

221-2 extinguished by the failure of the governing body to

221-3 appropriate money for the ensuing fiscal year for the payment

221-4 of the amounts then due.

221-5 Sec. 45. NRS 355.170 is hereby amended to read as

221-6 follows:

221-7 355.170 1. Except as otherwise provided in this

221-8 section, NRS 354.750 and section 1 of Assembly Bill No. 96

221-9 of this session, a board of county commissioners, a board of

221-10 trustees of a county school district or the governing body of

221-11 an incorporated city may purchase for investment the

221-12 following securities and no others:

221-13 (a) Bonds and debentures of the United States, the

221-14 maturity dates of which do not extend more than 10 years

221-15 after the date of purchase.

221-16 (b) Farm loan bonds, consolidated farm loan bonds,

221-17 debentures, consolidated debentures and other obligations

221-18 issued by federal land banks and federal intermediate credit

221-19 banks under the authority of the Federal Farm Loan Act,

221-20 formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to

221-21 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C.

221-22 §§ 2001 to 2259, inclusive, and bonds, debentures,

221-23 consolidated debentures and other obligations issued by

221-24 banks for cooperatives under the authority of the Farm Credit

221-25 Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive,

221-26 and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259,

221-27 inclusive.

221-28 (c) Bills and notes of the United States Treasury, the

221-29 maturity date of which is not more than 10 years after the date

221-30 of purchase.

221-31 (d) Obligations of an agency or instrumentality of the

221-32 United States of America or a corporation sponsored by the

221-33 government, the maturity date of which is not more than 10

221-34 years after the date of purchase.

221-35 (e) Negotiable certificates of deposit issued by

221-36 commercial banks, insured credit unions or savings and loan

221-37 associations.

221-38 (f) Securities which have been expressly authorized as

221-39 investments for local governments or agencies, as defined in

221-40 NRS 354.474, by any provision of Nevada Revised Statutes

221-41 or by any special law.

221-42 (g) Nonnegotiable certificates of deposit issued by

221-43 insured commercial banks, insured credit unions or insured

221-44 savings and loan associations, except certificates that are not

221-45 within the limits of insurance provided by an instrumentality

222-1 of the United States, unless those certificates are

222-2 collateralized in the same manner as is required for uninsured

222-3 deposits by a county treasurer pursuant to NRS 356.133. For

222-4 the purposes of this paragraph, any reference in NRS 356.133

222-5 to a “county treasurer” or “board of county commissioners”

222-6 shall be deemed to refer to the appropriate financial officer or

222-7 governing body of the county, school district or city

222-8 purchasing the certificates.

222-9 (h) Subject to the limitations contained in NRS 355.177,

222-10 negotiable notes or [short-time negotiable bonds] medium-

222-11 term obligations issued by local governments of the State of

222-12 Nevada pursuant to NRS [350.091.] 350.087 to 350.095,

222-13 inclusive.

222-14 (i) Bankers’ acceptances of the kind and maturities made

222-15 eligible by law for rediscount with Federal Reserve Banks,

222-16 and generally accepted by banks or trust companies which are

222-17 members of the Federal Reserve System. Eligible bankers’

222-18 acceptances may not exceed 180 days’ maturity. Purchases of

222-19 bankers’ acceptances may not exceed 20 percent of the

222-20 money available to a local government for investment as

222-21 determined on the date of purchase.

222-22 (j) Obligations of state and local governments if:

222-23 (1) The interest on the obligation is exempt from gross

222-24 income for federal income tax purposes; and

222-25 (2) The obligation has been rated “A” or higher by one

222-26 or more nationally recognized bond credit rating agencies.

222-27 (k) Commercial paper issued by a corporation organized

222-28 and operating in the United States or by a depository

222-29 institution licensed by the United States or any state and

222-30 operating in the United States that:

222-31 (1) Is purchased from a registered broker-dealer;

222-32 (2) At the time of purchase has a remaining term to

222-33 maturity of no more than 270 days; and

222-34 (3) Is rated by a nationally recognized rating service as

222-35 “A-1,” “P-1” or its equivalent, or better,

222-36 except that investments pursuant to this paragraph may not, in

222-37 aggregate value, exceed 20 percent of the total portfolio as

222-38 determined on the date of purchase, and if the rating of an

222-39 obligation is reduced to a level that does not meet the

222-40 requirements of this paragraph, it must be sold as soon as

222-41 possible.

222-42 (l) Money market mutual funds which:

222-43 (1) Are registered with the Securities and Exchange

222-44 Commission;

223-1 (2) Are rated by a nationally recognized rating service

223-2 as “AAA” or its equivalent; and

223-3 (3) Invest only in:

223-4 (I) Securities issued by the Federal Government or

223-5 agencies of the Federal Government;

223-6 (II) Master notes, bank notes or other short-term

223-7 commercial paper rated by a nationally recognized rating

223-8 service as “A-1,” “P-1” or its equivalent, or better, issued by a

223-9 corporation organized and operating in the United States or

223-10 by a depository institution licensed by the United States or

223-11 any state and operating in the United States; or

223-12 (III) Repurchase agreements that are fully

223-13 collateralized by the obligations described in sub-

223-14 subparagraphs (I) and (II).

223-15 (m) Obligations of the Federal Agricultural Mortgage

223-16 Corporation.

223-17 2. Repurchase agreements are proper and lawful

223-18 investments of money of a board of county commissioners, a

223-19 board of trustees of a county school district or a governing

223-20 body of an incorporated city for the purchase or sale of

223-21 securities which are negotiable and of the types listed in

223-22 subsection 1 if made in accordance with the following

223-23 conditions:

223-24 (a) The board of county commissioners, the board of

223-25 trustees of the school district or the governing body of the

223-26 city shall designate in advance and thereafter maintain a list

223-27 of qualified counterparties which:

223-28 (1) Regularly provide audited and, if available,

223-29 unaudited financial statements;

223-30 (2) The board of county commissioners, the board of

223-31 trustees of the school district or the governing body of the

223-32 city has determined to have adequate capitalization and

223-33 earnings and appropriate assets to be highly [credit worthy;]

223-34 creditworthy; and

223-35 (3) Have executed a written master repurchase

223-36 agreement in a form satisfactory to the board of county

223-37 commissioners, the board of trustees of the school district or

223-38 the governing body of the city pursuant to which all

223-39 repurchase agreements are entered into. The master

223-40 repurchase agreement must require the prompt delivery to the

223-41 board of county commissioners, the board of trustees of the

223-42 school district or the governing body of the city and the

223-43 appointed custodian of written confirmations of all

223-44 transactions conducted thereunder, and must be developed

223-45 giving consideration to the Federal Bankruptcy Act.

224-1 (b) In all repurchase agreements:

224-2 (1) At or before the time money to pay the purchase

224-3 price is transferred, title to the purchased securities must be

224-4 recorded in the name of the appointed custodian, or the

224-5 purchased securities must be delivered with all appropriate,

224-6 executed transfer instruments by physical delivery to the

224-7 custodian;

224-8 (2) The board of county commissioners, the board of

224-9 trustees of the school district or the governing body of the

224-10 city must enter a written contract with the custodian

224-11 appointed pursuant to subparagraph (1) which requires the

224-12 custodian to:

224-13 (I) Disburse cash for repurchase agreements only

224-14 upon receipt of the underlying securities;

224-15 (II) Notify the board of county commissioners, the

224-16 board of trustees of the school district or the governing body

224-17 of the city when the securities are marked to the market if the

224-18 required margin on the agreement is not maintained;

224-19 (III) Hold the securities separate from the assets of

224-20 the custodian; and

224-21 (IV) Report periodically to the board of county

224-22 commissioners, the board of trustees of the school district or

224-23 the governing body of the city concerning the market value of

224-24 the securities;

224-25 (3) The market value of the purchased securities must

224-26 exceed 102 percent of the repurchase price to be paid by the

224-27 counterparty and the value of the purchased securities must

224-28 be marked to the market weekly;

224-29 (4) The date on which the securities are to be

224-30 repurchased must not be more than 90 days after the date of

224-31 purchase; and

224-32 (5) The purchased securities must not have a term to

224-33 maturity at the time of purchase in excess of 10 years.

224-34 3. The securities described in paragraphs (a), (b) and (c)

224-35 of subsection 1 and the repurchase agreements described in

224-36 subsection 2 may be purchased when, in the opinion of the

224-37 board of county commissioners, the board of trustees of a

224-38 county school district or the governing body of the city, there

224-39 is sufficient money in any fund of the county, the school

224-40 district or city to purchase those securities and the purchase

224-41 will not result in the impairment of the fund for the purposes

224-42 for which it was created.

225-1 4. When the board of county commissioners, the board

225-2 of trustees of a county school district or the governing body

225-3 of the city has determined that there is available money in any

225-4 fund or funds for the purchase of bonds as set out in

225-5 subsection 1 or 2, those purchases may be made and the

225-6 bonds paid for out of any one or more of the funds, but the

225-7 bonds must be credited to the funds in the amounts

225-8 purchased, and the money received from the redemption of

225-9 the bonds, as and when redeemed, must go back into the fund

225-10 or funds from which the purchase money was taken

225-11 originally.

225-12 5. Any interest earned on money invested pursuant to

225-13 subsection 3, may, at the discretion of the board of county

225-14 commissioners, the board of trustees of a county school

225-15 district or the governing body of the city, be credited to the

225-16 fund from which the principal was taken or to the general

225-17 fund of the county, school district or incorporated city.

225-18 6. The board of county commissioners, the board of

225-19 trustees of a county school district or the governing body of

225-20 an incorporated city may invest any money apportioned into

225-21 funds and not invested pursuant to subsection 3 and any

225-22 money not apportioned into funds in bills and notes of the

225-23 United States Treasury, the maturity date of which is not

225-24 more than 1 year after the date of investment. These

225-25 investments must be considered as cash for accounting

225-26 purposes, and all the interest earned on them must be credited

225-27 to the general fund of the county, school district or

225-28 incorporated city.

225-29 7. This section does not authorize the investment of

225-30 money administered pursuant to a contract, debenture

225-31 agreement or grant in a manner not authorized by the terms of

225-32 the contract, agreement or grant.

225-33 8. As used in this section:

225-34 (a) “Counterparty” means a bank organized and operating

225-35 or licensed to operate in the United States pursuant to federal

225-36 or state law or a securities dealer which is:

225-37 (1) A registered broker-dealer;

225-38 (2) Designated by the Federal Reserve Bank of New

225-39 York as a “primary” dealer in United States government

225-40 securities; and

225-41 (3) In full compliance with all applicable capital

225-42 requirements.

225-43 (b) “Repurchase agreement” means a purchase of

225-44 securities by a board of county commissioners, the board

225-45 of trustees of a county school district or the governing body

226-1 of an incorporated city from a counterparty which commits to

226-2 repurchase those securities or securities of the same issuer,

226-3 description, issue date and maturity on or before a specified

226-4 date for a specified price.

226-5 Sec. 47. NRS 374A.020 is hereby amended to read as

226-6 follows:

226-7 374A.020 1. The collection of the tax imposed by NRS

226-8 374A.010 must be commenced on the first day of the first

226-9 calendar quarter that begins at least 30 days after the last

226-10 condition in subsection 1 of NRS 374A.010 is met.

226-11 2. The tax must be administered, collected and

226-12 distributed in the manner set forth in chapter 374 of NRS.

226-13 3. The board of trustees of the school district shall

226-14 transfer the proceeds of the tax imposed by NRS 374A.010

226-15 from the county school district fund to the fund described in

226-16 NRS 354.6105 [, if the fund has been] which must be

226-17 established by the board of trustees. [Any] The money

226-18 deposited in the fund described in NRS 354.6105 pursuant to

226-19 this subsection must be accounted for separately in that fund

226-20 and must only be expended by the board of trustees for the

226-21 cost of the extraordinary maintenance, extraordinary repair

226-22 and extraordinary improvement of school facilities within the

226-23 county.

226-24 Sec. 53. NRS 555.215 is hereby amended to read as

226-25 follows:

226-26 555.215 1. Upon the preparation and approval of a

226-27 budget in the manner required by the Local Government

226-28 Budget and Finance Act, the board of county commissioners

226-29 of each county having lands situated in the district shall, by

226-30 resolution, levy an assessment upon all real property in the

226-31 county which is in the weed control district.

226-32 2. Every assessment so levied is a lien against the

226-33 property assessed.

226-34 3. Amounts collected in counties other than the county

226-35 having the larger or largest proportion of the area of the

226-36 district must be paid over to the board of county

226-37 commissioners of that county for the use of the district.

226-38 4. The county commissioners of that county may obtain

226-39 medium-term obligations pursuant to NRS [350.085] 350.087

226-40 to 350.095, inclusive, of an amount of money not to exceed

226-41 the total amount of the assessment, to pay the expenses of

226-42 controlling the weeds in the weed control district. The loans

226-43 may be made only after the assessments are levied.

227-1 Sec. 54. Section 12 of chapter 227, Statutes of Nevada

227-2 1975, as last amended by chapter [351,] 374, Statutes of

227-3 Nevada [1997,] 2001, at page [1280,] 1828, is hereby

227-4 amended to read as follows:

227-5 Sec. 12. 1. The provisions of the Local

227-6 Government Budget and Finance Act, NRS 354.470 to

227-7 354.626, inclusive, as now and hereafter amended, apply

227-8 to the Authority as a local government, and the Authority

227-9 shall, for purposes of that application, be deemed a district

227-10 other than a school district.

227-11 2. The provisions of NRS [350.085] 350.087 to

227-12 350.095, inclusive, apply to the Authority.

227-13 Sec. 60. 1. This section [,] and sections 48 and 59.5 of

227-14 this act become effective upon passage and approval.

227-15 2. Sections 1 to 22, inclusive, 24 to [36, inclusive, 38, 40

227-16 to 43, inclusive, 46, 47 and] 35, inclusive, 41, 42, 46, 49 to

227-17 [59,] 52, inclusive, and 55 to 59, inclusive, of this act become

227-18 effective on July 1, 2001.

227-19 3. Sections [37,] 36, 38, 39, 40, 43, 44 [and 45] , 47, 53

227-20 and 54 of this act become effective at 12:01 a.m. on July 1,

227-21 2001.

227-22 4. [Section] Sections 23 , 37 and 45 of this act

227-23 [becomes] become effective at 12:02 a.m. on July 1, 2001.

227-24 5. Section 48 of this act expires by limitation on July 1,

227-25 2003.

227-26 Sec. 78. Sections 3 and 12 of chapter 494, Statutes of Nevada

227-27 2001, at pages 2409 and 2415, respectively, are hereby amended to

227-28 read respectively as follows:

227-29 Sec. 3. 1. There is hereby created a construction

227-30 education account as a separate account within the state

227-31 general fund.

227-32 2. Money deposited in the account must be used:

227-33 (a) Solely for the purposes of construction education

227-34 and to pay the costs of the commission on construction

227-35 education as described in accordance with subsection 3; and

227-36 (b) In addition to any other money provided for

227-37 construction education from any other source.

227-38 3. The commission on construction education shall

227-39 administer the construction education account and shall

227-40 disburse the money in the account as follows:

227-41 (a) At least 95 percent of the money deposited in the

227-42 account must be used to fund programs of education which

227-43 relate to building construction and which the commission

227-44 on construction education determines qualify for grants;

227-45 and

228-1 (b) Not more than 5 percent of the money deposited in

228-2 the account may be reserved for operating expenses

228-3 incurred by the commission on construction education

228-4 pursuant to this section.

228-5 4. The unexpended and unencumbered balance, if any,

228-6 remaining in the construction education account at the end

228-7 of each fiscal year, must remain in the account.

228-8 Sec. 12. 1. This section and sections 1 to 9, inclusive,

228-9 and 11 of this act [becomes] become effective on July 1,

228-10 2001.

228-11 2. Section 10 of this act becomes effective at 12:01 a.m.

228-12 on July 1, 2001.

228-13 Sec. 79. 1. Sections 2, 6 and 59 of chapter 507, Statutes of

228-14 Nevada 2001, at pages 2424 and 2439, are hereby amended to read

228-15 respectively as follows:

228-16 Sec. 2. As used in this chapter, unless the context

228-17 otherwise requires, the words and terms defined in NRS

228-18 584.620 and section 2.5 of this act have the meanings

228-19 ascribed to them in those sections.

228-20 Sec. 6. 1. The commission may enter into contracts

228-21 with any person to assist it in carrying out the duties of the

228-22 commission by performing any duty imposed on the

228-23 commission pursuant to this chapter.

228-24 2. As used in this section, “person” includes a

228-25 government, a governmental agency and a political

228-26 subdivision of a government.

228-27 Sec. 59. 1. This section becomes effective upon

228-28 passage and approval.

228-29 2. Sections 1 to [47,] 47.5, inclusive, and 51 to 58,

228-30 inclusive, of this act become effective upon passage and

228-31 approval for the purpose of adopting regulations and

228-32 conducting any preliminary activities necessary to carry out

228-33 the provisions of this act in a timely manner, and on

228-34 January 1, 2002, for all other purposes.

228-35 3. Sections 48, 49, and 50 of this act become effective

228-36 on July 1, 2001.

228-37 4. Sections 26 and 27 of this act expire by limitation on

228-38 the date on which the provisions of 42 U.S.C. § 666

228-39 requiring each state to establish procedures under which the

228-40 state has authority to withhold or suspend, or to restrict the

228-41 use of professional, occupational and recreational licenses

228-42 of persons who:

228-43 (a) Have failed to comply with a subpoena or warrant

228-44 relating to a procedure to determine the paternity of a child

229-1 or to establish or enforce an obligation for the support of a

229-2 child; or

229-3 (b) Are in arrears in the payment for the support of one

229-4 or more children,

229-5 are repealed by the Congress of the United States.

229-6 2. Chapter 507, Statutes of Nevada 2001, at page 2424, is

229-7 hereby amended by adding thereto a new section to be designated as

229-8 section 2.5, immediately following section 2, to read as follows:

229-9 Sec. 2.5. “Commission” means the state dairy

229-10 commission created pursuant to NRS 584.420.

229-11 3. Chapter 507, Statutes of Nevada 2001, at page 2436, is

229-12 hereby amended by adding thereto new sections to be designated as

229-13 sections 45.3 and 45.7, immediately following section 45, to read

229-14 respectively as follows:

229-15 Sec. 45.3. NRS 584.525 is hereby amended to read as

229-16 follows:

229-17 584.525 A full and accurate record of business or acts

229-18 performed or of testimony taken by the commission in

229-19 pursuance of the provisions of [NRS 584.325 to 584.690,

229-20 inclusive, shall] this chapter must be kept and placed on file

229-21 in the office of the commission.

229-22 Sec. 45.7. NRS 584.535 is hereby amended to read as

229-23 follows:

229-24 584.535 1. The commission may bring an action to

229-25 enjoin the violation or threatened violation of any provisions

229-26 of [NRS 584.325 to 584.690, inclusive,] this chapter or of

229-27 any order made pursuant to [NRS 584.325 to 584.690,

229-28 inclusive,] this chapter in the district court in the county in

229-29 which such violation occurs or is about to occur.

229-30 2. There may be enjoined in one proceeding any number

229-31 of defendants alleged to be violating the same provisions or

229-32 orders, although their properties, interests, residence or place

229-33 of business may be in several counties and the violations

229-34 separate and distinct.

229-35 4. Chapter 507, Statutes of Nevada 2001, at page 2436, is

229-36 hereby amended by adding thereto a new section to be designated as

229-37 section 47.5, immediately following section 47, to read as follows:

229-38 Sec. 47.5. NRS 584.620 is hereby amended to read as

229-39 follows:

229-40 584.620 [For the purposes of NRS 584.595 to 584.645,

229-41 inclusive, a milk plant shall be] “Milk plant” means any

229-42 place, structure or building where a distributor receives fluid

229-43 milk or fluid cream and weighs or tests or standardizes or

229-44 pasteurizes or homogenizes or separates or bottles or

229-45 packages such fluid milk or fluid cream . [, except that the

230-1 provisions hereof shall not apply to] The term does not

230-2 include a place or structure or building used for the purpose

230-3 of receiving, weighing or testing fluid milk or fluid cream

230-4 which is to be diverted or delivered to the milk plant of the

230-5 distributor receiving fluid milk or fluid cream, which milk

230-6 plant is licensed and bonded under the provisions of NRS

230-7 584.595 to 584.645, inclusive.

230-8 Sec. 80. Sections 16, 17 and 19 of chapter 509, Statutes of

230-9 Nevada 2001, at pages 2458 and 2460, are hereby amended to read

230-10 respectively as follows:

230-11 Sec. 16. NRS 617.225 is hereby amended to read as

230-12 follows:

230-13 617.225 1. A sole proprietor may elect to be included

230-14 within the terms, conditions and provisions of this chapter to

230-15 secure for himself compensation equivalent to that to which

230-16 an employee is entitled for any occupational disease

230-17 contracted by the sole proprietor which arises out of and in

230-18 the course of his self-employment by filing a written notice of

230-19 election with the administrator and a private carrier.

230-20 2. A private carrier may require a sole proprietor who

230-21 elects to accept the terms, conditions and provisions of this

230-22 chapter [shall] to submit to a physical examination by a

230-23 physician selected by the private carrier before the

230-24 commencement of coverage and on a yearly basis thereafter.

230-25 [The] If a private carrier requires such a physical

230-26 examination, the private carrier shall prescribe the scope of

230-27 the examination and shall consider it for rating purposes. The

230-28 cost of the physical examination must be paid by the sole

230-29 proprietor.

230-30 3. A sole proprietor who elects to submit to the

230-31 provisions of this chapter shall pay to the private carrier

230-32 premiums in such manner and amounts as may be prescribed

230-33 by the regulations of the commissioner.

230-34 4. If a sole proprietor fails to pay all premiums required

230-35 by the regulations of the commissioner, the failure operates as

230-36 a rejection of this chapter.

230-37 5. A sole proprietor who elects to be included under the

230-38 provisions of this chapter remains subject to all terms,

230-39 conditions and provisions of this chapter and all regulations

230-40 of the commissioner until he files a written notice with the

230-41 private carrier and the administrator that he withdraws his

230-42 election.

230-43 6. For purposes of this chapter, a sole proprietor shall be

230-44 deemed to be an employee receiving a wage of $300 per

230-45 month.

231-1 Sec. 17. NRS 232.680 is hereby amended to read as

231-2 follows:

231-3 232.680 1. The cost of carrying out the provisions of

231-4 NRS 232.550 to 232.700, inclusive, and of supporting the

231-5 division, a full-time employee of the legislative counsel

231-6 bureau and the fraud control unit for industrial insurance

231-7 established pursuant to NRS 228.420, and that portion of the

231-8 cost of the office for consumer health assistance established

231-9 pursuant to NRS 223.550 that is related to providing

231-10 assistance to consumers and injured employees concerning

231-11 workers’ compensation, must be paid from assessments

231-12 payable by each insurer, including each employer who

231-13 provides accident benefits for injured employees pursuant to

231-14 NRS 616C.265 . [,]

231-15 2. The administrator shall assess each insurer,

231-16 including each employer who provides accident benefits for

231-17 injured employees pursuant to NRS 616C.265. To establish

231-18 the amount of the assessment, the administrator shall

231-19 determine the amount of money necessary for each of the

231-20 expenses set forth in subsections 1 and 4 of this section and

231-21 subsection 3 of NRS 616A.425 and determine the amount

231-22 that is payable by the private carriers, the self-insured

231-23 employers, the associations of self-insured public or private

231-24 employers and the employers who provide accident benefits

231-25 pursuant to NRS 616C.265 for each of the programs. For

231-26 the expenses from which more than one group of insurers

231-27 receives benefit, the administrator shall allocate a portion of

231-28 the amount necessary for that expense to be payable by each

231-29 of the relevant group of insurers, based upon the expected

231-30 annual expenditures for claims of each group of insurers.

231-31 After allocating the amounts payable among each group of

231-32 insurers for all the expenses from which each group

231-33 receives benefit, the administrator shall apply an assessment

231-34 rate to the:

231-35 (a) Private carriers that reflects the relative hazard of

231-36 the employments covered by the private carriers, results in

231-37 an equitable distribution of costs among the private carriers

231-38 and is based upon expected annual premiums to be

231-39 received;

231-40 (b) Self-insured employers that results in an equitable

231-41 distribution of costs among the self-insured employers and

231-42 is based upon expected annual expenditures for claims;

231-43 (c) Associations of self-insured public or private

231-44 employers that results in an equitable distribution of costs

231-45 among the associations of self-insured public or private

232-1 employers and is based upon expected annual expenditures

232-2 for claims; and

232-3 (d) Employers who provide accident benefits pursuant to

232-4 NRS 616C.265 that reflect the relative hazard of the

232-5 employments covered by those employers, results in an

232-6 equitable distribution of costs among the employers and is

232-7 based upon expected annual expenditures for claims . [for

232-8 injuries occurring on or after July 1, 1999. The