Assembly Bill No. 38–Committee on Judiciary

 

CHAPTER..........

 

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.

1-14      4.  Sections 4 and 16 of this act expire by limitation

1-15   on March 1, 2003.

1-16      5.  Section 5 of this act expires by limitation on

1-17   September 1, 2003.

1-18      [6.  Section 17 becomes effective on March 1, 2003.]

1-19      Sec. 2. Chapter 33, Statutes of Nevada 2001, at page 383, is

1-20   hereby amended by adding thereto a new section to be designated

1-21   as section 2.5, immediately following section 2, to read as follows:

1-22      Sec. 2.5.  NRS 392.480 is hereby amended to read as

1-23   follows:

1-24      392.480  1.  It is unlawful for any person to disturb the

1-25   peace of any public school by using vile or indecent

1-26   language within the building or grounds of the school. Any

1-27   person who violates any of the provisions of this subsection

1-28   is guilty of a misdemeanor.

1-29      2.  It is unlawful for any person to assault any pupil or

1-30   school employee:

1-31      (a) Within the building or grounds of the school;

2-1  (b) On a bus, van or any other motor vehicle owned,

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

2-3   school employees; or

2-4  (c) At a location where the pupil or school employee is

2-5   involved in an activity sponsored by a public school.

2-6  Except under circumstances described in paragraph (c) or (d)

2-7   of subsection 2 of NRS 200.471 or in NRS 200.571, any

2-8   person who violates any of the provisions of this subsection

2-9   is guilty of a misdemeanor.

2-10      3.  It is unlawful for any person maliciously and

2-11   purposely in any manner to interfere with or disturb any

2-12   persons peaceably assembled within a building of a public

2-13   school for school district purposes. Any person who violates

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

2-15   misdemeanor.

2-16      4.  For the purposes of this section “school employee”

2-17   means any licensed or unlicensed person employed by a

2-18   board of trustees of a school district pursuant to

2-19  NRS 391.100.

2-20      Sec. 3.  Section 5 of chapter 42, Statutes of Nevada 2001, at

2-21   page 402, is hereby amended to read as follows:

2-22      Sec. 5.  Section 7 of chapter 566, Statutes of Nevada

2-23   1993, at page 2328, is hereby amended to read as follows:

2-24      Sec. 7.  1.  The commission may do all things

2-25   necessary to establish and maintain a railway, including,

2-26   without limitation:

2-27      (a) Purchasing, leasing or otherwise acquiring right of

2-28   ways and constructing railways and any facilities or other

2-29   appurtenances it deems appropriate in connection

2-30   therewith; and

2-31      (b) Operating or granting franchises for the operation

2-32   of a railroad that carries passengers to locations within the

2-33   jurisdiction of the commission.

2-34      2.  In addition to regulation by another agency related

2-35   to public health and safety that is required by local

2-36   ordinance or state or federal law, the commission shall

2-37   regulate all franchises and concessionaires who operate

2-38   on the right of way or property owned or leased by the

2-39   commission.

2-40      3.  A railway acquired, constructed or leased by the

2-41   commission pursuant to this act is not a street railway for

2-42   the purposes of chapter 709 of NRS.

2-43      4.  Notwithstanding any provision of Title 58 of NRS

2-44   to the contrary, the rates charged by a railroad operated

2-45   by the commission or pursuant to a franchise or other

2-46   agreement with the commission, are not subject to

3-1  regulation by the public [service] utilities commission of

3-2  Nevada.

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

3-4   page 404, is hereby amended to read as follows:

3-5      Section 1.  Notwithstanding the provisions of NRS

3-6   354.723, chapter 265, Statutes of Nevada 1971, at page 384,

3-7   [and all amendments made thereto, is] sections 10 and 11 of

3-8   chapter 669, Statutes of Nevada 1971, at page 2052, section

3-9   5 of chapter 34, Statutes of Nevada 1973, at page 34,

3-10   sections 6 and 7 of chapter 306, Statutes of Nevada 1973, at

3-11   page 379, section 27 of chapter 344, Statutes of Nevada

3-12   1973, at page 429, section 8.7 of chapter 98, Statutes of

3-13   Nevada 1977, at page 205, sections 61 and 62 of chapter

3-14   482, Statutes of Nevada 1981, at pages 971 and 972,

3-15   respectively, section 11 of chapter 160, Statutes of Nevada

3-16   1983, at page 369, section 10 of chapter 361, Statutes of

3-17   Nevada 1983, at page 873, section 10 of chapter 208,

3-18   Statutes of Nevada 1985, at page 674, chapter 356, Statutes

3-19   of Nevada 1989, at page 735, section 5 of chapter 854,

3-20   Statutes of Nevada 1989, at page 2060, section 8 of chapter

3-21   515, Statutes of Nevada 1997, at page 2450, and section 17

3-22   of chapter 391, Statutes of Nevada 1999, at page 1861, are

3-23   hereby repealed.

3-24      Sec. 5. Section 18 of chapter 51, Statutes of Nevada 2001, at

3-25   page 452, is hereby amended to read as follows:

3-26      Sec. 18.  Section 2.110 of the charter of the City of Elko,

3-27   being chapter 276, Statutes of Nevada 1971, as amended by

3-28   chapter 160, Statutes of Nevada 1983, at page 368, is hereby

3-29   amended to read as follows:

3-30      Sec. 2.110  Ordinances: Enactment procedure;

3-31   emergency ordinances.

3-32      1.  All proposed ordinances when first proposed must

3-33   be read to the [board of supervisors] city council by title

3-34   and may be referred to a committee for consideration,

3-35   after which an adequate number of copies of the proposed

3-36   ordinance must be filed with the city clerk for public

3-37   distribution. Except as otherwise provided in subsection

3-38   3, notice of the filing must be published once in a

3-39   newspaper qualified pursuant to the provisions of chapter

3-40   238 of NRS, as amended from time to time, and published

3-41   in the city at least 10 days before the adoption of the

3-42   ordinance. The [board of supervisors] city council shall

3-43   adopt or reject the ordinance or an amendment thereto,

3-44   within 30 days after the date of publication.

3-45      2.  At the next regular meeting or adjourned meeting

3-46   of the [board of supervisors] city council following the

4-1  proposal of an ordinance, the ordinance must be

4-2  considered again with the report of the committee, if any.

4-3   Thereafter, it must be read as first introduced, or as

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

4-5   finally voted upon or action thereon postponed.

4-6  3.  In cases of emergency , [or where the ordinance is

4-7   of a kind specified in section 7.020,] by unanimous

4-8   consent of the [board of supervisors,] city council, final

4-9   action may be taken immediately or at a special meeting

4-10   called for that purpose, and no notice of the filing of the

4-11   copies of the proposed ordinance with the city clerk need

4-12   be published.

4-13      4.  All ordinances must be signed by the mayor,

4-14   attested by the city clerk and published by title, together

4-15   with the names of the [supervisors] members of the city

4-16   council voting for or against passage, in a newspaper

4-17   qualified pursuant to the provisions of chapter 238 of

4-18   NRS, as amended from time to time, and published in the

4-19   city for at least one publication, before the ordinance

4-20   becomes effective. The [board of supervisors] city

4-21   council may, by majority vote, order the publication of

4-22   the ordinance in full in lieu of publication by title only.

4-23      5.  The city clerk shall [record] keep on file all

4-24   ordinances [in a book kept for that purpose, together with]

4-25   , including the affidavits of publication by the publisher.

4-26      Sec. 6. Sections 7 and 8 of chapter 69, Statutes of Nevada

4-27   2001, at page 498, are hereby amended to read respectively as

4-28   follows:

4-29      Sec. 7.  The board shall prepare and adopt a code of

4-30   conduct for holders of certificates of registration and

4-31   holders of a certificate to practice as a landscape architect

4-32   intern. The code must ensure the maintenance of a high

4-33   standard of integrity, dignity and professional responsibility

4-34   by members of the profession. Before adopting the code, the

4-35   board shall send a copy of the proposed code to each holder

4-36   of a certificate of registration and holder of a certificate to

4-37   practice as a landscape architect intern. Each holder of a

4-38   certificate of registration and holder of a certificate to

4-39   practice as a landscape architect intern may vote on any

4-40   provision included in the code. The board may adopt each

4-41   provision in the code unless 25 percent or more of the

4-42   holders of certificates of registration vote against that

4-43   provision.

4-44      Sec. 8.  The board shall prepare and maintain a record

4-45   of each certificate of registration and certificate to practice

4-46   as a landscape architect intern. The record must include,

5-1  without limitation, the name of the holder of the certificate

5-2  of registration or the certificate to practice as a landscape

5-3   architect intern, the address at which he resides and the

5-4   number of his certificate of registration or certificate to

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

5-6   make the record available:

5-7  1.  For inspection by each holder of a certificate of

5-8   registration or certificate to practice as a landscape

5-9   architect intern in a manner prescribed by the board; and

5-10      2.  For sale to a member of the general public who is

5-11   not a holder of a certificate of registration or certificate to

5-12   practice as a landscape architect intern.

5-13      Sec. 7. 1.  Sections 1 and 3 of chapter 88, Statutes of Nevada

5-14   2001, at pages 558 and 560, respectively, are hereby amended to

5-15   read respectively as follows:

5-16      Section 1.  Chapter 705 of NRS is hereby amended by

5-17   adding thereto a new section to read as follows:

5-18      1.  The commission, or a corporation formed by the

5-19   commission pursuant to the laws of this state or the state of

5-20   California, as the commission deems appropriate, may

5-21   issue bonds, notes, obligations or other evidences of

5-22   borrowing to finance all or a part of the construction of all

5-23   or a part of the super speed ground transportation system.

5-24   For purposes of issuing bonds, notes, obligations or other

5-25   evidences of borrowing pursuant to this section, the

5-26   commission and any corporation formed by the commission

5-27   are constituted authorities for the purposes of regulations

5-28   enacted by the Internal Revenue Service pursuant to 26

5-29   U.S.C. §§ 103 and 141 to 150, inclusive.

5-30      2.  Bonds, notes, obligations or other evidences of

5-31   borrowing issued by the commission or any corporation

5-32   formed by the commission which are issued to finance all

5-33   or any part of the construction of all or a part of the super

5-34   speed ground transportation system may be payable from

5-35   and secured by:

5-36      (a) A pledge of property of the commission or a

5-37   corporation formed by the commission pursuant to this

5-38   section;

5-39      (b) A pledge of any revenue of the super speed ground

5-40   transportation system, including revenue from fares,

5-41   revenue from advertising and all other revenue of the

5-42   system; and

5-43      (c) a pledge of any other money made available to the

5-44   commission or a corporation formed by the commission

5-45   pursuant to this section by:

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

6-2  other federal funds as may be available to pay costs of the

6-3   super speed ground transportation system or debt service

6-4   on any borrowing;

6-5      (2) Any company, public or private; or

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

6-7   this state or in the State of California pursuant to an

6-8   intergovernmental agreement or otherwise.

6-9  3.  The commission may enter into agreements with any

6-10   person, local government or governmental entity for the

6-11   provision of resources or assistance to the commission or a

6-12   corporation formed by the commission concerning the

6-13   financing of the super speed ground transportation system.

6-14      4.  The commission or any corporation formed by the

6-15   commission pursuant to this section may issue obligations

6-16   to refund any obligations issued pursuant to the provisions

6-17   of this section and NRS 705.4291 to 705.4296, inclusive, for

6-18   any purpose the commission determines to be sufficient.

6-19      5.  Nothing in this section authorizes the commission or

6-20   any corporation formed by the commission to obligate this

6-21   state or the State of California or any political subdivision

6-22   thereof unless such state or political subdivision has

6-23   obligated itself to the commission or a corporation created

6-24   by the commission through an intergovernmental

6-25   agreement.

6-26      6.  Unless a specific statute of this state or the State of

6-27   California requires otherwise, upon dissolution of the

6-28   commission, all property of the commission must be

6-29   distributed between this state and the State of California in

6-30   an equitable manner as agreed upon by the states.

6-31      7.  The creation, perfection, priority and enforcement of

6-32   any lien on pledged revenue or other money established to

6-33   secure any bond, note, obligation or other evidence of

6-34   borrowing issued pursuant to this section, must be as

6-35   specified in this section and in the instruments approved by

6-36   the commission pertaining to that bond, note, obligation or

6-37   other evidence of borrowing. It is the purpose of this

6-38   section to provide expressly for the creation, perfection,

6-39   priority and enforcement of a security interest created by

6-40   the commission in pledged revenues or other money in

6-41   connection with bonds, notes, obligations or other

6-42   evidences of borrowing issued pursuant to this section, as

6-43   provided for in paragraph (n) of subsection 4 of NRS

6-44   104.9109. Any lien on pledged revenue or other money

6-45   created to secure any bond, note, obligation or other

6-46   evidence of borrowing issued pursuant to this section has

6-47   priority over any lien thereon created

7-1  pursuant to the provisions of chapter 104 of NRS unless

7-2  otherwise provided in the instrument creating the lien to

7-3   secure such bond, note, obligation or other evidence of

7-4   borrowing issued pursuant to the provisions of this section.

7-5  Sec. 3.  Section 7 of chapter 568, Statutes of Nevada

7-6   1987, at page 1359, as amended by section 4 of chapter 106,

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

7-8   read as follows:

7-9      Sec. 7.  [1.] This act becomes effective on

7-10  January 1, 1988.

7-11      [2.  This act expires by limitation 1 year after the date

7-12   on which the governor declares by public proclamation

7-13   that the super speed ground transportation system

7-14   connecting southern California with southern Nevada has

7-15   been completed.]

7-16      2.  Chapter 88, Statutes of Nevada 2001, at page 560, is hereby

7-17   amended by adding thereto new sections to be designated as

7-18   sections 3.3 and 3.5, immediately following section 3, to read

7-19   respectively as follows:

7-20      Sec. 3.3.  Section 5 of chapter 106, Statutes of Nevada

7-21   1991, at page 177, is hereby repealed.

7-22      Sec. 3.5.  NRS 705.4291, 705.4292, 705.4293,

7-23   705.4294, 705.4295 and 705.4296 expire by limitation:

7-24      1.  One year after the date on which the governor

7-25   declares by public proclamation that the super speed ground

7-26   transportation system connecting southern California with

7-27   southern Nevada has been completed; or

7-28      2.  On the date all borrowing made pursuant to section 1

7-29   of this act is retired,

7-30  whichever is later.

7-31      Sec. 8. Sections 1 and 5 of chapter 99, Statutes of Nevada

7-32   2001, at pages 583 and 586, respectively, are hereby amended to

7-33   read respectively as follows:

7-34      Section 1.  Chapter 482 of NRS is hereby amended by

7-35   adding thereto a new section to read as follows:

7-36      1.  Except as otherwise provided in this subsection, the

7-37   department, in cooperation with the Northern Nevada

7-38   Railway Foundation or its successor, shall design, prepare

7-39   and issue license plates for the support of the

7-40   reconstruction, maintenance, improvement and promotion

7-41   of the Virginia & Truckee Railroad using any colors that

7-42   the department deems appropriate. The design of the

7-43   license plates must include a depiction of a locomotive of

7-44   the Virginia & Truckee Railroad and the phrase “The

7-45   Virginia & Truckee Lives.” The department shall not

7-46   design, prepare

8-1  or issue the license plates unless it receives at least 250

8-2  applications for the issuance of those plates.

8-3  2.  If the department receives at least 250 applications

8-4   for the issuance of license plates for the support of the

8-5   reconstruction, maintenance, improvement and promotion

8-6   of the Virginia & Truckee Railroad, the department shall

8-7   issue those plates for a passenger car or light commercial

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

8-9   license plates pursuant to NRS 482.265 and who otherwise

8-10   complies with the requirements for registration and

8-11   licensing pursuant to this chapter. A person may request

8-12   that personalized prestige license plates issued pursuant to

8-13   NRS 482.3667 be combined with license plates for the

8-14   support of the reconstruction, maintenance, improvement

8-15   and promotion of the Virginia & Truckee Railroad if that

8-16   person pays the fees for the personalized prestige license

8-17   plates in addition to the fees for the license plates for the

8-18   support of the reconstruction, maintenance, improvement

8-19   and promotion of the Virginia & Truckee Railroad

8-20   pursuant to subsections 3 and 4.

8-21      3.  The fee for license plates for the support of the

8-22   reconstruction, maintenance, improvement and promotion

8-23   of the Virginia & Truckee Railroad is $35, in addition to all

8-24   other applicable registration and license fees and

8-25   governmental services taxes. The license plates are

8-26   renewable upon the payment of $10.

8-27      4.  In addition to all other applicable registration and

8-28   license fees and governmental services taxes and the fee

8-29   prescribed in subsection 3, a person who requests a set of

8-30   license plates for the support of the reconstruction,

8-31   maintenance, improvement and promotion of the Virginia

8-32   & Truckee Railroad must pay for the initial issuance of the

8-33   plates an additional fee of $25 and for each renewal of the

8-34   plates an additional fee of $20, to be distributed pursuant to

8-35   subsection 5.

8-36      5.  The department shall transmit the fees collected

8-37   pursuant to subsection 4 to the treasurer with whom the

8-38   Nevada Commission for the reconstruction of the V & T

8-39   Railway of Carson City and Douglas, Lyon, Storey and

8-40   Washoe counties has entered into an agreement as required

8-41   by subsection 2 of section 8 of chapter 566, Statutes of

8-42   Nevada 1993, for deposit in the fund created pursuant to

8-43   that section. The fees transmitted pursuant to this

8-44   subsection must be used only for the reconstruction,

8-45   maintenance, improvement and promotion of the Virginia

8-46   & Truckee Railroad.

9-1  6.  If, during a registration year, the holder of license

9-2  plates issued pursuant to the provisions of subsections 1 to

9-3   6, inclusive, disposes of the vehicle to which the plates are

9-4   affixed, the holder shall:

9-5  (a) Retain the plates and affix them to another vehicle

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

9-7   if the transfer and registration fees are paid as set out in

9-8   this chapter; or

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

9-10   vehicle, return them to the department.

9-11      7.  Except as otherwise provided in this subsection, the

9-12   director shall, at the request of the Northern Nevada

9-13   Railway Foundation or its successor:

9-14      (a) Order the design and preparation of souvenir license

9-15   plates that indicate support for the reconstruction,

9-16   maintenance, improvement and promotion of the Virginia

9-17   & Truckee Railroad; and

9-18      (b) Issue such souvenir license plates only to the

9-19   Northern Nevada Railway Foundation or its successor for

9-20   a fee established pursuant to NRS 482.3825. The Northern

9-21   Nevada Railway Foundation or its successor may resell

9-22   such souvenir license plates at a price determined by the

9-23   Foundation or its successor.

9-24  The director shall not order the design or preparation of

9-25   souvenir license plates pursuant to this subsection unless

9-26   the department has received at least 250 applications for

9-27   the issuance of license plates for the support of the

9-28   reconstruction, maintenance, improvement and promotion

9-29   of the Virginia & Truckee Railroad pursuant to subsections

9-30   1 to 6, inclusive.

9-31      Sec. 5.  Section 8 of chapter 566, Statutes of Nevada

9-32   1993, as amended by chapter 42, Statutes of Nevada 2001,

9-33   at page [2329,] 402, is hereby amended to read as follows:

9-34      Sec. 8.  1.  The commission may enter into an

9-35   agreement with the district attorney of Carson City or

9-36   Douglas, Lyon, Storey or Washoe County, or any

9-37   combination thereof, to provide legal services to the

9-38   commission. The commission may authorize payment to

9-39   the district attorney for the costs to the district attorney

9-40   for providing those services.

9-41      2.  The commission shall enter into an agreement with

9-42   the treasurer of Carson City or Douglas, Lyon, Storey or

9-43   Washoe County to create a fund for the commission and

9-44   pay all claims against the fund that are properly approved

9-45   by the commission. The commission may authorize

10-1  payment to the treasurer for the costs to the treasurer for

10-2  providing those services.

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

10-4   deposited in the fund created pursuant to subsection 2.

10-5   [The] Except as otherwise provided in section 1 of

10-6   Senate Bill No. 77 of the 2001 legislative session, the

10-7   money in the fund must be used only for the necessary

10-8   expenses of the commission and the costs of the projects

10-9   authorized by this act.

10-10     Sec. 9. 1.  Section 1 of chapter 109, Statutes of Nevada 2001,

10-11   at page 612, is hereby amended to read as follows:

10-12      Section 1.  NRS 202.3657 is hereby amended to read as

10-13   follows:

10-14      202.3657  1.  Any person who is a resident of this state

10-15   may apply to the sheriff of the county in which he resides for

10-16   a permit on a form prescribed by regulation of the

10-17   department. Any person who is not a resident of this state

10-18   may apply to the sheriff of any county in this state for a

10-19   permit on a form prescribed by regulation of the

10-20   department. Application forms for permits must be furnished

10-21   by the sheriff of each county upon request.

10-22     2.  Except as otherwise provided in this section, the

10-23   sheriff shall issue a permit for no more than two specific

10-24   firearms to any person who is qualified to possess a firearm

10-25   under state and federal law, who submits an application in

10-26   accordance with the provisions of this section and who:

10-27      (a) [Is a resident of this state;

10-28      (b)] Is 21 years of age or older;

10-29      [(c)] (b) Is not prohibited from possessing a firearm

10-30   pursuant to NRS 202.360; and

10-31      [(d)] (c) Demonstrates competence with a firearm by

10-32   presenting a certificate or other documentation to the sheriff

10-33   which shows that he:

10-34         (1) Successfully completed a course in firearm safety

10-35   approved by a sheriff in this state; or

10-36         (2) Successfully completed a course in firearm safety

10-37   offered by a federal, state or local law enforcement agency,

10-38   community college, university or national organization that

10-39   certifies instructors in firearm safety.

10-40  Such a course must include instruction in the use of each

10-41   firearm to which the application pertains and in the laws of

10-42   this state relating to the [proper] use of a firearm. A sheriff

10-43   may not approve a course in firearm safety pursuant to

10-44   subparagraph (1) unless he determines that the course meets

10-45   any standards that are established by the Nevada Sheriffs and

11-1  Chiefs Association or, if the Nevada Sheriffs and Chiefs

11-2  Association ceases to exist, its legal successor.

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

11-4   permit if he determines that the applicant or permittee:

11-5      (a) Has an outstanding warrant for his arrest.

11-6      (b) Has been judicially declared incompetent or insane.

11-7      (c) Has been voluntarily or involuntarily admitted to a

11-8   mental health facility during the immediately preceding 5

11-9   years.

11-10      (d) Has habitually used intoxicating liquor or a controlled

11-11   substance to the extent that his normal faculties are impaired.

11-12   For the purposes of this paragraph, it is presumed that a

11-13   person has so used intoxicating liquor or a controlled

11-14   substance if, during the immediately preceding 5 years, he

11-15   has been:

11-16         (1) Convicted of violating the provisions of NRS

11-17   484.379; or

11-18         (2) Committed for treatment pursuant to NRS 458.290

11-19   to 458.350, inclusive.

11-20      (e) Has been convicted of a crime involving the use or

11-21   threatened use of force or violence punishable as a

11-22   misdemeanor under the laws of this or any other state, or a

11-23   territory or possession of the United States at any time during

11-24   the immediately preceding 3 years.

11-25      (f) Has been convicted of a felony in this state or under

11-26   the laws of any state, territory or possession of the United

11-27   States.

11-28      (g) Has been convicted of a crime involving domestic

11-29   violence or stalking, or is currently subject to a restraining

11-30   order, injunction or other order for protection against

11-31   domestic violence.

11-32      (h) Is currently on parole or probation from a conviction

11-33   obtained in this state or in any other state or territory or

11-34   possession of the United States.

11-35      (i) Has, within the immediately preceding 5 years, been

11-36   subject to any requirements imposed by a court of this state

11-37   or of any other state or territory or possession of the United

11-38   States, as a condition to the court’s:

11-39         (1) Withholding of the entry of judgment for his

11-40   conviction of a felony; or

11-41         (2) Suspension of his sentence for the conviction of a

11-42   felony.

11-43      (j) Has made a false statement on any application for a

11-44   permit or for the renewal of a permit.

11-45     4.  The sheriff may deny an application or revoke a

11-46   permit if he receives a sworn affidavit stating articulable

11-47   facts

12-1  based upon personal knowledge from any natural person who

12-2  is 18 years of age or older that the applicant or permittee has

12-3   or may have committed an offense or engaged in any other

12-4   activity specified in subsection 3which would preclude the

12-5   issuance of a permit to the applicant or require the revocation

12-6   of a permit pursuant to this section.

12-7      5.  If the sheriff receives notification submitted by a court

12-8   or law enforcement agency of this or any other state, the

12-9   United States or a territory or possession of the United States

12-10   that a permittee or an applicant for a permit has been charged

12-11   with a crime involving the use or threatened use of force or

12-12   violence, the conviction for which would require the

12-13   revocation of a permit or preclude the issuance of a permit to

12-14   the applicant pursuant to this section, the sheriff shall

12-15   suspend the person’s permit or the processing of his

12-16   application until the final disposition of the charges against

12-17   him. If a permittee is acquitted of the charges against him, or

12-18   if the charges are dropped, the sheriff shall restore his permit

12-19   without imposing a fee.

12-20     6.  An application submitted pursuant to this section must

12-21   be completed and signed under oath by the applicant. The

12-22   applicant’s signature must be witnessed by an employee of

12-23   the sheriff or notarized by a notary public. The application

12-24   must include:

12-25      (a) The name, address, place and date of birth, social

12-26   security number, occupation and employer of the applicant

12-27   and any other names used by the applicant;

12-28      (b) A complete set of the applicant’s fingerprints taken by

12-29   the sheriff or his agent;

12-30      (c) A front-view colored photograph of the applicant

12-31   taken by the sheriff or his agent;

12-32      (d) [The] If the applicant is a resident of this state, the

12-33   driver’s license number or identification card number of the

12-34   applicant issued by the department of motor vehicles;

12-35      (e) If the applicant is not a resident of this state, the

12-36   driver’s license number or identification card number of

12-37   the applicant issued by another state or jurisdiction;

12-38      (f) The make, model and caliber of each firearm to which

12-39   the application pertains;

12-40      [(f)] (g) A nonrefundable fee in the amount necessary to

12-41   obtain the report required pursuant to subsection 1 of NRS

12-42   202.366; and

12-43      [(g)] (h) A nonrefundable fee set by the sheriff not to

12-44   exceed $60.

13-1      2.  Chapter 109, Statutes of Nevada 2001, at page 615, is

13-2  hereby amended by adding thereto a new section to be designated as

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

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

13-5   2001, at page 618, is hereby amended to read as follows:

13-6      Section 1.  NRS 202.3657 is hereby amended to read

13-7   as follows:

13-8      202.3657  1.  Any person who is a resident of this

13-9   state may apply to the sheriff of the county in which he

13-10   resides for a permit on a form prescribed by regulation of

13-11   the department. Any person who is not a resident of this

13-12   state may apply to the sheriff of any county in this state

13-13   for a permit on a form prescribed by regulation of the

13-14   department. Application forms for permits must be

13-15   furnished by the sheriff of each county upon request.

13-16      2.  Except as otherwise provided in this section, the

13-17   sheriff shall issue a permit for [no more than two] one or

13-18   more specific firearms to any person who is qualified to

13-19   possess [a] each firearm under state and federal law, who

13-20   submits an application in accordance with the provisions

13-21   of this section and who:

13-22      (a) Is 21 years of age or older;

13-23      (b) Is not prohibited from possessing a firearm

13-24   pursuant to NRS 202.360; and

13-25      (c) Demonstrates competence with [a] each firearm by

13-26   presenting a certificate or other documentation to the

13-27   sheriff which shows that he:

13-28         (1) Successfully completed a course in firearm

13-29   safety approved by a sheriff in this state; or

13-30         (2) Successfully completed a course in firearm

13-31   safety offered by a federal, state or local law enforcement

13-32   agency, community college, university or national

13-33   organization that certifies instructors in firearm

13-34  safety.

13-35  Such a course must include instruction in the use of each

13-36   firearm to which the application pertains and in the laws

13-37   of this state relating to the use of a firearm. A sheriff may

13-38   not approve a course in firearm safety pursuant to

13-39   subparagraph (1) unless he determines that the course

13-40   meets any standards that are established by the Nevada

13-41   Sheriffs and Chiefs Association or, if the Nevada Sheriffs

13-42   and Chiefs Association ceases to exist, its legal successor.

13-43      3.  The sheriff shall deny an application or revoke a

13-44   permit if he determines that the applicant or permittee:

13-45      (a) Has an outstanding warrant for his arrest.

14-1      (b) Has been judicially declared incompetent or

14-2  insane.

14-3      (c) Has been voluntarily or involuntarily admitted to a

14-4   mental health facility during the immediately preceding 5

14-5   years.

14-6      (d) Has habitually used intoxicating liquor or a

14-7   controlled substance to the extent that his normal faculties

14-8   are impaired. For the purposes of this paragraph, it is

14-9   presumed that a person has so used intoxicating liquor or

14-10   a controlled substance if, during the immediately

14-11   preceding 5 years, he has been:

14-12         (1) Convicted of violating the provisions of NRS

14-13   484.379; or

14-14         (2) Committed for treatment pursuant to NRS

14-15   458.290 to 458.350, inclusive.

14-16      (e) Has been convicted of a crime involving the use or

14-17   threatened use of force or violence punishable as a

14-18   misdemeanor under the laws of this or any other state, or

14-19   a territory or possession of the United States at any time

14-20   during the immediately preceding 3 years.

14-21      (f) Has been convicted of a felony in this state or

14-22   under the laws of any state, territory or possession of the

14-23   United States.

14-24      (g) Has been convicted of a crime involving domestic

14-25   violence or stalking, or is currently subject to a restraining

14-26   order, injunction or other order for protection against

14-27   domestic violence.

14-28      (h) Is currently on parole or probation from a

14-29   conviction obtained in this state or in any other state or

14-30   territory or possession of the United States.

14-31      (i) Has, within the immediately preceding 5 years,

14-32   been subject to any requirements imposed by a court of

14-33   this state or of any other state or territory or possession of

14-34   the United States, as a condition to the court’s:

14-35         (1) Withholding of the entry of judgment for his

14-36   conviction of a felony; or

14-37         (2) Suspension of his sentence for the conviction of

14-38   a felony.

14-39      (j) Has made a false statement on any application for a

14-40   permit or for the renewal of a permit.

14-41      4.  The sheriff may deny an application or revoke a

14-42   permit if he receives a sworn affidavit stating articulable

14-43   facts based upon personal knowledge from any natural

14-44   person who is 18 years of age or older that the applicant

14-45   or permittee has or may have committed an offense or

14-46   engaged in any other activity specified in subsection 3

15-1  which would preclude the issuance of a permit to the

15-2  applicant or require the revocation of a permit pursuant to

15-3   this section.

15-4      5.  If the sheriff receives notification submitted by a

15-5   court or law enforcement agency of this or any other

15-6   state, the United States , or a territory or possession of the

15-7   United States that a permittee or an applicant for a permit

15-8   has been charged with a crime involving the use or

15-9   threatened use of force or violence, the conviction for

15-10   which would require the revocation of a permit or

15-11   preclude the issuance of a permit to the applicant pursuant

15-12   to this section, the sheriff shall suspend the person’s

15-13   permit or the processing of his application until the final

15-14   disposition of the charges against him. If a permittee is

15-15   acquitted of the charges against him, or if the charges are

15-16   dropped, the sheriff shall restore his permit without

15-17   imposing a fee.

15-18      6.  An application submitted pursuant to this section

15-19   must be completed and signed under oath by the

15-20   applicant. The applicant’s signature must be witnessed by

15-21   an employee of the sheriff or notarized by a notary public.

15-22   The application must include:

15-23      (a) The name, address, place and date of birth, social

15-24   security number, occupation and employer of the

15-25   applicant , and any other names used by the applicant;

15-26      (b) A complete set of the applicant’s fingerprints taken

15-27   by the sheriff or his agent;

15-28      (c) A front-view colored photograph of the applicant

15-29   taken by the sheriff or his agent;

15-30      (d) If the applicant is a resident of this state, the

15-31   driver’s license number or identification card number of

15-32   the applicant issued by the department of motor vehicles;

15-33      (e) If the applicant is not a resident of this state, the

15-34   driver’s license number or identification card number of

15-35   the applicant issued by another state or jurisdiction;

15-36      (f) The make, model and caliber of each firearm to

15-37   which the application pertains;

15-38      (g) A nonrefundable fee in the amount necessary to

15-39   obtain the report required pursuant to subsection 1 of

15-40   NRS 202.366; and

15-41      (h) A nonrefundable fee set by the sheriff not to

15-42   exceed $60.

 

 

 

16-1      Sec. 10. Section 2 of chapter 111, Statutes of Nevada 2001, at

16-2  page 620, is hereby amended to read as follows:

16-3      Sec. 2.  NRS 202.366 is hereby amended to read as

16-4   follows:

16-5      202.366  1.  Upon receipt by a sheriff of an application

16-6   for a permit, the sheriff shall conduct an investigation of the

16-7   applicant to determine if he is eligible for a permit. In

16-8   conducting the investigation, the sheriff shall forward a

16-9   complete set of the applicant’s fingerprints to the central

16-10   repository for Nevada records of criminal history and the

16-11   Federal Bureau of Investigation for a report concerning the

16-12   criminal history of the applicant. The sheriff shall issue a

16-13   permit to the applicant unless he is not qualified to possess a

16-14   handgun pursuant to state or federal law or is not otherwise

16-15   qualified to obtain a permit pursuant to NRS 202.3653 to

16-16   202.369, inclusive, or the regulations adopted pursuant

16-17   thereto.

16-18     2.  To assist the sheriff in conducting his investigation,

16-19   any local law enforcement agency, including the sheriff of

16-20   any county, may voluntarily submit to the sheriff a report or

16-21   other information concerning the criminal history of an

16-22   applicant.

16-23     3.  Within 120 days after a complete application for a

16-24   permit is submitted, the sheriff to whom the application is

16-25   submitted shall grant or deny the application. If the

16-26   application is denied, the sheriff shall send the applicant

16-27   written notification setting forth the reasons for the denial. If

16-28   the application is granted, the sheriff shall provide the

16-29   applicant with a permit containing a colored photograph of

16-30   the applicant and containing such other information as may

16-31   be prescribed by the department. The permit must be in

16-32   substantially the following form:

 

16-33  NEVADA CONCEALED FIREARM PERMIT

 

16-34  County. ...... Permit Number.....

16-35  Expires...... Date of Birth....

16-36  Height. ...... Weight.

16-37  Name. ...... Address

16-38  City...... Zip.

16-39  Photograph

16-40  Signature.....

16-41  Issued by...

16-42  Date of Issue.....

16-43  Make, model and caliber of [firearm] each authorized

16-44   firearm

17-1      4.  Unless suspended or revoked by the sheriff who

17-2  issued the permit, a permit expires:

17-3      (a) If the permittee was a resident of this state at the time

17-4   the permit was issued, on the fifth anniversary of the

17-5   permittee’s birthday, measured from the birthday nearest the

17-6   date of issuance or renewal.

17-7      (b) If the permittee was not a resident of this state at

17-8  the time the permit was issued, on the third anniversary of the

17-9   permittee’s birthday, measured from the birthday nearest the

17-10   date of issuance or renewal.

17-11     5.  If the date of birth of a permittee is on February 29 in

17-12   a leap year, for the purposes of NRS 202.3653 to 202.369,

17-13   inclusive, his date of birth shall be deemed to be on

17-14  February 28.

17-15     Sec. 11. Sections 3, 4, 16, 19 and 27 of chapter 115, Statutes

17-16   of Nevada 2001, at pages 625, 629 and 631, are hereby amended to

17-17   read respectively as follows:

17-18      Sec. 3.  NRS 266.055 is hereby amended to read as

17-19   follows:

17-20      266.055  Municipal corporations organized [under]

17-21   pursuant to the provisions of this chapter must be divided

17-22   into three [classes:] population categories:

17-23     1.  Those cities having 50,000 or more inhabitants are

17-24   cities of [the first class.] population category one.

17-25     2.  Those cities having 5,000 or more but less than

17-26   50,000 inhabitants are cities of [the second class.] population

17-27   category two.

17-28     3.  Those cities having less than 5,000 inhabitants are

17-29   cities of [the third class.] population category three.

17-30      Sec. 4.  NRS 266.060 is hereby amended to read as

17-31   follows:

17-32      266.060  1.  Whenever any city of [the second class]

17-33   population category two attains the population of 50,000 or

17-34   more, or any city of [the third class] population category

17-35   three attains the population of 5,000 or more, and that fact is

17-36   ascertained:

17-37      (a) By actual census taken and certified to the governor

17-38   by the mayor; or

17-39      (b) At the option of the city council, by the governor,

17-40   pursuant to NRS 360.285, for 2 consecutive years,

17-41  the governor shall declare, by public proclamation, that city

17-42   to be of [the first or second class,] population category one

17-43   or two, and the city thus changed is governed by the

17-44   provisions of this chapter applicable to cities of the higher

17-45   [class.] population category.

18-1      2.  An authenticated copy of the governor’s proclamation

18-2  must be filed in the office of the secretary of state.

18-3      Sec. 16.  NRS 266.235 is hereby amended to read as

18-4   follows:

18-5      266.235  Except as otherwise provided in section 1 of

18-6   [this act,] Senate Bill No. 329 of this session, a majority of

18-7   all members of the city council [shall constitute] constitutes a

18-8   quorum to do business, but [a less number] fewer members

18-9   may meet and adjourn from time to time and may compel the

18-10   attendance of absentees under such penalties as may be

18-11   prescribed by ordinance.

18-12      Sec. 19.  NRS 266.250 is hereby amended to read as

18-13   follows:

18-14      266.250  1.  The [council’s] deliberations, sessions and

18-15   proceedings of the city councilmust be public.

18-16     2.  The citycouncil shall keep [a journal] written minutes

18-17   of its own proceedings[.] as required pursuant to NRS

18-18   241.035.The yeas and nays must be taken upon the passage

18-19   of all ordinances, and all propositions to create any liability

18-20   against the city, or to grant, deny, increase, decrease, abolish

18-21   or revoke licenses, and in all other cases at the request of any

18-22   member of the city councilor of the mayor, which yeas and

18-23   nays must be entered [upon the journal] in the minutesof its

18-24   proceedings.

18-25     3.  The affirmative vote of a majority of all the members

18-26   elected to the city council is necessary to pass any such

18-27   ordinance or proposition.

18-28      Sec. 27.  NRS 266.450 is hereby amended to read as

18-29   follows:

18-30      266.450  All elected officers of any city are entitled to

18-31   receive such compensation as may be fixed by ordinance,

18-32   but, except as otherwise provided in NRS 266.041, the

18-33   compensation of any [such officers may] elected officers

18-34   must not be increased or diminished to take effect during the

18-35   [time] term for which the officer was elected . [or

18-36   appointed.] All appointed officers are entitled to receive

18-37   such compensation as may be fixed by ordinance.

18-38     Sec. 12.  Section 1 of chapter 128, Statutes of Nevada 2001, at

18-39   page 684, is hereby amended to read as follows:

18-40      Section 1.  Chapter 19 of NRS is hereby amended by

18-41   adding thereto a new section to read as follows:

18-42     If the agency which provides child welfare services, or a

18-43   child-placing agency licensed by the division of child and

18-44   family services of the department of human resources

18-45   pursuant to chapter 127 of NRS, consents to the adoption

18-46   of a child with special needs pursuant to NRS 127.186, a

19-1  county clerk shall reduce the total filing fee to not more

19-2  than $1 for filing the petition to adopt such a child.

19-3      Sec. 13. Chapter 140, Statutes of Nevada 2001, at page 736, is

19-4   hereby amended by adding thereto new sections to be designated as

19-5   sections 27.1 and 27.2, immediately following section 27, to read

19-6   respectively as follows:

19-7      Sec. 27.1.  Section 60 of chapter 456, Statutes of Nevada

19-8   2001, at page 2338, is hereby amended to read as follows:

19-9      Sec. 60.  1.  This section and sections 48 and 59.5 of

19-10   this act become effective upon passage and approval.

19-11      2.  Sections 1 to 22, inclusive, 24 to 32, inclusive, 34,

19-12   35, 49 to 52, inclusive, and 55 to 59, inclusive, of this act

19-13   become effective on July 1, 2001.

19-14      3.  Sections 36, 38, 39, 40, 43, 44, 47, 53 and 54 of

19-15   this act become effective at 12:01 a.m. on July 1, 2001.

19-16      4.  Sections [23,] 33, 37 and 45 of this act become

19-17   effective at 12:02 a.m. on July 1, 2001.

19-18      5.  Section 48 of this act expires by limitation on

19-19  July 1, 2003.

19-20      Sec. 27.2.  Section 23 of chapter 456, Statutes of Nevada

19-21   2001, at page 2315, is hereby repealed.

19-22     Sec. 14. Section 94 of chapter 152, Statutes of Nevada 2001,

19-23   at page 799, is hereby amended to read as follows:

19-24      Sec. 94.  1.  This section becomes effective upon

19-25   passage and approval.

19-26     2.  Sections 1 to 90, inclusive, subsection 1 of section 91

19-27   and sections 92, 93 and 95 of this act become effective upon

19-28   passage and approval for the purpose of adopting regulations

19-29   and taking such other actions as necessary to regulate

19-30   practitioners of respiratory care, and on July 1, 2001, for all

19-31   other purposes.

19-32     3.  Subsection 2 of section 91 of this act becomes

19-33   effective at 12:01 a.m. on July 1, 2001.

19-34     4.  The amendatory provisions of sections 8, 19[, 24, 26]

19-35   and 41 of this act expire by limitation on the date on which

19-36   the provisions of 42 U.S.C. § 666 requiring each state to

19-37   establish procedures under which the state has authority to

19-38   withhold or suspend, or to restrict the use of professional,

19-39   occupational and recreational licenses of persons who:

19-40      (a) Have failed to comply with a subpoena or warrant

19-41   relating to a proceeding to determine the paternity of a child

19-42   or to establish or enforce an obligation for the support of a

19-43   child; or

19-44      (b) Are in arrears in the payment for the support of one or

19-45   more children,

19-46  are repealed by the Congress of the United States.

20-1      Sec. 15. Sections 1 and 4 of chapter 172, Statutes of Nevada

20-2  2001, at pages 853 and 854, respectively, are hereby amended to

20-3   read respectively as follows:

20-4      Section 1.  NRS 366.110 is hereby amended to read as

20-5   follows:

20-6      366.110  The department:

20-7      1.  Shall enforce the provisions of this chapter.

20-8      2.  May adopt and enforce regulations relating to the

20-9   administration and enforcement of this chapter.

20-10     3.  Shall, by regulation, define “incidentally operated or

20-11   moved upon a highway” for the purpose of NRS 366.085.

20-12     4.  May determine whether any particular vehicle not

20-13   specified in NRS 366.085 is special mobile equipment.

20-14      Sec. 4.  1.  This section and sections 2 and 3 of this act

20-15   [becomes] become effective on July 1, 2001.

20-16     2.  Section 1 of this act becomes effective at 12:01 a.m.

20-17   on July 1, 2001.

20-18     Sec. 16. Section 4 of chapter 183, Statutes of Nevada 2001, at

20-19   page 895, is hereby amended to read as follows:

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

20-21   being chapter 275, Statutes of Nevada 1971, as amended by

20-22   chapter 255, Statutes of Nevada 2001, at page [460,] 1132,

20-23   is hereby amended to read as follows:

20-24      Sec. 2.050  Meetings: Quorum.

20-25      1.  The board of councilmen shall hold at least one

20-26   regular meeting each month, and by [ordinance]

20-27   resolution may provide for additional regular meetings.

20-28      2.  Except as otherwise provided in section 1 of [this

20-29   act,] Senate Bill No. 329 of this session, a majority of all

20-30   members of the board of councilmen constitutes a quorum

20-31   to do business, but a lesser number may meet and recess

20-32   from time to time, and compel the attendance of the

20-33   absent members.

20-34      3.  Except as otherwise provided by law, all sessions

20-35   and [all] proceedings of the board of councilmen must be

20-36   public.

20-37     Sec. 17. Section 10 of chapter 185, Statutes of Nevada 2001,

20-38   at page 904, is hereby amended to read as follows:

20-39      Sec. 10.  NRS 459.742 is hereby amended to read as

20-40   follows:

20-41      459.742  The commission, in carrying out its duties and

20-42   within the limits of legislative appropriations and other

20-43   available money, may:

20-44     1.  Enter into contracts, leases or other agreements or

20-45   transactions;

21-1      2.  Provide grants of money to local emergency planning

21-2  committees to improve their ability to respond to emergencies

21-3   involving hazardous materials;

21-4      3.  Assist with the development of comprehensive plans

21-5   for responding to such emergencies in this state;

21-6      4.  Provide technical assistance and administrative

21-7   support to the telecommunications unit of the communication

21-8   and computing division of the department of information

21-9   technology for the development of systems for

21-10   communication during such emergencies;

21-11     5.  Provide technical and administrative support and

21-12   assistance for training programs;

21-13     6.  Develop a system to provide public access to data

21-14   relating to hazardous materials;

21-15     7.  Support any activity or program eligible to receive

21-16   money from the contingency account for hazardous

21-17   materials;

21-18     8.  Adopt regulations setting forth the manner in which

21-19   the division of emergency management of the department [of

21-20   public safety] shall:

21-21      (a) Allocate money received by the division which relates

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

21-23   99-499 or Title I of Public Law 93-633;] 42 U.S.C. §§ 11001

21-24   et seq. or 49 U.S.C. §§ 5101 et seq.; and

21-25      (b) Approve programs developed to address planning for

21-26   and responding to emergencies involving hazardous

21-27   materials; and

21-28     9.  Coordinate the activities administered by state

21-29   agencies to carry out the provisions of this chapter, [Public

21-30   Law 99-499 and Title I of Public Law 93-633.]42 U.S.C. §§

21-31   11001 et seq. and 49 U.S.C. §§ 5101 et seq.

21-32     Sec. 18. Section 1 of chapter 223, Statutes of Nevada 2001, at

21-33   page 1001, is hereby amended to read as follows:

21-34      Sec. 1.  NRS 482.181 is hereby amended to read as

21-35   follows:

21-36      482.181  1.  Except as otherwise provided in subsection

21-37   5, after deducting the amount withheld by the department

21-38   and the amount credited to the department pursuant to

21-39   subsection 6 of NRS 482.180, the department shall certify

21-40   monthly to the state board of examiners the amount of the

21-41   basic and supplemental governmental services taxes

21-42   collected for each county by the department and its agents

21-43   during the preceding month, and that money must be

21-44   distributed monthly as provided in this section.

21-45     2.  Any supplemental governmental services tax

21-46   collected for a county must be distributed only to the county,

21-47   to be used as provided in NRS 371.045 and 371.047.

22-1      3.  The distribution of the basic governmental services

22-2  tax received or collected for each county must be made to the

22-3   county school district within each county before any

22-4   distribution is made to a local government, special district or

22-5   enterprise district. For the purpose of calculating the amount

22-6   of the basic governmental services tax to be distributed to the

22-7   county school district, the taxes levied by each local

22-8   government, special district and enterprise district are the

22-9   product of its certified valuation, determined pursuant to

22-10   subsection 2 of NRS 361.405, and its tax rate, established

22-11   pursuant to NRS 361.455 for the fiscal year beginning on

22-12  July 1, 1980, except that the tax rate for school districts,

22-13   including the rate attributable to a district’s debt service, is

22-14   the rate established pursuant to NRS 361.455 for the fiscal

22-15   year beginning on July 1, 1978, but if , in any fiscal year, the

22-16   sum of the rate attributable to a district’s debt service in

22-17   [any] that fiscal year and any rate levied for capital projects

22-18   pursuant to NRS 387.3285 in that fiscal year is greater than

22-19   its rate for the fiscal year beginning on July 1, 1978, the

22-20   higher rate must be used to determine the amount attributable

22-21   to debt service.

22-22     4.  After making the distributions set forth in subsection

22-23   3, the remaining money received or collected for each county

22-24   must be deposited in the local government tax distribution

22-25   account created by NRS 360.660 for distribution to local

22-26   governments, special districts and enterprise districts within

22-27   each county pursuant to the provisions of NRS 360.680 and

22-28   360.690.

22-29     5.  An amount equal to any basic governmental services

22-30   tax distributed to a redevelopment agency in the fiscal year

22-31   1987-1988 must continue to be distributed to that agency as

22-32   long as it exists but must not be increased.

22-33     6.  The department shall make distributions of the basic

22-34   governmental services tax directly to county school districts.

22-35     7.  As used in this section:

22-36      (a) “Enterprise district” has the meaning ascribed to it in

22-37   NRS 360.620.

22-38      (b) “Local government” has the meaning ascribed to it in

22-39   NRS 360.640.

22-40      (c) “Received or collected for each county” means:

22-41         (1) For the basic governmental services tax collected

22-42   on vehicles subject to the provisions of chapter 706 of NRS,

22-43   the amount determined for each county based on the

22-44   following percentages:

 

 

23-1  Carson City1.07 percentLincoln3.12 percent

23-2  Churchill5.21 percentLyon2.90 percent

23-3  Clark22.54 percentMineral2.40 percent

23-4  Douglas2.52 percentNye4.09 percent

23-5  Elko13.31 percentPershing7.00 percent

23-6  Esmeralda2.52 percentStorey...   .19 percent

23-7  Eureka3.10 percentWashoe12.24 percent

23-8  Humboldt8.25 percentWhite Pine5.66 percent

23-9  Lander3.88 percent

 

23-10         (2) For all other basic and supplemental governmental

23-11   services tax received or collected by the department, the

23-12   amount attributable to each county based on the county of

23-13   registration of the vehicle for which the tax was paid.

23-14      (d) “Special district” has the meaning ascribed to it in

23-15   NRS 360.650.

23-16     Sec. 19. 1.  Section 4 of chapter 224, Statutes of Nevada

23-17   2001, at page 1004, is hereby amended to read as follows:

23-18      Sec. 4.  1.  This section and section 2.5 of this act

23-19   become effective on June 30, 2001.

23-20     2.  Sections 1, 2 and 3 of this act [becomes] become

23-21   effective on July 1, 2001.

23-22     2.  Chapter 224, Statutes of Nevada 2001, at page 1003, is

23-23   hereby amended by adding thereto a new section to be designated

23-24   as section 2.5, immediately following section 2, to read as follows:

23-25      Sec. 2.5.  Section 8 of chapter 307, Statutes of Nevada

23-26   2001, at page 1441, is hereby repealed.

23-27     Sec. 20. Sections 47 and 52 of chapter 236, Statutes of Nevada

23-28   2001, at pages 1068 and 1070, respectively, are hereby amended to

23-29   read respectively as follows:

23-30      Sec. 47.  NRS 639.2328 is hereby amended to read as

23-31   follows:

23-32      639.2328  1.  Every pharmacy located outside Nevada

23-33   that provides mail order service to or solicits or advertises for

23-34   orders for drugs available with a prescription from a resident

23-35   of Nevada must be licensed by the board.

23-36     2.  To be licensed or to renew a license, such a pharmacy

23-37   must:

23-38      (a) Be licensed as a pharmacy, or the equivalent, by the

23-39   state or country in which its dispensing facilities are located.

23-40      (b) Comply with all applicable federal laws, regulations

23-41   and standards.

23-42      (c) Submit an application in the form furnished by the

23-43   board.

23-44      (d) Provide the following information to the board:

23-45         (1) The name and address of the owner;

24-1          (2) The location of the pharmacy;

24-2          (3) The name of the pharmacist who is the managing

24-3   pharmacist; and

24-4          (4) Any other information the board deems necessary.

24-5      (e) Pay the fee required by regulation of the board.

24-6      (f) Submit evidence satisfactory to the board that the

24-7   facility, records and operation of the pharmacy comply with

24-8   the laws and regulations of the state or country in which the

24-9   pharmacy is located.

24-10      (g) Submit certification satisfactory to the board that the

24-11   pharmacy complies with all lawful requests and directions

24-12   from the regulatory board or licensing authority of the state

24-13   or country in which the pharmacy is located relating to the

24-14   shipment, mailing or delivery of drugs.

24-15      (h) Be certified by the board pursuant to section 43 of

24-16   this act if the pharmacy operates an Internet pharmacy.

24-17     3.  In addition to the requirements of subsection 2, the

24-18   board may require such a pharmacy to be inspected by the

24-19   board.

24-20      Sec. 52.  1.  This section and [sections] section 50 of

24-21   this act become effective on June 30, 2001.

24-22     2.  Sections 1 to 28, inclusive, [and] 30 to [51,] 46,

24-23   inclusive, 48, 49 and 51 of this act become effective on

24-24  July 1, 2001.

24-25      [2.  Section]

24-26     3.  Sections 29 and 47 of this act [becomes] become

24-27   effective at 12:01 a.m. on July 1, 2001.

24-28     Sec. 21. Section 7 of chapter 240, Statutes of Nevada 2001, at

24-29   page 1079, is hereby amended to read as follows:

24-30      Sec. 7.  NRS 353.264 is hereby amended to read as

24-31   follows:

24-32      353.264  1.  The reserve for statutory contingency

24-33   account is hereby created in the state general fund.

24-34     2.  The state board of examiners shall administer the

24-35   reserve for statutory contingency account . [, and the] The

24-36   money in the account must be expended only for:

24-37      (a) The payment of claims which are obligations of the

24-38   state pursuant to NRS 41.03435, 41.0347, 176.485, 179.310,

24-39   212.040, 212.050, 212.070, 214.040, 281.174, 282.290,

24-40   282.315, 288.203, 293.253, 293.405, 353.120, 353.262,

24-41   412.154 and 475.235;

24-42      (b) The payment of claims which are obligations of the

24-43   state pursuant to:

24-44         (1) Chapter 472 of NRS arising from operations of the

24-45   division of forestry of the state department of conservation

25-1  and natural resources directly involving the protection of life

25-2  and property; and

25-3          (2) NRS 7.155, 34.750, 176A.640, 179.225, 213.153

25-4   and 293B.210,

25-5  [but the claims must] except that claims may be approved for

25-6   the respective purposes listed in this paragraph only when the

25-7   money otherwise appropriated for those purposes has been

25-8   exhausted;

25-9      (c) The payment of claims which are obligations of the

25-10   state pursuant to nrs 41.0349 and 41.037, but only to the

25-11   extent that the money in the fund for insurance premiums is

25-12   insufficient to pay the claims; and

25-13      (d) The payment of claims which are obligations of the

25-14   state pursuant to nrs 535.030 arising from remedial actions

25-15   taken by the state engineer when the condition of a dam

25-16   becomes dangerous to the safety of life or property.

25-17     3.  The state board of examiners may authorize its

25-18   clerk, under such circumstances as it deems appropriate, to

25-19   approve, on behalf of the board, the payment of claims

25-20   from the reserve for statutory contingency account. For the

25-21   purpose of exercising any authority granted to the clerk of

25-22   the state board of examiners pursuant to this subsection,

25-23   any statutory reference to the state board of examiners

25-24   relating to such a claim shall be deemed to refer to the

25-25   clerk of the board.

25-26     Sec. 22. Sections 1 and 3 of chapter 252, Statutes of Nevada

25-27   2001, at pages 1118 and 1120, respectively, are hereby amended to

25-28   read respectively as follows:

25-29      Section 1.  NRS 361.244 is hereby amended to read as

25-30   follows:

25-31      361.244  1.  A mobile or manufactured home is eligible

25-32   to become real property if it becomes permanently affixed to

25-33   land which is owned by the owner of the mobile or

25-34   manufactured home.

25-35     2.  A mobile or manufactured home becomes real

25-36   property when the assessor of the county in which the mobile

25-37   or manufactured home is located has placed it on the tax roll

25-38   as real property. [The] Except as otherwise provided in

25-39   subsection 5, the assessor shall not place a mobile or

25-40   manufactured home on the tax roll until:

25-41      (a) He has received verification from the manufactured

25-42   housing division of the department of business and industry

25-43   that the mobile or manufactured home has been converted to

25-44   real property;

25-45      (b) The unsecured personal property tax has been paid in

25-46   full for the current fiscal year;

26-1      (c) An affidavit of conversion of the mobile or

26-2  manufactured home from personal to real property has been

26-3   recorded in the county recorder’s office of the county in

26-4   which the mobile or manufactured home is located; and

26-5      (d) The dealer or owner has delivered to the division a

26-6   copy of the recorded affidavit of conversion and all

26-7   documents relating to the mobile or manufactured home in

26-8   its former condition as personal property.

26-9      3.  A mobile or manufactured home which is converted

26-10   to real property pursuant to this section shall be deemed to be

26-11   a fixture and an improvement to the real property to which it

26-12   is affixed.

26-13     4.  Factory-built housing, as defined in NRS 461.080,

26-14   constitutes real property if it becomes, on or after July 1,

26-15   1979, permanently affixed to land which is owned by the

26-16   owner of the factory-built housing.

26-17     5.  [A manufactured home, as defined in NRS 489.113,

26-18   constitutes real property if it becomes, on or after January 1,

26-19   2000, permanently affixed to land which is owned by the

26-20   owner of the manufactured home.

26-21      6.] The assessor of the county in which a manufactured

26-22   home is located shall, without regard to the conditions set

26-23   forth in subsection 2, place the manufactured home on the

26-24   tax roll as real property if, on or after July 1, 2001, the

26-25   manufactured home is permanently affixed to a residential

26-26   lot pursuant to an ordinance required by NRS 278.02095.

26-27     6.  The provisions of subsection 5 do not apply to a

26-28   manufactured home located in:

26-29      (a) An area designated by local ordinance for the

26-30   placement of a manufactured home without conversion to

26-31   real property;

26-32      (b) A mobile home park; or

26-33      (c) Any other area to which the provisions of NRS

26-34   278.02095 do not apply.

26-35     7. For the purposes of this section, “land which is

26-36   owned” includes land for which the owner has a possessory

26-37   interest resulting from a life estate, lease or contract for sale.

26-38      Sec. 3.  1.  This section and section 2 of this act

26-39   [becomes] become effective on July 1, 2001.

26-40     2.  Section 1 of this act becomes effective at 12:01 a.m.

26-41   on July 1, 2001.

 

 

 

 

27-1      Sec. 23. Sections 1, 3 and 4 of chapter 258, Statutes of Nevada

27-2  2001, at pages 1138, 1140 and 1142, respectively, are hereby

27-3   amended to read respectively as follows:

27-4      Section 1.  NRS 200.508 is hereby amended to read as

27-5   follows:

27-6      200.508  1.  A person who[:

27-7      (a) Willfully] willfully causes a child who is less than 18

27-8   years of age to suffer unjustifiable physical pain or mental

27-9   suffering as a result of abuse or neglect or to be placed in a

27-10   situation where the child may suffer physical pain or mental

27-11   suffering as the result of abuse or neglect[; or

27-12      (b) Is] :

27-13      (a) If substantial bodily or mental harm results to the

27-14   child:

27-15         (1) If the child is less than 14 years of age and the

27-16   harm is the result of sexual abuse or exploitation, is guilty

27-17   of a category A felony and shall be punished by

27-18   imprisonment in the state prison for life with the possibility

27-19   of parole, with eligibility for parole beginning when a

27-20   minimum of 15 years has been served; or

27-21         (2) In all other such cases to which subparagraph (1)

27-22   does not apply, is guilty of a category B felony and shall be

27-23   punished by imprisonment in the state prison for a

27-24   minimum term of not less than 2 years and a maximum

27-25   term of not more than 20 years; or

27-26      (b) If substantial bodily or mental harm does not result

27-27   to the child:

27-28         (1) If the person has not previously been convicted of

27-29   a violation of this section or of a violation of the law of any

27-30   other jurisdiction that prohibits the same or similar

27-31   conduct, is guilty of a category B felony and shall be

27-32   punished by imprisonment in the state prison for a

27-33   minimum term of not less than 1 year and a maximum term

27-34   of not more than 6 years; or

27-35         (2) If the person has previously been convicted of a

27-36   violation of this section or of a violation of the law of any

27-37   other jurisdiction that prohibits the same or similar

27-38   conduct, is guilty of a category B felony and shall be

27-39   punished by imprisonment in the state prison for a

27-40   minimum term of not less than 2 years and a maximum

27-41   term of not more than 15 years,

27-42  unless a more severe penalty is prescribed by law for an act

27-43   or omission that brings about the abuse or neglect.

27-44     2.  A person who is responsible for the safety or welfare

27-45   of a child and who permits or allows that child to suffer

27-46   unjustifiable physical pain or mental suffering as a result of

28-1  abuse or neglect or to be placed in a situation where the child

28-2  may suffer physical pain or mental suffering as the result of

28-3   abuse or neglect[,

28-4  is guilty of a gross misdemeanor unless a more severe penalty

28-5   is prescribed by law for an act or omission which brings

28-6   about the abuse, neglect or danger.

28-7      2.  A person who violates any provision of subsection 1,

28-8   if] :

28-9      (a) If substantial bodily or mental harm results to the

28-10   child:

28-11      [(a)] (1) If the child is less than 14 years of age and the

28-12   harm is the result of sexual abuse or exploitation, is guilty of

28-13   a category A felony and shall be punished by imprisonment

28-14   in the state prison for life with the possibility of parole, with

28-15   eligibility for parole beginning when a minimum of 10 years

28-16   has been served; or

28-17      [(b)] (2) In all other such cases to which [paragraph (a)]

28-18   subparagraph (1) does not apply, is guilty of a category B

28-19   felony and shall be punished by imprisonment in the state

28-20   prison for a minimum term of not less than 2 years and a

28-21   maximum term of not more than 20 years[.] ; or

28-22      (b) If substantial bodily or mental harm does not result

28-23   to the child:

28-24         (1) If the person has not previously been convicted of

28-25   a violation of this section or of a violation of the law of any

28-26   other jurisdiction that prohibits the same or similar

28-27   conduct, is guilty of a gross misdemeanor; or

28-28         (2) If the person has previously been convicted of a

28-29   violation of this section or of a violation of the law of any

28-30   other jurisdiction that prohibits the same or similar

28-31   conduct, is guilty of a category C felony and shall be

28-32   punished as provided in NRS 193.130,

28-33  unless a more severe penalty is prescribed by law for an act

28-34   or omission that brings about the abuse or neglect.

28-35     3.  A person does not commit a violation of subsection 1

28-36   or 2 by virtue of the sole fact that he delivers or allows the

28-37   delivery of a child to a provider of emergency services

28-38   pursuant to section 1 of [this act.] Senate Bill No. 191 of this

28-39   session.

28-40     4.  As used in this section:

28-41      (a) “Abuse or neglect” means physical or mental injury of

28-42   a nonaccidental nature, sexual abuse, sexual exploitation,

28-43   negligent treatment or maltreatment of a child under the age

28-44   of 18 years, as set forth in paragraph (d) and NRS 432B.070,

28-45   432B.100, 432B.110, 432B.140 and 432B.150, under

29-1  circumstances which indicate that the child’s health or

29-2  welfare is harmed or threatened with harm.

29-3      (b) “Allow” means to do nothing to prevent or stop the

29-4   abuse or neglect of a child in circumstances where the person

29-5   knows or has reason to know that the child is abused or

29-6   neglected.

29-7      (c) “Permit” means permission that a reasonable person

29-8   would not grant and which amounts to a neglect of

29-9   responsibility attending the care, custody and control of a

29-10   minor child.

29-11      (d) “Physical injury” means:

29-12         (1) Permanent or temporary disfigurement; or

29-13         (2) Impairment of any bodily function or organ of the

29-14   body.

29-15      (e) “Substantial mental harm” means an injury to the

29-16   intellectual or psychological capacity or the emotional

29-17   condition of a child as evidenced by an observable and

29-18   substantial impairment of the ability of the child to function

29-19   within his normal range of performance or behavior.

29-20      Sec. 3.  NRS 178.5698 is hereby amended to read as

29-21   follows:

29-22      178.5698  1.  The prosecuting attorney, sheriff or chief

29-23   of police shall, upon the written request of a victim or

29-24   witness, inform him:

29-25      (a) When the defendant is released from custody at any

29-26   time before or during the trial;

29-27      (b) If the defendant is so released, the amount of bail

29-28   required, if any; and

29-29      (c) Of the final disposition of the criminal case in which

29-30   he was directly involved.

29-31     2.  If an offender is convicted of a sexual offense or an

29-32   offense involving the use or threatened use of force or

29-33   violence against the victim, the court shall provide:

29-34      (a) To each witness, documentation that includes:

29-35         (1) A form advising the witness of the right to be

29-36   notified pursuant to subsection 4;

29-37         (2) The form that the witness must use to request

29-38   notification; and

29-39         (3) The form or procedure that the witness must use to

29-40   provide a change of address after a request for notification

29-41   has been submitted.

29-42      (b) To each person listed in subsection 3, documentation

29-43   that includes:

29-44         (1) A form advising the person of the right to be

29-45   notified pursuant to subsection 4 or 5 and NRS 176.015,

30-1  176A.630, 209.392, 209.3925, 209.521, 213.010, 213.040,

30-2  213.095 and 213.130;

30-3          (2) The forms that the person must use to request

30-4   notification; and

30-5          (3) The forms or procedures that the person must use

30-6   to provide a change of address after a request for notification

30-7   has been submitted.

30-8      3.  The following persons are entitled to receive

30-9   documentation pursuant to paragraph (b) of subsection 2:

30-10      (a) A person against whom the offense is committed.

30-11      (b) A person who is injured as a direct result of the

30-12   commission of the offense.

30-13      (c) If a person listed in paragraph (a) or (b) is under

30-14  the age of 18 years, each parent or guardian who is not the

30-15   offender.

30-16      (d) Each surviving spouse, parent and child of a person

30-17   who is killed as a direct result of the commission of the

30-18   offense.

30-19      (e) A relative of a person listed in paragraphs (a) to (d),

30-20   inclusive, if the relative requests in writing to be provided

30-21   with the documentation.

30-22     4.  Except as otherwise provided in subsection 5, if the

30-23   offense was a felony and the offender is imprisoned, the

30-24   warden of the prison shall, if the victim or witness so

30-25   requests in writing and provides his current address, notify

30-26   him at that address when the offender is released from the

30-27   prison.

30-28     5.  If the offender was convicted of a violation of

30-29   subsection 3 of NRS 200.366 or a violation of subsection 1,

30-30   paragraph (a) of subsection 2 or subparagraph (2) of

30-31   paragraph (b) of subsection 2 of NRS 200.508, the warden

30-32   of the prison shall notify:

30-33      (a) The immediate family of the victim if the immediate

30-34   family provides their current address;

30-35      (b) Any member of the victim’s family related within the

30-36   third degree of consanguinity, if the member of the victim’s

30-37   family so requests in writing and provides his current

30-38   address; and

30-39      (c) The victim, if he will be 18 years of age or older at the

30-40   time of the release and has provided his current

30-41  address,

30-42  before the offender is released from prison.

30-43     6.  The warden must not be held responsible for any

30-44   injury proximately caused by his failure to give any notice

30-45   required pursuant to this section if no address was provided

30-46   to him or if the address provided is inaccurate or not current.

30-47     7.  As used in this section:

31-1      (a) “Immediate family” means any adult relative of the

31-2  victim living in the victim’s household.

31-3      (b) “Sexual offense” means:

31-4          (1) Sexual assault pursuant to NRS 200.366;

31-5          (2) Statutory sexual seduction pursuant to

31-6  NRS 200.368;

31-7          (3) Battery with intent to commit sexual assault

31-8   pursuant to NRS 200.400;

31-9          (4) An offense involving pornography and a minor

31-10   pursuant to NRS 200.710 to 200.730, inclusive;

31-11         (5) Incest pursuant to NRS 201.180;

31-12         (6) Solicitation of a minor to engage in acts

31-13   constituting the infamous crime against nature pursuant to

31-14   NRS 201.195;

31-15         (7) Open or gross lewdness pursuant to NRS 201.210;

31-16         (8) Indecent or obscene exposure pursuant to

31-17  NRS 201.220;

31-18         (9) Lewdness with a child pursuant to NRS 201.230;

31-19         (10) Sexual penetration of a dead human body

31-20   pursuant to NRS 201.450;

31-21         (11) Luring a child using a computer, system or

31-22   network pursuant to section 4 of [this act,] Senate Bill No.

31-23   551 of this session, if punished as a felony;

31-24         (12) Annoyance or molestation of a minor pursuant to

31-25   NRS 207.260;

31-26         (13) An offense that, pursuant to a specific statute, is

31-27   determined to be sexually motivated; or

31-28         (14) An attempt to commit an offense listed in this

31-29   paragraph.

31-30      Sec. 4.  NRS 213.1255 is hereby amended to read as

31-31   follows:

31-32      213.1255  1.  In addition to any conditions of parole

31-33   required to be imposed pursuant to NRS 213.1245, as a

31-34   condition of releasing on parole a prisoner who was

31-35   convicted of committing an offense listed in subsection 2

31-36   against a child under the age of 14 years, the board shall,

31-37   when appropriate:

31-38      (a) Require the parolee to participate in psychological

31-39   counseling;

31-40      (b) Prohibit the parolee from being alone with a child

31-41   unless another adult who has never been convicted of a

31-42   sexual offense is present; and

31-43      (c) Prohibit the parolee from being on or near the grounds

31-44   of any place that is primarily designed for use by or for

31-45   children, including, without limitation, a public or private

31-46   school, a center or facility that provides day care services, a

31-47   video arcade and an amusement park.

32-1      2.  The provisions of subsection 1 apply to a prisoner

32-2  who was convicted of:

32-3      (a) Sexual assault pursuant to paragraph (c) of subsection

32-4   3 of NRS 200.366;

32-5      (b) Abuse or neglect of a child pursuant to subparagraph

32-6   (1) of paragraph (a) of subsection 1 or subparagraph (1) of

32-7   paragraph (a) of subsection 2 of NRS 200.508;

32-8      (c) An offense punishable pursuant to subsection 2 of

32-9   NRS 200.750;

32-10      (d) Solicitation of a minor to engage in acts constituting

32-11   the infamous crime against nature pursuant to subparagraph

32-12   (1) of paragraph (a) of subsection 1 of NRS 201.195;

32-13      (e) Lewdness with a child pursuant to NRS 201.230;

32-14      (f) Luring a child using a computer, system or network

32-15   pursuant to section 4 of [this act,] Senate Bill No. 551 of this

32-16   session, if punished as a felony; or

32-17      (g) Any combination of the crimes listed in paragraphs (a)

32-18   to (f), inclusive.

32-19     Sec. 24. 1.  Sections 9, 22, 27 and 28 of chapter 262, Statutes

32-20   of Nevada 2001, at pages 1163, 1166 and 1169, are hereby

32-21   amended to read respectively as follows:

32-22      Sec. 9.  NRS 209.432 is hereby amended to read as

32-23   follows:

32-24      209.432  As used in NRS 209.432 to 209.451, inclusive,

32-25   unless the context otherwise requires:

32-26     1.  “Offender” includes [a] :

32-27      (a) A person who is convicted of a felony under the laws

32-28   of this state and sentenced, ordered or otherwise assigned to

32-29   serve a term of residential confinement.

32-30      (b) A person who is convicted of a felony under the laws

32-31   of this state and assigned to the custody of the division of

32-32   parole and probation of the department of public safety

32-33   pursuant to section 7 of this act.

32-34     2.  “Residential confinement” means the confinement of

32-35   a person convicted of a felony to his place of residence under

32-36   the terms and conditions established pursuant to specific

32-37   statute. The term does not include any confinement ordered

32-38   pursuant to NRS 176A.530 to 176A.560, inclusive,

32-39   176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or

32-40   213.152 to 213.1528, inclusive.

32-41      Sec. 22.  Chapter 179 of NRS is hereby amended by

32-42   adding thereto a new section to read as follows:

32-43     1.  Except as otherwise provided in subsections 3 and 4,

32-44   5 years after an eligible person completes a program for

32-45   reentry, the court may order sealed all documents, papers

32-46   and exhibits in the eligible person’s record, minute book

33-1  entries and entries on dockets, and other documents relating

33-2  to the case in the custody of such other agencies and

33-3   officers as are named in the court’s order. The court may

33-4   order those records sealed without a hearing unless the

33-5   division of parole and probation of the department of public

33-6   safety petitions the court, for good cause shown, not to seal

33-7   the records and requests a hearing thereon.

33-8      2.  If the court orders sealed the record of an eligible

33-9   person, the court shall send a copy of the order to each

33-10   agency or officer named in the order. Each such agency or

33-11   officer shall notify the court in writing of its compliance

33-12   with the order.

33-13     3.  A professional licensing board is entitled, for the

33-14   purpose of determining suitability for a license or liability

33-15   to discipline for misconduct, to inspect and to copy from a

33-16   record sealed pursuant to this section.

33-17     4.  A person may not petition the court to seal records

33-18   relating to a conviction of a crime against a child or a

33-19   sexual offense.

33-20     5.  As used in this section:

33-21      (a) “Crime against a child” has the meaning ascribed to

33-22   it in NRS 179D.210.

33-23      (b) “Eligible person” means a person who has:

33-24         (1) Successfully completed a program for reentry to

33-25   which he participated in pursuant to section 7 or 19 of this

33-26   act; and

33-27         (2) Been convicted of a single offense which was

33-28   punishable as a felony and which did not involve the use or

33-29   threatened use of force or violence against the victim. For

33-30   the purposes of this subparagraph, multiple convictions for

33-31   an offense punishable as a felony shall be deemed to

33-32   constitute a single offense if those offenses arose out of the

33-33   same transaction or occurrence.

33-34      (c) “Program for reentry” means a program for reentry

33-35   of prisoners and parolees into the community that is

33-36   established in a judicial district pursuant to section 6 of this

33-37   act.

33-38      (d) “Sexual offense” has the meaning ascribed to it in

33-39   paragraph (b) of subsection 7 of NRS 179.245.

33-40      Sec. 27.  1.  The amendatory provisions of section [12]

33-41   11.5 of this act do not apply to offenses committed before

33-42   July 1, 2001.

33-43     2.  The amendatory provisions of section 12 of this act

33-44   do not apply to offenses committed before July 1, 2003.

34-1      Sec. 28.  1.  This section and sections 1 to 8, inclusive,

34-2  and 13 to 27, inclusive, of this act [becomes] become

34-3   effective on July 1, 2001.

34-4      2.  Sections 8.5, 9.5, 10.5 and 11.5 of this act become

34-5   effective on July 1, 2001, and expire by limitation on

34-6  June 30, 2003.

34-7      3.  Sections 9, 10, 11 and 12 of this act become effective

34-8   at 12:01 a.m. on July 1, 2003.

34-9      2.  Chapter 262, Statutes of Nevada 2001, at page 1162, is

34-10   hereby amended by adding thereto a new section to be designated

34-11   as section 8.5, immediately following section 8, to read as follows:

34-12      Sec. 8.5.  NRS 209.432 is hereby amended to read as

34-13   follows:

34-14      209.432  As used in NRS 209.432 to 209.451, inclusive,

34-15   unless the context otherwise requires:

34-16     1.  “Offender” includes:

34-17      (a) A person who is convicted of a felony under the laws

34-18   of this state and sentenced, ordered or otherwise assigned to

34-19   serve a term of residential confinement.

34-20      (b) A person who is convicted of a felony under the laws

34-21   of this state and assigned to the custody of the division of

34-22   parole and probation of the department of public safety

34-23   pursuant to NRS 209.4314[.] or section 7 of this act.

34-24     2.  “Residential confinement” means the confinement of

34-25   a person convicted of a felony to his place of residence under

34-26   the terms and conditions established pursuant to specific

34-27   statute. The term does not include any confinement ordered

34-28   pursuant to NRS 176A.530 to 176A.560, inclusive,

34-29   176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or

34-30   213.152 to 213.1528, inclusive.

34-31     3.  Chapter 262, Statutes of Nevada 2001, at page 1163, is

34-32   hereby amended by adding thereto a new section to be designated

34-33   as section 9.5, immediately following section 9, to read as follows:

34-34      Sec. 9.5.  NRS 209.446 is hereby amended to read as

34-35   follows:

34-36      209.446  1.  Every offender who is sentenced to prison

34-37   for a crime committed on or after July 1, 1985, but before

34-38   July 17, 1997, who has no serious infraction of the

34-39   regulations of the department, the terms and conditions of his

34-40   residential confinement, or the laws of the state recorded

34-41   against him, and who performs in a faithful, orderly and

34-42   peaceable manner the duties assigned to him, must be

34-43   allowed:

34-44      (a) For the period he is actually incarcerated under

34-45   sentence;

34-46      (b) For the period he is in residential confinement; and

35-1      (c) For the period he is in the custody of the division of

35-2  parole and probation of the department of public safety

35-3   pursuant to NRS 209.4314[,] or section 7 of this act,

35-4  a deduction of 10 days from his sentence for each month he

35-5   serves.

35-6      2.  In addition to the credit provided for in subsection 1,

35-7   the director may allow not more than 10 days of credit each

35-8   month for an offender whose diligence in labor and study

35-9   merits such credits. In addition to the credits allowed

35-10   pursuant to this subsection, an offender is entitled to the

35-11   following credits for educational achievement:

35-12      (a) For earning a general equivalency diploma, 30 days.

35-13      (b) For earning a high school diploma, 60 days.

35-14      (c) For earning an associate degree, 90 days.

35-15     3.  The director may allow not more than 10 days of

35-16   credit each month for an offender who participates in a

35-17   diligent and responsible manner in a center for the purpose of

35-18   making restitution, conservation camp, program of work

35-19   release or another program conducted outside of the prison.

35-20   An offender who earns credit pursuant to this subsection is

35-21   entitled to the entire 20 days of credit each month which is

35-22   authorized in subsections 1 and 2.

35-23     4.  The director may allow not more than 90 days of

35-24   credit each year for an offender who engages in exceptional

35-25   meritorious service.

35-26     5.  The board shall adopt regulations governing the

35-27   award, forfeiture and restoration of credits pursuant to this

35-28   section.

35-29     6.  Credits earned pursuant to this section:

35-30      (a) Must be deducted from the maximum term imposed

35-31   by the sentence; and

35-32      (b) Apply to eligibility for parole unless the offender was

35-33   sentenced pursuant to a statute which specifies a minimum

35-34   sentence which must be served before a person becomes

35-35   eligible for parole.

35-36     4.  Chapter 262, Statutes of Nevada 2001, at page 1163, is

35-37   hereby amended by adding thereto a new section to be designated

35-38   as section 10.5, immediately following section 10, to read as

35-39   follows:

35-40      Sec. 10.5.  NRS 209.4465 is hereby amended to read as

35-41   follows:

35-42      209.4465  1.  An offender who is sentenced to prison

35-43   for a crime committed on or after July 17, 1997, who has no

35-44   serious infraction of the regulations of the department, the

35-45   terms and conditions of his residential confinement or the

35-46   laws of the state recorded against him, and who performs in a

36-1  faithful, orderly and peaceable manner the duties assigned to

36-2  him, must be allowed:

36-3      (a) For the period he is actually incarcerated pursuant to

36-4   his sentence;

36-5      (b) For the period he is in residential confinement; and

36-6      (c) For the period he is in the custody of the division of

36-7   parole and probation of the department of public safety

36-8   pursuant to NRS 209.4314[,] or section 7 of this act,

36-9  a deduction of 10 days from his sentence for each month he

36-10   serves.

36-11     2.  In addition to the credits allowed pursuant to

36-12   subsection 1, the director may allow not more than 10 days

36-13   of credit each month for an offender whose diligence in labor

36-14   and study merits such credits. In addition to the credits

36-15   allowed pursuant to this subsection, an offender is entitled to

36-16   the following credits for educational achievement:

36-17      (a) For earning a general equivalency diploma, 30 days.

36-18      (b) For earning a high school diploma, 60 days.

36-19      (c) For earning his first associate degree, 90 days.

36-20     3.  The director may, in his discretion, authorize an

36-21   offender to receive a maximum of 90 days of credit for each

36-22   additional degree of higher education earned by the offender.

36-23     4.  The director may allow not more than 10 days of

36-24   credit each month for an offender who participates in a

36-25   diligent and responsible manner in a center for the purpose of

36-26   making restitution, conservation camp, program of work

36-27   release or another program conducted outside of the prison.

36-28   An offender who earns credit pursuant to this subsection is

36-29   eligible to earn the entire 20 days of credit each month that is

36-30   allowed pursuant to subsections 1 and 2.

36-31     5.  The director may allow not more than 90 days of

36-32   credit each year for an offender who engages in exceptional

36-33   meritorious service.

36-34     6.  The board shall adopt regulations governing the

36-35   award, forfeiture and restoration of credits pursuant to this

36-36   section.

36-37     7.  Credits earned pursuant to this section:

36-38      (a) Must be deducted from the maximum term imposed

36-39   by the sentence; and

36-40      (b) Apply to eligibility for parole unless the offender was

36-41   sentenced pursuant to a statute which specifies a minimum

36-42   sentence that must be served before a person becomes

36-43   eligible for parole.

 

 

37-1      5.  Chapter 262, Statutes of Nevada 2001, at page 1164, is

37-2  hereby amended by adding thereto a new section to be designated as

37-3   section 11.5, immediately following section 11, to read as follows:

37-4      Sec. 11.5.  NRS 212.187 is hereby amended to read as

37-5   follows:

37-6      212.187  1.  A prisoner who is in lawful custody or

37-7   confinement, other than in the custody of the division of

37-8   parole and probation of the department of public safety

37-9   pursuant to NRS 209.4314 or section 7 of this act or

37-10   residential confinement, and who voluntarily engages in

37-11   sexual conduct with another person is guilty of a category D

37-12   felony and shall be punished as provided in NRS 193.130.

37-13     2.  A person who voluntarily engages in sexual conduct

37-14   with a prisoner who is in lawful custody or confinement,

37-15   other than in the custody of the division of parole and

37-16   probation of the department of public safety pursuant to NRS

37-17   209.4314 or section 7 of this act or residential confinement,

37-18   is guilty of a category D felony and shall be punished as

37-19   provided in NRS 193.130.

37-20     3.  As used in this section, “sexual conduct”:

37-21      (a) Includes acts of masturbation, homosexuality, sexual

37-22   intercourse or physical contact with another person’s clothed

37-23   or unclothed genitals or pubic area to arouse, appeal to or

37-24   gratify the sexual desires of a person.

37-25      (b) Does not include acts of a person who has custody of

37-26   a prisoner or an employee of the institution in which the

37-27   prisoner is confined that are performed to carry out the

37-28   necessary duties of such a person or employee.

37-29     Sec. 25. Section 12 of chapter 264, Statutes of Nevada 2001,

37-30   at page 1172, is hereby amended to read as follows:

37-31      Sec. 12.  NRS 118B.040 is hereby amended to read as

37-32   follows:

37-33      118B.040  1.  A rental agreement or lease between a

37-34   landlord and tenant to rent or lease any [mobile]

37-35   manufactured home lot must be in writing. The landlord

37-36   shall give the tenant a copy of the agreement or lease at the

37-37   time the tenant signs it.

37-38     2.  A rental agreement or lease must contain, but is not

37-39   limited to, provisions relating to:

37-40      (a) The duration of the agreement.

37-41      (b) The amount of rent, the manner and time of its

37-42   payment and the amount of any charges for late payment and

37-43   dishonored checks.

37-44      (c) Restrictions on occupancy by children or pets.

38-1      (d) Services and utilities included with the rental of a lot

38-2  and the responsibility of maintaining or paying for them,

38-3   including the charge, if any, for cleaning the lots.

38-4      (e) Deposits which may be required and the conditions for

38-5   their refund.

38-6      (f) Maintenance which the tenant is required to perform

38-7   and any appurtenances he is required to provide.

38-8      (g) The name and address of the owner of the [mobile]

38-9   manufactured home park and his authorized agent.

38-10      (h) Any restrictions on subletting.

38-11      (i) Any recreational facilities and other amenities

38-12   provided to the tenant and any deposits or fees required for

38-13   their use.

38-14      (j) Any restriction of the park to older persons pursuant to

38-15   federal law.

38-16      (k) The dimensions of the [mobile] manufactured home

38-17   lot of the tenant.

38-18      (l) A summary of the provisions of NRS 202.470.

38-19      (m) Information regarding the procedure pursuant to

38-20   which a tenant may report to the appropriate authorities:

38-21         (1) A nuisance.

38-22         (2) A violation of a building, safety or health code or

38-23   regulation.

38-24      (n) The amount to be charged each month to the tenant to

38-25   reimburse the landlord for the cost of a capital improvement

38-26   to the [mobile] manufactured home park. Such an amount

38-27   must be stated separately and include the length of time the

38-28   charge will be collected and the total amount to be recovered

38-29   by the landlord from all tenants in the [mobile]

38-30   manufactured home park.

38-31     Sec. 26. Section 5 of chapter 268, Statutes of Nevada 2001, at

38-32   page 1220, is hereby amended to read as follows:

38-33      Sec. 5.  NRS 62.172 is hereby amended to read as

38-34   follows:

38-35      62.172  1.  If a peace officer or probation officer has

38-36   probable cause to believe that a child is committing or has

38-37   committed an offense that involves the possession, use or

38-38   threatened use of a firearm, the officer shall take the child

38-39   into custody.

38-40     2.  If a child is taken into custody for an offense

38-41   described in subsection 1, the child must not be released

38-42   before a detention hearing is held pursuant to subsection [8]

38-43   9 of NRS 62.170.

38-44     3.  At a detention hearing held pursuant to subsection [8]

38-45   9 of NRS 62.170 concerning a child who was taken into

38-46   custody for an offense described in subsection 1, the judge or

39-1  master shall determine whether to order the child to be

39-2  evaluated by a qualified professional. If the judge or master

39-3   orders a child to be evaluated by a qualified professional, the

39-4   evaluation must be completed within 14 days after the

39-5   detention hearing. Until the evaluation is completed, the

39-6   child must be:

39-7      (a) Detained at a facility for the detention of juveniles; or

39-8      (b) Placed under a program of supervision in his home

39-9   that may include electronic surveillance of the child.

39-10     4.  If a child is evaluated by a qualified professional

39-11   pursuant to subsection 3, the statements made by the child to

39-12   the qualified professional during the evaluation and any

39-13   evidence directly or indirectly derived from those statements

39-14   may not be used for any purpose in a proceeding which is

39-15   conducted to prove that the child committed a delinquent act

39-16   or criminal offense. The provisions of this subsection do not

39-17   prohibit the district attorney from proving that the child

39-18   committed a delinquent act or criminal offense based upon

39-19   evidence obtained from sources or by means that are

39-20   independent of the statements made by the child to the

39-21   qualified professional during the evaluation conducted

39-22   pursuant to subsection 3.

39-23     5.  As used in this section:

39-24      (a) “Firearm” has the meaning ascribed to it in

39-25  NRS 202.253.

39-26      (b) “Qualified professional” means:

39-27         (1) A psychiatrist licensed to practice medicine in this

39-28   state and certified by the American Board of Psychiatry and

39-29   Neurology, Inc.;

39-30         (2) A psychologist licensed to practice in this state;

39-31         (3) A social worker holding a master’s degree in social

39-32   work and licensed in this state as a clinical social worker;

39-33         (4) A registered nurse holding a master’s degree in the

39-34   field of psychiatric nursing and licensed to practice

39-35   professional nursing in this state; or

39-36         (5) A marriage and family therapist licensed in this

39-37   state pursuant to chapter 641A of NRS.

39-38     Sec. 27. Section 2 of chapter 273, Statutes of Nevada 2001, at

39-39   page 1239, is hereby amended to read as follows:

39-40      Sec. 2.  NRS 365.545 is hereby amended to read as

39-41   follows:

39-42      365.545  1.  The proceeds of all taxes on fuel for jet or

39-43   turbine-powered aircraft imposed pursuant to the provisions

39-44   of NRS 365.170 or 365.203 must be deposited in the account

39-45   for taxes on fuel for jet or turbine-powered aircraft in the

39-46   state general fund and must be allocated monthly by the

40-1  department to the governmental entity which owns the airport

40-2  at which the tax was collected, or if the airport is privately

40-3   owned, to the county in which the airport is located.

40-4      2.  The money so received must be used by the

40-5   governmental entity receiving it to pay the cost of:

40-6      (a) Transportation projects related to airports, including

40-7   access on the ground to airports;

40-8      (b) Payment of principal and interest on notes, bonds or

40-9   other obligations incurred to fund projects described in

40-10   paragraph (a);

40-11      (c) Promoting the use of an airport, including, without

40-12   limitation, increasing the number and availability of flights at

40-13   the airport; [or]

40-14      (d) Contributing money to the trust fund for aviation

40-15   created by section 1 of this act; or

40-16      (e) Any combination of those purposes.

40-17     3.  Money so received may also be pledged for the

40-18   payment of general or special obligations issued to fund

40-19   projects described in paragraph (a) of subsection 2.

40-20     4.  Any money pledged pursuant to the provisions of

40-21   subsection 3 may be treated as pledged revenues of the

40-22   project for the purposes of subsection 3 of NRS 350.020.

40-23     Sec. 28. Section 21 of chapter 275, Statutes of Nevada 2001,

40-24   at page 1251, is hereby amended to read as follows:

40-25      Sec. 21.  NRS 523.164 is hereby amended to read as

40-26   follows:

40-27      523.164  1.  The director shall adopt regulations for the

40-28   conservation of energy in buildings, including manufactured

40-29   homes, which establish the minimum standards for:

40-30      (a) The construction of floors, walls, ceilings and roofs;

40-31      (b) The equipment and systems for heating, ventilation

40-32   and air-conditioning;

40-33      (c) Electrical equipment and systems;

40-34      (d) Insulation; and

40-35      (e) Other factors which affect the use of energy in a

40-36   building.

40-37     2.  The director may exempt a building from a standard if

40-38   he determines that application of the standard to the building

40-39   would not accomplish the purpose of the regulations.

40-40     3.  The regulations must authorize allowances in design

40-41   and construction for sources of renewable energy used to

40-42   supply all or a part of the energy required in a building.

40-43     4.  The standards adopted by the director are the

40-44   minimum standards for the conservation of energy which

40-45   apply only to areas in which the governing body of the local

40-46   government has not adopted standards for the conservation

40-47   of

41-1  energy in buildings. Such governing bodies shall assist the

41-2  director in the enforcement of the regulations adopted

41-3   pursuant to this section.

41-4      5.  The director shall solicit comments regarding the

41-5   adoption of regulations pursuant to this section from:

41-6      (a) Persons in the business of constructing and selling

41-7   homes;

41-8      (b) Contractors;

41-9      (c) Public utilities;

41-10      (d) Local building [inspectors;] officials; and

41-11      (e) The general public,

41-12  before adopting any regulations. The director must conduct at

41-13   least three hearings in different locations in the state, after

41-14   giving 30 days’ notice of each hearing, before he may adopt

41-15   any regulations pursuant to this section.

41-16     Sec. 29. Sections 4 and 6 of chapter 279, Statutes of Nevada

41-17   2001, at pages 1272 and 1274, respectively, are hereby amended to

41-18   read respectively as follows:

41-19      Sec. 4.  NRS 338.1727 is hereby amended to read as

41-20   follows:

41-21      338.1727  1.  After selecting the finalists pursuant to

41-22   NRS 338.1725, the public body shall provide to each finalist

41-23   a request for final proposals for the public work. The request

41-24   for final proposals must:

41-25      (a) Set forth the factors that the public body will use to

41-26   select a design-build team to design and construct the public

41-27   work, including the relative weight to be assigned to each

41-28   factor; and

41-29      (b) Set forth the date by which final proposals must be

41-30   submitted to the public body.

41-31     2.  Except as otherwise provided in this subsection, in

41-32   assigning the relative weight to each factor for selecting a

41-33   design-build team pursuant to subsection 1, the public body

41-34   shall assign, without limitation, a relative weight of 5 percent

41-35   to the possession of a certificate of eligibility to receive a

41-36   preference in bidding on public works and a relative weight

41-37   of at least 30 percent to the proposed cost of design and

41-38   construction of the public work. If any federal statute or

41-39   regulation precludes the granting of federal assistance or

41-40   reduces the amount of that assistance for a particular public

41-41   work because of the provisions of this subsection relating to

41-42   preference in bidding on public works, those provisions of

41-43   this subsection do not apply insofar as their application

41-44   would preclude or reduce federal assistance for that public

41-45   work.

41-46     3.  A final proposal submitted by a design-build team

41-47   pursuant to this section must be prepared thoroughly, be

42-1  responsive to the criteria that the public body will use to

42-2  select a design-build team to design and construct the public

42-3   work described in subsection 1 and comply with the

42-4   provisions of NRS 338.141.

42-5      4.  After receiving the final proposals for the public

42-6   work, the public body shall:

42-7      (a) Select the most cost-effective and responsive final

42-8   proposal, using the criteria set forth pursuant to subsections 1

42-9   and 2; or

42-10      (b) Reject all the final proposals.

42-11     5.  If a public body selects a final proposal pursuant to

42-12   paragraph (a) of subsection 4, the public body shall, at its

42-13   next regularly scheduled meeting:

42-14      (a) Review and ratify the selection.

42-15      (b) Award the design-build contract to the design-build

42-16   team whose proposal is selected.

42-17      (c) Partially reimburse the unsuccessful finalists if partial

42-18   reimbursement was provided for in the request for

42-19   preliminary proposals pursuant to paragraph (f) of subsection

42-20   3 of NRS 338.1723. The amount of reimbursement must not

42-21   exceed, for each unsuccessful finalist, 3 percent of the total

42-22   amount to be paid to the design-build team as set forth in the

42-23   design-build contract.

42-24      (d) Make available to the public a summary setting forth

42-25   the factors used by the public body to select the successful

42-26   design-build team and the ranking of the design-build teams

42-27   who submitted final proposals. The public body shall not

42-28   release to a third party, or otherwise make public, financial

42-29   or proprietary information submitted by a design-build team.

42-30     6.  A contract awarded pursuant to this section : [must

42-31   specify:]

42-32      (a) Must specify:

42-33         (1) An amount that is the maximum amount that the

42-34   public body will pay for the performance of all the work

42-35   required by the contract, excluding any amount related to

42-36   costs that may be incurred as a result of unexpected

42-37   conditions or occurrences as authorized by the contract;

42-38      [(b)] (2) An amount that is the maximum amount that the

42-39   public body will pay for the performance of the professional

42-40   services required by the contract; and

42-41      [(c)] (3) A date by which performance of the work

42-42   required by the contract must be completed.

42-43      (b) May set forth the terms by which the design-build

42-44   team agrees to name the public body, at the cost of the

42-45   public body, as an additional insured in an insurance

42-46   policy held by the design-build team.

43-1      (c) Except as otherwise provided in paragraph (d), must

43-2  not require the design professional to defend, indemnify or

43-3   hold harmless the public body or the employees, officers or

43-4   agents of that public body from any liability, damage, loss,

43-5   claim, action or proceeding caused by the negligence,

43-6   errors, omissions, recklessness or intentional misconduct of

43-7   the employees, officers and agents of the public body.

43-8      (d) May require the design-build team to defend,

43-9   indemnify and hold harmless the public body, and the

43-10   employees, officers and agents of the public body from any

43-11   liabilities, damages, losses, claims, actions or proceedings,

43-12   including, without limitation, reasonable attorneys’ fees,

43-13   that are caused by the negligence, errors, omissions,

43-14   recklessness or intentional misconduct of the design-build

43-15   team or the employees or agents of the design-build team in

43-16   the performance of the contract.

43-17     7.  Any provision of a contract that is in violation of

43-18   paragraph (c) of subsection 6 is declared to be contrary to

43-19   the public policy of this state and is void.

43-20     8.  A design-build team to whom a contract is awarded

43-21   pursuant to this section shall:

43-22      (a) Assume overall responsibility for ensuring that the

43-23   design and construction of the public work is completed in a

43-24   satisfactory manner; and

43-25      (b) Use the work force of the prime contractor on the

43-26   design-build team to construct at least 15 percent of the

43-27   public work.

43-28      Sec. 6.  [1.] This section and sections 1, 2, 4 and 5 of

43-29   this act become effective on October 1, 2001.

43-30      [2.  Section 4 of this act expires by limitation on

43-31  October 1, 2003.]

43-32     Sec. 30. 1.  Sections 11, 37, 39, 40, 41, 42 and 44 of chapter

43-33   280, Statutes of Nevada 2001, at pages 1275, 1283, 1285, 1286 and

43-34   1287, are hereby amended to read respectively as follows:

43-35      Sec. 11.  1.  Except as otherwise provided in

43-36   subsections 2 and 3, a party to an agreement to arbitrate or

43-37   to an arbitral proceeding may waive, or the parties may

43-38   vary the effect of, the requirements of sections 2 to 37,

43-39   inclusive, of this act to the extent permitted by law.

43-40     2.  Before a controversy arises that is subject to an

43-41   agreement to arbitrate, a party to the agreement may not:

43-42      (a) Waive or agree to vary the effect of the requirements

43-43   of subsection 1 of section 12, subsection 1 of section 13,

43-44   section 15, subsection 1 or 2 of section 24, section 33 or 35

43-45   of this act;

44-1      (b) Agree to unreasonably restrict the right under

44-2  section 16 of this act to notice of the initiation of an arbitral

44-3   proceeding;

44-4      (c) Agree to unreasonably restrict the right under

44-5   section 19 of this act to disclosure of any facts by a neutral

44-6   arbitrator; or

44-7      (d) Waive the right under section 23 of this act of a party

44-8   to an agreement to arbitrate to be represented by a lawyer

44-9   at any proceeding or hearing under sections 2 to 37,

44-10   inclusive, of this act, but an employer and a labor

44-11   organization may waive the right to representation by a

44-12   lawyer in a labor arbitration.

44-13     3.  A party to an agreement to arbitrate or arbitral

44-14   proceeding may not waive, or the parties may not vary the

44-15   effect of, the requirements of this section, NRS 38.330 or

44-16   subsection 1 or 3 of section 10, section 14, 21, 25,

44-17   subsection 3 or 4 of section 27, section 29, 30, 31,

44-18   subsection 1 or 2 of section 32, section 36, 37 or 38 of this

44-19   act.

44-20      Sec. 37.  (Deleted by amendment.)

44-21      Sec. 39.  NRS 38.330 is hereby amended to read as

44-22   follows:

44-23      38.330  1.  If all parties named in a written claim filed

44-24   pursuant to NRS 38.320 agree to have the claim submitted

44-25   for mediation, the parties shall reduce the agreement to

44-26   writing and shall select a mediator from the list of mediators

44-27   maintained by the division pursuant to NRS 38.340. Any

44-28   mediator selected must be available within the geographic

44-29   area. If the parties fail to agree upon a mediator, the division

44-30   shall appoint a mediator from the list of mediators

44-31   maintained by the division. Any mediator appointed must be

44-32   available within the geographic area. Unless otherwise

44-33   provided by an agreement of the parties, mediation must be

44-34   completed within 60 days after the parties agree to

44-35   mediation. Any agreement obtained through mediation

44-36   conducted pursuant to this section must, within 20 days after

44-37   the conclusion of mediation, be reduced to writing by the

44-38   mediator and a copy thereof provided to each party. The

44-39   agreement may be enforced as any other written agreement.

44-40   Except as otherwise provided in this section, the parties are

44-41   responsible for all costs of mediation conducted pursuant to

44-42   this section.

44-43     2.  If all the parties named in the claim do not agree to

44-44   mediation, the parties shall select an arbitrator from the list

44-45   of arbitrators maintained by the division pursuant to NRS

44-46   38.340. Any arbitrator selected must be available within the

44-47   geographic area. If the parties fail to agree upon an arbitrator,

45-1  the division shall appoint an arbitrator from the list

45-2  maintained by the division. Any arbitrator appointed must be

45-3   available within the geographic area. Upon appointing an

45-4   arbitrator, the division shall provide the name of the

45-5   arbitrator to each party.

45-6      3.  The division may provide for the payment of the fees

45-7   for a mediator or an arbitrator selected or appointed pursuant

45-8   to this section from the account for the ombudsman for

45-9   owners in common-interest communities created pursuant to

45-10   NRS 116.1117, to the extent that money is available in the

45-11   account for this purpose.

45-12     4.  Except as otherwise provided in this section and

45-13   except where inconsistent with the provisions of NRS 38.300

45-14   to 38.360, inclusive, the arbitration of a claim pursuant to

45-15   this section must be conducted in accordance with the

45-16   provisions of NRS 38.075 to 38.105, inclusive, 38.115,

45-17   38.125, 38.135, 38.155 and 38.165[.] or sections 22, 23, 24,

45-18   26 to 29, inclusive, 31 and 32 of this act, as determined

45-19   pursuant to section 10 of this act. At any time during the

45-20   arbitration of a claim relating to the interpretation,

45-21   application or enforcement of any covenants, conditions or

45-22   restrictions applicable to residential property or any bylaws,

45-23   rules or regulations adopted by an association, the arbitrator

45-24   may issue an order prohibiting the action upon which the

45-25   claim is based. An award must be made within 30 days after

45-26   the conclusion of arbitration, unless a shorter period is

45-27   agreed upon by the parties to the arbitration.

45-28     5.  If all the parties have agreed to nonbinding

45-29   arbitration, any party to the arbitration may, within 30 days

45-30   after a decision and award have been served upon the parties,

45-31   commence a civil action in the proper court concerning the

45-32   claim which was submitted for arbitration. Any complaint

45-33   filed in such an action must contain a sworn statement

45-34   indicating that the issues addressed in the complaint have

45-35   been arbitrated pursuant to the provisions of NRS 38.300 to

45-36   38.360, inclusive. If such an action is not commenced within

45-37   that period, any party to the arbitration may, within 1 year

45-38   after the service of the award, apply to the proper court for a

45-39   confirmation of the award pursuant to NRS 38.135[.] or

45-40   section 29 of this act, as determined pursuant to section 10

45-41   of this act.

45-42     6.  If all the parties agree in writing to binding

45-43   arbitration, the arbitration must be conducted in accordance

45-44   with the provisions of chapter 38 of NRS. An award

45-45   procured pursuant to such arbitration may be vacated and a

45-46   rehearing granted upon application of a party pursuant to the

45-47   provisions

46-1  of NRS 38.145[.] or section 30 of this act, as determined

46-2  pursuant to section 10 of this act.

46-3      7.  If, after the conclusion of arbitration, a party:

46-4      (a) Applies to have an award vacated and a rehearing

46-5   granted pursuant to NRS 38.145[;] or section 30 of this act,

46-6   as determined pursuant to section 10 of this act; or

46-7      (b) Commences a civil action based upon any claim

46-8   which was the subject of arbitration,

46-9  the party shall, if he fails to obtain a more favorable award or

46-10   judgment than that which was obtained in the initial

46-11   arbitration, pay all costs and reasonable attorney’s fees

46-12   incurred by the opposing party after the application for a

46-13   rehearing was made or after the complaint in the civil action

46-14   was filed.

46-15     8.  Upon request by a party, the division shall provide a

46-16   statement to the party indicating the amount of the fees for a

46-17   mediator or an arbitrator selected or appointed pursuant to

46-18   this section.

46-19     9.  As used in this section, “geographic area” means an

46-20   area within 150 miles from any residential property or

46-21   association which is the subject of a written claim submitted

46-22   pursuant to NRS 38.320.

46-23      Sec. 40.  NRS 280.190 is hereby amended to read as

46-24   follows:

46-25      280.190  The committee shall:

46-26     1.  Direct the department to prepare and shall approve an

46-27   annual operating budget for the department.

46-28     2.  Submit the budget to the governing bodies of the

46-29   participating political subdivisions before April 1 for funding

46-30   for the following fiscal year.

46-31     3.  Direct the department to prepare and shall adopt the

46-32   funding apportionment plan provided for in NRS 280.201

46-33   and submit the plan before February 1 to the governing

46-34   bodies of the participating political subdivisions for

46-35   approval. The governing bodies shall approve or reject the

46-36   plan before March 1.

46-37     4.  If any of the governing bodies fails to approve the

46-38   apportionment plan, the plan or any disputed element thereof

46-39   must be submitted to an arbitration panel for resolution. The

46-40   governing body of each participating political subdivision

46-41   shall name one arbitrator to the panel, who must reside

46-42   within this state. If this results in an even number of

46-43   arbitrators, the arbitrators so named shall, by majority vote,

46-44   select an additional arbitrator, who must reside within this

46-45   state and who shall serve as chairman of the panel. The

46-46   department shall provide such advice and technical and

46-47   clerical assistance

47-1  as is requested by the panel. The panel must make its decision

47-2  and submit it to the participating political subdivisions before

47-3   April 1. When submitted, the decision is final and binding

47-4   upon the participating political subdivisions. Except as

47-5   otherwise provided in this section, the provisions of the

47-6   Uniform Arbitration Act contained in NRS 38.015 to 38.205,

47-7   inclusive, or sections 2 to 37, inclusive, of this act, as

47-8   determined pursuant to section 10 of this act, apply.

47-9      Sec. 41.  NRS 391.3194 is hereby amended to read as

47-10   follows:

47-11      391.3194  1.  Within 5 days after the superintendent

47-12   receives the report of the hearing officer he shall either

47-13   withdraw the recommendation to demote, dismiss or not

47-14   reemploy the licensed employee or file his recommendation

47-15   with the board.

47-16     2.  Within 15 days after the receipt of the

47-17   recommendation of the superintendent, the board shall either

47-18   accept or reject the hearing officer’s recommendation and

47-19   notify the licensed employee in writing of its decision.

47-20     3.  The board may, before making a decision, refer the

47-21   report back to the hearing officer for further evidence and

47-22   recommendations. Within 15 days after the report is referred

47-23   to him, the hearing officer shall complete the report and file

47-24   it with the board and mail a copy to the superintendent and

47-25   licensed employee.

47-26     4.  The licensed employee may appeal the decision to a

47-27   district court within the time limits and in the manner

47-28   provided by law for appeals of administrative decisions of

47-29   state agencies. If the report of the hearing officer is final and

47-30   binding, the employee or the board may request judicial

47-31   review of the report [pursuant to] in the manner provided in

47-32   NRS 38.145 or 38.155[.] or sections 30 and 31 of this act,

47-33   as determined pursuant to section 10 of this act.

47-34      Sec. 42.  NRS 487.563 is hereby amended to read as

47-35   follows:

47-36      487.563  1.  Each person who submits an application for

47-37   registration pursuant to the provisions of NRS 487.560 must

47-38   include in the application a written statement to the

47-39   department that specifies whether he agrees to submit to

47-40   binding arbitration any claims against him arising out of a

47-41   contract for repairs made by him to a motor vehicle. If the

47-42   person fails to submit the statement to the department or

47-43   specifies in the statement that he does not agree to arbitrate

47-44   those claims, the person shall file with the department a bond

47-45   in the amount of $5,000, with a corporate surety for the bond

47-46   that is licensed to do business in this state. The form of the

48-1  bond must be approved by the attorney general and be

48-2  conditioned upon whether the applicant conducts his business

48-3   as an owner or operator of a garage without fraud or

48-4   fraudulent representation and in compliance with the

48-5   provisions of NRS 487.035, 487.530 to 487.570, inclusive,

48-6   and 597.480 to 597.590, inclusive.

48-7      2.  The bond must be continuous in form and the total

48-8   aggregate liability on the bond must be limited to the

48-9   payment of the total amount of the bond.

48-10     3.  In lieu of a bond required to be filed pursuant to the

48-11   provisions of subsection 1, a person may deposit with

48-12  the department, pursuant to the terms prescribed by the

48-13   department:

48-14      (a) A like amount of money or bonds of the United States

48-15   or of the State of Nevada of an actual market value of not

48-16   less than the amount fixed by the department; or

48-17      (b) A savings certificate of a bank or savings and loan

48-18   association located in this state, which must indicate an

48-19   account of an amount equal to the amount of the bond that

48-20   would otherwise be required pursuant to this section and that

48-21   the amount is unavailable for withdrawal except upon order

48-22   of the department. Interest earned on the certificate accrues

48-23   to the account of the applicant.

48-24     4.  If a claim is arbitrated pursuant to the provisions of

48-25   this section, the proceedings for arbitration must be

48-26   conducted in accordance with the provisions of NRS 38.015

48-27   to 38.205, inclusive[.] , or sections 2 to 37, inclusive, of this

48-28   act, as determined pursuant to section 10 of this act.

48-29     5.  If a person:

48-30      (a) Submits the statement to the department specifying

48-31   that he agrees to arbitrate a claim pursuant to the provisions

48-32   of subsection 1; and

48-33      (b) Fails to submit to binding arbitration any claim

48-34   specified in that subsection,

48-35  the person asserting the claim may notify the department of

48-36   that fact. Upon receipt of the notice, the department shall,

48-37   after notice and hearing, revoke or refuse to renew the

48-38   certificate of registration of the person who failed to submit

48-39   the claim to arbitration.

48-40     6.  If a person fails to comply with an order of a court

48-41   that relates to the repair of a motor vehicle, the department

48-42   shall, after notice and hearing, revoke or refuse to renew the

48-43   certificate of registration of the person who failed to comply

48-44   with the order.

48-45     7.  The department may reinstate or renew a certificate of

48-46   registration that is:

49-1      (a) Revoked pursuant to the provisions of subsection 5 if

49-2  the person whose certificate of registration is revoked:

49-3          (1) Submits the claim to arbitration pursuant to the

49-4   provisions of subsection 4 and notifies the department of that

49-5   fact; or

49-6          (2) Files a bond or makes a deposit with the

49-7   department pursuant to the provisions of this section.

49-8      (b) Revoked pursuant to the provisions of subsection 6 if

49-9   the person whose certificate of registration is revoked

49-10   complies with the order of the court.

49-11      Sec. 44.  1.  This section and sections 1 to [38,

49-12   inclusive,] 39, inclusive, 40, 41 and 43.5 of this act become

49-13   effective on October 1, 2001.

49-14     2.  Section 42 of this act becomes effective at 12:01 a.m.

49-15   on October 1, 2001.

49-16     3.  Sections [39 to 43, inclusive,] 39.5, 40.5, 41.5, 42.3,

49-17   42.7 and 43 of this act become effective on October 1, 2003.

49-18      [3.] 4.  Section 38 of this act expires by limitation on

49-19   [October 1,] September 30, 2003.

49-20     2.  Chapter 280, Statutes of Nevada 2001, at page 1285, is

49-21   hereby amended by adding thereto a new section to be designated

49-22   as section 39.5, immediately following section 39, to read as

49-23   follows:

49-24      Sec. 39.5.  NRS 38.330 is hereby amended to read as

49-25   follows:

49-26      38.330  1.  If all parties named in a written claim filed

49-27   pursuant to NRS 38.320 agree to have the claim submitted

49-28   for mediation, the parties shall reduce the agreement to

49-29   writing and shall select a mediator from the list of mediators

49-30   maintained by the division pursuant to NRS 38.340. Any

49-31   mediator selected must be available within the geographic

49-32   area. If the parties fail to agree upon a mediator, the division

49-33   shall appoint a mediator from the list of mediators

49-34   maintained by the division. Any mediator appointed must be

49-35   available within the geographic area. Unless otherwise

49-36   provided by an agreement of the parties, mediation must be

49-37   completed within 60 days after the parties agree to

49-38   mediation. Any agreement obtained through mediation

49-39   conducted pursuant to this section must, within 20 days after

49-40   the conclusion of mediation, be reduced to writing by the

49-41   mediator and a copy thereof provided to each party. The

49-42   agreement may be enforced as any other written agreement.

49-43   Except as otherwise provided in this section, the parties are

49-44   responsible for all costs of mediation conducted pursuant to

49-45   this section.

49-46     2.  If all the parties named in the claim do not agree to

49-47   mediation, the parties shall select an arbitrator from the list

49-48   of arbitrators maintained by the division pursuant to NRS

50-1  38.340. Any arbitrator selected must be available within the

50-2  geographic area. If the parties fail to agree upon an arbitrator,

50-3   the division shall appoint an arbitrator from the list

50-4   maintained by the division. Any arbitrator appointed must be

50-5   available within the geographic area. Upon appointing an

50-6   arbitrator, the division shall provide the name of the

50-7   arbitrator to each party.

50-8      3.  The division may provide for the payment of the fees

50-9   for a mediator or an arbitrator selected or appointed pursuant

50-10   to this section from the account for the ombudsman for

50-11   owners in common-interest communities created pursuant to

50-12   NRS 116.1117, to the extent that money is available in the

50-13   account for this purpose.

50-14     4.  Except as otherwise provided in this section and

50-15   except where inconsistent with the provisions of NRS 38.300

50-16   to 38.360, inclusive, the arbitration of a claim pursuant to

50-17   this section must be conducted in accordance with the

50-18   provisions of [NRS 38.075 to 38.105, inclusive, 38.115,

50-19   38.125, 38.135, 38.155 and 38.165 or] sections 22, 23, 24, 26

50-20   to 29, inclusive, 31 and 32 [of this act, as determined

50-21   pursuant to section 10] of this act. At any time during the

50-22   arbitration of a claim relating to the interpretation,

50-23   application or enforcement of any covenants, conditions or

50-24   restrictions applicable to residential property or any bylaws,

50-25   rules or regulations adopted by an association, the arbitrator

50-26   may issue an order prohibiting the action upon which the

50-27   claim is based. An award must be made within 30 days after

50-28   the conclusion of arbitration, unless a shorter period is

50-29   agreed upon by the parties to the arbitration.

50-30     5.  If all the parties have agreed to nonbinding

50-31   arbitration, any party to the arbitration may, within 30 days

50-32   after a decision and award have been served upon the parties,

50-33   commence a civil action in the proper court concerning the

50-34   claim which was submitted for arbitration. Any complaint

50-35   filed in such an action must contain a sworn statement

50-36   indicating that the issues addressed in the complaint have

50-37   been arbitrated pursuant to the provisions of NRS 38.300 to

50-38   38.360, inclusive. If such an action is not commenced within

50-39   that period, any party to the arbitration may, within 1 year

50-40   after the service of the award, apply to the proper court for a

50-41   confirmation of the award pursuant to [NRS 38.135 or]

50-42   section 29 [of this act, as determined pursuant to section 10]

50-43   of this act.

50-44     6.  If all the parties agree in writing to binding

50-45   arbitration, the arbitration must be conducted in accordance

50-46   with the provisions of chapter 38 of NRS. An award

50-47   procured

51-1  pursuant to such arbitration may be vacated and a rehearing

51-2  granted upon application of a party pursuant to the provisions

51-3   of [NRS 38.145 or] section 30 [of this act, as determined

51-4   pursuant to section 10] of this act.

51-5      7.  If, after the conclusion of arbitration, a party:

51-6      (a) Applies to have an award vacated and a rehearing

51-7   granted pursuant to [NRS 38.145 or] section 30 [of this act,

51-8   as determined pursuant to section 10] of this act; or

51-9      (b) Commences a civil action based upon any claim

51-10   which was the subject of arbitration,

51-11  the party shall, if he fails to obtain a more favorable award or

51-12   judgment than that which was obtained in the initial

51-13   arbitration, pay all costs and reasonable attorney’s fees

51-14   incurred by the opposing party after the application for a

51-15   rehearing was made or after the complaint in the civil action

51-16   was filed.

51-17     8.  Upon request by a party, the division shall provide a

51-18   statement to the party indicating the amount of the fees for a

51-19   mediator or an arbitrator selected or appointed pursuant to

51-20   this section.

51-21     9.  As used in this section, “geographic area” means an

51-22   area within 150 miles from any residential property or

51-23   association which is the subject of a written claim submitted

51-24   pursuant to NRS 38.320.

51-25     3.  Chapter 280, Statutes of Nevada 2001, at page 1285, is

51-26   hereby amended by adding thereto a new section to be designated

51-27   as section 40.5, immediately following section 40, to read as

51-28   follows:

51-29      Sec. 40.5.  NRS 280.190 is hereby amended to read as

51-30   follows:

51-31      280.190  The committee shall:

51-32     1.  Direct the department to prepare and shall approve an

51-33   annual operating budget for the department.

51-34     2.  Submit the budget to the governing bodies of the

51-35   participating political subdivisions before April 1 for funding

51-36   for the following fiscal year.

51-37     3.  Direct the department to prepare and shall adopt the

51-38   funding apportionment plan provided for in NRS 280.201

51-39   and submit the plan before February 1 to the governing

51-40   bodies of the participating political subdivisions for

51-41   approval. The governing bodies shall approve or reject the

51-42   plan before March 1.

51-43     4.  If any of the governing bodies fails to approve the

51-44   apportionment plan, the plan or any disputed element thereof

51-45   must be submitted to an arbitration panel for resolution. The

51-46   governing body of each participating political subdivision

51-47   shall name one arbitrator to the panel, who must reside

51-48   within

52-1  this state. If this results in an even number of arbitrators, the

52-2  arbitrators so named shall, by majority vote, select an

52-3   additional arbitrator, who must reside within this state and

52-4   who shall serve as chairman of the panel. The department

52-5   shall provide such advice and technical and clerical

52-6   assistance as is requested by the panel. The panel must make

52-7   its decision and submit it to the participating political

52-8   subdivisions before April 1. When submitted, the decision is

52-9   final and binding upon the participating political

52-10   subdivisions. Except as otherwise provided in this section,

52-11   the provisions of [the Uniform Arbitration Act contained in

52-12   NRS 38.015 to 38.205, inclusive, or] sections 2 to 37,

52-13   inclusive, of this act[, as determined pursuant to section 10

52-14   of this act,] apply.

52-15     4.  Chapter 280, Statutes of Nevada 2001, at page 1285, is

52-16   hereby amended by adding thereto a new section to be designated

52-17   as section 41.5, immediately following section 41, to read as

52-18   follows:

52-19      Sec. 41.5.  NRS 391.3194 is hereby amended to read as

52-20   follows:

52-21      391.3194  1.  Within 5 days after the superintendent

52-22   receives the report of the hearing officer he shall either

52-23   withdraw the recommendation to demote, dismiss or not

52-24   reemploy the licensed employee or file his recommendation

52-25   with the board.

52-26     2.  Within 15 days after the receipt of the

52-27   recommendation of the superintendent, the board shall either

52-28   accept or reject the hearing officer’s recommendation and

52-29   notify the licensed employee in writing of its decision.

52-30     3.  The board may, before making a decision, refer the

52-31   report back to the hearing officer for further evidence and

52-32   recommendations. Within 15 days after the report is referred

52-33   to him, the hearing officer shall complete the report and file

52-34   it with the board and mail a copy to the superintendent and

52-35   licensed employee.

52-36     4.  The licensed employee may appeal the decision to a

52-37   district court within the time limits and in the manner

52-38   provided by law for appeals of administrative decisions of

52-39   state agencies. If the report of the hearing officer is final and

52-40   binding, the employee or the board may request judicial

52-41   review of the report in the manner provided in [NRS 38.145

52-42   or 38.155 or] sections 30 and 31 of [this act, as determined

52-43   pursuant to section 10 of] this act.

 

 

 

 

53-1      5.  Chapter 280, Statutes of Nevada 2001, at page 1286, is

53-2  hereby amended by adding thereto new sections to be designated as

53-3   sections 42.3 and 42.7, immediately following section 42, to read as

53-4   follows:

53-5      Sec. 42.3.  NRS 487.563 is hereby amended to read as

53-6   follows:

53-7      487.563  1.  Each person who submits an application for

53-8   registration pursuant to the provisions of NRS 487.560 must

53-9   include in the application a written statement to the

53-10   department that specifies whether he agrees to submit to

53-11   binding arbitration any claims against him arising out of a

53-12   contract for repairs made by him to a motor vehicle. If the

53-13   person fails to submit the statement to the department or

53-14   specifies in the statement that he does not agree to arbitrate

53-15   those claims, the person shall file with the department a bond

53-16   in the amount of $5,000, with a corporate surety for the bond

53-17   that is licensed to do business in this state. The form of the

53-18   bond must be approved by the attorney general and be

53-19   conditioned upon whether the applicant conducts his

53-20   business as an owner or operator of a garage without fraud or

53-21   fraudulent representation and in compliance with the

53-22   provisions of NRS 487.035, 487.530 to 487.570, inclusive,

53-23   and 597.480 to 597.590, inclusive.

53-24     2.  The bond must be continuous in form and the total

53-25   aggregate liability on the bond must be limited to the

53-26   payment of the total amount of the bond.

53-27     3.  In lieu of a bond required to be filed pursuant to

53-28  the provisions of subsection 1, a person may deposit with the

53-29   department, pursuant to the terms prescribed by the

53-30   department:

53-31      (a) A like amount of money or bonds of the United States

53-32   or of the State of Nevada of an actual market value of not

53-33   less than the amount fixed by the department; or

53-34      (b) A savings certificate of a bank or savings and loan

53-35   association located in this state, which must indicate an

53-36   account of an amount equal to the amount of the bond that

53-37   would otherwise be required pursuant to this section and that

53-38   the amount is unavailable for withdrawal except upon order

53-39   of the department. Interest earned on the certificate accrues

53-40   to the account of the applicant.

53-41     4.  If a claim is arbitrated pursuant to the provisions of

53-42   this section, the proceedings for arbitration must be

53-43   conducted in accordance with the provisions of [NRS 38.015

53-44   to 38.205, inclusive, or] sections 2 to 37, inclusive, [of this

53-45   act, as determined pursuant to section 10] of this act.

53-46     5.  If a person:

54-1      (a) Submits the statement to the department specifying

54-2  that he agrees to arbitrate a claim pursuant to the provisions

54-3   of subsection 1; and

54-4      (b) Fails to submit to binding arbitration any claim

54-5   specified in that subsection,

54-6  the person asserting the claim may notify the department of

54-7   that fact. Upon receipt of the notice, the department shall,

54-8   after notice and hearing, revoke or refuse to renew the

54-9   certificate of registration of the person who failed to submit

54-10   the claim to arbitration.

54-11     6.  If a person fails to comply with an order of a court

54-12   that relates to the repair of a motor vehicle, the department

54-13   shall, after notice and hearing, revoke or refuse to renew the

54-14   certificate of registration of the person who failed to comply

54-15   with the order.

54-16     7.  The department may reinstate or renew a certificate of

54-17   registration that is:

54-18      (a) Revoked pursuant to the provisions of subsection 5 if

54-19   the person whose certificate of registration is revoked:

54-20         (1) Submits the claim to arbitration pursuant to the

54-21   provisions of subsection 4 and notifies the department of that

54-22   fact; or

54-23         (2) Files a bond or makes a deposit with the

54-24   department pursuant to the provisions of this section.

54-25      (b) Revoked pursuant to the provisions of subsection 6 if

54-26   the person whose certificate of registration is revoked

54-27   complies with the order of the court.

54-28      Sec. 42.7.  Section 11 of this act is hereby amended to

54-29   read as follows:

54-30      Sec. 11.  1.  Except as otherwise provided in

54-31   subsections 2 and 3, a party to an agreement to arbitrate

54-32   or to an arbitral proceeding may waive, or the parties may

54-33   vary the effect of, the requirements of sections 2 to 37,

54-34   inclusive, of this act to the extent permitted by law.

54-35      2.  Before a controversy arises that is subject to an

54-36   agreement to arbitrate, a party to the agreement may not:

54-37      (a) Waive or agree to vary the effect of the

54-38   requirements of subsection 1 of section 12, subsection 1

54-39   of section 13, section 15, subsection 1 or 2 of section 24,

54-40   section 33, or section 35 of this act;

54-41      (b) Agree to unreasonably restrict the right under

54-42   section 16 of this act to notice of the initiation of an

54-43   arbitral proceeding;

54-44      (c) Agree to unreasonably restrict the right under

54-45   section 19 of this act to disclosure of any facts by a

54-46   neutral arbitrator; or

55-1      (d) Waive the right under section 23 of this act of a

55-2  party to an agreement to arbitrate to be represented by a

55-3   lawyer at any proceeding or hearing under sections 2 to

55-4   37, inclusive, of this act, but an employer and a labor

55-5   organization may waive the right to representation by a

55-6   lawyer in a labor arbitration.

55-7      3.  A party to an agreement to arbitrate or arbitral

55-8   proceeding may not waive, or the parties may not vary the

55-9   effect of, the requirements of this section, NRS 38.330

55-10  or subsection 1 or 3 of section 10, section 14, 21, 25,

55-11   subsection 3 or 4 of section 27, section 29, 30, 31,

55-12   subsection 1 or 2 of section 32, section 36[, 37 or 38] or

55-13   37 of this act.

55-14     6.  Chapter 280, Statutes of Nevada 2001, at page 1286, is

55-15   hereby amended by adding thereto a new section to be designated

55-16   as section 43.5, immediately following section 43, to read as

55-17   follows:

55-18      Sec. 43.5.  Sections 2 to 36, inclusive, of this act do not

55-19   affect an action or proceeding commenced or right accrued

55-20   before October 1, 2001. Subject to section 10 of this act, an

55-21   agreement to arbitrate made before October 1, 2001, is

55-22   governed by the provisions of NRS 38.015 to 38.205,

55-23   inclusive, as they existed on that date.

55-24     Sec. 31. Section 3 of chapter 283, Statutes of Nevada 2001, at

55-25   page 1296, is hereby amended to read as follows:

55-26      Sec. 3.  NRS 445B.500 is hereby amended to read as

55-27   follows:

55-28      445B.500  1.  Except as otherwise provided in this

55-29   section and in NRS 445B.310:

55-30      (a) The district board of health, county board of health or

55-31   board of county commissioners in each county whose

55-32   population is 100,000 or more shall establish a program for

55-33   the control of air pollution and administer the program within

55-34   its jurisdiction unless superseded.

55-35      (b) The program:

55-36         (1) Must include, without limitation, standards for the

55-37   control of emissions, emergency procedures and variance

55-38   procedures established by ordinance or local regulation

55-39   which are equivalent to or stricter than those established by

55-40   statute or state regulation;

55-41         (2) May, in a county whose population is 400,000 or

55-42   more, include requirements for the creation, receipt and

55-43   exchange for consideration of credits to reduce and control

55-44   air contaminants in accordance with NRS 445B.508; and

55-45         (3) Must provide for adequate administration,

55-46   enforcement, financing and staff.

56-1      (c) The district board of health, county board of health or

56-2  board of county commissioners is designated as the air

56-3   pollution control agency of the county for the purposes of

56-4   NRS 445B.100 to 445B.640, inclusive, and the federal act

56-5   insofar as it pertains to local programs, and that agency is

56-6   authorized to take all action necessary to secure for the

56-7   county the benefits of the federal act.

56-8      (d) Powers and responsibilities provided for in NRS

56-9   445B.210, 445B.240 to [445B.450,] 445B.470, inclusive,

56-10   445B.560, 445B.570, 445B.580 and 445B.640 are binding

56-11   upon and inure to the benefit of local air pollution control

56-12   authorities within their jurisdiction.

56-13     2.  The local air pollution control board shall carry out all

56-14   provisions of NRS 445B.215 with the exception that notices

56-15   of public hearings must be given in any newspaper, qualified

56-16   pursuant to the provisions of chapter 238 of NRS, once a

56-17   week for 3 weeks. The notice must specify with particularity

56-18   the reasons for the proposed regulations and provide other

56-19   informative details. NRS 445B.215 does not apply to the

56-20   adoption of existing regulations upon transfer of authority as

56-21   provided in NRS 445B.610.

56-22     3.  In a county whose population is 400,000 or more, the

56-23   local air pollution control board may delegate to an

56-24   independent hearing officer or hearing board its authority to

56-25   determine violations and levy administrative penalties for

56-26   violations of the provisions of NRS 445B.100 to 445B.450,

56-27   inclusive, and 445B.500 to 445B.640, inclusive, or any

56-28   regulation adopted pursuant to those sections. If such a

56-29   delegation is made, 17.5 percent of any penalty collected

56-30   must be deposited in the county treasury in an account to be

56-31   administered by the local air pollution control board to a

56-32   maximum of $17,500 per year. The money in the account

56-33   may only be used to defray the administrative expenses

56-34   incurred by the local air pollution control board in enforcing

56-35   the provisions of NRS 445B.100 to 445B.640, inclusive. The

56-36   remainder of the penalty must be deposited in the county

56-37   school district fund of the county where the violation

56-38   occurred.

56-39     4.  Any county whose population is less than 100,000 or

56-40   any city may meet the requirements of this section for

56-41   administration and enforcement through cooperative

56-42  or interlocal agreement with one or more other counties, or

56-43   through agreement with the state, or may establish its own

56-44   program for the control of air pollution. If the county

56-45   establishes such a program, it is subject to the approval of the

56-46   commission.

57-1      5.  No district board of health, county board of health or

57-2  board of county commissioners may adopt any regulation or

57-3   establish a compliance schedule, variance order or other

57-4   enforcement action relating to the control of emissions from

57-5   plants which generate electricity by using steam produced by

57-6   the burning of fossil fuel.

57-7      6.  For the purposes of this section, “plants which

57-8   generate electricity by using steam produced by the burning

57-9   of fossil fuel” means plants that burn fossil fuels in a boiler

57-10   to produce steam for the production of electricity. The term

57-11   does not include any plant which uses technology for a

57-12   simple or combined cycle combustion turbine, regardless of

57-13   whether the plant includes duct burners.

57-14     Sec. 32. Section 6 of chapter 285, Statutes of Nevada 2001, at

57-15   page 1311, is hereby amended to read as follows:

57-16      Sec. 6.  NRS 179D.035 is hereby amended to read as

57-17   follows:

57-18      179D.035  “Convicted” includes, but is not limited to, an

57-19   adjudication of delinquency or a finding of guilt by a court

57-20   having jurisdiction over juveniles if the adjudication of

57-21   delinquency or the finding of guilt is for the commission of

57-22   any of the following offenses:

57-23     1.  A crime against a child that is listed in subsection 6 of

57-24   NRS 179D.210.

57-25     2.  A sexual offense that is listed in subsection 20 of

57-26  NRS 179D.410.

57-27     3.  A sexual offense that is listed in paragraph (b) of

57-28   subsection [3] 2 of NRS 62.600.

57-29     Sec. 33. Sections 5 and 6 of chapter 294, Statutes of Nevada

57-30   2001, at pages 1348 and 1350, respectively, are hereby amended to

57-31   read respectively as follows:

57-32      Sec. 5.  NRS 350.020 is hereby amended to read as

57-33   follows:

57-34      350.020  1.  Except as otherwise provided by

57-35   subsections 3 and 4, if a municipality proposes to issue or

57-36   incur general obligations, the proposal must be submitted to

57-37   the electors of the municipality at a special election called for

57-38   that purpose or the next general municipal election or general

57-39   state election.

57-40     2.  Such a special election may be held:

57-41      (a) At any time, including, without limitation, on the date

57-42   of a primary municipal election or a primary state election, if

57-43   the governing body of the municipality determines, by a

57-44   unanimous vote, that an emergency exists; or

57-45      (b) On the first Tuesday after the first Monday in June of

57-46   an odd-numbered year.

58-1  The determination made by the governing body is conclusive

58-2  unless it is shown that the governing body acted with fraud or

58-3   a gross abuse of discretion. An action to challenge the

58-4   determination made by the governing body must be

58-5   commenced within 15 days after the governing body’s

58-6   determination is final. As used in this subsection,

58-7   “emergency” means any occurrence or combination of

58-8   occurrences which requires immediate action by the

58-9   governing body of the municipality to prevent or mitigate a

58-10   substantial financial loss to the municipality or to enable the

58-11   governing body to provide an essential service to the

58-12   residents of the municipality.

58-13     3.  If payment of a general obligation of the municipality

58-14   is additionally secured by a pledge of gross or net revenue of

58-15   a project to be financed by its issue, and the governing body

58-16   determines, by an affirmative vote of two-thirds of the

58-17   members elected to the governing body, that the pledged

58-18   revenue will at least equal the amount required in each year

58-19   for the payment of interest and principal, without regard to

58-20   any option reserved by the municipality for early redemption,

58-21   the municipality may, after a public hearing, incur this

58-22   general obligation without an election unless, within [60] 90

58-23   days after publication of a resolution of intent to issue the

58-24   bonds, a petition is presented to the governing body signed

58-25   by not less than 5 percent of the registered voters of the

58-26   [municipality who together with any corporate petitioners

58-27   own not less than 2 percent in assessed value of the taxable

58-28   property of the] municipality. Any member elected to the

58-29   governing body whose authority to vote is limited by charter,

58-30   statute or otherwise may vote on the determination required

58-31   to be made by the governing body pursuant to this

58-32   subsection. The determination by the governing body

58-33   becomes conclusive on the last day for filing the petition. For

58-34   the purpose of this subsection, the number of registered

58-35   voters must be determined as of the close of registration for

58-36   the last preceding general election . [and assessed values

58-37   must be determined from the next preceding final assessment

58-38   roll. An authorized corporate officer may sign such a petition

58-39   whether or not he is a registered voter.] The resolution of

58-40   intent need not be published in full, but the publication must

58-41   include the amount of the obligation and the purpose for

58-42   which it is to be incurred. Notice of the public hearing must

58-43   be published at least 10 days before the day of the hearing.

58-44   The publications must be made once in a newspaper of

58-45   general circulation in the municipality. When published, the

58-46   notice of the public

59-1  hearing must be at least as large as 5 inches high by 4 inches

59-2  wide.

59-3      4.  The board of trustees of a school district may issue

59-4   general obligation bonds which are not expected to result in

59-5   an increase in the existing property tax levy for the payment

59-6   of bonds of the school district without holding an election for

59-7   each issuance of the bonds if the qualified electors approve a

59-8   question submitted by the board of trustees that authorizes

59-9   issuance of bonds for a period of 10 years after the date of

59-10   approval by the voters. If the question is approved, the board

59-11   of trustees of the school district may issue the bonds for a

59-12   period of 10 years after the date of approval by the voters,

59-13   after obtaining the approval of the debt management

59-14   commission in the county in which the school district is

59-15   located and, in a county whose population is 100,000 or

59-16   more, the approval of the oversight panel for school facilities

59-17   established pursuant to NRS 393.092 in that county, if the

59-18   board of trustees of the school district finds that the existing

59-19   tax for debt service will at least equal the amount required to

59-20   pay the principal and interest on the outstanding general

59-21   obligations of the school district and the general obligations

59-22   proposed to be issued. The finding made by the board of

59-23   trustees is conclusive in the absence of fraud or gross abuse

59-24   of discretion. As used in this subsection, “general

59-25   obligations” does not include medium-term obligations

59-26   issued pursuant to NRS 350.087 to 350.095, inclusive.

59-27     5.  At the time of issuance of bonds authorized pursuant

59-28   to subsection 4, the board of trustees shall establish a reserve

59-29   account in its debt service fund for payment of the

59-30   outstanding bonds of the school district. The reserve account

59-31   must be established and maintained in an amount at least

59-32   equal to the lesser of the amount of principal and interest

59-33   payments due on all of the outstanding bonds of the school

59-34   district in the next fiscal year or 10 percent of the outstanding

59-35   principal amount of the outstanding bonds of the school

59-36   district. If the amount in the reserve account falls below the

59-37   amount required by this subsection:

59-38      (a) The board of trustees shall not issue additional bonds

59-39   pursuant to subsection 4 until the reserve account is restored

59-40   to the level required by this subsection; and

59-41      (b) The board of trustees shall apply all of the taxes levied

59-42   by the school district for payment of bonds of the school

59-43   district that are not needed for payment of the principal and

59-44   interest on bonds of the school district in the current fiscal

59-45   year to restore the reserve account to the level required

59-46   pursuant to this subsection.

60-1      6.  A municipality may issue special or medium-term

60-2  obligations without an election.

60-3      Sec. 6.  The amendatory provisions of this act do not

60-4   apply to any building leased as of the effective date of this

60-5   act pursuant to an agreement that would prohibit the lessee

60-6   from complying with the provisions of section [1] 2 of this

60-7   act until the agreement expires or is renewed.

60-8      Sec. 34. Section 1 of chapter 295, Statutes of Nevada 2001, at

60-9   page 1350, is hereby amended to read as follows:

60-10      Section 1.  NRS 449.160 is hereby amended to read as

60-11   follows:

60-12      449.160  1.  The health division may deny an

60-13   application for a license or may suspend or revoke any

60-14   license issued under the provisions of NRS 449.001 to

60-15   449.240, inclusive, upon any of the following grounds:

60-16      [1.] (a) Violation by the applicant or the licensee of any

60-17   of the provisions of NRS 439B.410[,] or 449.001 to

60-18   449.245, inclusive, or of any other law of this state or of the

60-19   standards, rules and regulations adopted thereunder.

60-20      [2.] (b) Aiding, abetting or permitting the commission of

60-21   any illegal act.

60-22      [3.] (c) Conduct inimical to the public health, morals,

60-23   welfare and safety of the people of the State of Nevada in the

60-24   maintenance and operation of the premises for which a

60-25   license is issued.

60-26      [4.] (d) Conduct or practice detrimental to the health or

60-27   safety of the occupants or employees of the facility.

60-28      [5.] (e) Failure of the applicant to obtain written approval

60-29   from the director of the department of human resources

60-30   required by NRS 439A.100 or as provided in any regulation

60-31   adopted pursuant to this chapter, if such approval is required.

60-32     2.  In addition to the provisions of subsection 1, the

60-33   health division may revoke a license to operate a facility for

60-34   the dependent if, with respect to that facility, the licensee

60-35   that operates the facility, or an agent or employee of the

60-36   licensee:

60-37      (a) Is convicted of violating any of the provisions of

60-38   NRS 202.470;

60-39      (b) Is ordered to but fails to abate a nuisance pursuant

60-40   to NRS 244.360, 244.3603 or 268.4124; or

60-41      (c) Is ordered by the appropriate governmental agency

60-42   to correct a violation of a building, safety or health code or

60-43   regulation but fails to correct the violation.

60-44     3.  The health division shall maintain a log of any

60-45   complaints that it receives relating to activities for which

60-46   the

61-1  health division may revoke the license to operate a facility

61-2  for the dependent pursuant to subsection 2.

61-3      4.  On or before February 1 of each odd-numbered

61-4   year, the health division shall submit to the director of the

61-5   legislative counsel bureau a written report setting forth, for

61-6   the previous biennium:

61-7      (a) Any complaints included in the log maintained by

61-8   the health division pursuant to subsection 3; and

61-9      (b) Any disciplinary actions taken by the health division

61-10   pursuant to subsection 2.

61-11     Sec. 35. 1.  Sections 4, 76, 98, 99, 106 and 131 of chapter

61-12   296, Statutes of Nevada 2001, at pages 1358, 1389, 1399, 1400,

61-13   1402 and 1413, respectively, are hereby amended to read

61-14   respectively as follows:

61-15      Sec. 4.  NRS 78.010 is hereby amended to read as

61-16   follows:

61-17      78.010  1.  As used in this chapter:

61-18      (a) “Approval” and “vote” as describing action by the

61-19   directors or stockholders mean the vote of directors in person

61-20   or by written consent or of stockholders in person, by proxy

61-21   or by written consent.

61-22      (b) “Articles,” “articles of incorporation” and “certificate

61-23   of incorporation” are synonymous terms and unless the

61-24   context otherwise requires, include all certificates filed

61-25   pursuant to NRS 78.030, 78.1955, 78.209, 78.380, 78.385

61-26   and 78.390 and any articles of merger[or] , conversion,

61-27   exchange or domestication filed pursuant to NRS 92A.200 to

61-28   92A.240, inclusive[.] , and sections 109 to 115, inclusive, of

61-29   this act. Unless the context otherwise requires, these terms

61-30   include restated articles and certificates of incorporation.

61-31      (c) “Directors” and “trustees” are synonymous terms.

61-32      (d) “Receiver” includes receivers and trustees appointed

61-33   by a court as provided in this chapter or in chapter 32 of

61-34   NRS.

61-35      (e) “Registered office” means the office maintained at the

61-36   street address of the resident agent.

61-37      (f) “Resident agent” means the agent appointed by the

61-38   corporation upon whom process or a notice or demand

61-39   authorized by law to be served upon the corporation may be

61-40   served.

61-41      (g) “Sign” means to affix a signature to a document.

61-42      (h) “Signature” means a name, word or mark executed or

61-43   adopted by a person with the present intention to authenticate

61-44   a document. The term includes, without limitation, an

61-45   electronic signature as defined in section 11 of [this act.]

61-46   Senate Bill No. 49 of this session.

62-1      (i) “Stockholder of record” means a person whose name

62-2  appears on the stock ledger of the corporation.

62-3      (j) “Street address” of a resident agent means the actual

62-4   physical location in this state at which a resident agent is

62-5   available for service of process.

62-6      2.  General terms and powers given in this chapter are

62-7   not restricted by the use of special terms, or by any grant of

62-8   special powers contained in this chapter.

62-9      Sec. 76.  NRS 86.274 is hereby amended to read as

62-10   follows:

62-11      86.274  1.  The secretary of state shall notify, by letter

62-12   addressed to its resident agent, each limited-liability

62-13   company deemed in default pursuant to the provisions of this

62-14   chapter. The notice must be accompanied by a statement

62-15   indicating the amount of the filing fee, penalties and costs

62-16   remaining unpaid.

62-17     2.  On the first day of the [ninth] first anniversary of the

62-18   month following the month in which the filing was required,

62-19   the charter of the company is revoked and its right to transact

62-20   business is forfeited.

62-21     3.  The secretary of state shall compile a complete list

62-22   containing the names of all limited-liability companies

62-23   whose right to do business has been forfeited. The secretary

62-24   of state shall forthwith notify each limited-liability company

62-25   by letter addressed to its resident agent of the forfeiture of its

62-26   charter. The notice must be accompanied by a statement

62-27   indicating the amount of the filing fee, penalties and costs

62-28   remaining unpaid.

62-29     4.  If the charter of a limited-liability company is revoked

62-30   and the right to transact business is forfeited, all of the

62-31   property and assets of the defaulting company must be held

62-32   in trust by the managers or, if none, by the members of the

62-33   company, and the same proceedings may be had with respect

62-34   to its property and assets as apply to the dissolution of a

62-35   limited-liability company[.] pursuant to NRS 86.505 and

62-36   86.521. Any person interested may institute proceedings at

62-37   any time after a forfeiture has been declared, but if the

62-38   secretary of state reinstates the charter the proceedings must

62-39   be dismissed and all property restored to the company.

62-40     5.  If the assets are distributed they must be applied in the

62-41   following manner:

62-42      (a) To the payment of the filing fee, penalties and costs

62-43   due to the state; and

62-44      (b) To the payment of the creditors of the

62-45  company.

63-1  Any balance remaining must be distributed among the

63-2  members as provided in subsection 1 of NRS 86.521.

63-3      Sec. 98.  NRS 88.400 is hereby amended to read as

63-4   follows:

63-5      88.400  1.  If a [corporation] limited partnership has

63-6   filed the list in compliance with NRS 88.395 and has paid the

63-7   appropriate fee for the filing, the canceled check received by

63-8   the limited partnership constitutes a certificate authorizing it

63-9   to transact its business within this state until the anniversary

63-10   date of the filing of its certificate of limited partnership in the

63-11   next succeeding calendar year. If the limited partnership

63-12   desires a formal certificate upon its payment of the annual

63-13   fee, its payment must be accompanied by a self-addressed,

63-14   stamped envelope.

63-15     2.  Each limited partnership which refuses or neglects to

63-16   file the list and pay the fee within the time provided is in

63-17   default.

63-18     3.  For default there must be added to the amount of the

63-19   fee a penalty of $15, and unless the filings are made and

63-20  the fee and penalty are paid on or before the first day of the

63-21   [ninth] first anniversary of the month following the month in

63-22   which filing was required, the defaulting limited partnership,

63-23   by reason of its default, forfeits its right to transact any

63-24   business within this state.

63-25      Sec. 99.  NRS 88.405 is hereby amended to read as

63-26   follows:

63-27      88.405  1.  The secretary of state shall notify, by letter

63-28   addressed to its resident agent, each defaulting limited

63-29   partnership. The notice must be accompanied by a statement

63-30   indicating the amount of the filing fee, penalties and costs

63-31   remaining unpaid.

63-32     2.  Immediately after the first day of the [ninth] first

63-33   anniversary of the month following the month in which

63-34   filing was required, the certificate of the limited partnership

63-35   is revoked. The secretary of state shall compile a complete

63-36   list containing the names of all limited partnerships whose

63-37   right to do business has been forfeited. The secretary of state

63-38   shall notify, by letter addressed to its resident agent, each

63-39   limited partnership of the revocation of its certificate. The

63-40   notice must be accompanied by a statement indicating the

63-41   amount of the filing fee, penalties and costs remaining

63-42   unpaid.

63-43     3.  In case of revocation of the certificate and of the

63-44   forfeiture of the right to transact business thereunder,all the

63-45   property and assets of the defaulting domestic limited

63-46   partnership are held in trust by the general partners, and the

63-47   same proceedings may be had with respect thereto as for the

64-1  judicial dissolution of a limited partnership. Any person

64-2  interested may institute proceedings at any time after a

64-3   forfeiture has been declared, but if the secretary of state

64-4   reinstates the limited partnership the proceedings must at

64-5   once be dismissed and all property restored to the general

64-6   partners.

64-7      Sec. 106.  NRS 88A.640 is hereby amended to read as

64-8   follows:

64-9      88A.640  1.  The secretary of state shall notify, by letter

64-10   addressed to its resident agent, each business trust deemed in

64-11   default pursuant to the provisions of this chapter. The notice

64-12   must be accompanied by a statement indicating the amount

64-13   of the filing fee, penalties and costs remaining unpaid.

64-14     2.  [On] Immediately after the first day of the [ninth]

64-15   first anniversary of the month following the month in which

64-16   the filing was required, the certificate of trust of the business

64-17   trust is revoked and its right to transact business is forfeited.

64-18     3.  The secretary of state shall compile a complete list

64-19   containing the names of all business trusts whose right to do

64-20   business has been forfeited. He shall forthwith notify each

64-21   such business trust, by letter addressed to its resident agent,

64-22   of the revocation of its certificate of trust. The notice must be

64-23   accompanied by a statement indicating the amount of the

64-24   filing fee, penalties and costs remaining unpaid.

64-25     4.  If the certificate of trust is revoked and the right to

64-26   transact business is forfeited, all the property and assets of

64-27   the defaulting business trust must be held in trust by its

64-28   trustees as for insolvent business trusts, and the same

64-29   proceedings may be had with respect thereto as are

64-30   applicable to insolvent business trusts. Any person interested

64-31   may institute proceedings at any time after a forfeiture has

64-32   been declared, but if the secretary of state reinstates the

64-33   certificate of trust, the proceedings must at once be

64-34   dismissed.

64-35      Sec. 131.  NRS 92A.230 is hereby amended to read as

64-36   follows:

64-37      92A.230  1.  Articles of merger , conversion or

64-38   exchange must be signed by each domestic constituent entity

64-39   as follows:

64-40      (a) By [the president or a vice president] an officer of a

64-41   domestic corporation, whether or not for profit;

64-42      (b) By all the general partners of a domestic limited

64-43   partnership;

64-44      (c) By a manager of a domestic limited-liability company

64-45   with managers or by all the members of a domestic limited

64-46  -liability company without managers; and

64-47      (d) By a trustee of a domestic business trust.

65-1      2.  [If the domestic entity is a corporation, the articles

65-2  must also be signed by the secretary or an assistant secretary.

65-3      3.] Articles of merger , conversion or exchange must be

65-4   signed by each foreign constituent entity in the manner

65-5   provided by the law governing it.

65-6      [4.] 3.  As used in this section, “signed” means to have

65-7   executed or adopted a name, word or mark, including,

65-8   without limitation, an electronic signature as defined in

65-9   section 11 of [this act,] Senate Bill No. 49 of this session,

65-10   with the present intention to authenticate a document.

65-11     2.  Chapter 296, Statutes of Nevada 2001, at page 1415, is

65-12   hereby amended by adding thereto a new section to be designated

65-13   as section 136.5, immediately following section 136, to read as

65-14   follows:

65-15      Sec. 136.5.  Section 34 of chapter 601, Statutes of

65-16   Nevada 2001, at page 3187, is hereby amended to read as

65-17   follows:

65-18      Sec. 34.  NRS 88.400 is hereby amended to read as

65-19   follows:

65-20      88.400  1.  If a limited partnership has filed the list

65-21   in compliance with NRS 88.395 and has paid the

65-22   appropriate fee for the filing, the canceled check received

65-23   by the limited partnership constitutes a certificate

65-24   authorizing it to transact its business within this state until

65-25   the anniversary date of the filing of its certificate of

65-26   limited partnership in the next succeeding calendar year.

65-27   If the limited partnership desires a formal certificate upon

65-28   its payment of the annual fee, its payment must be

65-29   accompanied by a self-addressed, stamped envelope.

65-30      2.  Each limited partnership which refuses or neglects

65-31   to file the list and pay the fee within the time provided is

65-32   in default.

65-33      3.  For default there must be added to the amount of

65-34   the fee a penalty of [$15,] $50, and unless the filings are

65-35   made and the fee and penalty are paid on or before the

65-36   first day of the first anniversary of the month following

65-37   the month in which filing was required, the defaulting

65-38   limited partnership, by reason of its default, forfeits its

65-39   right to transact any business within this state.

65-40     Sec. 36. Chapter 307, Statutes of Nevada 2001, at page 1440,

65-41   is hereby amended by adding thereto a new section to be designated

65-42   as section 2.5, immediately following section 2, to read as follows:

65-43      Sec. 2.5.  NRS 284.148 is hereby amended to read as

65-44   follows:

65-45      284.148  1.  An elected officer or an employee in the

65-46   unclassified service who is [an elected officer,] on the

66-1  personal staff of an elected officer, [or] an appointed head of

66-2  a department or division who serves at the pleasure or

66-3   discretion of an elected officer[, or who is] or an executive,

66-4   administrative or professional employee within the meaning

66-5   of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et

66-6   seq.:

66-7      (a) Must be paid on a salary basis, within a maximum

66-8   amount established by law;

66-9      (b) Is not entitled to compensation for overtime; and

66-10      (c) Is not subject to disciplinary suspensions for less than

66-11   1 week.

66-12     2.  An employee in the classified service who is an

66-13   executive, administrative or professional employee within

66-14   the meaning of the Fair Labor Standards Act of 1938, 29

66-15   U.S.C. §§ 201 et seq., and who is either a head of a

66-16   department, division or bureau, or a doctoral level

66-17   professional:

66-18      (a) Must be paid on a salary basis;

66-19      (b) Is not entitled to compensation for overtime; and

66-20      (c) Is not subject to disciplinary suspensions for less than

66-21   1 week.

66-22     3.  Unless otherwise specified by statute, the department

66-23   shall determine which positions in the classified and

66-24   unclassified service are subject to the provisions of this

66-25   section.

66-26     Sec. 37. Sections 2 and 3 of chapter 319, Statutes of Nevada

66-27   2001, at page 1497, are hereby amended to read respectively as

66-28   follows:

66-29      Sec. 2.  NRS 354.476 is hereby amended to read as

66-30   follows:

66-31      354.476  As used in NRS 354.470 to 354.626, inclusive,

66-32   sections 2 to 5, inclusive, of Senate Bill No. 203 of this

66-33   session , [and] sections 2 to 5, inclusive, of [this act,] Senate

66-34   Bill No. 317 of this session and section 1 of this act, unless

66-35   the context otherwise requires, the words and terms defined

66-36   in NRS 354.479 to 354.578, inclusive, [and] sections 2 and 3

66-37   of Senate Bill No. 203 of this session and sections 2 and 3 of

66-38   [this act,] Senate Bill No. 317 of this session have the

66-39   meanings ascribed to them in those sections.

66-40      Sec. 3.  This act becomes effective at 12:02 a.m. on

66-41  July 1, 2001.

 

 

 

 

 

67-1      Sec. 38. Sections 2 and 8 of chapter 321, Statutes of Nevada

67-2  2001, at pages 1501 and 1504, respectively, are hereby amended to

67-3   read respectively as follows:

67-4      Sec. 2.  NRS 483.347 is hereby amended to read as

67-5   follows:

67-6      483.347  1.  Except as otherwise provided in subsection

67-7   2, the department shall issue a rectangular-shaped driver’s

67-8   license which bears a front view colored photograph of the

67-9   licensee . [if he] The photograph and any information

67-10   included on the license must be placed in a manner which

67-11   ensures that:

67-12      (a) If the licensee is 21 years of age or older[, or a

67-13   profile view colored photograph if he] , the longer edges of

67-14   the rectangle serve as the top and bottom of the license; or

67-15      (b) If the licensee is under 21 years of age[.] , the

67-16   shorter edges of the rectangle serve as the top and bottom

67-17   of the license.

67-18     2.  The department may issue a temporary driver’s

67-19   license without a photograph of the licensee if the licensee is

67-20   temporarily absent from this state and requests the renewal

67-21   of, the issuance of a duplicate of, or a change in the

67-22   information on, his driver’s license. If the licensee returns to

67-23   this state for 14 continuous days or more, the licensee shall,

67-24   within 24 days after the date of his return, surrender the

67-25   temporary license and obtain a license which bears his

67-26   photograph in accordance with subsection 1. A licensee

67-27   charged with violating the provisions of this subsection may

67-28   not be convicted if he surrenders the temporary license,

67-29   obtains a license which bears his photograph in accordance

67-30   with subsection 1 and produces that license in court or in the

67-31   office of the arresting officer.

67-32     3.  The department shall:

67-33      (a) Establish a uniform procedure for the production of

67-34   drivers’ licenses, applicable to renewal as well as to original

67-35   licenses.

67-36      (b) By regulation, increase the fees provided in NRS

67-37   483.410, 483.820 and 483.910 as necessary to cover the

67-38   actual cost of production of photographs for drivers’ licenses

67-39   and identification cards. The increase must be deposited in

67-40   the state treasury for credit to the motor vehicle fund and

67-41   must be allocated to the department to defray the increased

67-42   costs of producing the drivers’ licenses required by this

67-43   section.

67-44      Sec. 8.  1.  This section and sections [2,] 3, 5, 6 and 7

67-45   of this act become effective on July 1, 2001.

68-1      2.  Sections 1 , 2 and 4 of this act become effective at

68-2  12:01 a.m. on July 1, 2001.

68-3      Sec. 39. 1.  Sections 14, 32, 40, 55, 57 and 61 of chapter 331,

68-4   Statutes of Nevada 2001, at pages 1546, 1558, 1563, 1569 and

68-5   1570, are hereby amended to read respectively as follows:

68-6      Sec. 14.  NRS 361.159 is hereby amended to read as

68-7   follows:

68-8      361.159  1.  Except as otherwise provided in subsection

68-9   3, when personal property, or a portion of personal property,

68-10   which for any reason is exempt from taxation is leased,

68-11   loaned or otherwise made available to and used by a natural

68-12   person, association or corporation in connection with a

68-13   business conducted for profit, the leasehold interest,

68-14   possessory interest, beneficial interest or beneficial use of

68-15   any such lessee or user of the property is subject to taxation

68-16   to the extent the:

68-17      (a) Portion of the property leased or used; and

68-18      (b) Percentage of time during the fiscal year that the

68-19   property is leased to the lessee or used by the user, in

68-20   accordance with section 1 of [this act,] Assembly Bill No.

68-21   433 of this session,

68-22  can be segregated and identified. The taxable value of the

68-23   interest or use must be determined in the manner provided in

68-24   subsection 3 of NRS 361.227 and in accordance with section

68-25   1 of [this act.] Assembly Bill No. 433 of this session.

68-26     2.  Taxes must be assessed to lessees or users of exempt

68-27   personal property and collected in the same manner as taxes

68-28   assessed to owners of other personal property, except that

68-29   taxes due under this section do not become a lien against the

68-30   personal property. When due, the taxes constitute a debt due

68-31   from the lessee or user to the county for which the taxes were

68-32   assessed and, if unpaid, are recoverable by the county in the

68-33   proper court of the county.

68-34     3.  The provisions of this section do not apply to personal

68-35   property:

68-36      (a) Used in vending stands operated by blind persons

68-37   under the auspices of the bureau of services to the blind and

68-38   visually impaired of the rehabilitation division of the

68-39   department of employment, training and rehabilitation.

68-40      (b) Owned by a public airport and used for the purposes

68-41   of the public airport.

68-42      Sec. 32.  NRS 111.312 is hereby amended to read as

68-43   follows:

68-44      111.312  1.  The county recorder shall not record with

68-45   respect to real property, a notice of completion, a declaration

68-46   of homestead, a lien or notice of lien, an affidavit of death, a

69-1  mortgage or deed of trust, or any conveyance of real property

69-2  or instrument in writing setting forth an agreement to convey

69-3   real property unless the document being recorded contains:

69-4      (a) The mailing address of the grantee or, if there is no

69-5   grantee, the mailing address of the person who is requesting

69-6   the recording of the document; and

69-7      (b) The assessor’s parcel number of the property at the

69-8   top of the first page of the document, if the county assessor

69-9   has assigned a parcel number to the property. The county

69-10   recorder is not required to verify that the assessor’s parcel

69-11   number is correct.

69-12     2.  The county recorder shall not record with respect to

69-13   real property any conveyance of real property or instrument

69-14   in writing setting forth an agreement to convey real

69-15   property unless the document being recorded contains the

69-16   name and address of the person to whom a statement of the

69-17   taxes assessed on the real property is to be mailed.

69-18     3.  The assessor’s parcel number shall not be deemed to

69-19   be a complete legal description of the real property

69-20   conveyed.

69-21      [3.] 4.  Except as otherwise provided in subsection [4,]

69-22   5, if a document that is being recorded includes a legal

69-23   description of real property that is provided in metes and

69-24   bounds, the document must include the name and mailing

69-25   address of the person who prepared the legal description. The

69-26   county recorder is not required to verify the accuracy of the

69-27   name and mailing address of such a person.

69-28      [4.] 5.  If a document described in subsection [3] 4

69-29   previously has been recorded, the document must include all

69-30   information necessary to identify and locate the previous

69-31   recording, but the name and mailing address of the person

69-32   who prepared the legal description is not required for the

69-33   document to be recorded. The county recorder is not required

69-34   to verify the accuracy of the information concerning the

69-35   previous recording.

69-36      Sec. 40.  (Deleted by amendment.)

69-37      Sec. 55.  NRS 575.190 is hereby amended to read as

69-38   follows:

69-39      575.190  Using the tax levies from the board, the

69-40   department and the Nevada beef council, [the county

69-41   assessor, auditor or treasurer, or] the department [if it is

69-42   administering the special tax,] shall calculate the total taxes

69-43   due from each owner of livestock or sheep based on the

69-44   report of owners of livestock or sheep approved by the

69-45   [committee for assessing livestock.] department.

 

70-1      Sec. 57.  NRS 575.210 is hereby amended to read as

70-2  follows:

70-3      575.210  Whenever any taxes, or penalties or interest for

70-4   delinquencies pursuant to NRS 562.175 or 575.130 or

70-5   section 47.5 of this act are paid to the [county treasurer, he]

70-6   department, the department shall record the payment and the

70-7   date thereof with the name of the person liable therefor, and

70-8   the amount of taxes, penalties and interest collected pursuant

70-9   to NRS 562.170, 562.175, 567.110, 571.035, 575.070 and

70-10   575.130[,] and section 47.5 of this act, and transmit the

70-11   revenue thereof to the state controller for deposit into the

70-12   appropriate account or fund in the state treasury.

70-13      Sec. 61.  1.  This section and sections 1 to 10,

70-14   inclusive, 11, 12, 14 to 25, inclusive, 27 to 44, inclusive,

70-15   [and] 59 and 59.5 of this act become effective on July 1,

70-16   2001.

70-17     2.  Sections 13 and 26 of this act become effective at

70-18   12:01 a.m. on July 1, 2001.

70-19     3.  Section 10 of this act expires by limitation on June 30,

70-20   2003.

70-21     4.  Section 10.5 of this act becomes effective at 12:02

70-22   a.m. on July 1, 2003.

70-23     5.  Sections 45 to 58, inclusive, and 60 of this act become

70-24   effective on July 1, 2004.

70-25     2.  Chapter 331, Statutes of Nevada 2001, at page 1570, is

70-26   hereby amended by adding thereto a new section to be designated

70-27   as section 59.5, immediately following section 59, to read as

70-28   follows:

70-29      Sec. 59.5.  Section 53 of chapter 370, Statutes of Nevada

70-30   2001, at page 1754, is hereby amended to read as follows:

70-31      Sec. 53.  NRS 111.312 is hereby amended to read as

70-32   follows:

70-33      111.312  1.  The county recorder shall not record

70-34   with respect to real property, a notice of completion, a

70-35   declaration of homestead, a lien or notice of lien, an

70-36   affidavit of death, a mortgage or deed of trust, or any

70-37   conveyance of real property or instrument in writing

70-38   setting forth an agreement to convey real property unless

70-39   the document being recorded contains:

70-40      (a) The mailing address of the grantee or, if there is no

70-41   grantee, the mailing address of the person who is

70-42   requesting the recording of the document; and

70-43      (b) The assessor’s parcel number of the property at

70-44  the top left corner of the first page of the document, if the

70-45   county assessor has assigned a parcel number to the

70-46   property. The county recorder is not required to verify

70-47   that the assessor’s parcel number is correct.

71-1      2.  The county recorder shall not record with respect

71-2  to real property any conveyance of real property or

71-3   instrument in writing setting forth an agreement to convey

71-4   real property unless the document being recorded

71-5   contains the name and address of the person to whom a

71-6   statement of the taxes assessed on the real property is to

71-7   be mailed.

71-8      3.  The assessor’s parcel number shall not be deemed

71-9   to be a complete legal description of the real property

71-10   conveyed.

71-11      4.  Except as otherwise provided in subsection 5, if a

71-12   document that is being recorded includes a legal

71-13   description of real property that is provided in metes and

71-14   bounds, the document must include the name and mailing

71-15   address of the person who prepared the legal description.

71-16   The county recorder is not required to verify the accuracy

71-17   of the name and mailing address of such a person.

71-18      5.  If a document described in subsection 4 previously

71-19   has been recorded, the document must include all

71-20   information necessary to identify and locate the previous

71-21   recording, but the name and mailing address of the person

71-22   who prepared the legal description is not required for the

71-23   document to be recorded. The county recorder is not

71-24   required to verify the accuracy of the information

71-25   concerning the previous recording.

71-26     Sec. 40. Sections 2, 3 and 9 of chapter 335, Statutes of Nevada

71-27   2001, at pages 1580, 1581 and 1585, respectively, are hereby

71-28   amended to read respectively as follows:

71-29      Sec. 2.  NRS 361.0687 is hereby amended to read as

71-30   follows:

71-31      361.0687  1.  A person who intends to locate or expand

71-32   a business in this state may, pursuant to NRS 360.750, apply

71-33   to the commission on economic development for a partial

71-34   abatement from the taxes imposed by this chapter.

71-35     2.  For a business to qualify pursuant to NRS 360.750 for

71-36   a partial abatement from the taxes imposed by this chapter,

71-37   the commission on economic development must determine

71-38   that, in addition to meeting the other requirements set forth in

71-39   subsection 2 of that section:

71-40      (a) If the business is a new business in a county whose

71-41   population is 100,000 or more or a city whose population is

71-42   60,000 or more:

71-43         (1) The business will make a capital investment in the

71-44   county of at least $50,000,000 if the business is an industrial

71-45   or manufacturing business or at least $5,000,000 if the

71-46   business is not an industrial or manufacturing business; and

72-1          (2) The average hourly wage that will be paid by the

72-2  new business to its employees in this state is at least 100

72-3   percent of the average statewide hourly wage as established

72-4   by the employment security division of the department of

72-5   employment, training and rehabilitation on July 1 of each

72-6   fiscal year.

72-7      (b) If the business is a new business in a county whose

72-8   population is less than 100,000 or a city whose population is

72-9   less than 60,000:

72-10         (1) The business will make a capital investment in the

72-11   county of at least $5,000,000 if the business is an industrial

72-12   or manufacturing business or at least $500,000 if the

72-13   business is not an industrial or manufacturing business; and

72-14         (2) The average hourly wage that will be paid by the

72-15   new business to its employees in this state is at least 100

72-16   percent of the average statewide hourly wage as established

72-17   by the employment security division of the department of

72-18   employment, training and rehabilitation on July 1 of each

72-19   fiscal year.

72-20     3.  [If] Except as otherwise provided in NRS 361.0685

72-21   and subsection 4, if a partial abatement from the taxes

72-22   imposed by this chapter is approved by the commission on

72-23   economic development pursuant to NRS 360.750:

72-24      (a) The partial abatement must:

72-25         (1) Be for a duration of at least 1 year but not more

72-26   than 10 years;

72-27         (2) Not exceed 50 percent of the taxes on personal

72-28   property payable by a business each year pursuant to this

72-29   chapter; and

72-30         (3) Be administered and carried out in the manner set

72-31   forth in NRS 360.750.

72-32      (b) The executive director of the commission on

72-33   economic development shall notify the county assessor of the

72-34   county in which the business is located of the approval of the

72-35   partial abatement, including, without limitation, the duration

72-36   and percentage of the partial abatement that the commission

72-37   granted. The executive director shall, on or before April 15

72-38   of each year, advise the county assessor of each county in

72-39   which a business qualifies for a partial abatement during the

72-40   current fiscal year as to whether the business is still eligible

72-41   for the partial abatement in the next succeeding fiscal year.

72-42     4.  If a partial abatement from the taxes imposed by this

72-43   chapter is approved by the commission on economic

72-44   development pursuant to NRS 360.750 for a facility for the

72-45   generation of electricity from renewable energy:

72-46      (a) The partial abatement must be:

73-1          (1) For a duration of 10 years;

73-2          (2) Equal to 50 percent of the taxes on real and

73-3   personal property payable by the facility each year

73-4   pursuant to this chapter; and

73-5          (3) Administered and carried out in the manner set

73-6   forth in NRS 360.750.

73-7      (b) The executive director of the commission on

73-8   economic development shall:

73-9          (1) Notify the county assessor of the county in which

73-10   the facility is located of the approval of the partial

73-11   abatement; and

73-12         (2) Advise the county assessor of the county in which

73-13   the facility is located as to the dates on which the partial

73-14   abatement will begin and end.

73-15     5.  As used in this section:

73-16      (a) “Biomass” means any organic matter that is

73-17   available on a renewable basis, including, without

73-18   limitation:

73-19         (1) Agricultural crops and agricultural wastes and

73-20   residues;

73-21         (2) Wood and wood wastes and residues;

73-22         (3) Animal wastes;

73-23         (4) Municipal wastes; and

73-24         (5) Aquatic plants.

73-25      (b) “Facility for the generation of electricity from

73-26   renewable energy” means a facility for the generation of

73-27   electricity that:

73-28         (1) Uses renewable energy as its primary source of

73-29   energy; and

73-30         (2) Has a generating capacity of at least 10

73-31  kilowatts.

73-32  The term includes all the machinery and equipment that is

73-33   used in the facility to collect and store the renewable energy

73-34   and to convert the renewable energy into electricity. The

73-35   term does not include a facility that is located on residential

73-36   property.

73-37      (c) “Industrial or manufacturing business” does not

73-38   include a facility for the generation of electricity from

73-39   renewable energy.

73-40      (d) “Renewable energy” means:

73-41         (1) Biomass;

73-42         (2) Solar energy; or

73-43         (3) Wind.

73-44  The term does not include coal, natural gas, oil, propane or

73-45   any other fossil fuel, or nuclear energy.

74-1      Sec. 3.  NRS 361.0687 is hereby amended to read as

74-2  follows:

74-3      361.0687  1.  A person who intends to locate or expand

74-4   a business in this state may, pursuant to NRS 360.750, apply

74-5   to the commission on economic development for a partial

74-6   abatement from the taxes imposed by this chapter.

74-7      2.  For a business to qualify pursuant to NRS 360.750 for

74-8   a partial abatement from the taxes imposed by this chapter,

74-9   the commission on economic development must determine

74-10   that, in addition to meeting the other requirements set forth in

74-11   subsection 2 of that section:

74-12      (a) If the business is a new business in a county whose

74-13   population is 100,000 or more or a city whose population is

74-14   60,000 or more:

74-15         (1) The business will make a capital investment in the

74-16   county of at least $50,000,000 if the business is an industrial

74-17   or manufacturing business or at least $5,000,000 if the

74-18   business is not an industrial or manufacturing business; and

74-19         (2) The average hourly wage that will be paid by the

74-20   new business to its employees in this state is at least 100

74-21   percent of the average statewide hourly wage as established

74-22   by the employment security division of the department of

74-23   employment, training and rehabilitation on July 1 of each

74-24   fiscal year.

74-25      (b) If the business is a new business in a county whose

74-26   population is less than 100,000 or a city whose population is

74-27   less than 60,000:

74-28         (1) The business will make a capital investment in the

74-29   county of at least $5,000,000 if the business is an industrial

74-30   or manufacturing business or at least $500,000 if the

74-31   business is not an industrial or manufacturing business; and

74-32         (2) The average hourly wage that will be paid by the

74-33   new business to its employees in this state is at least 100

74-34   percent of the average statewide hourly wage as established

74-35   by the employment security division of the department of

74-36   employment, training and rehabilitation on July 1 of each

74-37   fiscal year.

74-38     3.  [If] Except as otherwise provided in NRS 361.0685,

74-39   if a partial abatement from the taxes imposed by this chapter

74-40   is approved by the commission on economic development

74-41   pursuant to NRS 360.750:

74-42      (a) The partial abatement must:

74-43         (1) Be for a duration of at least 1 year but not more

74-44   than 10 years;

75-1          (2) Not exceed 50 percent of the taxes on personal

75-2  property payable by a business each year pursuant to this

75-3   chapter; and

75-4          (3) Be administered and carried out in the manner set

75-5   forth in NRS 360.750.

75-6      (b) The executive director of the commission on

75-7   economic development shall notify the county assessor of the

75-8   county in which the business is located of the approval of the

75-9   partial abatement, including, without limitation, the duration

75-10   and percentage of the partial abatement that the commission

75-11   granted. The executive director shall, on or before April 15

75-12   of each year, advise the county assessor of each county in

75-13   which a business qualifies for a partial abatement during the

75-14   current fiscal year as to whether the business is still eligible

75-15   for the partial abatement in the next succeeding fiscal year.

75-16      Sec. 9.  1.  This section and sections 1[, 2] and 4 to 8,

75-17   inclusive, of this act become effective on July 1, 2001.

75-18     2.  Sections 2 and 5 of this act expire by limitation on

75-19   June 30, 2005.

75-20     3.  Section 3 of this act becomes effective on July 1,

75-21   2005.

75-22     4.  Section 2 of this act becomes effective at 12:01 a.m.

75-23   on July 1, 2001.

75-24     Sec. 41. Section 24 of chapter 336, Statutes of Nevada 2001,

75-25   at page 1591, is hereby amended to read as follows:

75-26      Sec. 24. 1.  If any real property transfer tax imposed

75-27   pursuant to this chapter is not paid when due, the county

75-28   may, within 3 years after the date that the tax was due,

75-29   record a certificate in the office of the county recorder

75-30   which states:

75-31      (a) The amount of the real property transfer tax and any

75-32   interest or penalties due;

75-33      (b) The name and address of the person who is liable for

75-34   the amount due as they appear on the records of the

75-35   county; and

75-36      (c) That the county recorder has complied with all

75-37   procedures required by law for determining the amount

75-38   due.

75-39     2.  From the time of the recording of the certificate, the

75-40   amount due, including interest and penalties, constitutes:

75-41      (a) A lien upon the real property for which the tax was

75-42   due if the person who owes the tax still owns the property;

75-43   or

75-44      (b) A demand for payment if the property has been sold

75-45   or otherwise transferred to another person.

75-46     3.  The lien has the effect and priority of a judgment

75-47   lien and continues for 5 years after the time of the

75-48   recording

76-1  of the certificate unless sooner released or otherwise

76-2  discharged.

76-3      4.  Within 5 years after the date of recording the

76-4   certificate or within 5 years after the date of the last

76-5   extension of the lien pursuant to this subsection, the lien

76-6   may be extended by recording a new certificate in the office

76-7   of the county recorder. From the time of recording the new

76-8   certificate, the lien is extended for 5 years, unless sooner

76-9   released or otherwise discharged.

76-10     Sec. 42. Sections 1, 2 and 6 of chapter 338, Statutes of Nevada

76-11   2001, at pages 1598, 1601 and 1605, respectively, are hereby

76-12   amended to read respectively as follows:

76-13      Section 1.  NRS 365.550 is hereby amended to read as

76-14   follows:

76-15      365.550  1.  The receipts of the tax levied pursuant to

76-16   NRS 365.180 must be allocated monthly by the department

76-17   to the counties using the following formula:

76-18      (a) [One-fourth in proportion to total area.

76-19      (b) One-fourth in proportion to population.

76-20      (c) One-fourth in proportion to road mileage and street

76-21   mileage of nonfederal aid primary roads.

76-22      (d) One-fourth in proportion to vehicle miles of travel on

76-23   nonfederal aid primary roads.] Determine the average

76-24   monthly amount each county received in the fiscal year

76-25   ending on June 30, 2001, and allocate to each county that

76-26   amount, or if the total amount to be allocated is less than

76-27   that amount, allocate to each county a percentage of the

76-28   total amount to be allocated that is equal to the percentage

76-29   of the total amount allocated to that county in the fiscal

76-30   year ending on June 30, 2001;

76-31      (b) Determine for each county an amount from the total

76-32   amount to be allocated using the following formula:

76-33         (1) Two-thirds in proportion to population; and

76-34         (2) One-third in proportion to road mileage and

76-35   street mileage of improved roads or streets maintained by

76-36   the county or an incorporated city located within the

76-37  county,

76-38  and compare that amount to the amount allocated to the

76-39   county pursuant to paragraph (a);

76-40      (c) Identify each county for which the amount

76-41   determined pursuant to paragraph (b) is greater than the

76-42   amount allocated to the county pursuant to paragraph (a);

76-43   and

76-44      (d) Allocate to any county which is identified pursuant

76-45   to paragraph (c), using the formula set forth in paragraph

76-46   (b), any amount from the tax levied pursuant to NRS

77-1  365.180 that remains after the allocation required pursuant

77-2  to paragraph (a).

77-3      2.  Within 10 calendar days after June 1 of each fiscal

77-4   year, the department shall:

77-5      (a) Project the total amount that each county will be

77-6   allocated pursuant to subsection 1 for the current fiscal

77-7   year.

77-8      (b) If the total amount allocated to all the counties will

77-9   not exceed the total amount that was received by all the

77-10   counties for the fiscal year ending on June 30, 2001, adjust

77-11   the final monthly allocation to be made to each county so

77-12   that each county is allocated a percentage of the total

77-13   amount to be allocated that is equal to the percentage of the

77-14   total amount allocated to that county in the fiscal year

77-15   ending on June 30, 2001.

77-16      (c) If a county receives an allocation pursuant to

77-17   paragraph (d) of subsection 1, determine whether the total

77-18   monthly allocations projected to be made to that county

77-19   pursuant to subsection 1 for the current fiscal year exceed

77-20   the total amount the county received in the fiscal year

77-21   ending on June 30, 2001. If the total monthly allocations

77-22   projected to be made to the county do not exceed the total

77-23   amount the county received in the fiscal year ending on

77-24   June 30, 2001, the department shall adjust the final

77-25   monthly allocation to be made to the county for the current

77-26   fiscal year so that the total amount allocated to the county

77-27   for the current fiscal year equals the total amount the

77-28   county received in the fiscal year ending on June 30, 2001.

77-29     3.  Of the money allocated to each county pursuant to the

77-30   provisions of [subsection 1: ] subsections 1 and 2:

77-31      (a) An amount equal to that part of the allocation which

77-32   represents 1.25 cents of the tax per gallon must be used

77-33   exclusively for the service and redemption of revenue bonds

77-34   issued pursuant to chapter 373 of NRS, for the construction,

77-35   maintenance and repair of county roads, and for the purchase

77-36   of equipment for that construction, maintenance and repair,

77-37   under the direction of the boards of county commissioners of

77-38   the several counties, and must not be used to defray expenses

77-39   of administration; and

77-40      (b) An amount equal to that part of the allocation which

77-41   represents 2.35 cents of the tax per gallon must be allocated

77-42   [pursuant to the following formula:

77-43         (1) If there are no incorporated cities in the county,] to

77-44   the county [; and

77-45         (2) If there is at least one incorporated city in the

77-46   county,] , if there are no incorporated cities in the county,

77-47   or

78-1  to the county and any incorporated cities in the county , if

78-2  there is at least one incorporated city in the county, pursuant

78-3   to the following formula [set forth for counties in subsection

78-4   1.] :

78-5          (1) One-fourth in proportion to total area.

78-6          (2) One-fourth in proportion to population.

78-7          (3) One-fourth in proportion to road mileage and

78-8   street mileage of nonfederal aid primary roads.

78-9          (4) One-fourth in proportion to vehicle miles of

78-10   travel on nonfederal aid primary roads.

78-11  For the purpose of applying the formula, the area of the

78-12   county excludes the area included in any incorporated city.

78-13      [3.] 4.  The amount allocated to the counties and

78-14   incorporated cities pursuant to subsections 1 , [and] 2 and 3

78-15   must be remitted monthly. The state controller shall draw his

78-16   warrants payable to the county treasurer of each of the

78-17   several counties and the city treasurer of each of the several

78-18   incorporated cities, as applicable, and the state treasurer shall

78-19   pay the warrants out of the proceeds of the tax levied

78-20   pursuant to NRS 365.180.

78-21      [4.] 5.  The formula computations must be made as of

78-22   July 1 of each year by the department, based on estimates

78-23   which must be furnished by the department of transportation

78-24   [. The] and, if applicable, any adjustments to the estimates

78-25   determined to be appropriate by the committee pursuant to

78-26   subsection 9. Except as otherwise provided in subsection 9,

78-27   the determination made by the department is conclusive.

78-28      [5.] 6. The department of transportation shall

78-29   complete:

78-30      (a) The estimates of the total mileage of improved roads

78-31   or streets maintained by each county and incorporated city

78-32   on or before August 31 of each year.

78-33      (b) A physical audit of the information submitted by

78-34   each county and incorporated city pursuant to subsection 7

78-35   at least once every 10 years.

78-36     7.  Each county and incorporated city shall, not later than

78-37   [January] March 1 of each year, submit a list to the

78-38   department of transportation setting forth:

78-39      (a) Each improved road or street that is maintained by the

78-40   county or city; and

78-41      (b) The beginning and ending points and the total mileage

78-42   of each of those improved roads or streets.

78-43  Each county and incorporated city shall, at least 10 days

78-44   before the list is submitted to the department of

78-45   transportation, hold a public hearing to identify and

78-46   determine

79-1  the improved roads and streets maintained by the county or

79-2  city.

79-3      [6.] 8. If a county or incorporated city does not agree

79-4   with the estimates prepared by the department of

79-5   transportation pursuant to subsection 6, the county or

79-6   incorporated city may request that the subcommittee

79-7   examine the estimates and recommend an adjustment to the

79-8   estimates. Such a request must be submitted to the

79-9   subcommittee not later than October 15.

79-10     9.  The subcommittee shall review any request it

79-11   receives pursuant to subsection 8 and report to the

79-12   committee its findings and any recommendations for an

79-13   adjustment to the estimates it determines is appropriate.

79-14   The committee shall hold a public hearing and determine

79-15   whether an adjustment to the estimates is appropriate on or

79-16   before December 31 of the year it receives a request

79-17   pursuant to subsection 8. Any determination made by the

79-18   committee pursuant to this subsection is conclusive.

79-19      10.  The subcommittee shall monitor the fiscal impact

79-20   of the formula set forth in this section on counties and

79-21   incorporated cities and report regularly to the committee

79-22   concerning its findings and recommendations regarding

79-23   that fiscal impact.

79-24      11.  As used in this section[, “construction,] :

79-25      (a) “Committee” means the legislative committee for

79-26   local government taxes and finance established pursuant to

79-27   NRS 218.53881.

79-28      (b) “Construction, maintenance and repair” includes the

79-29   acquisition, operation or use of any material, equipment or

79-30   facility that is used exclusively for the construction,

79-31   maintenance or repair of a county or city road and is

79-32   necessary for the safe and efficient use of that road,

79-33   including, without limitation:

79-34      [(a)] (1) Grades and regrades;

79-35      [(b)] (2) Graveling, oiling, surfacing, macadamizing and

79-36   paving;

79-37      [(c)] (3) Sweeping, cleaning and sanding roads and

79-38   removing snow from a road;

79-39      [(d)] (4) Crosswalks and sidewalks;

79-40      [(e)] (5) Culverts, catch basins, drains, sewers and

79-41   manholes;

79-42      [(f)] (6) Inlets and outlets;

79-43      [(g)] (7) Retaining walls, bridges, overpasses,

79-44   underpasses, tunnels and approaches;

79-45      [(h)] (8) Artificial lights and lighting equipment,

79-46   parkways, control of vegetation and sprinkling facilities;

80-1      [(i)] (9) Rights of way;

80-2      [(j)] (10) Grade and traffic separators;

80-3      [(k)] (11) Fences, cattle guards and other devices to

80-4   control access to a county or city road;

80-5      [(l)] (12) Signs and devices for the control of traffic; and

80-6      [(m)] (13) Facilities for personnel and the storage of

80-7   equipment used to construct, maintain or repair a county or

80-8   city road.

80-9      (c) “Improved road or street” means a road or street that

80-10   is, at least:

80-11         (1) Aligned and graded to allow reasonably

80-12   convenient use by a motor vehicle; and

80-13         (2) Drained sufficiently by a longitudinal and

80-14   transverse drainage system to prevent serious impairment

80-15   of the road or street by surface water.

80-16      (d) “Subcommittee” means the subcommittee appointed

80-17   pursuant to NRS 218.53884.

80-18      Sec. 2.  NRS 365.550 is hereby amended to read as

80-19   follows:

80-20      365.550  1.  The receipts of the tax levied pursuant to

80-21   NRS 365.180 must be allocated monthly by the department

80-22   to the counties using the following formula:

80-23      (a) Determine the average monthly amount each county

80-24   received in the fiscal year ending on June 30, 2001, and

80-25   allocate to each county that amount, or if the total amount to

80-26   be allocated is less than that amount, allocate to each county

80-27   a percentage of the total amount to be allocated that is equal

80-28   to the percentage of the total amount allocated to that county

80-29   in the fiscal year ending on June 30, 2001;

80-30      (b) Determine for each county an amount from the total

80-31   amount to be allocated using the following formula:

80-32         (1) Two-thirds in proportion to population; and

80-33         (2) One-third in proportion to road mileage and street

80-34   mileage of improved roads or streets maintained by the

80-35   county or an incorporated city located within the

80-36  county,

80-37  and compare that amount to the amount allocated to the

80-38   county pursuant to paragraph (a);

80-39      (c) Identify each county for which the amount determined

80-40   pursuant to paragraph (b) is greater than the amount allocated

80-41   to the county pursuant to paragraph (a); and

80-42      (d) Allocate to any county which is identified pursuant to

80-43   paragraph (c), using the formula set forth in paragraph (b),

80-44   any amount from the tax levied pursuant to NRS 365.180

80-45   that remains after the allocation required pursuant to

80-46  paragraph (a).

81-1      2.  Within 10 calendar days after June 1 of each fiscal

81-2  year, the department shall:

81-3      (a) Project the total amount that each county will be

81-4   allocated pursuant to subsection 1 for the current fiscal year.

81-5      (b) If the total amount allocated to all the counties will

81-6   not exceed the total amount that was received by all the

81-7   counties for the fiscal year ending on June 30, 2001, adjust

81-8   the final monthly allocation to be made to each county so

81-9   that each county is allocated a percentage of the total amount

81-10   to be allocated that is equal to the percentage of the total

81-11   amount allocated to that county in the fiscal year ending on

81-12   June 30, 2001.

81-13      (c) If a county receives an allocation pursuant to

81-14   paragraph (d) of subsection 1, determine whether the total

81-15   monthly allocations projected to be made to that county

81-16   pursuant to subsection 1 for the current fiscal year exceed the

81-17   total amount the county received in the fiscal year ending on

81-18   June 30, 2001. If the total monthly allocations projected to be

81-19   made to the county do not exceed the total amount the county

81-20   received in the fiscal year ending on June 30, 2001, the

81-21   department shall adjust the final monthly allocation to be

81-22   made to the county for the current fiscal year so that the total

81-23   amount allocated to the county for the current fiscal year

81-24   equals the total amount the county received in the fiscal year

81-25   ending on June 30, 2001.

81-26     3.  Of the money allocated to each county pursuant to the

81-27   provisions of subsections 1 and 2:

81-28      (a) An amount equal to that part of the allocation which

81-29   represents 1.25 cents of the tax per gallon must be used

81-30   exclusively for the service and redemption of revenue bonds

81-31   issued pursuant to chapter 373 of NRS, for the construction,

81-32   maintenance and repair of county roads, and for the purchase

81-33   of equipment for that construction, maintenance and repair,

81-34   under the direction of the boards of county commissioners of

81-35   the several counties, and must not be used to defray expenses

81-36   of administration; and

81-37      (b) An amount equal to that part of the allocation which

81-38   represents 2.35 cents of the tax per gallon must be allocated

81-39   to the county, if there are no incorporated cities in the

81-40   county, or to the county and any incorporated cities in the

81-41   county, if there is at least one incorporated city in the county,

81-42   pursuant to the following formula:

81-43         (1) One-fourth in proportion to total area.

81-44         (2) One-fourth in proportion to population.

81-45         (3) One-fourth in proportion to road mileage and street

81-46   mileage of nonfederal aid primary roads.

82-1          (4) One-fourth in proportion to vehicle miles of travel

82-2  on nonfederal aid primary roads.

82-3  For the purpose of applying the formula, the area of the

82-4   county excludes the area included in any incorporated city.

82-5      4.  The amount allocated to the counties and incorporated

82-6   cities pursuant to subsections 1, 2 and 3 must be remitted

82-7   monthly. The state controller shall draw his warrants payable

82-8   to the county treasurer of each of the several counties and the

82-9   city treasurer of each of the several incorporated cities, as

82-10   applicable, and the state treasurer shall pay the warrants out

82-11   of the proceeds of the tax levied pursuant to NRS 365.180.

82-12     5.  The formula computations must be made as of July 1

82-13   of each year by the department, based on estimates which

82-14   must be furnished by the department of transportation and, if

82-15   applicable, any adjustments to the estimates determined to be

82-16   appropriate by the committee pursuant to subsection 9.

82-17   Except as otherwise provided in subsection 9, the

82-18   determination made by the department is conclusive.

82-19     6.  The department of transportation shall complete:

82-20      (a) The estimates of the total mileage of improved roads

82-21   or streets maintained by each county and incorporated city on

82-22   or before August 31 of each year.

82-23      (b) A physical audit of the information submitted by each

82-24   county and incorporated city pursuant to subsection 7 at least

82-25   once every 10 years.

82-26     7.  Each county and incorporated city shall, not later than

82-27   March 1 of each year, submit a list to the department of

82-28   transportation setting forth:

82-29      (a) Each improved road or street that is maintained by the

82-30   county or city; and

82-31      (b) The beginning and ending points and the total mileage

82-32   of each of those improved roads or streets.

82-33  Each county and incorporated city shall, at least 10 days

82-34   before the list is submitted to the department of

82-35   transportation, hold a public hearing to identify and

82-36   determine the improved roads and streets maintained by the

82-37   county or city.

82-38     8.  If a county or incorporated city does not agree with

82-39   the estimates prepared by the department of transportation

82-40   pursuant to subsection 6, the county or incorporated city may

82-41   request that the [subcommittee] committee examine the

82-42   estimates and recommend an adjustment to the estimates.

82-43   Such a request must be submitted to the [subcommittee]

82-44   committee not later than October 15.

82-45     9.  [The subcommittee shall review any request it

82-46   receives pursuant to subsection 8 and report to the committee

83-1  its findings and any recommendations for an adjustment to

83-2  the estimates it determines is appropriate.] The committee

83-3   shall hold a public hearing and review any request it receives

83-4   pursuant to subsection 8 and determine whether an

83-5   adjustment to the estimates is appropriate on or before

83-6   December 31 of the year it receives a request pursuant to

83-7   subsection 8. Any determination made by the committee

83-8   pursuant to this subsection is conclusive.

83-9      10.  The [subcommittee] committee shall monitor the

83-10   fiscal impact of the formula set forth in this section on

83-11   counties and incorporated cities . [and report regularly to the

83-12   committee] Biennially, the committee shall prepare a report

83-13   concerning its findings and recommendations regarding that

83-14   fiscal impact[.] and submit the report on or before

83-15   February 15 of each odd-numbered year to the director of

83-16   the legislative counsel bureau for transmittal to the senate

83-17   and assembly committees on taxation of the nevada

83-18   legislature for their review.

83-19      11.  As used in this section:

83-20      (a) “Committee” means the [legislative committee for

83-21   local government taxes and finance established pursuant to

83-22   NRS 218.53881.] committee on local government finance

83-23   created pursuant to section 4 of Senate Bill No. 317 of this

83-24   session.

83-25      (b) “Construction, maintenance and repair” includes the

83-26   acquisition, operation or use of any material, equipment or

83-27   facility that is used exclusively for the construction,

83-28   maintenance or repair of a county or city road and is

83-29   necessary for the safe and efficient use of that road,

83-30   including, without limitation:

83-31         (1) Grades and regrades;

83-32         (2) Graveling, oiling, surfacing, macadamizing and

83-33   paving;

83-34         (3) Sweeping, cleaning and sanding roads and

83-35   removing snow from a road;

83-36         (4) Crosswalks and sidewalks;

83-37         (5) Culverts, catch basins, drains, sewers and

83-38   manholes;

83-39         (6) Inlets and outlets;

83-40         (7) Retaining walls, bridges, overpasses, underpasses,

83-41   tunnels and approaches;

83-42         (8) Artificial lights and lighting equipment, parkways,

83-43   control of vegetation and sprinkling facilities;

83-44         (9) Rights of way;

83-45         (10) Grade and traffic separators;

84-1          (11) Fences, cattle guards and other devices to control

84-2  access to a county or city road;

84-3          (12) Signs and devices for the control of traffic; and

84-4          (13) Facilities for personnel and the storage of

84-5   equipment used to construct, maintain or repair a county or

84-6   city road.

84-7      (c) “Improved road or street” means a road or street that

84-8   is, at least:

84-9          (1) Aligned and graded to allow reasonably convenient

84-10   use by a motor vehicle; and

84-11         (2) Drained sufficiently by a longitudinal and

84-12   transverse drainage system to prevent serious impairment of

84-13   the road or street by surface water.

84-14      [(d) “Subcommittee” means the subcommittee appointed

84-15   pursuant to NRS 218.53884.]

84-16      Sec. 6.  1.  This section and sections 3 and 4 of this act

84-17   become effective on July 1, 2001.

84-18     2.  Section 1 of this act becomes effective at 12:01 a.m.

84-19   on July 1, 2001.

84-20     3.  Sections [1,] 3 and 4 of this act expire by limitation on

84-21   July 1, 2005.

84-22     4.  Section 2 of this act becomes effective [at 12:01 a.m.]

84-23   on July 1, 2005.

84-24     Sec. 43. Section 12 of chapter 340, Statutes of Nevada 2001,

84-25   at page 1614, is hereby amended to read as follows:

84-26      Sec. 12.  1.  This section and sections 1 to 5, inclusive,

84-27   7, 7.5 and 8 of this act become effective on October 1, 2001.

84-28     2.  Section 6 of this act becomes effective on October 1,

84-29   2005.

84-30     3.  Sections [9,] 10 and 11 of this act become effective on

84-31   the date on which the provisions of 42 U.S.C. § 666

84-32   requiring each state to establish procedures under which the

84-33   state has authority to withhold or suspend, or to restrict the

84-34   use of professional, occupational and recreational licenses of

84-35   persons who:

84-36      (a) Have failed to comply with a subpoena or warrant

84-37   relating to a procedure to determine the paternity of a child

84-38   or to establish or enforce an obligation for the support of a

84-39   child; or

84-40      (b) Are in arrears in the payment for the support of one or

84-41   more children,

84-42  are repealed by the Congress of the United States.

84-43     4.  [Sections 2, 5 and 9] Section 2 of this act [expire]

84-44   expires by limitation on September 30, 2005.

84-45     5.  Section 9 of this act becomes effective on the date on

84-46   which the provisions of 42 U.S.C. § 666 requiring each

84-47   state

85-1  to establish procedures under which the state has authority

85-2  to withhold or suspend, or to restrict the use of professional,

85-3   occupational and recreational licenses of persons who:

85-4      (a) Have failed to comply with a subpoena or warrant

85-5   relating to a procedure to determine the paternity of a child

85-6   or to establish or enforce an obligation for the support of a

85-7   child; or

85-8      (b) Are in arrears in the payment for the support of one

85-9   or more children,

85-10  are repealed by the Congress of the United States only if

85-11   that date occurs before September 30, 2005. If section 9 of

85-12   this act becomes effective, that section expires by limitation

85-13   on September 30, 2005.

85-14     Sec. 44. Section 16 of chapter 344, Statutes of Nevada 2001,

85-15   at page 1636, is hereby amended to read as follows:

85-16      Sec. 16.  1.  This section and [section] sections 13 and

85-17   15 of this act become effective upon passage and approval.

85-18     2.  Sections 1 and 12 of this act become effective upon

85-19   passage and approval for the purpose of adopting regulations

85-20   and at 12:01 a.m. on October 1, 2001, for all other purposes.

85-21     3.  Sections 2, 3, 4 and 6 to 10, inclusive, of this act

85-22   become effective on July 1, 2001.

85-23     4.  Section 5 of this act becomes effective at 12:01 a.m.

85-24   on July 1, 2001.

85-25     5.  Section 14 of this act becomes effective at 12:02 a.m.

85-26   on July 1, 2001.

85-27     6.  [Sections 11 and 13] Section 11 of this act [become]

85-28   becomes effective at 12:01 a.m. on October 1, 2001.

85-29     Sec. 45. Sections 3 and 4 of chapter 345, Statutes of Nevada

85-30   2001, at pages 1638 and 1639, respectively, are hereby amended to

85-31   read respectively as follows:

85-32      Sec. 3.  NRS 176A.110 is hereby amended to read as

85-33   follows:

85-34      176A.110  1.  The court shall not grant probation to or

85-35   suspend the sentence of a person convicted of an offense

85-36   listed in subsection 3 unless :

85-37      (a) If a psychosexual evaluation of the person is

85-38   required pursuant to NRS 176.139, the person who

85-39   conducts the psychosexual evaluation certifies in the report

85-40   prepared pursuant to NRS 176.139 that the person

85-41   convicted of the offense does not represent a high risk to

85-42   reoffend based upon a currently accepted standard of

85-43   assessment; or

85-44      (b) If a psychosexual evaluation of the person is not

85-45   required pursuant to NRS 176.139, a psychologist licensed

85-46   to practice in this state who is trained to conduct

85-47   psychosexual evaluations or a psychiatrist licensed to

86-1  practice medicine in this state who is certified by the

86-2  American Board of Psychiatry and Neurology and is trained

86-3   to conduct psychosexual evaluations certifies in a written

86-4   report to the court that the person [is not a menace to the

86-5   health, safety or morals of others.] convicted of the offense

86-6   does not represent a high risk to reoffend based upon a

86-7   currently accepted standard of assessment.

86-8      2.  This section does not create a right in any person to be

86-9   certified or to continue to be certified . [and no] No person

86-10   may bring a cause of action against the state, its political

86-11   subdivisions, or the agencies, boards, commissions,

86-12   departments, officers or employees of the state or its

86-13   political subdivisions for not certifying a person pursuant to

86-14   this section or for refusing to consider a person for

86-15   certification pursuant to this section.

86-16     3.  The provisions of this section apply to a person

86-17   convicted of any of the following offenses:

86-18      (a) Attempted sexual assault of a person who is 16 years

86-19   of age or older pursuant to NRS 200.366.

86-20      (b) Statutory sexual seduction pursuant to NRS 200.368.

86-21      (c) Battery with intent to commit sexual assault pursuant

86-22   to NRS 200.400.

86-23      (d) Abuse or neglect of a child pursuant to NRS 200.508.

86-24      (e) An offense involving pornography and a minor

86-25   pursuant to NRS 200.710 to 200.730, inclusive.

86-26      (f) Incest pursuant to NRS 201.180.

86-27      (g) Solicitation of a minor to engage in acts constituting

86-28   the infamous crime against nature pursuant to NRS 201.195.

86-29      (h) Open or gross lewdness pursuant to NRS 201.210.

86-30      (i) Indecent or obscene exposure pursuant to

86-31  NRS 201.220.

86-32      (j) Lewdness with a child pursuant to NRS 201.230.

86-33      (k) Sexual penetration of a dead human body pursuant to

86-34   NRS 201.450.

86-35      (l) Luring a child using a computer, system or network

86-36   pursuant to section 4 of [this act,] Senate Bill No. 551 of this

86-37   session, if punished as a felony.

86-38      (m) A violation of NRS 207.180.

86-39      (n) An attempt to commit an offense listed in paragraphs

86-40   (b) to (m), inclusive.

86-41      (o) Coercion or attempted coercion that is determined to

86-42   be sexually motivated pursuant to NRS 207.193.

86-43      Sec. 4.  NRS 176A.850 is hereby amended to read as

86-44   follows:

86-45      176A.850  1.  A person who:

87-1      (a) Has fulfilled the conditions of his probation for the

87-2  entire period thereof;

87-3      (b) Is recommended for earlier discharge by the division;

87-4   or

87-5      (c) Has demonstrated his fitness for honorable discharge

87-6   but because of economic hardship, verified by a parole and

87-7   probation officer, has been unable to make restitution as

87-8   ordered by the court,

87-9  may be granted an honorable discharge from probation by

87-10   order of the court.

87-11     2.  Any amount of restitution remaining unpaid

87-12   constitutes a civil liability arising upon the date of discharge.

87-13     3.  A person honorably discharged from probation [is] :

87-14      (a) Is free from the terms and conditions of his probation

87-15   [and] ;

87-16      (b) If he meets the requirements of NRS 176A.860, may

87-17   apply to the division[, in person or by attorney, pursuant to

87-18   NRS 176A.860, for the] to request a restoration of his civil

87-19   rights ; and[, to the court, pursuant to]

87-20      (c) If he meets the requirements of NRS 179.245, may

87-21   apply to the court for the sealing of records relating to his

87-22   conviction. [He]

87-23  The person must be informed of [these privileges] the

87-24   provisions of this section and NRS 176A.860 and 179.245

87-25   in his probation papers.

87-26     4.  A person honorably discharged from probation who

87-27   has had his civil rights restored by the court:

87-28      (a) Is exempt from the requirements of chapter 179C of

87-29   NRS, but is not exempt from the requirements of chapter

87-30   179D of NRS.

87-31      (b) May vote, hold office or serve as a juror.

87-32      (c) Shall disclose the conviction to a gaming

87-33   establishment and to the state[,] and its agencies,

87-34   departments, boards, commissions and political subdivisions,

87-35   if required in an application for employment, license or other

87-36   permit. As used in this paragraph, “establishment” has the

87-37   meaning ascribed to it in NRS 463.0148.

87-38      (d) Except as otherwise provided in paragraph (c), need

87-39   not disclose the conviction to an employer or prospective

87-40   employer.

87-41     5.  The prior conviction of a person whose civil rights

87-42   have been restored or who has been honorably discharged

87-43   from probation may be used for purposes of impeachment. In

87-44   any subsequent prosecution of the person who has had his

87-45   civil rights restored or who has been honorably discharged

88-1  from probation, the prior conviction may be pleaded and

88-2  proved if otherwise admissible.

88-3      Sec. 46. Section 2 of chapter 346, Statutes of Nevada 2001, at

88-4   page 1642, is hereby amended to read as follows:

88-5      Sec. 2.  NRS 244A.7641 is hereby amended to read as

88-6   follows:

88-7      244A.7641  As used in NRS 244A.7641 to 244A.7647,

88-8   inclusive, [and] section 1 of [this act,] Senate Bill No. 569 of

88-9   this session and section 1 of this act, unless the context

88-10   otherwise requires:

88-11     1.  “Mobile telephone service” means cellular or other

88-12   service to a telephone installed in a vehicle or which is

88-13   otherwise portable.

88-14     2.  “Place of primary use” has the meaning ascribed to

88-15   it in 4 U.S.C. § 124(8), as that section existed on August 1,

88-16   2002.

88-17     3.  “Supplier” means a person authorized by the Federal

88-18   Communications Commission to provide mobile telephone

88-19   service.

88-20     Sec. 47. Section 10 of chapter 350, Statutes of Nevada 2001,

88-21   at page 1660, is hereby amended to read as follows:

88-22      Sec. 10.  NRS 280.266 is hereby amended to read as

88-23   follows:

88-24      280.266  1.  Upon the adoption of a resolution pursuant

88-25   to NRS 350.087, the committee may issue a medium-term

88-26   obligation to purchase capital equipment or enter into a

88-27   lease-purchase agreement for capital equipment.

88-28     2.  The committee is not required to comply with the

88-29   provisions of NRS 350.089 if it enters a lease-purchase

88-30   agreement for capital equipment.

88-31     3.  If a participating political subdivision withdraws

88-32   from the department, the withdrawing political subdivision

88-33   becomes liable for the proportion of the indebtedness for

88-34   the medium-term obligations issued pursuant to this section

88-35   that is attributable to the withdrawing political subdivision

88-36   based on the percentage of the department’s expenses paid

88-37   by the withdrawing political subdivision pursuant to the

88-38   formula in effect at the time the medium-term obligations

88-39   were issued.

88-40     4.  Each participating political subdivision at the time

88-41   of dissolution becomes liable for the proportion of the

88-42   indebtedness for the medium-term obligations issued

88-43   pursuant to this section that is attributable to each

88-44   participating political subdivision based on the percentage

88-45   of the department’s expenses paid by each participating

89-1  political subdivision pursuant to the formula in effect at the

89-2  time the medium-term obligations were issued.

89-3      Sec. 48. Sections 7 and 12 of chapter 356, Statutes of Nevada

89-4   2001, at pages 1683 and 1689, respectively, are hereby amended to

89-5   read respectively as follows:

89-6      Sec. 7.  NRS 278.260 is hereby amended to read as

89-7   follows:

89-8      278.260  1.  The governing body shall provide for the

89-9   manner in which zoning regulations and restrictions and the

89-10   boundaries of zoning districts are determined, established,

89-11   enforced and amended.

89-12     2.  A zoning regulation, restriction or boundary or an

89-13   amendment thereto must not become effective until after

89-14   transmittal of a copy of the relevant application to the town

89-15   board, citizens’ advisory council or town advisory board

89-16   pursuant to subsection 5, if applicable, and after a public

89-17   hearing at which parties in interest and other persons have an

89-18   opportunity to be heard. The governing body shall cause

89-19   notice of the time and place of the hearing to be:

89-20      (a) Published in an official newspaper, or a newspaper of

89-21   general circulation, in the city, county or region; and

89-22      (b) Mailed to each tenant of a mobile home park if that

89-23   park is located within 300 feet of the property in

89-24  question,

89-25  at least 10 days before the hearing.

89-26     3.  If [the] a proposed amendment involves a change in

89-27   the boundary of a zoning district in a county whose

89-28   population is less than 400,000, the governing body shall, to

89-29   the extent this notice does not duplicate the notice required

89-30   by subsection 2, cause a notice to be sent at least 10 days

89-31   before the hearing to:

89-32      (a) The applicant;

89-33      (b) Each owner, as listed on the county assessor’s records,

89-34   of real property located within 300 feet of the portion of the

89-35   boundary being changed;

89-36      (c) The owner, as listed on the county assessor’s records,

89-37   of each of the 30 separately owned parcels nearest to the

89-38   portion of the boundary being changed, to the extent this

89-39   notice does not duplicate the notice given pursuant to

89-40   paragraph (b); and

89-41      (d) Any advisory board which has been established for

89-42   the affected area by the governing body.

89-43  The notice must be sent by mail or, if requested by a party to

89-44   whom notice must be provided pursuant to paragraphs (a) to

89-45   (d), inclusive, by electronic means if receipt of such an

89-46   electronic notice can be verified, and be written in language

90-1  which is easy to understand. The notice must set forth the

90-2  time, place and purpose of the hearing and a physical

90-3   description of, or a map detailing, the proposed change, must

90-4   indicate the existing zoning designation, and the proposed

90-5   zoning designation, of the property in question, and must

90-6   contain a brief summary of the intent of the proposed change.

90-7   If the proposed amendment involves a change in the

90-8   boundary of the zoning district that would reduce the density

90-9   or intensity with which a parcel of land may be used, the

90-10   notice must include a section that an owner of property may

90-11   complete and return to the governing body to indicate his

90-12   approval of or opposition to the proposed amendment.

90-13     4.  If [the] a proposed amendment involves a change in

90-14   the boundary of a zoning district in a county whose

90-15   population is 400,000 or more, the governing body shall, to

90-16   the extent this notice does not duplicate the notice required

90-17   by subsection 2, cause a notice to be sent at least 10 days

90-18   before the hearing to:

90-19      (a) The applicant;

90-20      (b) Each owner, as listed on the county assessor’s records,

90-21   of real property located within 500 feet [from] of the portion

90-22   of the boundary being changed;

90-23      (c) The owner, as listed on the county assessor’s records,

90-24   of each of the 30 separately owned parcels nearest to the

90-25   portion of the boundary being changed, to the extent this

90-26   notice does not duplicate the notice given pursuant to

90-27   paragraph (b); and

90-28      (d) Any advisory board which has been established for

90-29   the affected area by the governing body.

90-30  The notice must be sent by mail or, if requested by a party to

90-31   whom notice must be provided pursuant to paragraphs (a) to

90-32   (d), inclusive, by electronic means if receipt of such an

90-33   electronic notice can be verified, and be written in language

90-34   which is easy to understand. The notice must set forth the

90-35   time, place and purpose of the hearing and a physical

90-36   description of, or a map detailing, the proposed change, must

90-37   indicate the existing zoning designation, and the proposed

90-38   zoning designation, of the property in question, and must

90-39   contain a brief summary of the intent of the proposed change.

90-40   If the proposed amendment involves a change in the

90-41   boundary of the zoning district that would reduce the density

90-42   or intensity with which a parcel of land may be used, the

90-43   notice must include a section that an owner of property may

90-44   complete and return to the governing body to indicate his

90-45   approval of or opposition to the proposed amendment.

91-1      5.  If an application is filed with the governing body

91-2  and the application involves a change in the boundary of a

91-3   zoning district within an unincorporated town that is

91-4   located more than 10 miles from an incorporated city, the

91-5   governing body shall, at least 10 days before the hearing on

91-6   the application is held pursuant to subsection 2, transmit a

91-7   copy of any information pertinent to the application to the

91-8   town board, citizens’ advisory council or town advisory

91-9   board, whichever is applicable, of the unincorporated town.

91-10   The town board, citizens’ advisory council or town advisory

91-11   board may make recommendations regarding the

91-12   application and submit its recommendations before the

91-13   hearing on the application is held pursuant to subsection 2.

91-14   The governing body or other authorized person or entity

91-15   conducting the hearing shall consider any

91-16   recommendations submitted by the town board, citizens’

91-17   advisory council or town advisory board regarding the

91-18   application and, within 10 days after making its decision on

91-19   the application, transmit a copy of its decision to the town

91-20   board, citizens’ advisory council or town advisory board.

91-21     6.  If a notice is required to be sent pursuant to

91-22  subsection 4:

91-23      (a) The exterior of a notice sent by mail; or

91-24      (b) The cover sheet, heading or subject line of a notice

91-25   sent by electronic means,

91-26  must bear a statement in at least 10-point bold type or font in

91-27   substantially the following form:

 

91-28  OFFICIAL NOTICE OF PUBLIC HEARING

 

91-29      [6.] 7.  In addition to sending the notice required

91-30   pursuant to subsection 4, in a county whose population is

91-31   400,000 or more, the governing body shall, not later than 10

91-32   days before the hearing, erect or cause to be erected on the

91-33   property, at least one sign not less than 2 feet high and 2 feet

91-34   wide. The sign must be made of material reasonably

91-35   calculated to withstand the elements for 40 days. The

91-36   governing body must be consistent in its use of colors for the

91-37   background and lettering of the sign. The sign must include

91-38   the following information:

91-39      (a) The existing zoning designation of the property in

91-40   question;

91-41      (b) The proposed zoning designation of the property in

91-42   question;

91-43      (c) The date, time and place of the public hearing;

92-1      (d) A telephone number which may be used by interested

92-2  persons to obtain additional information; and

92-3      (e) A statement which indicates whether the proposed

92-4   zoning designation of the property in question complies with

92-5   the requirements of the master plan of the city or county in

92-6   which the property is located.

92-7      [7.] 8. A sign required pursuant to subsection [6] 7 is for

92-8   informational purposes only, and must be erected regardless

92-9   of any local ordinance regarding the size, placement or

92-10   composition of signs to the contrary.

92-11      [8.] 9.  A governing body may charge an additional fee

92-12   for each application to amend an existing zoning regulation,

92-13   restriction or boundary to cover the actual costs resulting

92-14   from the mailed notice required by this section and the

92-15   erection of not more than one of the signs required by

92-16   subsection [6,] 7, if any. The additional fee is not subject to

92-17   the limitation imposed by NRS 354.5989.

92-18      [9.] 10.  The governing body shall remove or cause to be

92-19   removed any sign required by subsection [6] 7 within 5 days

92-20   after the final hearing for the application for which the sign

92-21   was erected. There must be no additional charge to the

92-22   applicant for such removal.

92-23      [10.] 11.  If a proposed amendment involves a change in

92-24   the boundary of a zoning district in a county whose

92-25   population is 400,000 or more that would reduce the density

92-26   or intensity with which a parcel of land may be used and at

92-27   least 20 percent of the property owners to whom notices

92-28   were sent pursuant to subsection 4 indicate in their responses

92-29   opposition to the proposed amendment, the governing body

92-30   shall not approve the proposed amendment unless the

92-31   governing body:

92-32      (a) Considers separately the merits of each aspect of the

92-33   proposed amendment to which the owners expressed

92-34   opposition; and

92-35      (b) Makes a written finding that the public interest and

92-36   necessity will be promoted by approval of the proposed

92-37   amendment.

92-38      [11.] 12.  The governing body of a county whose

92-39   population is 400,000 or more shall not approve a zoning

92-40   regulation, restriction or boundary, or an amendment thereof,

92-41   that affects any unincorporated area of the county that is

92-42   surrounded completely by the territory of an incorporated

92-43   city without sending a notice to the governing body of the

92-44   city. The governing body of the city, or its designee, must

92-45   submit any recommendations to the governing body of the

92-46   county within 15 days after receiving the notice. The

92-47   governing body

93-1  of the county shall consider any such recommendations. If the

93-2  governing body of the county does not accept a

93-3   recommendation, the governing body of the county, or its

93-4   authorized agent, shall specify for the record the reasons for

93-5   its action.

93-6      Sec. 12.  1.  This section and sections 1, 2, 3, 5 [to 8,

93-7   inclusive,] , 6, 8, 10 and 11 of this act become effective on

93-8   October 1, 2001.

93-9      2.  Section 7 of this act becomes effective at 12:01 a.m.

93-10   on October 1, 2001.

93-11     3.  Sections 4 and 9 of this act become effective on

93-12   January 1, 2002.

93-13     Sec. 49. 1.  Section 14 of chapter 358, Statutes of Nevada

93-14   2001, at page 1697, is hereby amended to read as follows:

93-15      Sec. 14.  The amendatory provisions of sections 1 to 13,

93-16   inclusive, of this act apply to:

93-17     1.  A petition for an order to seal records pursuant to

93-18   NRS 179.245 or 179.255 that is filed on or after the effective

93-19   date of this act.

93-20     2.  An application for restoration of civil rights pursuant

93-21   to NRS 176A.860, 213.090, 213.155 or 213.157 that is filed

93-22   on or after the effective date of this act.

93-23     2.  Chapter 358, Statutes of Nevada 2001, at page 1697, is

93-24   hereby amended by adding thereto new sections to be designated as

93-25   sections 13.3 and 13.7, immediately following section 13, to read

93-26   respectively as follows:

93-27      Sec. 13.3.  Section 7 of chapter 345, Statutes of Nevada

93-28   2001, at page 1641, is hereby amended to read as follows:

93-29      Sec. 7.  1.  The amendatory provisions of sections 1,

93-30   2 and 3 of this act apply to any person who is given a

93-31   psychosexual evaluation pursuant to NRS 176.139 or who

93-32   is subject to the provisions of NRS 176A.110 on or after

93-33   October 1, 2001, whether or not the person was convicted

93-34   before, on or after October 1, 2001.

93-35      2.  The amendatory provisions of [sections 4 and 5]

93-36   section 4 of this act apply to any person who applies to

93-37   the division of parole and probation of the department of

93-38   motor vehicles and public safety to request a restoration

93-39   of his civil rights pursuant to NRS 176A.860 on or after

93-40   October 1, 2001, whether or not the person was convicted

93-41   before, on or after October 1, 2001.

93-42      3.  The amendatory provisions of section 6 of this act

93-43   apply to any person who is subject to the provisions of

93-44   NRS 213.1214 on or after October 1, 2001, whether or

93-45   not the person was convicted before, on or after October

93-46   1, 2001.

94-1      Sec. 13.7.  Section 5 of chapter 345, Statutes of Nevada

94-2  2001, at page 1640, is hereby repealed.

94-3      Sec. 50. Section 1 of chapter 360, Statutes of Nevada 2001, at

94-4   page 1698, is hereby amended to read as follows:

94-5      Section 1.  NRS 48.061 is hereby amended to read as

94-6   follows:

94-7  48.061  [Evidence]

94-8      1.  Except as otherwise provided in subsection 2,

94-9   evidence of domestic violence [as defined in NRS 33.018]

94-10   and expert testimony concerning the effect of domestic

94-11   violence , including, without limitation, the effect of

94-12   physical, emotional or mental abuse, on the beliefs,

94-13   behavior and perception of the [person alleging] alleged

94-14   victim of the domestic violence that is offered by the

94-15   prosecution or defense is admissible in [chief and in

94-16   rebuttal,] a criminal proceeding for any relevant purpose,

94-17   including, without limitation, when determining:

94-18      [1.] (a) Whether a [person] defendant is excepted from

94-19   criminal liability pursuant to subsection 6 of NRS 194.010,

94-20   to show the state of mind of the defendant.

94-21      [2.] (b) Whether a [person] defendant in accordance with

94-22   NRS 200.200 has killed another in self-defense, toward the

94-23   establishment of the legal defense.

94-24     2.  Expert testimony concerning the effect of domestic

94-25   violence may not be offered against a defendant pursuant

94-26   to subsection 1 to prove the occurrence of an act which

94-27   forms the basis of a criminal charge against the defendant.

94-28     3.  As used in this section, “domestic violence” means

94-29   the commission of any act described in NRS 33.018.

94-30     Sec. 51. Section 8 of chapter 365, Statutes of Nevada 2001, at

94-31   page 1719, is hereby amended to read as follows:

94-32      Sec. 8.  NRS 488.580 is hereby amended to read as

94-33   follows:

94-34      488.580

 1.  A person shall not operate or authorize

94-35   another person to operate a personal watercraft under his

94-36   ownership or control:

94-37      (a) In a reckless or negligent manner so as to endanger the

94-38   life or property of another person.

94-39      (b) Unless the operator and each passenger is wearing a

94-40   personal flotation device of a type approved by the United

94-41   States Coast Guard and prescribed by the regulations of the

94-42   commission.

94-43      (c) Unless the operator is at least [12] 14 years of age.

94-44      (d) Unless the operator satisfies any applicable

94-45   provisions of section 5 of this act.

95-1      2.  There is prima facie evidence that a person is

95-2  operating a personal watercraft in a reckless or negligent

95-3   manner if that person commits two or more of the following

95-4   acts simultaneously:

95-5      (a) Operates the personal watercraft within a zone closer

95-6   than 5 lengths of the longest vessel, unless both are leaving a

95-7   flat wake or traveling at a speed of not more than 5 nautical

95-8   miles per hour.

95-9      (b) Operates the personal watercraft in the vicinity of a

95-10   motorboat in a manner that obstructs the visibility of either

95-11   operator.

95-12      (c) Heads into the wake of a motorboat which is within a

95-13   zone closer than 5 lengths of the longest vessel and causes

95-14   one-half or more of the length of the personal watercraft to

95-15   leave the water.

95-16      (d) Within a zone closer than 5 lengths of the longest

95-17   vessel, maneuvers quickly, turns sharply or swerves, unless

95-18   the maneuver is necessary to avoid collision.

95-19     3.  As used in this section, “personal watercraft” means a

95-20   class A motorboat which:

95-21      (a) Is less than 13 feet in length;

95-22      (b) Is designed to be operated by a person sitting,

95-23   standing or kneeling on, rather than in, the motorboat;

95-24      (c) Is capable of performing sharp turns or quick

95-25   maneuvers; and

95-26      (d) Has a motor that exceeds 10 horsepower.

95-27     Sec. 52. 1.  Sections 12, 20, 42, 55, 57, 63 and 73 of chapter

95-28   370, Statutes of Nevada 2001, at pages 1736, 1740, 1750, 1755,

95-29   1756, 1759 and 1762, respectively, are hereby amended to read

95-30   respectively as follows:

95-31      Sec. 12.  NRS 247.110 is hereby amended to read as

95-32   follows:

95-33      247.110  1.  When a document authorized by law to be

95-34   recorded is deposited in the county recorder’s office for

95-35   recording, the county recorder shall:

95-36      (a) Endorse upon it the time when it was received, noting:

95-37         (1) The year, month, day, hour and minute of its

95-38   reception;

95-39         (2) The document number; and

95-40         (3) The amount of fees collected for recording the

95-41   document.

95-42      (b) Record the document without delay, together with the

95-43   acknowledgments, proofs and certificates, written upon or

95-44   annexed to it, with the plats, surveys, schedules and other

95-45   papers thereto annexed, in the order in which the papers are

95-46   received for recording.

96-1      (c) Note at the upper right corner of the record and upon

96-2  the document , except a map, so recorded the exact time of its

96-3   reception, and the name of the person at whose request it was

96-4   recorded.

96-5      (d) Upon request, place a stamp or other notation upon

96-6   one copy of the document presented at the time of recording

96-7   to reflect the information endorsed upon the original

96-8   pursuant to subparagraphs (1) and (2) of paragraph (a) and as

96-9   evidence that he received the original, and return the copy to

96-10   the person who presented it.

96-11     2.  In addition to the information described in paragraph

96-12   (a) of subsection 1, a county recorder may endorse upon a

96-13   document the book and page where the document is

96-14   recorded.

96-15     3.  A county recorder shall not refuse to record a

96-16   document on the grounds that the document is not legally

96-17   effective to accomplish the purposes stated therein.

96-18     4.  A document, except a map, that is submitted for

96-19   recording must:

96-20      (a) Be on paper that is 8 1/2 inches by 11 inches in size;

96-21      (b) Have a margin of 1 inch on the left and right sides

96-22   and at the bottom of each page; and

96-23      (c) Have a space of 3 inches by 3 inches at the upper

96-24   right corner of the first page and have a margin of 1 inch at

96-25   the top of each succeeding page.

96-26      Sec. 20.  NRS 247.180 is hereby amended to read as

96-27   follows:

96-28      247.180  1.  Except as otherwise provided in NRS

96-29   111.312, whenever [an instrument] a document conveying,

96-30   encumbering or mortgaging both real and personal property

96-31   is presented to [any] a county recorder for recording, the

96-32   county recorder shall record the [instrument in a book kept

96-33   by him for that purpose, which ] document. The record must

96-34   be indexed in the real estate index as deeds and other

96-35   conveyances are required by law to be indexed, and for

96-36   which [he] the county recorder may receive the same fees as

96-37   are allowed by law for recording and indexing deeds and

96-38   other [instruments,] documents, but only one fee for the

96-39   recording of [any instrument] a document may be collected.

96-40     2.  A county recorder who records [an instrument] a

96-41   document pursuant to this section shall, within 7 working

96-42   days after he records the [instrument,] document, provide to

96-43   the county assessor at no charge:

96-44      (a) A duplicate copy of the [instrument] document and

96-45   any supporting documents; or

96-46      (b) Access to the digital [instrument] document and any

96-47   digital supporting documents.

97-1      Sec. 42.  NRS 39.040 is hereby amended to read as

97-2  follows:

97-3      39.040  Immediately after filing the complaint, the

97-4   plaintiff shall [file] record with the recorder of the county in

97-5   which the property is situated, a notice of the pendency of

97-6   the action, containing the names of the parties so far as

97-7   known, the object of the action[,] and a description of the

97-8   property to be affected thereby. From the time of the [filing]

97-9   recording of the notice, except as otherwise provided in NRS

97-10   14.017, it shall be deemed notice to all persons.

97-11      Sec. 55.  NRS 123.150 is hereby amended to read as

97-12   follows:

97-13      123.150  1.  [When] If a married person is a resident of

97-14   this state, the [filing for record] recording of the inventory of

97-15   [such] the person’s separate property in the office of the

97-16   recorder of the county in which [such] the person resides is

97-17   notice of [such] the person’s title to the [same,] separate

97-18   property, except as to any real property situate in another

97-19   county , [;] and as to [such] that real property, the [filing for

97-20   record] recording of the inventory thereof in the office of the

97-21   recorder of the county where the same is situate, is notice of

97-22   [such] the person’s title thereto.

97-23     2.  [When] If a married person is not a resident of this

97-24   state, the [filing for record] recording of the inventory of

97-25   [such] the person’s separate property in the office of the

97-26   recorder of the county where any portion of [such] the

97-27   property, real or personal, included in the inventory is

97-28   situate, located or used, is notice of [such] the person’s title

97-29   as to all [such] that property situate, located or used in [such]

97-30   that county.

97-31      Sec. 57.  NRS 234.250 is hereby amended to read as

97-32   follows:

97-33      234.250  1.  In addition to any other requirement of law,

97-34   each local government, as defined in NRS 354.474, shall

97-35   [file a copy of its] record the original official plat with:

97-36      (a) The county recorder, the county clerk or the registrar

97-37   of voters, and the county assessor of each county in which its

97-38   territory or any part thereof is situated.

97-39      (b) The department of taxation.

97-40     2.  All changes in boundaries made [subsequent to] after

97-41   the original [filing and] recording of such plat [shall] must be

97-42   recorded [and filed] immediately with the offices with which

97-43   copies of the original plat were [filed.] recorded.

97-44     3.  Until a local government complies with the

97-45   requirements of subsections 1 and 2 , it shall not levy or

98-1  receive any ad valorem or other tax or any other mandatory

98-2  assessment.

98-3      4.  This section applies to all local governments receiving

98-4   and expending funds on behalf of the public, regardless of

98-5   their designation.

98-6      Sec. 63.  NRS 277.140 is hereby amended to read as

98-7   follows:

98-8      277.140  As conditions precedent to the entry into force

98-9   of any agreement made pursuant to NRS 277.080 to 277.170,

98-10   inclusive:

98-11     1.  The agreement must be submitted to the attorney

98-12   general, who shall determine whether it is in proper form and

98-13   compatible with the laws of this state. The attorney general

98-14   shall set forth in detail, in writing, addressed to the governing

98-15   bodies of the public agencies concerned, any specific

98-16   respects in which he finds that the proposed agreement fails

98-17   to [meet] comply with the requirements of law. Any failure

98-18   by the attorney general to disapprove an agreement

98-19   submitted under the provisions of this section within 30 days

98-20   after its submission shall be deemed to constitute his

98-21   approval.

98-22     2.  If the agreement is in writing, it must be [filed]

98-23   recorded with the county recorder of each county in which a

98-24   participating political subdivision of this state is located, and

98-25   filed with the secretary of state.

98-26      Sec. 73.  1.  This section and sections 1 to 11,

98-27   inclusive, 13 to 19, inclusive, 21 to 52, inclusive, 54 to

98-28  59, inclusive, 61 [to 65, inclusive,] , 62, 64, 65, 67 and 69 to

98-29   72, inclusive, of this act become effective on July 1, 2001.

98-30     2.  Sections 20, 53, 60 , 63 and 66 of this act become

98-31   effective at 12:01 a.m. on July 1, 2001.

98-32     3.  Section 12 of this act becomes effective on July 1,

98-33   2003.

98-34     2.  Chapter 370, Statutes of Nevada 2001, at page 1762, is

98-35   hereby amended by adding thereto new sections to be designated as

98-36   sections 70.3 and 70.5, immediately following section 70, to read

98-37   respectively as follows:

98-38      Sec. 70.3.  NRS 329.010 is hereby amended to read as

98-39   follows:

98-40      329.010  This chapter may be cited as the Corner

98-41   Perpetuation and [Filing] Recording Law.

98-42      Sec. 70.5.  NRS 329.020 is hereby amended to read as

98-43   follows:

98-44      329.020  It is the purpose of this chapter to protect and

98-45   perpetuate public land survey corners and information

98-46   concerning the location of such corners by requiring the

98-47   systematic establishment of monuments and [filing]

99-1  recording of information concerning the location of such

99-2  corners, thereby providing for property security and a

99-3   coherent system of property location and identification,

99-4  and eliminating the repeated necessity for reestablishment

99-5   and relocations of such corners once they are established and

99-6   located.

99-7      3.  Chapter 370, Statutes of Nevada 2001, at page 1762, is

99-8   hereby amended by adding thereto new sections to be designated as

99-9   sections 71.1, 71.2, 71.3, 71.4 and 71.5, immediately following

99-10   section 71, to read respectively as follows:

99-11      Sec. 71.1.  NRS 329.145 is hereby amended to read as

99-12   follows:

99-13      329.145  A surveyor is not required to [file] record a

99-14   corner record if:

99-15     1.  A corner record is [on file] recorded with the county

99-16   recorder and the corner is found as described in the record;

99-17   and

99-18     2.  All information required in a corner record pursuant

99-19   to this chapter is included in:

99-20      (a) A record of survey [filed] recorded in accordance with

99-21   the provisions of NRS 625.340 to 625.380, inclusive; or

99-22      (b) A land subdivision map recorded in accordance with

99-23   the provisions of NRS 278.010 to 278.630, inclusive.

99-24      Sec. 71.2.  NRS 329.150 is hereby amended to read as

99-25   follows:

99-26      329.150  A surveyor may [file] record any corner record

99-27   as to any property corner, property-controlling corner,

99-28   reference monument or accessory to a corner.

99-29      Sec. 71.3.  NRS 329.160 is hereby amended to read as

99-30   follows:

99-31      329.160  The board shall, by regulation, prescribe the

99-32   information which is to be included in the corner record and

99-33   the form in which such corner record is to be presented and

99-34   [filed.] recorded.

99-35      Sec. 71.4.  NRS 329.180 is hereby amended to read as

99-36   follows:

99-37      329.180  Where a corner record of a public land survey

99-38   corner is required to be [filed under] recorded pursuant to

99-39   the provisions of this chapter, the surveyor must reconstruct

99-40   or rehabilitate the monument of such corner and the

99-41   accessories to such corner so that such corner and accessories

99-42   may be readily located at any time in the future.

99-43      Sec. 71.5.  NRS 329.190 is hereby amended to read as

99-44   follows:

99-45      329.190  No corner record may be [filed] recorded

99-46   unless it is signed by a professional land surveyor or, in the

100-1  case of any agency of the United States Government, by the

100-2  official making the survey, who shall designate his official

100-3   title and the agency for which he is employed.

100-4     Sec. 53. 1.  Sections 7, 9, 22, 47, 50, 54, 68 and 69 of chapter

100-5   374, Statutes of Nevada 2001, at pages 1795, 1798, 1814, 1817,

100-6   1820 and 1829, are hereby amended to read respectively as follows:

100-7      Sec. 7.  NRS 354.470 is hereby amended to read as

100-8   follows:

100-9      354.470  NRS 354.470 to 354.626, inclusive, [and]

100-10   section 1 of [this act] Senate Bill No. 125 of this session and

100-11   sections 2 to 5, inclusive, of this act, may be cited as the

100-12   Local Government Budget and Finance Act.

100-13      Sec. 9.  NRS 354.475 is hereby amended to read as

100-14   follows:

100-15      354.475  1.  All special districts subject to the

100-16   provisions of the Local Government Budget and Finance

100-17   Act with annual total expenditures of less than [$100,000]

100-18   $200,000 may petition the department of taxation for

100-19   exemption from the requirements of the Local Government

100-20   Budget and Finance Act for the filing of certain budget

100-21   documents and audit reports. Such districts may further

100-22   petition to [return to] use a cash [method] basis of

100-23   accounting. The minimum required of such districts is the

100-24   filing with the department of taxation of an annual budget on

100-25   or before April 15 of each year and the filing of fiscal reports

100-26   in accordance with section 1 of [this act.] Senate Bill No.

100-27   125 of this session. Such petitions must be received by the

100-28   department of taxation on or before [December 31] April 15

100-29   to be effective for the succeeding fiscal year or, in a case of

100-30   an annual audit exemption, to be effective for the current

100-31   fiscal year. A board of county commissioners may request

100-32   the department of taxation to audit the financial records of

100-33   such an exempt district.

100-34    2.  Such districts are exempt from all publication

100-35   requirements of the Local Government Budget and Finance

100-36   Act, except that the department of taxation by regulation

100-37   shall require an annual publication of a notice of budget

100-38   adoption and filing. The department of taxation shall adopt

100-39   regulations pursuant to NRS 354.594 which are necessary to

100-40   carry out the purposes of this section.

100-41    3.  The revenue recorded in accounts that are kept on a

100-42   cash basis must consist of cash items.

100-43    4.  As used in this section, “cash basis” means the system

100-44   of accounting under which revenues are recorded only when

100-45   received and expenditures or expenses are recorded only

100-46   when paid.

101-1      Sec. 22.  NRS 354.535 is hereby amended to read as

101-2  follows:

101-3      354.535  “General long-term debt” means debt which is

101-4   legally payable from general revenues and is backed by the

101-5   full faith and credit of a governmental unit. The term

101-6   includes [debt represented by local government securities]

101-7   obligations issued by a local government pursuant to chapter

101-8   350 of NRS and [debt created for medium-term obligations

101-9   pursuant to NRS 350.087 to 350.095, inclusive.] other long

101-10  -term liabilities, including, without limitation, accrued

101-11   compensated absences and claims for workers’

101-12   compensation.

101-13      Sec. 47.  NRS 354.665 is hereby amended to read as

101-14   follows:

101-15      354.665  1.  If a local government does not file a

101-16   statement, report or other document as required by the

101-17   provisions of NRS 350.0035, 354.6025, 354.624, 354.6245,

101-18   387.303 or section 1 of [this act] Senate Bill No. 125 of this

101-19   session within 15 days after the day on which it was due, the

101-20   executive director shall notify the governing body of the

101-21   local government in writing that the report is delinquent. The

101-22   notification must be noted in the minutes of the first meeting

101-23   of the governing body following transmittal of the

101-24   notification.

101-25    2.  If the required report is not received by the

101-26   department within 45 days after the day on which the report

101-27   was due, the executive director shall notify the governing

101-28   body that the presence of a representative of the governing

101-29   body is required at the next practicable scheduled meeting of

101-30   the [Nevada tax commission] committee to explain the

101-31   reason that the report has not been filed. The notice must be

101-32   transmitted to the governing body at least 5 days before the

101-33   date on which the meeting will be held.

101-34    3.  If an explanation satisfactory to the [Nevada tax

101-35   commission] committGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).ee is not provided at the meeting as

101-36   requested in the notice and an arrangement is not made for

101-37   the submission of the report, the [commission] committee

101-38   may instruct the executive director to request that the state

101-39   treasurer withhold from the local government the next

101-40   distribution [of the supplemental city-county relief tax] from

101-41   the local government tax distribution account if the local

101-42   government is otherwise entitled to receive such a

101-43   distribution or of the Local School Support Tax if the local

101-44   government is a school district. Upon receipt of such a

101-45   request, the state treasurer shall withhold the payment and all

101-46   future payments

102-1  until he is notified by the executive director that the report

102-2  has been received by the department.

102-3      Sec. 50.  NRS 354.705 is hereby amended to read as

102-4   follows:

102-5      354.705  1.  As soon as practicable after the department

102-6   takes over the management of a local government, the

102-7   executive director shall:

102-8      (a) Determine the total amount of expenditures necessary

102-9   to allow the local government to perform the basic functions

102-10   for which it was created;

102-11      (b) Determine the amount of revenue reasonably expected

102-12   to be available to the local government; and

102-13      (c) Consider any alternative sources of revenue available

102-14   to the local government.

102-15    2.  If the executive director determines that the available

102-16   revenue is not sufficient to provide for the payment of

102-17   required debt service and operating expenses, he may submit

102-18   his findings to the committee who shall review the

102-19   determinations made by the executive director. If the

102-20   committee determines that additional revenue is needed, it

102-21   shall prepare a recommendation to the Nevada tax

102-22   commission as to which one or more of the following

102-23   additional taxes or charges should be imposed by the local

102-24   government:

102-25      (a) The levy of a property tax up to a rate which when

102-26   combined with all other overlapping rates levied in the state

102-27   does not exceed $4.50 on each $100 of assessed valuation.

102-28      (b) An additional tax on transient lodging at a rate not to

102-29   exceed 1 percent of the gross receipts from the rental of

102-30   transient lodging within the boundaries of the local

102-31   government upon all persons in the business of providing

102-32   lodging. Any such tax must be collected and administered in

102-33   the same manner as all other taxes on transient lodging are

102-34   collected by or for the local government.

102-35      (c) Additional service charges appropriate to the local

102-36   government.

102-37      (d) If the local government is a county or has boundaries

102-38   that are conterminous with the boundaries of the county:

102-39        (1) An additional tax on the gross receipts from the

102-40   sale or use of tangible personal property not to exceed one

102-41   quarter of 1 percent throughout the county. The ordinance

102-42   imposing any such tax must include provisions in substance

102-43   which comply with the requirements of subsections 2 to 5,

102-44   inclusive, of NRS 377A.030.

102-45        (2) An additional governmental services tax of not

102-46   more than 1 cent on each $1 of valuation of the vehicle for

103-1  the privilege of operating upon the public streets, roads and

103-2  highways of the county on each vehicle based in the county

103-3   except those vehicles exempt from the governmental services

103-4   tax imposed pursuant to chapter 371 of NRS or a vehicle

103-5   subject to NRS 706.011 to 706.861, inclusive, which is

103-6   engaged in interstate or intercounty operations. As used in

103-7   this subparagraph, “based” has the meaning ascribed to it in

103-8   NRS 482.011.

103-9     3.  Upon receipt of the plan from the committee, a panel

103-10   consisting of [three members of the committee appointed by

103-11   the committee and] three members of the Nevada tax

103-12   commission appointed by the Nevada tax commission and

103-13   three members of the committee appointed by the

103-14   committee shall hold a public hearing at a location within the

103-15   boundaries of the local government in which the severe

103-16   financial emergency exists after giving public notice of the

103-17   hearing at least 10 days before the date on which the hearing

103-18   will be held. In addition to the public notice, the panel shall

103-19   give notice to the governing body of each local government

103-20   whose jurisdiction overlaps with the jurisdiction of the local

103-21   government in which the severe financial emergency exists.

103-22    4.  After the public hearing conducted pursuant to

103-23   subsection 3, the Nevada tax commission may adopt the plan

103-24   as submitted or adopt a revised plan. Any plan adopted

103-25   pursuant to this section must include the duration for which

103-26   any new or increased taxes or charges may be collected

103-27   which must not exceed 5 years.

103-28    5.  Upon adoption of the plan by the Nevada tax

103-29   commission, the local government in which the severe

103-30   financial emergency exists shall impose or cause to be

103-31   imposed the additional taxes and charges included in the plan

103-32   for the duration stated in the plan or until the severe financial

103-33   emergency has been determined by the Nevada tax

103-34   commission to have ceased to exist.

103-35    6.  The allowed revenue from taxes ad valorem

103-36   determined pursuant to NRS 354.59811 does not apply to

103-37   any additional property tax levied pursuant to this section.

103-38    7.  If a plan fails to satisfy the expenses of the local

103-39   government to the extent expected, the committee shall

103-40   report such failure to:

103-41      (a) The county for consideration of absorption of

103-42   services; or

103-43      (b) If the local government is a county, to the next

103-44   regular session of the legislature.

 

104-1      Sec. 54.  NRS 218.53881 is hereby amended to read as

104-2  follows:

104-3      218.53881  1.  There is hereby established a legislative

104-4   committee for local government taxes and finance consisting

104-5   of:

104-6      (a) Two members appointed by the majority leader of the

104-7   senate from the membership of the senate standing

104-8   committee on government affairs during the immediately

104-9   preceding session of the legislature;

104-10      (b) Two members appointed by the majority leader of the

104-11   senate from the membership of the senate standing

104-12   committee on taxation during the immediately preceding

104-13   session of the legislature;

104-14      (c) Two members appointed by the speaker of the

104-15   assembly from the membership of the assembly standing

104-16   committee on government affairs during the immediately

104-17   preceding session of the legislature; and

104-18      (d) Two members appointed by the speaker of the

104-19   assembly from the membership of the assembly standing

104-20   committee on taxation during the immediately preceding

104-21   session of the legislature.

104-22    2.  The committee shall consult with an advisory

104-23   committee consisting of the executive director of the

104-24   department of taxation and 10 members who are

104-25   representative of various geographical areas of the state and

104-26   are appointed for terms of 2 years commencing on July 1 of

104-27   each odd-numbered year as follows:

104-28      (a) One member of the committee on local government

104-29   finance created pursuant to [NRS 266.0165] section 4 of this

104-30   act appointed by the Nevada League of Cities;

104-31      (b) One member of the committee on local government

104-32   finance created pursuant to [NRS 266.0165] section 4 of this

104-33   act appointed by the Nevada Association of Counties;

104-34      (c) One member of the committee on local government

104-35   finance created pursuant to [NRS 266.0165] section 4 of this

104-36   act appointed by the Nevada School Trustees Association;

104-37      (d) Three members involved in the government of a

104-38   county appointed by the Nevada Association of Counties;

104-39      (e) Three members involved in the government of an

104-40   incorporated city appointed by the Nevada League of Cities;

104-41   and

104-42      (f) One member who is a member of a board of trustees

104-43   for a general improvement district appointed by the

104-44   legislative commission.

104-45  The members of the advisory committee are nonvoting

104-46   members of the committee. When meeting as the advisory

105-1  committee, the members shall comply with the provisions of

105-2  chapter 241 of NRS.

105-3     3.  The legislative members of the committee shall elect

105-4  a chairman from one house of the legislature and a vice

105-5   chairman from the other house. Each chairman and vice

105-6   chairman holds office for a term of 2 years commencing on

105-7   July 1 of each odd-numbered year.

105-8     4.  Any member of the committee who is not a candidate

105-9   for reelection or who is defeated for reelection continues to

105-10   serve until the next session of the legislature convenes.

105-11    5.  Vacancies on the committee must be filled in the

105-12   same manner as original appointments.

105-13    6.  The committee shall report annually to the legislative

105-14   commission concerning its activities and any

105-15   recommendations.

105-16      Sec. 68.  1.  Sections 41, 42 and 46 of chapter 456,

105-17   Statutes of Nevada 2001, at pages 2324 and 2330, are

105-18   hereby repealed.

105-19    2.  NRS 266.0165, 354.478, 354.480, 354.481, 354.488,

105-20   354.514, 354.522, 354.540, 354.542, 354.551, 354.558,

105-21   354.564, 354.566, 354.576, 354.580, 354.588, [354.595,]

105-22   354.5984, 354.59871, 354.59872, 354.606, 354.610,

105-23   354.6107, 354.611, 354.6145, 354.615, 354.621 and 354.622

105-24   are hereby repealed.

105-25    3.  NRS 354.595 is hereby repealed.

105-26      Sec. 69.  1.  This section , [and] sections 67.3 and 67.5

105-27   of this act and subsection 1 of section 68 of this act become

105-28   effective on June 30, 2001.

105-29    2.  Sections 1 to [9,] 6, inclusive, 8, 11 to 21, inclusive,

105-30   23 to 28, inclusive, 30 to 43, inclusive, 45 [to 49, inclusive,

105-31   and] , 46, 48, 49, 51 , 52, 53 and 55 to [68,] 67, inclusive, of

105-32   this act and subsection 2 of section 68 of this act become

105-33   effective on July 1, 2001.

105-34      [2.] 3.  Sections 7, 9, 10, 22, 29, 44 [and 50] , 47 and 54

105-35   of this act and subsection 3 of section 68 of this act become

105-36   effective at 12:01 a.m. on July 1, 2001.

105-37    4.  Section 50 of this act becomes effective at 12:02 a.m.

105-38   on July 1, 2001.

105-39    5.  Section 54 of this act expires by limitation on July 1,

105-40   2005.

105-41    2.  Chapter 374, Statutes of Nevada 2001, at page 1829, is

105-42   hereby amended by adding thereto new sections to be designated as

105-43   sections 67.3 and 67.5, immediately following section 67, to read

105-44   respectively as follows:

106-1      Sec. 67.3.  Sections 31 and 62 of chapter 407, Statutes of

106-2  Nevada 2001, at pages 1980 and 2000, respectively, are

106-3   hereby amended to read respectively as follows:

106-4      Sec. 31.  NRS 360.750 is hereby amended to read as

106-5   follows:

106-6      360.750  1.  A person who intends to locate or

106-7   expand a business in this state may apply to the

106-8   commission on economic development for a partial

106-9   abatement of one or more of the taxes imposed on the

106-10   new or expanded business pursuant to chapter 361, 364A

106-11   or 374 of NRS.

106-12      2.  The commission on economic development shall

106-13   approve an application for a partial abatement if the

106-14   commission makes the following determinations:

106-15      (a) The business is consistent with:

106-16        (1) The state plan for industrial development and

106-17   diversification that is developed by the commission

106-18   pursuant to NRS 231.067; and

106-19        (2) Any guidelines adopted pursuant to the state

106-20   plan.

106-21      (b) The applicant has executed an agreement with the

106-22   commission which states that the business will, after the

106-23   date on which a certificate of eligibility for the abatement

106-24   is issued pursuant to subsection 5, continue in operation

106-25   in this state for a period specified by the commission,

106-26   which must be at least 5 years, and will continue to meet

106-27  the eligibility requirements set forth in this subsection.

106-28   The agreement must bind the successors in interest of the

106-29   business for the specified period.

106-30      (c) The business is registered pursuant to the laws of

106-31   this state or the applicant commits to obtain a valid

106-32   business license and all other permits required by the

106-33   county, city or town in which the business operates.

106-34      (d) Except as otherwise provided in NRS 361.0687, if

106-35   the business is a new business in a county whose

106-36   population is 100,000 or more or a city whose population

106-37   is [50,000] 60,000 or more, the business meets at least

106-38   two of the following requirements:

106-39        (1) The business will have 75 or more full-time

106-40   employees on the payroll of the business by the fourth

106-41   quarter that it is in operation.

106-42        (2) Establishing the business will require the

106-43   business to make a capital investment of at least

106-44   $1,000,000 in this state.

106-45        (3) The average hourly wage that will be paid by

106-46   the new business to its employees in this state is at least

107-1  100 percent of the average statewide hourly wage as

107-2  established by the employment security division of the

107-3   department of employment, training and rehabilitation on

107-4   july 1 of each fiscal year and:

107-5             (I) The business will provide a health insurance

107-6   plan for all employees that includes an option for health

107-7   insurance coverage for dependents of the employees; and

107-8             (II) The cost to the business for the benefits the

107-9   business provides to its employees in this state will meet

107-10   the minimum requirements for benefits established by the

107-11   commission by regulation pursuant to subsection 9.

107-12      (e) Except as otherwise provided in NRS 361.0687, if

107-13   the business is a new business in a county whose

107-14   population is less than 100,000 or a city whose

107-15   population is less than [50,000,] 60,000, the business

107-16   meets at least two of the following requirements:

107-17        (1) The business will have 25 or more full-time

107-18   employees on the payroll of the business by the fourth

107-19   quarter that it is in operation.

107-20        (2) Establishing the business will require the

107-21   business to make a capital investment of at least $250,000

107-22   in this state.

107-23        (3) The average hourly wage that will be paid by

107-24   the new business to its employees in this state is at least

107-25   100 percent of the average statewide hourly wage as

107-26   established by the employment security division of the

107-27   department of employment, training and rehabilitation on

107-28   july 1 of each fiscal year and:

107-29            (I) The business will provide a health insurance

107-30   plan for all employees that includes an option for health

107-31   insurance coverage for dependents of the employees; and

107-32            (II) The cost to the business for the benefits the

107-33   business provides to its employees in this state will meet

107-34   the minimum requirements for benefits established by the

107-35   commission by regulation pursuant to subsection 9.

107-36      (f) If the business is an existing business, the business

107-37   meets at least two of the following requirements:

107-38        (1) The business will increase the number of

107-39   employees on its payroll by 10 percent more than it

107-40   employed in the immediately preceding fiscal year or by

107-41   six employees, whichever is greater.

107-42        (2) The business will expand by making a capital

107-43   investment in this state in an amount equal to at least 20

107-44   percent of the value of the tangible property possessed by

107-45   the business in the immediately preceding fiscal year. The

107-46   determination of the value of the tangible property

108-1  possessed by the business in the immediately preceding

108-2  fiscal year must be made by the:

108-3             (I) County assessor of the county in which the

108-4   business will expand, if the business is locally assessed;

108-5   or

108-6             (II) Department, if the business is centrally

108-7   assessed.

108-8         (3) The average hourly wage that will be paid by

108-9   the existing business to its new employees in this state is

108-10   at least 100 percent of the average statewide hourly wage

108-11   as established by the employment security division of the

108-12   department of employment, training and rehabilitation on

108-13   July 1 of each fiscal year and:

108-14            (I) The business will provide a health insurance

108-15   plan for all new employees that includes an option for

108-16   health insurance coverage for dependents of the

108-17   employees; and

108-18            (II) The cost to the business for the benefits the

108-19   business provides to its new employees in this state will

108-20   meet the minimum requirements for benefits established

108-21   by the commission by regulation pursuant to subsection 9.

108-22      3.  Notwithstanding the provisions of subsection 2,

108-23   the commission on economic development may:

108-24      (a) Approve an application for a partial abatement by a

108-25   business that does not meet the requirements set forth in

108-26   paragraph (d), (e) or (f) of subsection 2;

108-27      (b) Make the requirements set forth in paragraph (d),

108-28   (e) or (f) of subsection 2 more stringent; or

108-29      (c) Add additional requirements that a business must

108-30   meet to qualify for a partial abatement,

108-31  if the commission determines that such action is

108-32   necessary.

108-33      4.  If a person submits an application to the

108-34   commission on economic development pursuant to

108-35   subsection 1, the commission shall provide notice to the

108-36   governing body of the county and the city or town, if any,

108-37   in which the person intends to locate or expand a

108-38   business. The notice required pursuant to this subsection

108-39   must set forth the date, time and location of the hearing at

108-40   which the commission will consider the application.

108-41      5.  If the commission on economic development

108-42   approves an application for a partial abatement, the

108-43   commission shall immediately forward a certificate of

108-44   eligibility for the abatement to:

108-45      (a) The department;

108-46      (b) The Nevada tax commission; and

109-1      (c) If the partial abatement is from the property tax

109-2  imposed pursuant to chapter 361 of NRS, the county

109-3   treasurer.

109-4      6.  An applicant for a partial abatement pursuant to

109-5   this section or an existing business whose partial

109-6   abatement is in effect shall, upon the request of the

109-7   executive director of the commission on economic

109-8   development, furnish the executive director with copies of

109-9   all records necessary to verify that the applicant meets the

109-10   requirements of subsection 2.

109-11      7.  If a business whose partial abatement has been

109-12   approved pursuant to this section and is in effect ceases:

109-13      (a) To meet the requirements set forth in subsection 2;

109-14   or

109-15      (b) Operation before the time specified

109-16  in the agreement described in paragraph (b) of

109-17  subsection 2,

109-18  the business shall repay to the department or, if the partial

109-19   abatement was from the property tax imposed pursuant to

109-20   chapter 361 of NRS, to the county treasurer, the amount

109-21   of the exemption that was allowed pursuant to this section

109-22   before the failure of the business to comply unless the

109-23   Nevada tax commission determines that the business has

109-24   substantially complied with the requirements of this

109-25   section. Except as otherwise provided in NRS 360.232

109-26   and 360.320, the business shall, in addition to the amount

109-27   of the exemption required to be paid pursuant to this

109-28   subsection, pay interest on the amount due at the rate

109-29   most recently established pursuant to NRS 99.040 for

109-30   each month, or portion thereof, from the last day of the

109-31   month following the period for which the payment would

109-32   have been made had the partial abatement not been

109-33   approved until the date of payment of the tax.

109-34      8.  A county treasurer:

109-35      (a) Shall deposit any money that he receives pursuant

109-36   to subsection 7 in one or more of the funds established by

109-37   a local government of the county pursuant to NRS

109-38   354.6113 or 354.6115; and

109-39      (b) May use the money deposited pursuant to

109-40   paragraph (a) only for the purposes authorized by NRS

109-41   354.6113 and 354.6115.

109-42      9.  The commission on economic development:

109-43      (a) Shall adopt regulations relating to:

109-44        (1) The minimum level of benefits that a business

109-45   must provide to its employees if the business is going to

110-1  use benefits paid to employees as a basis to qualify for a

110-2  partial abatement; and

110-3         (2) The notice that must be provided pursuant to

110-4   subsection 4.

110-5      (b) May adopt such other regulations as the

110-6   commission on economic development determines to be

110-7   necessary to carry out the provisions of this section.

110-8      10.  The Nevada tax commission:

110-9      (a) Shall adopt regulations regarding:

110-10        (1) The capital investment that a new business must

110-11   make to meet the requirement set forth in paragraph (d) or

110-12   (e) of subsection 2; and

110-13        (2) Any security that a business is required to post

110-14   to qualify for a partial abatement pursuant to this section.

110-15      (b) May adopt such other regulations as the Nevada

110-16   tax commission determines to be necessary to carry out

110-17   the provisions of this section.

110-18      11.  An applicant for an abatement who is aggrieved

110-19   by a final decision of the commission on economic

110-20   development may petition for judicial review in the

110-21   manner provided in chapter 233B of NRS.

110-22      Sec. 62.  1.  This section and sections 1, 3, 5 to 13,

110-23   inclusive, 15 to 18, inclusive, 20 , [and] 22 to 30,

110-24   inclusive, and 32 to 61, inclusive, of this act become

110-25   effective on July 1, 2001.

110-26      2.  Sections 4, 14, 19 , [and] 21 and 31 of this act

110-27   become effective at 12:01 a.m. on July 1, 2001.

110-28      Sec. 67.5.  Sections 33, 58 and 60 of chapter 456,

110-29   Statutes of Nevada 2001, at pages 2318 and 2338, are hereby

110-30   amended to read respectively as follows:

110-31      Sec. 33.  NRS 354.475 is hereby amended to read as

110-32   follows:

110-33      354.475  1.  All special districts subject to the

110-34   provisions of the Local Government Budget and Finance

110-35   Act with annual total expenditures of less than $200,000

110-36   may petition the department of taxation for exemption

110-37   from the requirements of the Local Government Budget

110-38   and Finance Act for the filing of certain budget

110-39   documents and audit reports. Such districts may further

110-40   petition to use a cash basis of accounting. The minimum

110-41   required of such districts is the filing with the department

110-42   of taxation of an annual budget on or before April 15 of

110-43   each year and the filing of fiscal reports in accordance

110-44   with section 1 of Senate Bill No. 125 of this session. Such

110-45   petitions must be received by the department of taxation

110-46   on or before April 15 to be effective for the succeeding

110-47   fiscal year or, in a

111-1  case of an annual audit exemption, to be effective for the

111-2  current fiscal year. A board of county commissioners may

111-3   request the department of taxation to audit the financial

111-4   records of such an exempt district.

111-5      2.  Such districts are exempt from all publication

111-6   requirements of the Local Government Budget and

111-7   Finance Act, except that the department of taxation by

111-8   regulation shall require an annual publication of a notice

111-9   of budget adoption and filing. The [department of

111-10   taxation] committee on local government finance shall

111-11   adopt regulations pursuant to NRS 354.594 which are

111-12   necessary to carry out the purposes of this section.

111-13      3.  The revenue recorded in accounts that are kept on

111-14   a cash basis must consist of cash items.

111-15      4.  As used in this section, “cash basis” means the

111-16   system of accounting under which revenues are recorded

111-17   only when received and expenditures or expenses are

111-18   recorded only when paid.

111-19      Sec. 58.  NRS 350.085[, NRS 354.5235, 354.6107

111-20   and 354.611] and 354.5235 are hereby repealed.

111-21      Sec. 60.  1.  This section and sections 48 and 59.5 of

111-22   this act become effective upon passage and approval.

111-23      2.  Sections 1 to 22, inclusive, 24 to [35, inclusive, 41,

111-24   42, 46,] 32, inclusive, 34, 35, 49 to 52, inclusive, and 55

111-25   to 59, inclusive, of this act become effective on July 1,

111-26   2001.

111-27      3.  Sections 36, 38, 39, 40, 43, 44, 47, 53 and 54 of

111-28   this act become effective at 12:01 a.m. on July 1, 2001.

111-29      4.  Sections 23, 33, 37 and 45 of this act become

111-30   effective at 12:02 a.m. on July 1, 2001.

111-31      5.  Section 48 of this act expires by limitation on

111-32  July 1, 2003.

111-33    Sec. 54.  Sections 10, 14 and 20 of chapter 381, Statutes of

111-34   Nevada 2001, at pages 1846, 1848 and 1851, respectively, are

111-35   hereby amended to read respectively as follows:

111-36      Sec. 10.  NRS 432B.530 is hereby amended to read as

111-37   follows:

111-38      432B.530  1.  An adjudicatory hearing must be held

111-39   within 30 days after the filing of the petition, unless good

111-40   cause is shown or the hearing has been continued until a later

111-41   date pursuant to section 2 of [this act.] Assembly Bill No.

111-42   429 of this session.

111-43    2.  At the hearing, the court shall inform the parties of the

111-44   specific allegations in the petition and give them an

111-45   opportunity to admit or deny them. If the allegations are

111-46   denied, the court shall hear evidence on the petition.

112-1     3.  In adjudicatory hearings , all relevant and material

112-2  evidence helpful in determining the questions presented,

112-3   including oral and written reports, may be received by the

112-4   court and may be relied upon to the extent of its probative

112-5   value. The parties or their attorney must be afforded an

112-6   opportunity to examine and controvert written reports so

112-7   received and to cross-examine individuals making reports

112-8   when reasonably available.

112-9     4.  The court may require the child to be present in court

112-10   at the hearing.

112-11    5.  If the court finds by a preponderance of the evidence

112-12   that the child [is] was in need of protection[,] at the time of

112-13   his removal from his home, it shall record its findings of fact

112-14   and may proceed immediately or at another hearing held

112-15   within 15 working days, to make a proper disposition of the

112-16   case. If the court finds that the allegations in the petition

112-17   have not been established, it shall dismiss the petition and, if

112-18   the child is in protective custody, order the immediate release

112-19   of the child.

112-20      Sec. 14.  NRS 432B.590 is hereby amended to read as

112-21   follows:

112-22      432B.590  1.  Except as otherwise provided in [NRS

112-23   432B.600 and] section 2 of [this act,] Assembly Bill No. 429

112-24   of this session, the court shall hold a hearing concerning the

112-25   permanent placement of a child:

112-26      (a) Not later than 12 months after the initial removal of

112-27   the child from his home and annually thereafter.

112-28      (b) Within 30 days after making any of the findings set

112-29   forth in subsection 3 of NRS 432B.393.

112-30  Notice of this hearing must be given by registered or certified

112-31   mail to all the persons to whom notice must be given

112-32   pursuant to subsection 4 of NRS 432B.580.

112-33    2.  The court may require the presence of the child at the

112-34   hearing and shall provide to each person to whom notice was

112-35   given pursuant to subsection 1 an opportunity to be heard at

112-36   the hearing.

112-37    3.  At the hearing, the court shall [establish a] review any

112-38   plan for the permanent placement of the child adopted

112-39   pursuant to section 2 of this act and determine : [whether:]

112-40      (a) Whether the agency with legal custody of the child

112-41   has made the reasonable efforts required by subsection 1 of

112-42   section 2 of this act; and

112-43      (b) Whether, and if applicable when:

112-44        (1) The child should be returned to his parents or

112-45   placed with other relatives;

113-1      [(b) The child’s placement in the foster home or other

113-2  similar institution should be continued; or

113-3      (c)] (2) It is in the best interests of the child to initiate

113-4   proceedings to:

113-5         [(1)] (I) Terminate parental rights pursuant to chapter

113-6   128 of NRS so that the child can be placed for adoption; or

113-7         [(2)] (II) Establish a guardianship pursuant to chapter

113-8   159 of NRS[.] ; or

113-9         (3) The agency with legal custody of the child has

113-10   produced documentation of its conclusion that there is a

113-11   compelling reason for the placement of the child in another

113-12   permanent living arrangement.

113-13  The court shall prepare an explicit statement of the facts

113-14   upon which each of its determinations is based. If the court

113-15   determines that it is in the best interests of the child to

113-16   terminate parental rights, the court shall use its best efforts to

113-17   ensure that the procedures required by chapter 128 of NRS

113-18   are completed within 6 months after the date the court makes

113-19   that determination, including, without limitation, appointing

113-20   a private attorney to expedite the completion of the

113-21   procedures. The provisions of this subsection do not limit

113-22   the jurisdiction of the court to review any decisions of

113-23  the agency with legal custody of the child regarding the

113-24   permanent placement of the child.

113-25    4.  If a child has been placed outside of his home and has

113-26   resided outside of his home pursuant to that placement for 14

113-27   months of any 20 consecutive months, the best interests of

113-28   the child must be presumed to be served by the termination

113-29   of parental rights.

113-30    5.  This hearing may take the place of the hearing for

113-31   review required by NRS 432B.580.

113-32    6.  The provision of notice and an opportunity to be

113-33   heard pursuant to this section does not cause any person

113-34   planning to adopt the child, or any relative or provider of

113-35   foster care to become a party to the hearing.

113-36      Sec. 20.  1.  This section and sections 16 and 17 of this

113-37   act and subsection 1 of section 19 of this act become

113-38   effective upon passage and approval.

113-39    2.  Sections 1 to 4, inclusive, 6 to [15,] 9, inclusive, 11,

113-40   12, 13, 15 and 18 of this act and subsection 2 of section 19 of

113-41   this act become effective on July 1, 2001.

113-42    3.  Sections 10 and 14 of this act become effective at

113-43   12:01 a.m. on July 1, 2001.

113-44    4.  Section 5 of this act becomes effective at 12:03 a.m.

113-45   on July 1, 2001.

114-1     Sec. 55.  1.  Sections 5, 6, 10 and 12 of chapter 384, Statutes

114-2  of Nevada 2001, at pages 1860 and 1863, are hereby amended to

114-3   read respectively as follows:

114-4      Sec. 5.  NRS 482.216 is hereby amended to read as

114-5   follows:

114-6      482.216  1.  Upon the request of a new vehicle dealer,

114-7   the department may authorize the new vehicle dealer to:

114-8      (a) Accept applications for the registration of the new

114-9   motor vehicles he sells and the related fees and taxes;

114-10      (b) Issue certificates of registration to applicants who

114-11   satisfy the requirements of this chapter; and

114-12      (c) Accept applications for the transfer of registration

114-13   pursuant to NRS 482.399 if the applicant purchased from the

114-14   new vehicle dealer a new vehicle to which the registration is

114-15   to be transferred.

114-16    2.  A new vehicle dealer who is authorized to issue

114-17   certificates of registration pursuant to subsection 1 shall:

114-18      (a) Transmit the applications he receives to the

114-19   department within the period prescribed by the department;

114-20      (b) Transmit the fees he collects from the applicants and

114-21   properly account for them within the period prescribed by the

114-22   department;

114-23      (c) Comply with the regulations adopted pursuant to

114-24   subsection 4; and

114-25      (d) Bear any cost of equipment which is necessary to

114-26   issue certificates of registration, including any computer

114-27   hardware or software.

114-28    3.  A new vehicle dealer who is authorized to issue

114-29   certificates of registration pursuant to subsection 1 shall not:

114-30      (a) Charge any additional fee for the performance of those

114-31   services;

114-32      (b) Receive compensation from the department for the

114-33   performance of those services;

114-34      (c) Accept applications for the renewal of registration of a

114-35   motor vehicle; or

114-36      (d) Accept an application for the registration of a motor

114-37   vehicle if the applicant wishes to:

114-38        (1) Obtain special license plates pursuant to NRS

114-39   482.3667 to 482.3825, inclusive[;] , and sections 2, 3 and 4

114-40   of this act; or

114-41        (2) Claim the exemption from the governmental

114-42   services tax provided pursuant to NRS 361.1565 to veterans

114-43   and their relations.

114-44    4.  The director shall adopt such regulations as are

114-45   necessary to carry out the provisions of this section. The

115-1  regulations adopted pursuant to this subsection must provide

115-2  for:

115-3      (a) The expedient and secure issuance of license plates

115-4   and decals by the department; and

115-5      (b) The withdrawal of the authority granted to a new

115-6   vehicle dealer pursuant to subsection 1 if that dealer fails to

115-7   comply with the regulations adopted by the department.

115-8      Sec. 6.  NRS 482.500 is hereby amended to read as

115-9   follows:

115-10      482.500  1.  Except as otherwise provided in subsection

115-11   2 or 3, whenever upon application any duplicate or substitute

115-12   certificate of registration, decal or number plate is issued, the

115-13   following fees must be paid:

 

115-14  For a certificate of registration$5.00

115-15  For every substitute number plate or set of

115-16   plates5.00

115-17  For every duplicate number plate or set of

115-18   plates10.00

115-19  For every decal displaying a county name  .50

115-20  For every other decal, license plate sticker or

115-21   tab5.00

 

115-22    2.  The following fees must be paid for any replacement

115-23   plate or set of plates issued for the following special license

115-24   plates:

115-25      (a) For any special plate issued pursuant to NRS

115-26   482.3667, 482.3672, 482.3675, 482.370 to 482.376,

115-27   inclusive, or 482.379 to 482.3816, inclusive, and sections 2,

115-28   3 and 4 of this act, a fee of $10.

115-29      (b) For any special plate issued pursuant to NRS 482.368,

115-30   482.3765, 482.377 or 482.378, a fee of $5.

115-31      (c) For any souvenir license plate issued pursuant to NRS

115-32   482.3825 or sample license plate issued pursuant to NRS

115-33   482.2703, a fee equal to that established by the director for

115-34   the issuance of those plates.

115-35    3.  A fee must not be charged for a duplicate or substitute

115-36   of a decal issued pursuant to NRS 482.37635.

115-37    4.  The fees which are paid for duplicate number plates

115-38   and decals displaying county names must be deposited with

115-39   the state treasurer for credit to the motor vehicle fund and

115-40   allocated to the department to defray the costs of duplicating

115-41   the plates and manufacturing the decals.

115-42    5.  As used in this section:

115-43      (a) “Duplicate number plate” means a license plate or a

115-44   set of license plates issued to a registered owner which repeat

116-1  the code of a plate or set of plates previously issued to the

116-2  owner to maintain his registration using the same code.

116-3      (b) “Substitute number plate” means a license plate or a

116-4   set of license plates issued in place of a previously issued and

116-5   unexpired plate or set of plates. The plate or set of plates

116-6   does not repeat the code of the previously issued plate or set.

116-7      Sec. 10.  1.  The amendatory provisions of section 2 of

116-8   this act and the references to that section set forth in

116-9   sections 5 and 6 of this act expire by limitation on October

116-10   1, 2005, if on that date the department of motor vehicles and

116-11   public safety has received fewer than 250 applications for the

116-12   issuance of license plates pursuant to the provisions of

116-13   section 2 of this act.

116-14    2.  The amendatory provisions of section 3 of this act

116-15   and the references to that section set forth in sections 5 and

116-16   6 of this act expire by limitation on October 1, 2005, if on

116-17   that date the department of motor vehicles and public safety

116-18   has received fewer than 250 applications for the issuance of

116-19   license plates pursuant to the provisions of section 3 of this

116-20   act.

116-21    3.  The amendatory provisions of section 4 of this act

116-22   and the references to that section set forth in sections 5 and

116-23   6 of this act expire by limitation on October 1, 2005, if on

116-24   that date the department of motor vehicles and public safety

116-25   has received fewer than 250 applications for the issuance of

116-26   license plates pursuant to the provisions of section 4 of this

116-27   act.

116-28      Sec. 12.  1.  This section and sections 5.5 and 8.1 to

116-29   8.9, inclusive, of this act become effective on June 30, 2001.

116-30    2.  Sections 7, 8 and 11 of this act become effective on

116-31   July 1, 2001.

116-32      [2.] 3.  Sections 1 to 4, inclusive, 9 and 10 of this act

116-33   become effective on October 1, 2001.

116-34      [3.] 4.  Sections 5 and 6 of this act become effective at

116-35   12:01 a.m. on October 1, 2001.

116-36    2.  Chapter 384, Statutes of Nevada 2001, at page 1860, is

116-37   hereby amended by adding thereto a new section to be designated

116-38   as section 5.5, immediately following section 5, to read as follows:

116-39      Sec. 5.5.  NRS 482.500 is hereby amended to read as

116-40   follows:

116-41      482.500  1.  Except as otherwise provided in subsection

116-42   2 or 3, whenever upon application any duplicate or substitute

116-43   certificate of registration, decal or number plate is issued, the

116-44   following fees must be paid:

 

116-45  For a certificate of registration$5.00

117-1  For every substitute number plate or set of

117-2  plates$5.00

117-3  For every duplicate number plate or set of

117-4   plates10.00

117-5  For every decal displaying a county name  .50

117-6  For every other decal, license plate sticker or

117-7   tab5.00

 

117-8     2.  The following fees must be paid for any replacement

117-9   plate or set of plates issued for the following special license

117-10   plates:

117-11      (a) For any special plate issued pursuant to NRS

117-12   482.3667, 482.3672, 482.3675, 482.370 to 482.376,

117-13   inclusive, or 482.379 to 482.3816, inclusive, a fee of $10.

117-14      (b) For any special plate issued pursuant to NRS 482.368,

117-15   482.3765, 482.377 or 482.378, a fee of $5.

117-16      (c) For any souvenir license plate issued pursuant to NRS

117-17   482.3825 or sample license plate issued pursuant to NRS

117-18   482.2703, a fee equal to that established by the director for

117-19   the issuance of those plates.

117-20    3.  A fee must not be charged for a duplicate or substitute

117-21   of a decal [requested] issued pursuant to NRS 482.37635.

117-22    4.  The fees which are paid for duplicate number plates

117-23   and decals displaying county names must be deposited with

117-24   the state treasurer for credit to the motor vehicle fund and

117-25   allocated to the department to defray the costs of duplicating

117-26   the plates and manufacturing the decals.

117-27    5.  As used in this section:

117-28      (a) “Duplicate number plate” means a license plate or a

117-29   set of license plates issued to a registered owner which repeat

117-30   the code of a plate or set of plates previously issued to the

117-31   owner to maintain his registration using the same code.

117-32      (b) “Substitute number plate” means a license plate or a

117-33   set of license plates issued in place of a previously issued and

117-34   unexpired plate or set of plates. The plate or set of plates

117-35   does not repeat the code of the previously issued plate or set.

117-36    3.  Chapter 384, Statutes of Nevada 2001, at page 1863, is

117-37   hereby amended by adding thereto new sections to be designated as

117-38   sections 8.1 to 8.9, inclusive, immediately following section 8, to

117-39   read respectively as follows:

117-40      Sec. 8.1.  Section 3 of chapter 96, Statutes of Nevada

117-41   2001, at page 579, is hereby amended to read as follows:

117-42      Sec. 3.  NRS 482.500 is hereby amended to read as

117-43   follows:

117-44      482.500  1.  Except as otherwise provided in

117-45   subsection 2 or 3, whenever upon application any

118-1  duplicate or substitute certificate of registration, decal or

118-2  number plate is issued, the following fees must be paid:

 

118-3  For a certificate of registration$5.00

118-4  For every substitute number plate or set of

118-5   plates5.00

118-6  For every duplicate number plate or set of

118-7   plates10.00

118-8  For every decal displaying a county name  .50

118-9  For every other decal, license plate sticker

118-10   or tab5.00

 

118-11      2.  The following fees must be paid for any

118-12   replacement plate or set of plates issued for the following

118-13   special license plates:

118-14      (a) For any special plate issued pursuant to NRS

118-15   482.3667, 482.3672, 482.3675, 482.370 to 482.376,

118-16   inclusive, or 482.379 to 482.3816, inclusive, and section

118-17   1 of this act, a fee of $10.

118-18      (b) For any special plate issued pursuant to NRS

118-19   482.368, 482.3765, 482.377 or 482.378, a fee of $5.

118-20      (c) For any souvenir license plate issued pursuant to

118-21   NRS 482.3825 or sample license plate issued pursuant to

118-22   NRS 482.2703, a fee equal to that established by the

118-23   director for the issuance of those plates.

118-24      3.  A fee must not be charged for a duplicate or

118-25   substitute of a decal issued pursuant to NRS 482.37635.

118-26      4.  The fees which are paid for duplicate number

118-27   plates and decals displaying county names must be

118-28   deposited with the state treasurer for credit to the motor

118-29   vehicle fund and allocated to the department to defray the

118-30   costs of duplicating the plates and manufacturing the

118-31   decals.

118-32      5.  As used in this section:

118-33      (a) “Duplicate number plate” means a license plate or

118-34   a set of license plates issued to a registered owner which

118-35   repeat the code of a plate or set of plates previously

118-36   issued to the owner to maintain his registration using the

118-37   same code.

118-38      (b) “Substitute number plate” means a license plate or

118-39   a set of license plates issued in place of a previously

118-40   issued and unexpired plate or set of plates. The plate or

118-41   set of plates does not repeat the code of the previously

118-42   issued plate or set.

 

119-1      Sec. 8.2.  Section 4 of chapter 99, Statutes of Nevada

119-2  2001, at page 586, is hereby amended to read as follows:

119-3      Sec. 4.  NRS 482.500 is hereby amended to read as

119-4   follows:

119-5      482.500  1.  Except as otherwise provided in

119-6   subsection 2 or 3, whenever upon application any

119-7   duplicate or substitute certificate of registration, decal or

119-8   number plate is issued, the following fees must be paid:

 

119-9  For a certificate of registration$5.00

119-10  For every substitute number plate or set of

119-11   plates5.00

119-12  For every duplicate number plate or set of

119-13   plates10.00

119-14  For every decal displaying a county name  .50

119-15  For every other decal, license plate sticker

119-16   or tab5.00

 

119-17      2.  The following fees must be paid for any

119-18   replacement plate or set of plates issued for the following

119-19   special license plates:

119-20      (a) For any special plate issued pursuant to NRS

119-21   482.3667, 482.3672, 482.3675, 482.370 to 482.376,

119-22   inclusive, or 482.379 to 482.3816, inclusive, and section

119-23   1 of this act, a fee of $10.

119-24      (b) For any special plate issued pursuant to NRS

119-25   482.368, 482.3765, 482.377 or 482.378, a fee of $5.

119-26      (c) [For] Except as otherwise provided in section 1 of

119-27   this act, for any souvenir license plate issued pursuant to

119-28   NRS 482.3825 or sample license plate issued pursuant to

119-29   NRS 482.2703, a fee equal to that established by the

119-30   director for the issuance of those plates.

119-31      3.  A fee must not be charged for a duplicate or

119-32   substitute of a decal issued pursuant to NRS 482.37635.

119-33      4.  The fees which are paid for duplicate number

119-34   plates and decals displaying county names must be

119-35   deposited with the state treasurer for credit to the motor

119-36   vehicle fund and allocated to the department to defray the

119-37   costs of duplicating the plates and manufacturing the

119-38   decals.

119-39      5.  As used in this section:

119-40      (a) “Duplicate number plate” means a license plate or

119-41   a set of license plates issued to a registered owner which

119-42   repeat the code of a plate or set of plates previously

119-43   issued to the owner to maintain his registration using the

119-44   same code.

120-1      (b) “Substitute number plate” means a license plate or

120-2  a set of license plates issued in place of a previously

120-3   issued and unexpired plate or set of plates. The plate or

120-4   set of plates does not repeat the code of the previously

120-5   issued plate or set.

120-6      Sec. 8.3.  Sections 3 and 6 of chapter 316, Statutes of

120-7   Nevada 2001, at pages 1467 and 1470, respectively, are

120-8   hereby amended to read respectively as follows:

120-9      Sec. 3.  NRS 482.500 is hereby amended to read as

120-10   follows:

120-11      482.500  1.  Except as otherwise provided in

120-12   subsection 2 or 3, whenever upon application any

120-13   duplicate or substitute certificate of registration, decal or

120-14   number plate is issued, the following fees must be paid:

 

120-15  For a certificate of registration$5.00

120-16  For every substitute number plate or set of

120-17   plates5.00

120-18  For every duplicate number plate or set of

120-19   plates10.00

120-20  For every decal displaying a county name  .50

120-21  For every other decal, license plate sticker

120-22   or tab5.00

 

120-23      2.  The following fees must be paid for any

120-24   replacement plate or set of plates issued for the following

120-25   special license plates:

120-26      (a) For any special plate issued pursuant to NRS

120-27   482.3667, 482.3672, 482.3675, 482.370 to 482.376,

120-28   inclusive, or 482.379 to 482.3816, inclusive, and section

120-29   1 of this act, a fee of $10.

120-30      (b) For any special plate issued pursuant to NRS

120-31   482.368, 482.3765, 482.377 or 482.378, a fee of $5.

120-32      (c) For any souvenir license plate issued pursuant to

120-33   NRS 482.3825 or sample license plate issued pursuant to

120-34   NRS 482.2703, a fee equal to that established by the

120-35   director for the issuance of those plates.

120-36      3.  A fee must not be charged for a duplicate or

120-37   substitute of a decal issued pursuant to NRS 482.37635.

120-38      4.  The fees which are paid for duplicate number

120-39   plates and decals displaying county names must be

120-40   deposited with the state treasurer for credit to the motor

120-41   vehicle fund and allocated to the department to defray the

120-42   costs of duplicating the plates and manufacturing the

120-43   decals.

120-44      5.  As used in this section:

121-1      (a) “Duplicate number plate” means a license plate or

121-2  a set of license plates issued to a registered owner which

121-3   repeat the code of a plate or set of plates previously

121-4   issued to the owner to maintain his registration using the

121-5   same code.

121-6      (b) “Substitute number plate” means a license plate or

121-7   a set of license plates issued in place of a previously

121-8   issued and unexpired plate or set of plates. The plate or

121-9   set of plates does not repeat the code of the previously

121-10   issued plate or set.

121-11      Sec. 6.  1.  This section and sections 1, 3 and 5 of

121-12   this act become effective on July 1, 2001.

121-13      2.  Section 2 of this act becomes effective at 12:01

121-14   a.m. on July 1, 2001.

121-15      3.  [Section 4 of this act becomes effective at 12:02

121-16   a.m. on July 1, 2001.

121-17      4.]  The amendatory provisions of this act expire by

121-18   limitation on July 1, 2005, if on that date the department

121-19   of motor vehicles and public safety has received fewer

121-20   than 250 applicants for the issuance of license plates

121-21   pursuant to section 1 of this act.

121-22      Sec. 8.4.  Sections 4 and 8 of chapter 324, Statutes of

121-23   Nevada 2001, at pages 1512 and 1515, respectively, are

121-24   hereby amended to read respectively as follows:

121-25      Sec. 4.  NRS 482.500 is hereby amended to read as

121-26   follows:

121-27      482.500  1.  Except as otherwise provided in

121-28   subsection 2 or 3, whenever upon application any

121-29   duplicate or substitute certificate of registration, decal or

121-30   number plate is issued, the following fees must be paid:

 

121-31  For a certificate of registration$5.00

121-32  For every substitute number plate or set of

121-33   plates5.00

121-34  For every duplicate number plate or set of

121-35   plates10.00

121-36  For every decal displaying a county name  .50

121-37  For every other decal, license plate sticker

121-38   or tab5.00

 

121-39      2.  The following fees must be paid for any

121-40   replacement plate or set of plates issued for the following

121-41   special license plates:

 

 

122-1      (a) For any special plate issued pursuant to NRS

122-2  482.3667, 482.3672, 482.3675, 482.370 to 482.376,

122-3   inclusive, and section 1 of this act, or 482.379 to

122-4   482.3816, inclusive, a fee of $10.

122-5      (b) For any special plate issued pursuant to NRS

122-6   482.368, 482.3765, 482.377 or 482.378, a fee of $5.

122-7      (c) For any souvenir license plate issued pursuant to

122-8   NRS 482.3825 or sample license plate issued pursuant to

122-9   NRS 482.2703, a fee equal to that established by the

122-10   director for the issuance of those plates.

122-11      3.  A fee must not be charged for a duplicate or

122-12   substitute of a decal issued pursuant to NRS 482.37635.

122-13      4.  The fees which are paid for duplicate number

122-14   plates and decals displaying county names must be

122-15   deposited with the state treasurer for credit to the motor

122-16   vehicle fund and allocated to the department to defray the

122-17   costs of duplicating the plates and manufacturing the

122-18   decals.

122-19      5.  As used in this section:

122-20      (a) “Duplicate number plate” means a license plate or

122-21   a set of license plates issued to a registered owner which

122-22   repeat the code of a plate or set of plates previously

122-23   issued to the owner to maintain his registration using the

122-24   same code.

122-25      (b) “Substitute number plate” means a license plate or

122-26   a set of license plates issued in place of a previously

122-27   issued and unexpired plate or set of plates. The plate or

122-28   set of plates does not repeat the code of the previously

122-29   issued plate or set.

122-30      Sec. 8.  1.  This section and sections 1 [and 4 to 7,

122-31   inclusive,] , 6 and 7 of this act become effective on July

122-32   1, 2001.

122-33      2.  Sections [2 and] 3 and 4 of this act become

122-34   effective at 12:01 a.m. on July 1, 2001.

122-35      3.  Section 2 of this act becomes effective at 12:02

122-36   a.m. on July 1, 2001.

122-37      4.  The amendatory provisions of sections 1, 2 and 4

122-38   of this act expire by limitation on July 1, 2005, if on that

122-39   date the department of motor vehicles and public safety

122-40   has received fewer than 250 applications for the issuance

122-41   of license plates pursuant to section 1 of this act.

 

 

 

 

123-1      Sec. 8.5.  Sections 4, 6, 7 and 9 of chapter 355, Statutes

123-2  of Nevada 2001, at pages 1675, 1676, 1677 and 1679,

123-3   respectively, are hereby amended to read respectively as

123-4   follows:

123-5      Sec. 4.  NRS 482.216 is hereby amended to read as

123-6   follows:

123-7      482.216  1.  Upon the request of a new vehicle

123-8   dealer, the department may authorize the new vehicle

123-9   dealer to:

123-10      (a) Accept applications for the registration of the new

123-11   motor vehicles he sells and the related fees and taxes;

123-12      (b) Issue certificates of registration to applicants who

123-13   satisfy the requirements of this chapter; and

123-14      (c) Accept applications for the transfer of registration

123-15   pursuant to NRS 482.399 if the applicant purchased from

123-16   the new vehicle dealer a new vehicle to which the

123-17   registration is to be transferred.

123-18      2.  A new vehicle dealer who is authorized to issue

123-19   certificates of registration pursuant to subsection 1 shall:

123-20      (a) Transmit the applications he receives to the

123-21   department within the period prescribed by the

123-22   department;

123-23      (b) Transmit the fees he collects from the applicants

123-24   and properly account for them within the period

123-25   prescribed by the department;

123-26      (c) Comply with the regulations adopted pursuant to

123-27   subsection 4; and

123-28      (d) Bear any cost of equipment which is necessary to

123-29   issue certificates of registration, including any computer

123-30   hardware or software.

123-31      3.  A new vehicle dealer who is authorized to issue

123-32   certificates of registration pursuant to subsection 1 shall

123-33   not:

123-34      (a) Charge any additional fee for the performance of

123-35   those services;

123-36      (b) Receive compensation from the department for the

123-37   performance of those services;

123-38      (c) Accept applications for the renewal of registration

123-39   of a motor vehicle; or

123-40      (d) Accept an application for the registration of a

123-41   motor vehicle if the applicant wishes to:

123-42        (1) Obtain special license plates pursuant to NRS

123-43   482.3667 to 482.3825, inclusive[;] , and section 3 of this

123-44   act; or

124-1         (2) Claim the exemption from the governmental

124-2  services tax provided pursuant to NRS 361.1565 to

124-3   veterans and their relations.

124-4      4.  The director shall adopt such regulations as are

124-5   necessary to carry out the provisions of this section. The

124-6   regulations adopted pursuant to this subsection must

124-7   provide for:

124-8      (a) The expedient and secure issuance of license plates

124-9   and decals by the department; and

124-10      (b) The withdrawal of the authority granted to a new

124-11   vehicle dealer pursuant to subsection 1 if that dealer fails

124-12   to comply with the regulations adopted by the

124-13   department.

124-14      Sec. 6.  NRS 482.500 is hereby amended to read as

124-15   follows:

124-16      482.500  1.  Except as otherwise provided in

124-17   subsection 2 or 3, whenever upon application any

124-18   duplicate or substitute certificate of registration, decal or

124-19   number plate is issued, the following fees must be paid:

 

124-20  For a certificate of registration$5.00

124-21  For every substitute number plate or set of

124-22   plates5.00

124-23  For every duplicate number plate or set of

124-24   plates10.00

124-25  For every decal displaying a county name  .50

124-26  For every other decal, license plate sticker

124-27   or tab5.00

 

124-28      2.  The following fees must be paid for any

124-29   replacement plate or set of plates issued for the following

124-30   special license plates:

124-31      (a) For any special plate issued pursuant to NRS

124-32   482.3667, 482.3672, 482.3675, 482.370 to 482.376,

124-33   inclusive, or 482.379 to 482.3816, inclusive, and section

124-34   2 of this act, a fee of $10.

124-35      (b) For any special plate issued pursuant to NRS

124-36   482.368, 482.3765, 482.377 or 482.378, a fee of $5.

124-37      (c) [For] Except as otherwise provided in section 2 of

124-38   this act, for any souvenir license plate issued pursuant to

124-39   NRS 482.3825 or sample license plate issued pursuant to

124-40   NRS 482.2703, a fee equal to that established by the

124-41   director for the issuance of those plates.

124-42      3.  A fee must not be charged for a duplicate or

124-43   substitute of a decal issuedpursuant to NRS 482.37635.

124-44      4.  The fees which are paid for duplicate number

124-45   plates and decals displaying county names must be

125-1  deposited with the state treasurer for credit to the motor

125-2  vehicle fund and allocated to the department to defray the

125-3   costs of duplicating the plates and manufacturing the

125-4   decals.

125-5      5.  As used in this section:

125-6      (a) “Duplicate number plate” means a license plate or

125-7   a set of license plates issued to a registered owner which

125-8   repeat the code of a plate or set of plates previously

125-9   issued to the owner to maintain his registration using the

125-10   same code.

125-11      (b) “Substitute number plate” means a license plate or

125-12   a set of license plates issued in place of a previously

125-13   issued and unexpired plate or set of plates. The plate or

125-14   set of plates does not repeat the code of the previously

125-15   issued plate or set.

125-16      Sec. 7.  [Sections 2, 4 and 7] Section 4 of Senate Bill

125-17   No. 77 of this session [are] is hereby amended to read as

125-18   follows:

125-19      Sec. 4.  NRS 482.500 is hereby amended to read

125-20   as follows:

125-21      482.500  1.  Except as otherwise provided in

125-22   subsection 2 or 3, whenever upon application any

125-23   duplicate or substitute certificate of registration, decal

125-24   or number plate is issued, the following fees must be

125-25   paid:

 

125-26  For a certificate of registration$5.00

125-27  For every substitute number plate or set

125-28   of plates5.00

125-29  For every duplicate number plate or set

125-30   of plates10.00

125-31  For every decal displaying a county

125-32   name  .50

125-33  For every other decal, license plate

125-34   sticker or tab5.00

 

125-35      2.  The following fees must be paid for any

125-36   replacement plate or set of plates issued for the

125-37   following special license plates:

125-38      (a) For any special plate issued pursuant to NRS

125-39   482.3667, 482.3672, 482.3675, 482.370 to 482.376,

125-40   inclusive, or 482.379 to 482.3816, inclusive, [and]

125-41   section 2 of [this act,] Assembly Bill No. 113 of this

125-42   session and section 1 of this act, a fee of $10.

125-43      (b) For any special plate issued pursuant to NRS

125-44   482.368, 482.3765, 482.377 or 482.378, a fee of $5.

126-1      (c) Except as otherwise provided in section 2 of

126-2  [this act,] Assembly Bill No. 113 of this session and

126-3   section 1 of this act, for any souvenir license plate

126-4   issued pursuant to NRS 482.3825 or sample license

126-5   plate issued pursuant to NRS 482.2703, a fee equal to

126-6   that established by the director for the issuance of

126-7   those plates.

126-8      3.  A fee must not be charged for a duplicate or

126-9   substitute of a decal issued pursuant to

126-10  NRS 482.37635.

126-11      4.  The fees which are paid for duplicate number

126-12   plates and decals displaying county names must be

126-13   deposited with the state treasurer for credit to the

126-14   motor vehicle fund and allocated to the department to

126-15   defray the costs of duplicating the plates and

126-16   manufacturing the decals.

126-17      5.  As used in this section:

126-18      (a) “Duplicate number plate” means a license plate

126-19   or a set of license plates issued to a registered owner

126-20   which repeat the code of a plate or set of plates

126-21   previously issued to the owner to maintain his

126-22   registration using the same code.

126-23      (b) “Substitute number plate” means a license plate

126-24   or a set of license plates issued in place of a previously

126-25   issued and unexpired plate or set of plates. The plate

126-26   or set of plates does not repeat the code of the

126-27   previously issued plate or set.

126-28      Sec. 9.  1.  This section and sections 7 and 7.5 of

126-29   this act become effective on September 30, 2001.

126-30      2.  Sections 1, 2, 3, 5[, 7] and 8 of this act become

126-31   effective on October 1, 2001.

126-32      [2.] 3.  Sections 3.5 and 5.5 of this act become

126-33   effective at 12:02 a.m. on October 1, 2001.

126-34      4.  Sections 4 and 6 of this act become effective at

126-35   [12:02] 12:03 a.m. on October 1, 2001.

126-36      [3.] 5.  The amendatory provisions of sections 2, 3.5,

126-37   5 , [and] 6 and 7 of this act expire by limitation on

126-38   October 1, 2005, if on that date the department of motor

126-39   vehicles and public safety has received fewer than 250

126-40   applications for the issuance of license plates pursuant to

126-41   section 2 of this act.

126-42      [4.] 6.  The amendatory provisions of [section]

126-43   sections 3 , 4 and 5.5 of this act expire by limitation on

126-44   October 1, 2005, if on that date the department of motor

126-45   vehicles and public safety has received fewer than 250

127-1  applications for the issuance of license plates pursuant to

127-2  section 3 of this act.

127-3      Sec. 8.6.  Chapter 355, Statutes of Nevada 2001, at page

127-4   1675, is hereby amended by adding thereto a new section to

127-5   be designated as section 3.5, immediately following section

127-6   3, to read as follows:

127-7      Sec. 3.5.  NRS 482.216 is hereby amended to read as

127-8   follows:

127-9      482.216  1.  Upon the request of a new vehicle

127-10   dealer, the department may authorize the new vehicle

127-11   dealer to:

127-12      (a) Accept applications for the registration of the new

127-13   motor vehicles he sells and the related fees and taxes;

127-14      (b) Issue certificates of registration to applicants who

127-15   satisfy the requirements of this chapter; and

127-16      (c) Accept applications for the transfer of registration

127-17   pursuant to NRS 482.399 if the applicant purchased from

127-18   the new vehicle dealer a new vehicle to which the

127-19   registration is to be transferred.

127-20      2.  A new vehicle dealer who is authorized to issue

127-21   certificates of registration pursuant to subsection 1 shall:

127-22      (a) Transmit the applications he receives to the

127-23   department within the period prescribed by the

127-24   department;

127-25      (b) Transmit the fees he collects from the applicants

127-26   and properly account for them within the period

127-27   prescribed by the department;

127-28      (c) Comply with the regulations adopted pursuant to

127-29   subsection 4; and

127-30      (d) Bear any cost of equipment which is necessary to

127-31   issue certificates of registration, including any computer

127-32   hardware or software.

127-33      3.  A new vehicle dealer who is authorized to issue

127-34   certificates of registration pursuant to subsection 1 shall

127-35   not:

127-36      (a) Charge any additional fee for the performance of

127-37   those services;

127-38      (b) Receive compensation from the department for the

127-39   performance of those services;

127-40      (c) Accept applications for the renewal of registration

127-41   of a motor vehicle; or

127-42      (d) Accept an application for the registration of a

127-43   motor vehicle if the applicant wishes to:

127-44        (1) Obtain special license plates pursuant to NRS

127-45   482.3667 to 482.3825, inclusive[;] , and section 2 of this

127-46   act; or

128-1         (2) Claim the exemption from the governmental

128-2  services tax provided pursuant to NRS 361.1565 to

128-3   veterans and their relations.

128-4      4.  The director shall adopt such regulations as are

128-5   necessary to carry out the provisions of this section. The

128-6   regulations adopted pursuant to this subsection must

128-7   provide for:

128-8      (a) The expedient and secure issuance of license plates

128-9   and decals by the department; and

128-10      (b) The withdrawal of the authority granted to a new

128-11   vehicle dealer pursuant to subsection 1 if that dealer fails

128-12   to comply with the regulations adopted by the

128-13   department.

128-14      Sec. 8.7.  Chapter 355, Statutes of Nevada 2001, at page

128-15   1676, is hereby amended by adding thereto a new section to

128-16   be designated as section 5.5, immediately following section

128-17   5, to read as follows:

128-18      Sec. 5.5.  NRS 482.500 is hereby amended to read as

128-19   follows:

128-20      482.500  1.  Except as otherwise provided in

128-21   subsection 2 or 3, whenever upon application any

128-22   duplicate or substitute certificate of registration, decal or

128-23   number plate is issued, the following fees must be paid:

 

128-24  For a certificate of registration$5.00

128-25  For every substitute number plate or set of

128-26   plates5.00

128-27  For every duplicate number plate or set of

128-28   plates10.00

128-29  For every decal displaying a county name  .50

128-30  For every other decal, license plate sticker

128-31   or tab5.00

 

128-32      2.  The following fees must be paid for any

128-33   replacement plate or set of plates issued for the following

128-34   special license plates:

128-35      (a) For any special plate issued pursuant to NRS

128-36   482.3667, 482.3672, 482.3675, 482.370 to 482.376,

128-37   inclusive, or 482.379 to 482.3816, inclusive, and section

128-38   3 of this act, a fee of $10.

128-39      (b) For any special plate issued pursuant to NRS

128-40   482.368, 482.3765, 482.377 or 482.378, a fee of $5.

128-41      (c) For any souvenir license plate issued pursuant to

128-42   NRS 482.3825 or sample license plate issued pursuant to

128-43   NRS 482.2703, a fee equal to that established by the

128-44   director for the issuance of those plates.

129-1      3.  A fee must not be charged for a duplicate or

129-2  substitute of a decal issuedpursuant to NRS 482.37635.

129-3      4.  The fees which are paid for duplicate number

129-4   plates and decals displaying county names must be

129-5   deposited with the state treasurer for credit to the motor

129-6   vehicle fund and allocated to the department to defray the

129-7   costs of duplicating the plates and manufacturing the

129-8   decals.

129-9      5.  As used in this section:

129-10      (a) “Duplicate number plate” means a license plate or

129-11   a set of license plates issued to a registered owner which

129-12   repeat the code of a plate or set of plates previously

129-13   issued to the owner to maintain his registration using the

129-14   same code.

129-15      (b) “Substitute number plate” means a license plate or

129-16   a set of license plates issued in place of a previously

129-17   issued and unexpired plate or set of plates. The plate or

129-18   set of plates does not repeat the code of the previously

129-19   issued plate or set.

129-20      Sec. 8.8.  Chapter 355, Statutes of Nevada 2001, at page

129-21   1678, is hereby amended by adding thereto a new section to

129-22   be designated as section 7.5, immediately following section

129-23   7, to read as follows:

129-24      Sec. 7.5.  Section 7 of chapter 99, Statutes of Nevada

129-25   2001, at page 587, is hereby amended to read as follows:

129-26      Sec. 7.  1.  This section and sections 1, 3, 5 and

129-27   6 of this act become effective on October 1, 2001.

129-28      2.  Sections 2 and 4 of this act become effective at

129-29   12:04 a.m. on October 1, 2001.

129-30      3.  The amendatory provisions of this act expire by

129-31   limitation on October 1, 2005, if on that date the

129-32   department of motor vehicles and public safety has

129-33   received fewer than 250 applications for the issuance

129-34   of a license plate pursuant to subsections 1 to 6,

129-35   inclusive, of section 1 of this act.

129-36      Sec. 8.9.  Section 4 of chapter 316, Statutes of Nevada

129-37   2001, at page 1468, and section 5 of chapter 324, Statutes of

129-38   Nevada 2001, at page 1513, are hereby repealed.

129-39    Sec. 56.  Section 1 of chapter 386, Statutes of Nevada 2001, at

129-40   page 1865, is hereby amended to read as follows:

129-41      Section 1.  NRS 125B.070 is hereby amended to read as

129-42   follows:

129-43      125B.070  1.  As used in this section and NRS

129-44   125B.080, unless the context otherwise requires:

129-45      (a) “Gross monthly income” means the total amount of

129-46   income received each month from any source of a [wage-

130-1  earning employee] person who is not self-employed or the

130-2  gross income from any source of a self-employed person,

130-3   after deduction of all legitimate business expenses, but

130-4   without deduction for personal income taxes, contributions

130-5   for retirement benefits, contributions to a pension or for any

130-6   other personal expenses.

130-7      (b) “Obligation for support” means the sum certain dollar

130-8   amount determined according to the following schedule:

130-9         (1) For one child, 18 percent;

130-10        (2) For two children, 25 percent;

130-11        (3) For three children, 29 percent;

130-12        (4) For four children, 31 percent; and

130-13        (5) For each additional child, an additional

130-14  2 percent,

130-15  of a parent’s gross monthly income, but not more than [$500]

130-16   the presumptive maximum amount per month per child set

130-17   forth for the parent in subsection 2 for an obligation for

130-18   support determined pursuant to subparagraphs (1) to (4),

130-19   inclusive, unless the court sets forth findings of fact as to the

130-20   basis for a different amount pursuant to subsection 6 of

130-21  NRS 125B.080.

130-22    2.  [On or before January 18, 1993, and on or before the

130-23   third Monday in January every 4 years thereafter, the State

130-24   Bar of Nevada shall review the formulas set forth in this

130-25   section to determine whether any modifications are advisable

130-26   and report to the legislature their findings and any proposed

130-27   amendments.] For the purposes of paragraph (b) of

130-28   subsection 1, the presumptive maximum amount per month

130-29   per child for an obligation for support, as adjusted

130-30   pursuant to subsection 3, is:

 

130-31    PRESUMPTIVE MAXIMUM AMOUNT

130-32    The Presumptive Maximum Amount the

130-33    INCOME RANGE    Parent May be Required to Pay

130-34       If the Parent’s GrossBut         per Month per Child Pursuant to

130-35    Monthly Income is at Least        Less ThanParagraph (b) of Subsection 1 is

 

130-36    $0          -  $4,168$500

130-37    4,168          -  6,251     550

130-38    6,251          -  8,334     600

130-39    8,334          -  10,418   650

130-40    10,418        -  12,501   700

130-41    12,501        -  14,583   750

130-42  If a parent’s gross monthly income is equal to or greater

130-43   than $14,583, the presumptive maximum amount the

130-44   parent

131-1  may be required to pay pursuant to paragraph (b) of

131-2  subsection 1 is $800.

131-3     3.  The amounts set forth in subsection 2 for each

131-4   income range and the corresponding amount of the

131-5   obligation for support must be adjusted on July 1 of each

131-6   year for the fiscal year beginning that day and ending

131-7  June 30 in a rounded dollar amount corresponding to the

131-8   percentage of increase or decrease in the Consumer Price

131-9   Index (All Items) published by the United States

131-10   Department of Labor for the preceding calendar year. On

131-11   April 1 of each year, the office of court administrator shall

131-12   determine the amount of the increase or decrease required

131-13   by this subsection, establish the adjusted amounts to take

131-14   effect on July 1 of that year and notify each district court of

131-15   the adjusted amounts.

131-16    4.  As used in this section, “office of court

131-17   administrator” means the office of court administrator

131-18   created pursuant to NRS 1.320.

131-19    Sec. 57.  Sections 1 and 3 of chapter 387, Statutes of Nevada

131-20   2001, at pages 1868 and 1870, respectively, are hereby amended to

131-21   read respectively as follows:

131-22      Section 1.  Chapter 171 of NRS is hereby amended by

131-23   adding thereto a new section to read as follows:

131-24    1.  Except as otherwise provided in subsection 3, in a

131-25   county whose population is 100,000 or more, a peace

131-26   officer with limited jurisdiction who witnesses a category A

131-27   felony being committed or attempted in his presence, or has

131-28   reasonable cause for believing a person has committed or

131-29   attempted to commit a category A felony in an area that is

131-30   within his jurisdiction, shall immediately notify the primary

131-31   law enforcement agency in the city or county, as

131-32   appropriate, where the offense or attempted offense was

131-33   committed.

131-34    2.  Upon arrival of an officer from the primary law

131-35   enforcement agency notified pursuant to subsection 1, a

131-36   peace officer with limited jurisdiction shall immediately

131-37   transfer the investigation of the offense or attempted

131-38   offense to the primary law enforcement agency.

131-39    3.  The provisions of subsection 1 do not:

131-40      (a) Apply to an offense or attempted offense that is a

131-41   misdemeanor, gross misdemeanor or felony other than a

131-42   category A felony;

131-43      (b) Apply to an officer of the Nevada Highway Patrol, a

131-44   member of the police department of the University and

131-45   Community College System of Nevada, an agent of the

131-46   investigation division of the department of public safety or

131-47   a

132-1  ranger of the division of state parks of the state department

132-2  of conservation and natural resources;

132-3      (c) Apply to a peace officer with limited jurisdiction if an

132-4   interlocal agreement between his employer and the primary

132-5   law enforcement agency in the city or county in which a

132-6   category A felony was committed or attempted authorizes

132-7   the peace officer with limited jurisdiction to respond to and

132-8   investigate the felony without immediately notifying the

132-9   primary law enforcement agency; or

132-10      (d) Prohibit a peace officer with limited jurisdiction

132-11   from:

132-12        (1) Contacting a primary law enforcement agency for

132-13   assistance with an offense that is a misdemeanor, gross

132-14   misdemeanor or felony that is not a category A felony; or

132-15        (2) Responding to a category A felony until the

132-16   appropriate primary law enforcement agency arrives at the

132-17   location where the felony was allegedly committed or

132-18   attempted, including, without limitation, taking any

132-19   appropriate action to provide assistance to a victim of the

132-20   felony, to apprehend the person suspected of committing or

132-21   attempting to commit the felony, to secure the location

132-22   where the felony was allegedly committed or attempted and

132-23   to protect the life and safety of the peace officer and any

132-24   other person present at that location.

132-25    4.  As used in this section:

132-26      (a) “Peace officer with limited jurisdiction” means:

132-27        (1) A school police officer who is appointed or

132-28   employed pursuant to subsection 6 of NRS 391.100;

132-29        (2) An airport guard or police officer who is

132-30   appointed pursuant to NRS 496.130;

132-31        (3) A person employed to provide police services for

132-32   an airport authority created by a special act of the

132-33   legislature; and

132-34        (4) A marshal or park ranger who is part of a unit of

132-35   specialized law enforcement established pursuant to

132-36  NRS 280.125.

132-37      (b) “Primary law enforcement agency” means:

132-38        (1) A police department of an incorporated city;

132-39        (2) The sheriff’s office of a county; or

132-40        (3) If the county is within the jurisdiction of a

132-41   metropolitan police department, the metropolitan police

132-42   department.

132-43      Sec. 3.  NRS 289.190 is hereby amended to read as

132-44   follows:

132-45      289.190  1.  A person employed or appointed to serve as

132-46   a school police officer pursuant to subsection 6 of NRS

133-1  391.100 has the powers of a peace officer. A school police

133-2  officer shall perform his duties in compliance with the

133-3   provisions of section 1 of this act.

133-4     2.  A person appointed pursuant to NRS 393.0718 by the

133-5   board of trustees of any school district has the powers of a

133-6   peace officer to carry out the intents and purposes of NRS

133-7   393.071 to 393.0719, inclusive.

133-8     3.  Members of every board of trustees of a school

133-9   district, superintendents of schools, principals and teachers

133-10   have concurrent power with peace officers for the protection

133-11   of children in school and on the way to and from school, and

133-12   for the enforcement of order and discipline among such

133-13   children, including children who attend school within one

133-14   school district but reside in an adjoining school district or

133-15   adjoining state, pursuant to the provisions of chapter 392 of

133-16   NRS. This subsection must not be construed so as to make it

133-17   the duty of superintendents of schools, principals and

133-18   teachers to supervise the conduct of children while not on the

133-19   school property.

133-20    Sec. 58.  Sections 1 and 2 of chapter 388, Statutes of Nevada

133-21   2001, at pages 1871 and 1872, respectively, are hereby amended to

133-22   read respectively as follows:

133-23      Section 1.  NRS 616A.035 is hereby amended to read as

133-24   follows:

133-25      616A.035  1.  “Accident benefits” means medical,

133-26   surgical, hospital or other treatments, nursing, medicine,

133-27   medical and surgical supplies, crutches and apparatuses,

133-28   including prosthetic devices.

133-29    2.  The term includes:

133-30      (a) Medical benefits as defined by NRS 617.130;

133-31      (b) Preventive treatment administered as a precaution to

133-32   an employee who is exposed to a contagious disease while

133-33   providing medical services, including emergency medical

133-34   care, in the course and scope of his employment; [and]

133-35      (c) Preventive treatment administered as a precaution to a

133-36   police officer or a salaried or volunteer fireman who:

133-37        (1) Was exposed to a contagious disease:

133-38            (I) Upon battery by an offender; or

133-39            (II) While performing the duties of a police officer

133-40   or fireman,

133-41  if the exposure is documented by the creation and

133-42   maintenance of a report concerning the exposure pursuant to

133-43   paragraph (a) of subsection 1 of NRS 616C.052; or

133-44        (2) Tests positive for exposure to tuberculosis under

133-45   the circumstances described in NRS 616C.052[.] ; and

134-1      (d) Preventive treatment for hepatitis administered as a

134-2  precaution to a full-time salaried fireman or an emergency

134-3   medical attendant employed in this state.

134-4     3.  The term does not include:

134-5      (a) Exercise equipment, a hot tub or a spa for an

134-6   employee’s home;

134-7      (b) Membership in an athletic or health club;

134-8      (c) Except as otherwise provided in NRS 616C.245, a

134-9   motor vehicle; or

134-10      (d) The costs of operating a motor vehicle provided

134-11   pursuant to NRS 616C.245, fees related to the operation or

134-12   licensing of the motor vehicle or insurance for the motor

134-13   vehicle.

134-14    4.  As used in this section:

134-15      (a) “Battery” includes, without limitation, the intentional

134-16   propelling or placing, or the causing to be propelled or

134-17   placed, of any human excrement or bodily fluid upon the

134-18   person of an employee.

134-19      (b) “Emergency medical attendant” means a person

134-20   licensed as an attendant or certified as an emergency

134-21   medical technician, intermediate emergency medical

134-22   technician or advanced emergency medical technician

134-23   pursuant to chapter 450B of NRS, whose primary duties of

134-24   employment are the provision of emergency medical

134-25   services.

134-26      (c) “Hepatitis” includes hepatitis A, hepatitis B,

134-27   hepatitis C and any additional diseases or conditions that

134-28   are associated with or result from hepatitis A, hepatitis B or

134-29   hepatitis C.

134-30      (d) “Preventive treatment” includes, without limitation:

134-31        (1) Tests to determine if an employee has contracted

134-32   [a] hepatitis or any other contagious disease to which he was

134-33   exposed; and

134-34        (2) If an employee tests positive for exposure to

134-35   tuberculosis under the circumstances described in NRS

134-36   616C.052, such medication and chest X-rays as are

134-37   recommended by the Centers for Disease Control and

134-38   Prevention of the Department of Health and Human Services.

134-39      Sec. 2.  NRS 616A.265 is hereby amended to read as

134-40   follows:

134-41      616A.265  1.  “Injury” or “personal injury” means a

134-42   sudden and tangible happening of a traumatic nature,

134-43   producing an immediate or prompt result which is

134-44   established by medical evidence, including injuries to

134-45   prosthetic devices. Any injury sustained by an employee

134-46   while engaging in an athletic or social event sponsored by his

134-47   employer shall be

135-1  deemed not to have arisen out of or in the course of

135-2  employment unless the employee received remuneration for

135-3   participation in the event.

135-4     2.  For the purposes of chapters 616A to 616D, inclusive,

135-5   of NRS:

135-6      (a) Coronary thrombosis, coronary occlusion, or any other

135-7   ailment or disorder of the heart, and any death or disability

135-8   ensuing therefrom, shall be deemed not to be an injury by

135-9   accident sustained by an employee arising out of and in the

135-10   course of his employment.

135-11      (b) The exposure of an employee to a contagious disease

135-12   while providing medical services, including emergency

135-13   medical care, in the course and scope of his employment

135-14   shall be deemed to be an injury by accident sustained by the

135-15   employee arising out of and in the course of his employment.

135-16      (c) Except as otherwise provided in paragraph (d), the

135-17   exposure to a contagious disease of a police officer or a

135-18   salaried or volunteer fireman who was exposed to the

135-19   contagious disease:

135-20        (1) Upon battery by an offender; or

135-21        (2) While performing the duties of a police officer or

135-22   fireman,

135-23  shall be deemed to be an injury by accident sustained by the

135-24   police officer or fireman arising out of and in the course of

135-25   his employment if the exposure is documented by the

135-26   creation and maintenance of a report concerning the

135-27   exposure pursuant to paragraph (a) of subsection 1 of NRS

135-28   616C.052. As used in this paragraph, the term “battery”

135-29   includes, without limitation, the intentional propelling or

135-30   placing, or the causing to be propelled or placed, of any

135-31   human excrement or bodily fluid upon the person of an

135-32   employee.

135-33      (d) If a police officer or a salaried or volunteer fireman

135-34   tests positive for exposure to tuberculosis under the

135-35   circumstances described in subsection 2 or 3 of NRS

135-36   616C.052, he shall be deemed to have sustained an injury by

135-37   accident arising out of and in the course of his employment,

135-38   unless the insurer can prove by a preponderance of the

135-39   evidence that the exposure was not related to the

135-40   employment of the police officer or fireman.

135-41    Sec. 59.  1.  Section 3 of chapter 390, Statutes of Nevada

135-42   2001, at page 1887, is hereby amended to read as follows:

135-43      Sec. 3.  NRS 484.37945 is hereby amended to read as

135-44   follows:

135-45      484.37945  1.  When a program of treatment is ordered

135-46   pursuant to paragraph (a) or (b) of subsection 1 of NRS

135-47   484.3792, the court shall place the offender under the clinical

136-1  supervision of a treatment facility for treatment for a period

136-2  not to exceed 1 year, in accordance with the report submitted

136-3   to the court pursuant to subsection 3, 4 or 5 of NRS

136-4   484.37943. The court shall:

136-5      (a) Order the offender confined in a treatment facility,

136-6   then release the offender for supervised aftercare in the

136-7   community; or

136-8      (b) Release the offender for treatment in the

136-9  community,

136-10  for the period of supervision ordered by the court.

136-11    2.  The court shall:

136-12      (a) Require the treatment facility to submit monthly

136-13   progress reports on the treatment of an offender pursuant to

136-14   this section; and

136-15      (b) Order the offender, to the extent of his financial

136-16   resources, to pay any charges for his treatment pursuant to

136-17   this section. If the offender does not have the financial

136-18   resources to pay all those charges, the court shall, to the

136-19   extent possible, arrange for the offender to obtain his

136-20   treatment from a treatment facility that receives a sufficient

136-21   amount of federal or state money to offset the remainder of

136-22   the charges.

136-23    3.  A treatment facility is not liable for any damages to

136-24   person or property caused by a person who:

136-25      (a) Drives, operates or is in actual physical control of a

136-26   vehicle or a vessel under power or sail while under the

136-27   influence of intoxicating liquor or a controlled substance; or

136-28      (b) Engages in any other conduct prohibited by NRS

136-29   484.379, 484.3795, subsection 2 of NRS 488.400, NRS

136-30   488.410 or 488.420 or a law of any other jurisdiction that

136-31   prohibits the same or similar conduct,

136-32  after the treatment facility has certified to his successful

136-33   completion of a program of treatment ordered pursuant to

136-34   paragraph (a) or (b) of subsection 1 of NRS 484.3792.

136-35    2.  Chapter 390, Statutes of Nevada 2001, at page 1888, is

136-36   hereby amended by adding thereto a new section to be designated

136-37   as section 5, immediately following section 4, to read as follows:

136-38      Sec. 5.  Section 3 of this act becomes effective at 12:01

136-39   a.m. on October 1, 2001.

136-40    Sec. 60.  1.  Sections 10 and 13 of chapter 395, Statutes of

136-41   Nevada 2001, at pages 1912 and 1913, respectively, are hereby

136-42   amended to read respectively as follows:

136-43      Sec. 10.  NRS 458.155 is hereby amended to read as

136-44   follows:

136-45      458.155  1.  If a halfway house for recovering alcohol

136-46   and drug abusers violates any provisions related to its

137-1  certification, including, without limitation, any law of this

137-2  state or any applicable condition, standard or regulation

137-3   adopted by the board, the health division may:

137-4      (a) Suspend or revoke its certification; and

137-5      (b) Impose an administrative fine of not more than $1,000

137-6   per day for each violation, together with interest thereon at a

137-7   rate not to exceed 10 percent per annum.

137-8     2.  In addition to the provisions of subsection 1, the

137-9   health division may revoke the certification of a halfway

137-10   house for recovering alcohol and drug abusers if, with

137-11   respect to that halfway house, the person or governmental

137-12   entity that operates and maintains the halfway house, or an

137-13   agent or employee of the person or governmental entity:

137-14      (a) Is convicted of violating any of the provisions of

137-15  NRS 202.470;

137-16      (b) Is ordered to but fails to abate a nuisance pursuant to

137-17   NRS 244.360, 244.3603 or 268.4124; or

137-18      (c) Is ordered by the appropriate governmental agency to

137-19   correct a violation of a building, safety or health code or

137-20   regulation but fails to correct the violation.

137-21    3.  If a halfway house for recovering alcohol and drug

137-22   abusers fails to pay an administrative fine imposed pursuant

137-23   to subsection 1, the health division may:

137-24      (a) Suspend the certificate of the halfway house until the

137-25   administrative fine is paid; and

137-26      (b) Collect court costs, reasonable attorney’s fees and

137-27   other costs incurred to collect the administrative fine.

137-28    4.  Any money collected as an administrative fine must

137-29   be deposited in the state general fund. If money is needed to

137-30   pay the costs of an investigation or inspection to carry out the

137-31   provisions of NRS 458.141 to 458.171, inclusive, the health

137-32   division may present a claim to the state board of examiners

137-33   for recommendation to the interim finance committee.

137-34    5.  The health division shall maintain a log of any

137-35   complaints that it receives relating to activities for which the

137-36   health division may revoke the certification of a halfway

137-37   house for recovering alcohol and drug abusers pursuant to

137-38   subsection 2.

137-39    6.  On or before February 1 of each odd-numbered year,

137-40   the health division shall submit to the director of the

137-41   legislative counsel bureau a written report setting forth, for

137-42   the previous biennium:

137-43      (a) Any complaints included in the log maintained by the

137-44   health division pursuant to subsection 5; and

137-45      (b) Any disciplinary actions taken by the health division

137-46   pursuant to subsection 2.

138-1      Sec. 13.  1.  This section and sections 7 [to 12,

138-2  inclusive,] , 8, 9, 11, 12 and 14 of this act become effective

138-3   on July 1, 2001.

138-4     2.  Sections 1 , 2 to 6, inclusive, and 10 of this act

138-5   become effective at 12:01 a.m. on July 1, 2001.

138-6     3.  Section 1.5 of this act becomes effective on

138-7  January 1, 2002.

138-8     2.  Chapter 395, Statutes of Nevada 2001, at page 1909, is

138-9   hereby amended by adding thereto a new section to be designated

138-10   as section 1.5, immediately following section 1, to read as follows:

138-11      Sec. 1.5.  NRS 278.021 is hereby amended to read as

138-12   follows:

138-13      278.021  1.  In any ordinance adopted by a city or

138-14   county, the definition of “single-family residence” must

138-15   include a:

138-16      (a) Residential facility for groups in which 10 or fewer

138-17   unrelated persons with disabilities reside with:

138-18        (1) House parents or guardians who need not be

138-19   related to any of the persons with disabilities; and

138-20        (2) If applicable, additional persons who are related to

138-21   the house parents or guardians within the third degree of

138-22   consanguinity or affinity.

138-23      (b) Home for individual residential care.

138-24      (c) Halfway house for recovering alcohol and drug

138-25   abusers.

138-26    2.  The provisions of subsection 1 do not prohibit a

138-27   definition of “single-family residence” which permits more

138-28   persons to reside in a residential facility for groups, nor does

138-29   it prohibit regulation of homes which are operated on a

138-30   commercial basis. For the purposes of this subsection, a

138-31   residential facility for groups, a halfway house for recovering

138-32   alcohol and drug abusers or a home for individual residential

138-33   care shall not be deemed to be a home that is operated on a

138-34   commercial basis for any purposes relating to building codes

138-35   or zoning.

138-36    3.  The health division of the department of human

138-37   resources shall compile and maintain a registry of

138-38   information relating to each residential establishment that

138-39   exists in this state and shall make available for access on the

138-40   Internet or its successor, if any, the information contained in

138-41   the registry. The registry must include with respect to each

138-42   residential establishment:

138-43      (a) The name of the owner of the establishment;

138-44      (b) The name of the administrator of the establishment;

138-45      (c) The address of the establishment; and

139-1      (d) The number of clients for which the establishment is

139-2  licensed.

139-3  Any department or agency of a county or city that becomes

139-4   aware of the existence of a residential establishment that is

139-5   not included in the registry shall transmit such information to

139-6   the health division, as is necessary, for inclusion in the

139-7   registry within 30 days after obtaining the information.

139-8     4.  The governing body of a county whose population is

139-9   100,000 or more or the governing body of a city in such a

139-10   county or any department or agency of the city or county

139-11   shall approve the first application submitted on or after

139-12  July 1, 2000, to operate a residential establishment within a

139-13   particular neighborhood in the jurisdiction of the governing

139-14   body. If a subsequent application is submitted to operate an

139-15   additional residential establishment at a location that is

139-16   within the minimum distance established by the governing

139-17   body pursuant to this subsection from an existing residential

139-18   establishment, the governing body shall review the

139-19   application based on applicable zoning ordinances. The

139-20   requirements of this subsection do not require the relocation

139-21   or displacement of any residential establishment which

139-22   existed before [the effective date of this act] July 1, 2001,

139-23   from its location on that date. The provisions of this

139-24   subsection do not create or impose a presumption that the

139-25   location of more than one residential establishment within

139-26   the minimum distance of each other established by the

139-27   governing body pursuant to this subsection is inappropriate

139-28   under all circumstances with respect to the enforcement of

139-29   zoning ordinances and regulations. For purposes of this

139-30   subsection, each governing body shall establish by ordinance

139-31   a minimum distance between residential establishments that

139-32   is at least 660 feet but not more than 1,500 feet.

139-33    5.  The governing body of a county or city shall not

139-34   refuse to issue a special use permit to a residential

139-35   establishment that meets local public health and safety

139-36   standards.

139-37    6.  The provisions of this section must not be applied in

139-38   any manner which would result in a loss of money from the

139-39   Federal Government for programs relating to housing.

139-40    7.  As used in this section:

139-41      (a) “Halfway house for recovering alcohol and drug

139-42   abusers” has the meaning ascribed to it in NRS [458.010.]

139-43   449.008.

139-44      (b) “Home for individual residential care” has the

139-45   meaning ascribed to it in NRS 449.0105.

139-46      (c) “Person with a disability” means a person:

140-1         (1) With a physical or mental impairment that

140-2  substantially limits one or more of the major life activities of

140-3   the person;

140-4         (2) With a record of such an impairment; or

140-5         (3) Who is regarded as having such an impairment.

140-6      (d) “Residential establishment” means a home for

140-7   individual residential care in a county whose population is

140-8   100,000 or more, a halfway house for recovering alcohol and

140-9   drug abusers or a residential facility for groups.

140-10      (e) “Residential facility for groups” has the meaning

140-11   ascribed to it in NRS 449.017.

140-12    Sec. 61.  1.  Sections 11 and 14 of chapter 397, Statutes of

140-13   Nevada 2001, at pages 1918 and 1919, respectively, are hereby

140-14   amended to read respectively as follows:

140-15      Sec. 11.  NRS 218.6827 is hereby amended to read as

140-16   follows:

140-17      218.6827  1.  Except as otherwise provided in

140-18   subsections 2 and 3, the interim finance committee may

140-19   exercise the powers conferred upon it by law only when the

140-20   legislature is not in regular or special session.

140-21    2.  During a regular session, the interim finance

140-22   committee may also perform the duties imposed on it by

140-23   subsection 5 of NRS 284.115, subsection 2 of NRS 321.335,

140-24   NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050,

140-25   subsection 1 of NRS 323.100, [subsection 1 of NRS

140-26   341.145,] NRS 353.220, 353.224, 353.2705 to 353.2771,

140-27   inclusive, and 353.335, paragraph (b) of subsection 4 of NRS

140-28   407.0762, NRS 428.375, 439.620, 439.630, subsection 6 of

140-29   NRS 445B.830 and NRS 538.650. In performing those

140-30   duties, the senate standing committee on finance and the

140-31   assembly standing committee on ways and means may meet

140-32   separately and transmit the results of their respective votes to

140-33   the chairman of the interim finance committee to determine

140-34   the action of the interim finance committee as a whole.

140-35    3.  During a regular or special session, the interim

140-36   finance committee may exercise the powers and duties

140-37   conferred upon it pursuant to the provisions of NRS

140-38   353.2705 to 353.2771, inclusive.

140-39    4.  If the interim finance committee determines that a

140-40   fundamental review of the base budget of a state agency is

140-41   necessary, it shall, by resolution, notify the legislative

140-42   commission of that finding for assignment of the review to a

140-43   legislative committee for the fundamental review of the base

140-44   budgets of state agencies established pursuant to

140-45  NRS 218.5382.

141-1      Sec. 14.  1.  This section and [sections] section 12.5 of

141-2  this act become effective on June 30, 2001.

141-3     2.  Sections 1 to 9, inclusive, 11, 12 and 13 of this act

141-4   become effective on July 1, 2001.

141-5     2.  Chapter 397, Statutes of Nevada 2001, at page 1919, is

141-6   hereby amended by adding thereto a new section to be designated

141-7   as section 12.5, immediately following section 12, to read as

141-8   follows:

141-9      Sec. 12.5.  Sections 6 and 7 of chapter 531, Statutes of

141-10   Nevada 2001, at pages 2682 and 2683, respectively, are

141-11   hereby amended to read respectively as follows:

141-12      Sec. 6.  NRS 218.6827 is hereby amended to read as

141-13   follows:

141-14      218.6827  1.  Except as otherwise provided in

141-15   subsections 2 and 3, the interim finance committee may

141-16   exercise the powers conferred upon it by law only when

141-17   the legislature is not in regular or special session.

141-18      2.  During a regular session, the interim finance

141-19   committee may also perform the duties imposed on it by

141-20   subsection 5 of NRS 284.115, subsection 2 of NRS

141-21   321.335, NRS 322.007, subsection 2 of NRS 323.020,

141-22   NRS 323.050, subsection 1 of NRS 323.100, NRS

141-23   353.220, 353.224, 353.2705 to 353.2771, inclusive, and

141-24   353.335, paragraph (b) of subsection 4 of NRS 407.0762

141-25   [,] and NRS 428.375, 439.620, 439.630, [subsection 6 of

141-26   NRS] 445B.830 and [NRS] 538.650. In performing those

141-27   duties, the senate standing committee on finance and the

141-28   assembly standing committee on ways and means may

141-29   meet separately and transmit the results of their respective

141-30   votes to the chairman of the interim finance committee to

141-31   determine the action of the interim finance committee as a

141-32   whole.

141-33      3.  During a regular or special session, the interim

141-34   finance committee may exercise the powers and duties

141-35   conferred upon it pursuant to the provisions of NRS

141-36   353.2705 to 353.2771, inclusive.

141-37      4.  If the interim finance committee determines that a

141-38   fundamental review of the base budget of a state agency

141-39   is necessary, it shall, by resolution, notify the legislative

141-40   commission of that finding for assignment of the review

141-41   to a legislative committee for the fundamental review of

141-42   the base budgets of state agencies established pursuant to

141-43   NRS 218.5382.

141-44      Sec. 7.  1.  This section and sections 1, 3[, 4 and 6]

141-45   and 4 of this act become effective on July 1, 2001.

141-46      2.  [Section] Sections 5 and 6 of this act [becomes]

141-47   become effective at 12:01 a.m. on July 1, 2001.

142-1      3.  Section 2 of this act becomes effective on

142-2  January 1, 2002.

142-3     Sec. 62.  1.  Section 1 of chapter 398, Statutes of Nevada

142-4   2001, at page 1920, is hereby amended to read as follows:

142-5      Section 1.  NRS 444.630 is hereby amended to read as

142-6   follows:

142-7      444.630  1.  [As used in this section, “garbage” includes

142-8   swill, refuse, cans, bottles, paper, vegetable matter, carcass

142-9   of any dead animal, offal from any slaughter pen or butcher

142-10   shop, trash or rubbish.

142-11    2. Every] A person who [willfully] places, deposits or

142-12   dumps, or who causes to be placed, deposited or dumped, or

142-13   who causes or allows to overflow, any sewage, sludge,

142-14   cesspool or septic tank effluent, or accumulation of human

142-15   excreta, or any [garbage,] solid waste, in or upon any street,

142-16   alley, public highway or road in common use, or upon any

142-17   public park or other public property other than property

142-18   designated or set aside for such a purpose by the governing

142-19   body having charge thereof, or upon any private property ,

142-20   [into or upon which the public is admitted by easement,

142-21   license or otherwise,] is guilty of :

142-22      (a) For a first offense within the immediately preceding

142-23   2 years, a misdemeanor. [and, if the convicted person

142-24   agrees, he shall be sentenced to]

142-25      (b) For a second offense within the immediately

142-26   preceding 2 years, a gross misdemeanor and shall be

142-27   punished by imprisonment in the county jail for not fewer

142-28   than 14 days but not more than 1 year.

142-29      (c) For a third or subsequent offense within the

142-30   immediately preceding 2 years, a gross misdemeanor and

142-31   shall be punished by imprisonment in the county jail for 1

142-32   year.

142-33    2.  In addition to any criminal penalty imposed

142-34   pursuant to subsection 1 and any civil penalty imposed

142-35   pursuant to NRS 444.635, a court shall sentence a person

142-36   convicted of violating subsection 1:

142-37      (a) If the person is a natural person, to clean up the

142-38   dump site and perform 10 hours of community service under

142-39   the conditions prescribed in NRS 176.087.

142-40      (b) If the person is a business entity:

142-41        (1) For a first or second offense within the

142-42   immediately preceding 2 years, to:

142-43            (I) Clean up the dump site; and

142-44            (II) Perform 40 hours of community service

142-45   cleaning up other dump sites identified by the solid waste

142-46   management authority.

143-1         (2) For a third or subsequent offense within the

143-2  immediately preceding 2 years, to:

143-3             (I) Clean up the dump site; and

143-4             (II) Perform 200 hours of community service

143-5   cleaning up other dump sites identified by the solid waste

143-6   management authority.

143-7     3.  If a person is sentenced to clean up a dump site

143-8   pursuant to subsection 2, the person shall:

143-9      (a) Within 3 calendar days after sentencing, commence

143-10   cleaning up the dump site; and

143-11      (b) Within 5 business days after cleaning up the dump

143-12   site, provide to the solid waste management authority proof

143-13   of the lawful disposal of the sewage, solid waste or other

143-14   matter that the person was convicted of disposing of

143-15   unlawfully.

143-16  The solid waste management authority shall prescribe the

143-17   forms of proof which may be provided to satisfy the

143-18   provisions of paragraph (b).

143-19    4.  In addition to any other penalty prescribed by law, if

143-20   a business entity is convicted of violating subsection 1:

143-21      (a) Such violation constitutes reasonable grounds for

143-22   the revocation of any license to engage in business that has

143-23   been issued to the business entity by any governmental

143-24   entity of this state; and

143-25      (b) The solid waste management authority may seek the

143-26   revocation of such a license by way of any applicable

143-27   procedures established by the governmental entity that

143-28   issued the license.

143-29    5.  Except as otherwise provided in NRS 444.585,

143-30   ownership of [garbage] solid waste does not transfer from the

143-31   person who originally possessed it until it is received for

143-32   transport by a person authorized to dispose of solid waste

143-33   pursuant to this chapter or until it is disposed of at a

143-34   municipal disposal site. Identification of the owner of any

143-35   [garbage] solid waste which is disposed of in violation of

143-36   subsection [2] 1 creates a reasonable inference that the owner

143-37   is the person who disposed of the [garbage.] solid waste. The

143-38   fact that the disposal of the [garbage] solid waste was not

143-39   witnessed does not, in and of itself, preclude the

143-40   identification of its owner.

143-41      [4.] 6.  All:

143-42      (a) Health officers and their deputies;

143-43      (b) Game wardens;

143-44      (c) Police officers of cities and towns;

143-45      (d) Sheriffs and their deputies;

143-46      (e) Other peace officers of the State of Nevada; and

144-1      (f) Other persons who are specifically designated by the

144-2  local government to do so,

144-3  shall, within their respective jurisdictions, enforce the

144-4   provisions of this section.

144-5      [5.] 7.  A district health officer or his deputy or other

144-6   person specifically designated by the local government to do

144-7   so may issue a citation for any violation of this section which

144-8   occurs within his jurisdiction.

144-9      [6.] 8.  To effectuate the purposes of this section, the

144-10   persons charged with enforcing this section may request

144-11   information from any:

144-12      (a) Agency of the state or its political subdivisions.

144-13      (b) Employer, public or private.

144-14      (c) Employee organization or trust of any kind.

144-15      (d) Financial institution or other entity which is in the

144-16   business of providing credit reports.

144-17      (e) Public utility.

144-18  Each of these persons and entities, their officers and

144-19   employees, shall cooperate by providing any information in

144-20   their possession which may aid in the location and

144-21   identification of a person believed to be in violation of

144-22   subsection [2.] 1. A disclosure made in good faith pursuant

144-23   to this subsection does not give rise to any action for

144-24   damages for the disclosure.

144-25    2.  Chapter 398, Statutes of Nevada 2001, at page 1922, is

144-26   hereby amended by adding thereto a new section to be designated

144-27   as section 1.5, immediately following section 1, to read as follows:

144-28      Sec. 1.5.  Section 10 of chapter 272, Statutes of Nevada

144-29   2001, at page 1235, is hereby amended to read as follows:

144-30      Sec. 10.  NRS 444.630 is hereby amended to read as

144-31   follows:

144-32      444.630  1.  A person who places, deposits or

144-33   dumps, or who causes to be placed, deposited or dumped,

144-34   or who causes or allows to overflow, any sewage, sludge,

144-35   cesspool or septic tank effluent, or accumulation of

144-36   human excreta, or any solid waste, in or upon any street,

144-37   alley, public highway or road in common use, or upon

144-38   any public park or other public property other than

144-39   property designated or set aside for such a purpose by the

144-40   governing body having charge thereof, or upon any

144-41   private property, is guilty of:

144-42      (a) For a first offense within the immediately

144-43   preceding 2 years, a misdemeanor.

144-44      (b) For a second offense within the immediately

144-45   preceding 2 years, a gross misdemeanor and shall be

145-1  punished by imprisonment in the county jail for not fewer

145-2  than 14 days but not more than 1 year.

145-3      (c) For a third or subsequent offense within the

145-4   immediately preceding 2 years, a gross misdemeanor and

145-5   shall be punished by imprisonment in the county jail for 1

145-6   year.

145-7      2.  In addition to any criminal penalty imposed

145-8   pursuant to subsection 1 , [and] any civil penalty imposed

145-9   pursuant to NRS 444.635[,] and any administrative

145-10   penalty imposed pursuant to section 6 of this act, a court

145-11   shall sentence a person convicted of violating

145-12  subsection 1:

145-13      (a) If the person is a natural person, to clean up the

145-14   dump site and perform 10 hours of community service

145-15   under the conditions prescribed in NRS 176.087.

145-16      (b) If the person is a business entity:

145-17        (1) For a first or second offense within the

145-18   immediately preceding 2 years, to:

145-19            (I) Clean up the dump site; and

145-20            (II) Perform 40 hours of community service

145-21   cleaning up other dump sites identified by the solid waste

145-22   management authority.

145-23        (2) For a third or subsequent offense within the

145-24   immediately preceding 2 years, to:

145-25            (I) Clean up the dump site; and

145-26            (II) Perform 200 hours of community service

145-27   cleaning up other dump sites identified by the solid waste

145-28   management authority.

145-29      3.  If a person is sentenced to clean up a dump site

145-30   pursuant to subsection 2, the person shall:

145-31      (a) Within 3 calendar days after sentencing,

145-32   commence cleaning up the dump site; and

145-33      (b) Within 5 business days after cleaning up the dump

145-34   site, provide to the solid waste management authority

145-35   proof of the lawful disposal of the sewage, solid waste or

145-36   other matter that the person was convicted of disposing of

145-37   unlawfully.

145-38  The solid waste management authority shall prescribe the

145-39   forms of proof which may be provided to satisfy the

145-40   provisions of paragraph (b).

145-41      4.  In addition to any other penalty prescribed by law,

145-42   if a business entity is convicted of violating subsection 1:

145-43      (a) Such violation constitutes reasonable grounds for

145-44   the revocation of any license to engage in business that

145-45   has been issued to the business entity by any

145-46   governmental entity of this state; and

146-1      (b) The solid waste management authority may seek

146-2  the revocation of such a license by way of any applicable

146-3   procedures established by the governmental entity that

146-4   issued the license.

146-5      5.  Except as otherwise provided in NRS 444.585,

146-6   ownership of solid waste does not transfer from the

146-7   person who originally possessed it until it is received for

146-8   transport by a person authorized to dispose of solid waste

146-9   pursuant to this chapter or until it is disposed of at a

146-10   municipal disposal site. Identification of the owner of any

146-11   solid waste which is disposed of in violation of subsection

146-12   1 creates a reasonable inference that the owner is the

146-13   person who disposed of the solid waste. The fact that the

146-14   disposal of the solid waste was not witnessed does not, in

146-15   and of itself, preclude the identification of its owner.

146-16      6.  All:

146-17      (a) Health officers and their deputies;

146-18      (b) Game wardens;

146-19      (c) Police officers of cities and towns;

146-20      (d) Sheriffs and their deputies;

146-21      (e) Other peace officers of the State of Nevada; and

146-22      (f) Other persons who are specifically designated by

146-23   the local government to do so,

146-24  shall, within their respective jurisdictions, enforce the

146-25   provisions of this section.

146-26      7.  A district health officer or his deputy or other

146-27   person specifically designated by the local government to

146-28   do so may issue a citation for any violation of this section

146-29   which occurs within his jurisdiction.

146-30      8.  To effectuate the purposes of this section, the

146-31   persons charged with enforcing this section may request

146-32   information from any:

146-33      (a) Agency of the state or its political subdivisions.

146-34      (b) Employer, public or private.

146-35      (c) Employee organization or trust of any kind.

146-36      (d) Financial institution or other entity which is in the

146-37   business of providing credit reports.

146-38      (e) Public utility.

146-39  Each of these persons and entities, their officers and

146-40   employees, shall cooperate by providing any information

146-41   in their possession which may aid in the location and

146-42   identification of a person believed to be in violation of

146-43   subsection 1. A disclosure made in good faith pursuant to

146-44   this subsection does not give rise to any action for

146-45   damages for the disclosure.

147-1     Sec. 63.  1.  Section 15 of chapter 399, Statutes of Nevada

147-2  2001, at page 1928, is hereby amended to read as follows:

147-3      Sec. 15.  1.  This section and sections 1 to 11,

147-4   inclusive, and 12 to 14, inclusive, of this act [becomes]

147-5   become effective on January 1, 2002.

147-6     2.  Section 11 of this act expires by limitation on May 1,

147-7   2004, if, on January 1, 2003, the commissioner of

147-8   insurance issues a determination that the cumulative

147-9   average increase in premiums for policies of insurance,

147-10   contracts for hospital or medical service and evidence of

147-11   coverage delivered or issued for delivery pursuant to

147-12   chapters 689A, 689B, 695B and 695C of NRS, respectively,

147-13   that is directly attributable to coverage for the treatment of

147-14   conditions relating to severe mental illness required to be

147-15   provided by chapter 576, Statutes of Nevada 1999, is

147-16   greater than 6 percent.

147-17    3.  Section 11.5 of this act becomes effective at 12:01

147-18   a.m. on May 1, 2004, if, on January 1, 2003, the

147-19   commissioner of insurance issues a determination that the

147-20   cumulative average increase in premiums for policies of

147-21   insurance, contracts for hospital or medical service and

147-22   evidence of coverage delivered or issued for delivery

147-23   pursuant to chapters 689A, 689B, 695B and 695C of NRS,

147-24   respectively, that is directly attributable to coverage for the

147-25   treatment of conditions relating to severe mental illness

147-26   required to be provided by chapter 576, Statutes of Nevada

147-27   1999, is greater than 6 percent.

147-28    2.  Chapter 399, Statutes of Nevada 2001, at page 1926, is

147-29   hereby amended by adding thereto a new section to be designated

147-30   as section 11.5, immediately following section 11, to read as

147-31   follows:

147-32      Sec. 11.5.  NRS 287.010 is hereby amended to read as

147-33   follows:

147-34      287.010  1.  The governing body of any county, school

147-35   district, municipal corporation, political subdivision, public

147-36   corporation or other public agency of the State of Nevada

147-37   may:

147-38      (a) Adopt and carry into effect a system of group life,

147-39   accident or health insurance, or any combination thereof, for

147-40   the benefit of its officers and employees, and the dependents

147-41   of officers and employees who elect to accept the insurance

147-42   and who, where necessary, have authorized the governing

147-43   body to make deductions from their compensation for the

147-44   payment of premiums on the insurance.

147-45      (b) Purchase group policies of life, accident or health

147-46   insurance, or any combination thereof, for the benefit of such

147-47   officers and employees, and the dependents of such officers

147-48   and employees, as have authorized the purchase, from

148-1  insurance companies authorized to transact the business of

148-2  such insurance in the State of Nevada, and, where necessary,

148-3   deduct from the compensation of officers and employees the

148-4   premiums upon insurance and pay the deductions upon the

148-5   premiums.

148-6      (c) Provide group life, accident or health coverage

148-7   through a self-insurance reserve fund and, where necessary,

148-8   deduct contributions to the maintenance of the fund from the

148-9   compensation of officers and employees and pay the

148-10   deductions into the fund. The money accumulated for this

148-11   purpose through deductions from the compensation of

148-12   officers and employees and contributions of the governing

148-13   body must be maintained as an internal service fund as

148-14   defined by NRS 354.543. The money must be deposited in a

148-15   state or national bank or credit union authorized to transact

148-16   business in the State of Nevada. Any independent

148-17   administrator of a fund created under this section is subject

148-18   to the licensing requirements of chapter 683A of NRS, and

148-19   must be a resident of this state. Any contract with an

148-20   independent administrator must be approved by the

148-21   commissioner of insurance as to the reasonableness of

148-22   administrative charges in relation to contributions collected

148-23   and benefits provided. The provisions of section 3 of this act

148-24   and NRS 689B.030 to 689B.050, inclusive, apply to

148-25   coverage provided pursuant to this paragraph.

148-26      (d) Defray part or all of the cost of maintenance of a self

148-27  -insurance fund or of the premiums upon insurance. The

148-28   money for contributions must be budgeted for in accordance

148-29   with the laws governing the county, school district,

148-30   municipal corporation, political subdivision, public

148-31   corporation or other public agency of the State of Nevada.

148-32    2.  If a school district offers group insurance to its

148-33   officers and employees pursuant to this section, members of

148-34   the board of trustees of the school district must not be

148-35   excluded from participating in the group insurance. If the

148-36   amount of the deductions from compensation required to pay

148-37   for the group insurance exceeds the compensation to which a

148-38   trustee is entitled, the difference must be paid by the trustee.

148-39    Sec. 64.  Section 3 of chapter 403, Statutes of Nevada 2001, at

148-40   page 1937, is hereby amended to read as follows:

148-41      Sec. 3.  Section 14 of chapter 552, Statutes of Nevada

148-42   1999, at page 2883, is hereby amended to read as follows:

148-43      Sec. 14.  1.  This act becomes effective on July 1,

148-44   1999.

148-45      2.  [Sections 1 to 10, inclusive,] Section 3 of this act

148-46   [expire] expires by limitation on June 30, 2001.

149-1      3.  Sections 1 to 2, inclusive, and 4 to 10, inclusive,

149-2  of this act expire by limitation on June 30, 2003.

149-3     Sec. 65.  Section 20 of chapter 406, Statutes of Nevada 2001,

149-4   at page 1955, and section 27 of chapter 406, Statutes of Nevada

149-5   2001, as amended by section 71.5 of chapter 575, Statutes of

149-6   Nevada 2001, at page 2932, are hereby amended to read

149-7   respectively as follows:

149-8      Sec. 20.  NRS 281.4365 is hereby amended to read as

149-9   follows:

149-10      281.4365  1.  “Public officer” means a person elected or

149-11   appointed to a position which is established by the

149-12   constitution of the State of Nevada, a statute of this state or

149-13   an ordinance of any of its counties or incorporated cities and

149-14   which involves the exercise of a public power, trust or duty.

149-15   As used in this section, “the exercise of a public power, trust

149-16   or duty” means:

149-17      (a) Actions taken in an official capacity which involve a

149-18   substantial and material exercise of administrative discretion

149-19   in the formulation of public policy;

149-20      (b) The expenditure of public money; and

149-21      (c) The enforcement of laws and rules of the state, a

149-22   county or a city.

149-23    2.  “Public officer” does not include:

149-24      (a) Any justice, judge or other officer of the court system;

149-25      (b) Any member of a board, commission or other body

149-26   whose function is advisory;

149-27      (c) Any member of a board of trustees for a general

149-28   improvement district or special district whose official duties

149-29   do not include the formulation of a budget for the district or

149-30   the authorization of the expenditure of the district’s money;

149-31   or

149-32      (d) A county health officer appointed pursuant to

149-33  NRS 439.290.

149-34    3.  “Public office” does not include an office held by:

149-35      (a) Any justice, judge or other officer of the court

149-36   system;

149-37      (b) Any member of a board, commission or other body

149-38   whose function is advisory;

149-39      (c) Any member of a board of trustees for a general

149-40   improvement district or special district whose official duties

149-41   do not include the formulation of a budget for the district

149-42   or the authorization of the expenditure of the district’s

149-43   money; or

149-44      (d) A county health officer appointed pursuant to

149-45  NRS 439.290.

149-46      Sec. 27.  [Sections 20 and]

150-1     1.  Section 25 of this act [become] becomes effective at

150-2  12:01 a.m. on October 1, 2001.

150-3     2.  Section 20 of this act becomes effective at 12:02 a.m.

150-4   on October 1, 2001.

150-5     Sec. 66.  Sections 1 and 3 of chapter 409, Statutes of Nevada

150-6   2001, at pages 2004 and 2005, respectively, are hereby amended to

150-7   read respectively as follows:

150-8      Section 1.  Section 5 of chapter 474, Statute of Nevada

150-9   1977, as last amended by chapter [83,] 413, Statutes of

150-10   Nevada [1981,] 2001, at page [181,] 2042, is hereby

150-11   amended to read as follows:

150-12      Sec. 5.  1.  The authority [shall] must be directed

150-13   and governed by a board of trustees composed of nine

150-14   persons.

150-15      2.  The City of Reno [shall] must be represented on

150-16   the board by four members, the City of Sparks by two

150-17   members and Washoe County by two members,

150-18   appointed as specified in this section. The terms of all

150-19   trustees appointed by the city councils of the cities of

150-20   Reno and Sparks and the board of county commissioners

150-21   of Washoe County pursuant to this section [prior to]

150-22   before its amendment expire on July 1, 1981. On July 1,

150-23   1981:

150-24      (a) The city council of the City of Reno shall appoint

150-25   four trustees, two for terms of 2 years and two for terms

150-26   of 4 years. Subsequent appointments [shall] must be

150-27   made for terms of 4 years.

150-28      (b) The city council of the City of Sparks shall appoint

150-29   two trustees, one for a term of 2 years and one for a term

150-30   of 4 years. Subsequent appointments [shall] must be

150-31   made for a term of 4 years.

150-32      (c) The board of county commissioners of Washoe

150-33   County shall appoint two trustees, one for a term of 2

150-34   years and one for a term of 4 years. Subsequent

150-35   appointments [shall] must be made for terms of 4 years.

150-36      3.  In addition to the members appointed pursuant to

150-37   subsection 2, on July 1, 2001, the County Fair and

150-38   Recreation Board of Washoe County shall appoint one

150-39   trustee who represents consumers of services provided at

150-40   the airport for a term of 4 years. Subsequent appointments

150-41   [shall] must be made for terms of 4 years.

150-42      4.  Each appointing authority:

150-43      (a) Other than the County Fair and Recreation Board

150-44   of Washoe County, shall appoint a person to serve on the

150-45   board only if the appointing authority determines that the

150-46   person:

151-1         (1) Has experience in the aviation, business or

151-2  tourism industry;

151-3         (2) Has experience in finance or accounting; or

151-4         (3) Possesses such other qualifications that the

151-5   appointing authority determines are necessary or

151-6   appropriate for carrying out the duties of the board; and

151-7      (b) May remove a member of the board which it

151-8   appointed only if the appointing authority determines that

151-9   the member willfully neglected or refused to perform an

151-10   official duty of the board. An appointing authority shall

151-11   not remove a member for exercising his independent

151-12   judgment.

151-13      5.  A member of the board of trustees shall not serve

151-14   for more than two terms.

151-15      6.  The position of a member of the board of trustees

151-16   [shall] must be considered vacated upon his loss of any of

151-17   the qualifications required for his appointment , and in

151-18   such event the appointing authority shall appoint a

151-19   successor.

151-20      7.  An appointment of a member of the board of

151-21   trustees pursuant to the provisions of this section must

151-22   be made not later than June 15 of the year in which the

151-23   member is required to be appointed.

151-24      Sec. 3.  Section 10.2 of chapter [737,] 474, Statutes of

151-25   Nevada [1989,] 1977, as last amended by chapter 614,

151-26   Statutes of Nevada 1993, at page 2554, is hereby amended to

151-27   read as follows:

151-28      Sec. 10.2  1.  The authority may enter into any

151-29   concession agreement if the board or its authorized

151-30   representative reviews the agreement and determines it is

151-31   in the best interest of the authority. In making [this] that

151-32   determination, the board or its authorized representative

151-33   shall consider whether the proposed fees to be paid to the

151-34   authority for the privileges granted are conducive to

151-35   revenue generation and providing high quality service to

151-36   the traveling public.

151-37      2.  Before entering into any concession agreement

151-38   providing estimated revenue to the authority of more than

151-39   $25,000, the Authority must:

151-40      (a) Comply with the bidding requirements of the Local

151-41   Government Purchasing Act[;] except the provisions of

151-42   subsection 3 of NRS 332.105; or

151-43      (b) Publish notice of its intention to enter the

151-44   agreement in a newspaper of general circulation in

151-45  the county at least three times during a period of 10 days.

151-46   The notice must specify the date, time and place of a

152-1  regular meeting of the Authority to be held after

152-2  completion of the publication at which any interested

152-3   person may appear.

152-4      3.  The board may authorize the executive director of

152-5   the authority to enter into any concession agreement on

152-6   behalf of the authority if the agreement provides

152-7   estimated revenue to the authority of $25,000 or less.

152-8   Such an agreement is not subject to the provisions of

152-9   subsection 2.

152-10    Sec. 67.  1.  Sections 3, 4, 15, 16, 17 and 18 of chapter 410,

152-11   Statutes of Nevada 2001, at pages 2010, 2011 and 2022, are hereby

152-12   amended to read respectively as follows:

152-13      Sec. 3.  NRS 338.143 is hereby amended to read as

152-14   follows:

152-15      338.143  1.  Except as otherwise provided in subsection

152-16   [6,] 7, a local government that awards a contract for the

152-17   construction, alteration or repair of a public work in

152-18   accordance with paragraph (b) of subsection 1 of NRS

152-19   338.1373, or a public officer, public employee or other

152-20   person responsible for awarding a contract for the

152-21   construction, alteration or repair of a public work who

152-22   represents that local government, shall not:

152-23      (a) Commence such a project for which the estimated cost

152-24   exceeds $100,000 unless it advertises in a newspaper of

152-25   general circulation in this state for bids for the project; or

152-26      (b) Divide such a project into separate portions to avoid

152-27   the requirements of paragraph (a).

152-28    2.  Except as otherwise provided in subsection [6,] 7, a

152-29   local government that maintains a list of properly licensed

152-30   contractors who are interested in receiving offers to bid on

152-31   public works projects for which the estimated cost is more

152-32   than $25,000 but less than $100,000 shall solicit bids from

152-33   not more than three of the contractors on the list for a

152-34   contract of that value for the construction, alteration or repair

152-35   of a public work. The local government shall select

152-36   contractors from the list in such a manner as to afford each

152-37   contractor an equal opportunity to bid on a public works

152-38   project. A properly licensed contractor must submit a written

152-39   request annually to the local government to remain on the

152-40   list. Offers for bids which are made pursuant to this

152-41   subsection must be sent by certified mail.

152-42    3.  Approved plans and specifications for the bids must

152-43   be on file at a place and time stated in the advertisement for

152-44   the inspection of all persons desiring to bid thereon and for

152-45   other interested persons. Contracts for the project must be

152-46   awarded on the basis of bids received.

153-1     4.  Any bids received in response to an advertisement for

153-2  bids may be rejected if the person responsible for awarding

153-3   the contract determines that:

153-4      (a) The bidder is not responsive or responsible;

153-5      (b) The quality of the services, materials, equipment or

153-6   labor offered does not conform to the approved plan or

153-7   specifications; or

153-8      (c) The public interest would be served by such a

153-9   rejection.

153-10    5.  Before a local government may commence a project

153-11   subject to the provisions of this section, based upon a

153-12   determination that the public interest would be served by

153-13   rejecting any bids received in response to an advertisement

153-14   for bids, it shall prepare and make available for public

153-15   inspection a written statement containing:

153-16      (a) A list of all persons, including supervisors, whom the

153-17   local government intends to assign to the project, together

153-18   with their classifications and an estimate of the direct and

153-19   indirect costs of their labor;

153-20      (b) A list of all equipment that the local government

153-21   intends to use on the project, together with an estimate of the

153-22   number of hours each item of equipment will be used and the

153-23   hourly cost to use each item of equipment;

153-24      (c) An estimate of the cost of administrative support for

153-25   the persons assigned to the project;

153-26      (d) An estimate of the total cost of the project; and

153-27      (e) An estimate of the amount of money the local

153-28   government expects to save by rejecting the bids and

153-29   performing the project itself.

153-30    6.  In preparing the estimated cost of a project pursuant

153-31   to subsection 5, a local government must include the fair

153-32   market value of, or, if known, the actual cost of, all

153-33   materials, supplies, labor and equipment to be used for the

153-34   project.

153-35    7.  This section does not apply to:

153-36      (a) Any utility subject to the provisions of chapter 318 or

153-37   710 of NRS;

153-38      (b) Any work of construction, reconstruction,

153-39   improvement and maintenance of highways subject to NRS

153-40   408.323 or 408.327;

153-41      (c) Normal maintenance of the property of a school

153-42   district; [or]

153-43      (d) The Las Vegas Valley water district created pursuant

153-44   to chapter 167, Statutes of Nevada 1947, the Moapa Valley

153-45   water district created pursuant to chapter 477, Statutes of

154-1  Nevada 1983 or the Virgin Valley water district created

154-2  pursuant to chapter 100, Statutes of Nevada 1993[.] ; or

154-3      (e) The design and construction of a public work for

154-4   which a public body contracts with a design-build team

154-5   pursuant to NRS 338.1711 to 338.1727, inclusive.

154-6      Sec. 4.  NRS 338.147 is hereby amended to read as

154-7   follows:

154-8      338.147  1.  Except as otherwise provided in NRS

154-9   338.143 and 338.1711 to 338.1727, inclusive, a local

154-10   government shall award a contract for a public work to the

154-11   contractor who submits the best bid.

154-12    2.  Except as otherwise provided in subsection 10 or

154-13   limited by subsection 11, for the purposes of this section, a

154-14   contractor who:

154-15      (a) Has been found to be a responsible and responsive

154-16   contractor by the local government; and

154-17      (b) At the time he submits his bid, provides to the local

154-18   government a copy of a certificate of eligibility to receive a

154-19   preference in bidding on public works issued to him by the

154-20   state contractors’ board pursuant to subsection 3 or 4,

154-21  shall be deemed to have submitted a better bid than a

154-22   competing contractor who has not provided a copy of such a

154-23   valid certificate of eligibility if the amount of his bid is not

154-24   more than 5 percent higher than the amount bid by the

154-25   competing contractor.

154-26    3.  The state contractors’ board shall issue a certificate of

154-27   eligibility to receive a preference in bidding on public works

154-28   to a general contractor who is licensed pursuant to the

154-29   provisions of chapter 624 of NRS and submits to the board

154-30   an affidavit from a certified public accountant setting forth

154-31   that the general contractor has, while licensed as a general

154-32   contractor in this state:

154-33      (a) Paid directly, on his own behalf:

154-34        (1) The sales and use taxes imposed pursuant to

154-35   chapters 372, 374 and 377 of NRS on materials used for

154-36   construction in this state, including, without limitation,

154-37   construction that is undertaken or carried out on land within

154-38   the boundaries of this state that is managed by the Federal

154-39   Government or is on an Indian reservation or Indian colony,

154-40   of not less than $5,000 for each consecutive 12-month period

154-41   for 60 months immediately preceding the submission of the

154-42   affidavit from the certified public accountant;

154-43        (2) The governmental services tax imposed pursuant to

154-44   chapter 371 of NRS on the vehicles used in the operation of

154-45   his business in this state of not less than $5,000 for each

154-46   consecutive 12-month period for 60 months immediately

155-1  preceding the submission of the affidavit from the certified

155-2  public accountant; or

155-3         (3) Any combination of such sales and use taxes and

155-4   governmental services tax; or

155-5      (b) Acquired, by purchase, inheritance, gift or transfer

155-6   through a stock option plan, all the assets and liabilities of a

155-7   viable, operating construction firm that possesses a:

155-8         (1) License as a general contractor pursuant to the

155-9   provisions of chapter 624 of NRS; and

155-10        (2) Certificate of eligibility to receive a preference in

155-11   bidding on public works.

155-12    4.  The state contractors’ board shall issue a certificate of

155-13   eligibility to receive a preference in bidding on public works

155-14   to a specialty contractor who is licensed pursuant to the

155-15   provisions of chapter 624 of NRS and submits to the board

155-16   an affidavit from a certified public accountant setting forth

155-17   that the specialty contractor has, while licensed as a specialty

155-18   contractor in this state:

155-19      (a) Paid directly, on his own behalf:

155-20        (1) The sales and use taxes pursuant to chapters 372,

155-21   374 and 377 of NRS on materials used for construction in

155-22   this state, including, without limitation, construction that is

155-23   undertaken or carried out on land within the boundaries of

155-24   this state that is managed by the Federal Government or is on

155-25   an Indian reservation or Indian colony, of not less than

155-26   $5,000 for each consecutive 12-month period for 60 months

155-27   immediately preceding the submission of the affidavit from

155-28   the certified public accountant;

155-29        (2) The governmental services tax imposed pursuant to

155-30   chapter 371 of NRS on the vehicles used in the operation of

155-31   his business in this state of not less than $5,000 for each

155-32   consecutive 12-month period for 60 months immediately

155-33   preceding the submission of the affidavit from the certified

155-34   public accountant; or

155-35        (3) Any combination of such sales and use taxes and

155-36   governmental services tax; or

155-37      (b) Acquired, by purchase, inheritance, gift or transfer

155-38   through a stock option plan, all the assets and liabilities of a

155-39   viable, operating construction firm that possesses a:

155-40        (1) License as a specialty contractor pursuant to the

155-41   provisions of chapter 624 of NRS; and

155-42        (2) Certificate of eligibility to receive a preference in

155-43   bidding on public works.

155-44    5.  For the purposes of complying with the requirements

155-45   set forth in paragraph (a) of subsection 3 and paragraph (a) of

155-46   subsection 4, a contractor shall be deemed to have paid:

156-1      (a) Sales and use taxes and governmental services taxes

156-2  that were paid in this state by an affiliate or parent company

156-3   of the contractor, if the affiliate or parent company is also a

156-4   general contractor or specialty contractor, as applicable; and

156-5      (b) Sales and use taxes that were paid in this state by a

156-6   joint venture in which the contractor is a participant, in

156-7   proportion to the amount of interest the contractor has in the

156-8   joint venture.

156-9     6.  A contractor who has received a certificate of

156-10   eligibility to receive a preference in bidding on public works

156-11   from the state contractors’ board pursuant to subsection 3 or

156-12   4 shall, at the time for the annual renewal of his contractor’s

156-13   license pursuant to NRS 624.283, submit to the board an

156-14   affidavit from a certified public accountant setting forth that

156-15   the contractor has, during the immediately preceding 12

156-16   months, paid the taxes required pursuant to paragraph (a) of

156-17   subsection 3 or paragraph (a) of subsection 4, as applicable,

156-18   to maintain his eligibility to hold such a certificate.

156-19    7.  A contractor who fails to submit an affidavit to the

156-20   board pursuant to subsection 6 ceases to be eligible to

156-21   receive a preference in bidding on public works unless he

156-22   reapplies for and receives a certificate of eligibility pursuant

156-23   to subsection 3 or 4, as applicable.

156-24    8.  If a contractor holds more than one contractor’s

156-25   license, he must submit a separate application for each

156-26   license pursuant to which he wishes to qualify for a

156-27   preference in bidding. Upon issuance, the certificate of

156-28   eligibility to receive a preference in bidding on public works

156-29   becomes part of the contractor’s license for which the

156-30   contractor submitted the application.

156-31    9.  If a contractor who applies to the state contractors’

156-32   board for a certificate of eligibility to receive a preference in

156-33   bidding on public works submits false information to the

156-34   board regarding the required payment of taxes, the contractor

156-35   is not eligible to receive a preference in bidding on public

156-36   works for a period of 5 years after the date on which the

156-37   board becomes aware of the submission of the false

156-38   information.

156-39      10.  If any federal statute or regulation precludes the

156-40   granting of federal assistance or reduces the amount of that

156-41   assistance for a particular public work because of the

156-42   provisions of subsection 2, those provisions do not apply

156-43   insofar as their application would preclude or reduce federal

156-44   assistance for that work. The provisions of subsection 2 do

156-45   not apply to any contract for a public work which is expected

156-46   to cost less than $250,000.

157-1      11.  [Except as otherwise provided in subsection 2 of

157-2  NRS 338.1727 and subsection 2 of NRS 408.3886 if] If a bid

157-3   is submitted by two or more contractors as a joint venture or

157-4   by one of them as a joint venturer, the provisions of

157-5   subsection 2 apply only if both or all of the joint venturers

157-6   separately meet the requirements of that subsection.

157-7      12.  The state contractors’ board shall adopt regulations

157-8   and may assess reasonable fees relating to the certification of

157-9   contractors for a preference in bidding on public works.

157-10      13.  A person or entity who believes that a contractor

157-11   wrongfully holds a certificate of eligibility to receive a

157-12   preference in bidding on public works may challenge the

157-13   validity of the certificate by filing a written objection with

157-14   the public body to which the contractor has submitted a bid

157-15   or proposal on a contract for the completion of a public

157-16   work. A written objection authorized pursuant to this

157-17   subsection must:

157-18      (a) Set forth proof or substantiating evidence to support

157-19   the belief of the person or entity that the contractor

157-20   wrongfully holds a certificate of eligibility to receive a

157-21   preference in bidding on public works; and

157-22      (b) Be filed with the public body at or after the time at

157-23   which the contractor submitted the bid or proposal to the

157-24   public body and before the time at which the public body

157-25   awards the contract for which the bid or proposal was

157-26   submitted.

157-27      14.  If a public body receives a written objection pursuant

157-28   to subsection 13, the public body shall determine whether the

157-29   objection is accompanied by the proof or substantiating

157-30   evidence required pursuant to paragraph (a) of that

157-31   subsection. If the public body determines that the objection is

157-32   not accompanied by the required proof or substantiating

157-33   evidence, the public body shall dismiss the objection and

157-34   may proceed immediately to award the contract. If the public

157-35   body determines that the objection is accompanied by the

157-36   required proof or substantiating evidence, the public body

157-37   shall determine whether the contractor qualifies for the

157-38   certificate pursuant to the provisions of this section and may

157-39   proceed to award the contract accordingly.

157-40      Sec. 15.  Section 21 of [Assembly Bill No. 298 of the

157-41   1999 session] chapter 471, Statutes of Nevada 1999, as last

157-42   amended by section [35.6] 134 of chapter [627,] 10, Statutes

157-43   of Nevada [1999,] 2001, at page [3497,] 252, is hereby

157-44   amended to read as follows:

157-45      Sec. 21.  1.  This section and sections 2 to 8,

157-46   inclusive, 10 to 14, inclusive, and 16 to [19, inclusive,

158-1  and] 20 , inclusive, of this act become effective on

158-2  October 1, 1999.

158-3      2.  [Sections 19.2 and 19.6 of this act become

158-4   effective on October 1, 2003.

158-5      3.  Section 19.4 of this act becomes effective on

158-6  May 1, 2013.

158-7      4.]  Section 15 of this act becomes effective at 12:01

158-8   a.m. on May 1, 2013.

158-9      [5.] 3.  Sections 14, 18 and 19 of this act expire by

158-10   limitation on May 1, 2013.

158-11      Sec. 16.  Section 38 of chapter 627, Statutes of Nevada

158-12   1999, as amended by section 134 of chapter 10, Statutes of

158-13   Nevada 2001, at page [3504,] 252, is hereby amended to read

158-14   as follows:

158-15      Sec. 38.  1.  This section and sections [35.4,] 35.6

158-16   and 35.9 of this act, and [subsection] subsections 2 and 3

158-17   of section 36 of this act, become effective on

158-18  September 30, 1999.

158-19      2.  [Subsection 2] Sections 1 to 9, inclusive, and 14 to

158-20   35, inclusive, of this act and subsection 1 of section 36

158-21   of this act [becomes] become effective on October 1,

158-22   1999.

158-23      3.  [Sections 1 to 9, inclusive, 14 to 35, inclusive, and]

158-24   Section 37 of this act[, and subsection 1 of section 36 of

158-25   this act, become] becomes effective on October 1, 1999,

158-26   and [expire] expires by limitation on October 1, 2003.

158-27      4.  [Section] Sections 10, 13 and 35.8 of this act

158-28   [becomes] become effective at 12:01 a.m. on October 1,

158-29   1999.

158-30      5.  [Sections 10 and 35.8 of this act become effective

158-31   at 12:01 a.m. on October 1, 1999, and expire by limitation

158-32   on October 1, 2003.

158-33      6.]  Section 11 of this act becomes effective at 12:01

158-34   a.m. on October 1, 1999, and expires by limitation on

158-35  May 1, 2013.

158-36      [7.  Section 13.5 of this act becomes effective on

158-37   October 1, 2003.

158-38      8.  Section 35.2 of this act becomes effective on

158-39   October 1, 2003 and expires by limitation on May 1,

158-40   2013.

158-41      9.] 6.  Section 12 of this act becomes effective at

158-42   12:02 a.m. on May 1, 2013.

158-43      Sec. 17.  1.  Sections [12,] 13.5, 35.2 and 35.4 of

158-44   chapter 627, Statutes of Nevada 1999, at pages [3476,] 3479,

158-45   3490 and 3491, respectively, are hereby repealed.

158-46    2.  Sections 25 and 27 of chapter 13, Statutes of Nevada

158-47   2001, at pages 298 and 302, respectively, section 2 of

158-48   chapter 259, Statutes of Nevada 2001, at page 1145, section

159-1  3 of chapter 279, Statutes of Nevada 2001, at page 1271,

159-2  section 10 of chapter 397, Statutes of Nevada 2001, at page

159-3   1918, and sections 6, 9 and 12 of chapter 448, Statutes of

159-4   Nevada 2001, at pages 2261, 2265 and 2272, respectively,

159-5   are hereby repealed.

159-6      Sec. 18.  1.  This section and [sections] section 16.1 of

159-7   this act become effective on April 1, 2001.

159-8     2.  Sections 16.2 to 16.6, inclusive, of this act and

159-9   subsection 2 of section 17 of this act become effective on

159-10   June 15, 2001.

159-11    3.  Sections 5 to [17,] 16, inclusive, of this act and

159-12   subsection 1 of section 17 of this act become effective on

159-13   July 1, 2001.

159-14      [2.  Sections 2 and 4]

159-15    4.  Section 2 of this act [become] becomes effective at

159-16   12:01 a.m. on July 1, 2001.

159-17      [3.] 5.  Section 4 of this act becomes effective at 12:02

159-18   a.m. on July 1, 2001.

159-19    6.  Section 1 of this act becomes effective on May 1,

159-20   2013.

159-21      [4.] 7.  Section 3 of this act becomes effective at 12:03

159-22   a.m. on May 1, 2013.

159-23    2.  Chapter 410, Statutes of Nevada 2001, at page 2022, is

159-24   hereby amended by adding thereto new sections to be designated as

159-25   sections 16.1, 16.2, 16.3, 16.4, 16.5 and 16.6, immediately

159-26   following section 16, to read respectively as follows:

159-27      Sec. 16.1.  Section 134 of chapter 10, Statutes of Nevada

159-28   2001, at page 252, is hereby amended to read as follows:

159-29      Sec. 134.  1.  Sections 5, 6, 11, 12, 13, 24, 25, 27,

159-30   35.2, 35.6, 35.8, 36 and 38 of chapter 627, Statutes of

159-31   Nevada 1999, at pages 3469, 3470, 3474, 3476, 3477,

159-32   3484, 3485, 3490, 3497, 3503 and 3504, are hereby

159-33   amended to read respectively as follows:

159-34      Sec. 5.  1.  A public body shall advertise for

159-35   preliminary proposals for the design and

159-36   construction of a public work by a design-build team

159-37   at least twice each week for 3 consecutive weeks in:

159-38      (a) A newspaper of general circulation published

159-39   in the county in which the public work is proposed to

159-40   be constructed or, if there is no such newspaper, in a

159-41   newspaper of general circulation in the county

159-42   published in this state; and

159-43      (b) A newspaper of general circulation in this

159-44   state.

160-1      2.  A request for preliminary proposals published

160-2  pursuant to subsection 1 must include, without

160-3   limitation:

160-4      (a) A description of the public work to be designed

160-5   and constructed;

160-6      (b) Separate estimates of the costs of designing

160-7   and constructing the public work;

160-8      (c) The dates on which it is anticipated that the

160-9   separate phases of the design and construction of the

160-10   public work will begin and end;

160-11      (d) A statement setting forth the place and time in

160-12   which a design-build team desiring to submit a

160-13   proposal for the public work may obtain the

160-14   information necessary to submit a proposal,

160-15   including, without limitation, the extent to which

160-16   designs must be completed for both preliminary and

160-17   final proposals and any other requirements for the

160-18   design and construction of the public work that the

160-19   public body determines to be necessary;

160-20      (e) A list of the requirements set forth in section 6

160-21   of this act;

160-22      (f) A list of the factors that the public body will

160-23   use to evaluate design-build teams who submit a

160-24   proposal for the public work, including, without

160-25   limitation:

160-26      (1) The relative weight to be assigned to each

160-27   factor; and

160-28      (2) A disclosure of whether the factors that are

160-29   not related to cost are, when considered as a group,

160-30   more or less important in the process of evaluation

160-31   than the factor of cost;

160-32      (g) Notice that a design-build team desiring to

160-33   submit a proposal for the public work must include

160-34   with its proposal the information used by the public

160-35   body to determine finalists among the design-build

160-36   teams submitting proposals pursuant to subsection 2

160-37   of section 7 of this act and a description of that

160-38   information;

160-39      (h) A statement that a design-build team whose

160-40   prime contractor holds a certificate of eligibility to

160-41   receive a preference in bidding on public works

160-42   issued pursuant to NRS 338.147 or section 11 of

160-43   Assembly Bill No. 298 of this session should submit a

160-44   copy of the certificate of eligibility with its proposal;

160-45      (i) A statement as to whether a design-build team

160-46   that is selected as a finalist pursuant to section 7 of

161-1  this act but is not awarded the design-build contract

161-2  pursuant to section 8 of this act will be partially

161-3   reimbursed for the cost of preparing a final proposal

161-4   and, if so, an estimate of the amount of the partial

161-5   reimbursement; and

161-6      (j) The date by which preliminary proposals must

161-7   be submitted to the public body, which must not be

161-8   less than 30 days or more than 60 days after the date

161-9   on which the request for preliminary proposals is

161-10   first published in a newspaper pursuant to subsection

161-11   1.

161-12      Sec. 6.  To qualify to participate in a project for

161-13   the design and construction of a public work, a

161-14   design-build team must:

161-15      1.  Obtain a performance bond and payment

161-16   bond as required pursuant to NRS 339.025;

161-17      2.  Obtain insurance covering general liability

161-18   and liability for errors and omissions;

161-19      3.  Not have been found liable for breach of

161-20   contract with respect to a previous project, other than

161-21   a breach for legitimate cause;

161-22      4.  Not have been disqualified from being

161-23   awarded a contract pursuant to NRS 338.017,

161-24   338.145 or 408.333 or section 10 of Assembly Bill

161-25   No. 298 of this session; and

161-26      5.  Ensure that the members of the design-build

161-27   team possess the licenses and certificates required to

161-28   carry out the functions of their respective professions

161-29   within this state.

161-30      Sec. 11.  NRS 338.143 is hereby amended to read

161-31   as follows:

161-32      338.143  1.  Except as otherwise provided in

161-33   subsection 6 and NRS 338.1907, a local government

161-34   that awards a contract for the construction, alteration

161-35   or repair of a public work in accordance with

161-36   paragraph (b) of subsection 1 of section 2 of [this act,]

161-37   Assembly Bill No. 298 of this session, or a public

161-38   officer, public employee or other person responsible

161-39   for awarding a contract for the construction, alteration

161-40   or repair of a public work who represents that local

161-41   government, shall not:

161-42      (a) Commence such a project for which the

161-43   estimated cost exceeds $100,000 unless it advertises in

161-44   a newspaper of general circulation in this state for bids

161-45   for the project; or

161-46      (b) Divide such a project into separate portions to

161-47   avoid the requirements of paragraph (a).

162-1      2.  Except as otherwise provided in subsection 6, a

162-2  local government that maintains a list of properly

162-3   licensed contractors who are interested in receiving

162-4   offers to bid on public works projects for which the

162-5   estimated cost is more than $25,000 but less than

162-6   $100,000 shall solicit bids from not more than three of

162-7   the contractors on the list for a contract of that value

162-8   for the construction, alteration or repair of a public

162-9   work. The local government shall select contractors

162-10   from the list in such a manner as to afford each

162-11   contractor an equal opportunity to bid on a public

162-12   works project. A properly licensed contractor must

162-13   submit a written request annually to the local

162-14   government to remain on the list. Offers for bids

162-15   which are made pursuant to this subsection must be

162-16   sent by certified mail.

162-17      3.  Approved plans and specifications for the bids

162-18   must be on file at a place and time stated in the

162-19   advertisement for the inspection of all persons desiring

162-20   to bid thereon and for other interested persons.

162-21   Contracts for the project must be awarded on the basis

162-22   of bids received.

162-23      4.  Any bids received in response to an

162-24   advertisement for bids may be rejected if the person

162-25   responsible for awarding the contract determines that:

162-26      (a) The bidder is not responsive or responsible;

162-27      (b) The quality of the services, materials,

162-28   equipment or labor offered does not conform to the

162-29   approved plan or specifications; or

162-30      (c) The public interest would be served by such a

162-31   rejection.

162-32      5.  Before a local government may commence a

162-33   project subject to the provisions of this section, based

162-34   upon a determination that the public interest would be

162-35   served by rejecting any bids received in response to an

162-36   advertisement for bids, it shall prepare and make

162-37   available for public inspection a written statement

162-38   containing:

162-39      (a) A list of all persons, including supervisors,

162-40   whom the local government intends to assign to the

162-41   project, together with their classifications and an

162-42   estimate of the direct and indirect costs of their labor;

162-43      (b) A list of all equipment that the local

162-44   government intends to use on the project, together

162-45   with an estimate of the number of hours each item of

163-1  equipment will be used and the hourly cost to use each

163-2  item of equipment;

163-3      (c) An estimate of the cost of administrative

163-4   support for the persons assigned to the project;

163-5      (d) An estimate of the total cost of the project; and

163-6      (e) An estimate of the amount of money the local

163-7   government expects to save by rejecting the bids and

163-8   performing the project itself.

163-9      6.  This section does not apply to:

163-10      (a) Any utility subject to the provisions of chapter

163-11   318 or 710 of NRS;

163-12      (b) Any work of construction, reconstruction,

163-13   improvement and maintenance of highways subject to

163-14   NRS 408.323 or 408.327;

163-15      (c) Normal maintenance of the property of a school

163-16   district; [or]

163-17      (d) The Las Vegas Valley water district created

163-18   pursuant to chapter 167, Statutes of Nevada 1947 [.] ,

163-19   the Moapa Valley water district created pursuant to

163-20   chapter 477, Statutes of Nevada 1983 or the Virgin

163-21   Valley water district created pursuant to chapter 100,

163-22   Statutes of Nevada 1993; or

163-23      (e) The design and construction of a public work

163-24   for which a public body contracts with a design-build

163-25   team pursuant to sections 2 to 9, inclusive, of this act.

163-26      Sec. 12.  NRS 338.143 is hereby amended to read

163-27   as follows:

163-28      338.143  1.  Except as otherwise provided in

163-29   subsection 6, a local government that awards a

163-30   contract for the construction, alteration or repair of a

163-31   public work in accordance with paragraph (b) of

163-32   subsection 1 of section 2 of [this act,] Assembly Bill

163-33   No. 298 of this session, or a public officer, public

163-34   employee or other person responsible for awarding a

163-35   contract for the construction, alteration or repair of a

163-36   public work who represents that local government,

163-37   shall not:

163-38      (a) Commence such a project for which the

163-39   estimated cost exceeds $100,000 unless it advertises in

163-40   a newspaper of general circulation in this state for bids

163-41   for the project; or

163-42      (b) Divide such a project into separate portions to

163-43   avoid the requirements of paragraph (a).

163-44      2.  Except as otherwise provided in subsection 6, a

163-45   local government that maintains a list of properly

163-46   licensed contractors who are interested in receiving

163-47   offers to bid on public works projects for which the

164-1  estimated cost is more than $25,000 but less than

164-2  $100,000 shall solicit bids from not more than three of

164-3   the contractors on the list for a contract of that value

164-4   for the construction, alteration or repair of a public

164-5   work. The local government shall select contractors

164-6   from the list in such a manner as to afford each

164-7   contractor an equal opportunity to bid on a public

164-8   works project. A properly licensed contractor must

164-9   submit a written request annually to the local

164-10   government to remain on the list. Offers for bids

164-11   which are made pursuant to this subsection must be

164-12   sent by certified mail.

164-13      3.  Approved plans and specifications for the bids

164-14   must be on file at a place and time stated in the

164-15   advertisement for the inspection of all persons desiring

164-16   to bid thereon and for other interested persons.

164-17   Contracts for the project must be awarded on the basis

164-18   of bids received.

164-19      4.  Any bids received in response to an

164-20   advertisement for bids may be rejected if the person

164-21   responsible for awarding the contract determines that:

164-22      (a) The bidder is not responsive or responsible;

164-23      (b) The quality of the services, materials,

164-24   equipment or labor offered does not conform to the

164-25   approved plan or specifications; or

164-26      (c) The public interest would be served by such a

164-27   rejection.

164-28      5.  Before a local government may commence a

164-29   project subject to the provisions of this section, based

164-30   upon a determination that the public interest would be

164-31   served by rejecting any bids received in response to an

164-32   advertisement for bids, it shall prepare and make

164-33   available for public inspection a written statement

164-34   containing:

164-35      (a) A list of all persons, including supervisors,

164-36   whom the local government intends to assign to the

164-37   project, together with their classifications and an

164-38   estimate of the direct and indirect costs of their labor;

164-39      (b) A list of all equipment that the local

164-40   government intends to use on the project, together

164-41   with an estimate of the number of hours each item of

164-42   equipment will be used and the hourly cost to use each

164-43   item of equipment;

164-44      (c) An estimate of the cost of administrative

164-45   support for the persons assigned to the project;

164-46      (d) An estimate of the total cost of the project; and

165-1      (e) An estimate of the amount of money the local

165-2  government expects to save by rejecting the bids and

165-3   performing the project itself.

165-4      6.  This section does not apply to:

165-5      (a) Any utility subject to the provisions of chapter

165-6   318 or 710 of NRS;

165-7      (b) Any work of construction, reconstruction,

165-8   improvement and maintenance of highways subject to

165-9   NRS 408.323 or 408.327;

165-10      (c) Normal maintenance of the property of a school

165-11   district; or

165-12      (d) The Las Vegas Valley water district created

165-13   pursuant to chapter 167, Statutes of Nevada 1947 [.] ,

165-14   the Moapa Valley water district created pursuant to

165-15   chapter 477, Statutes of Nevada 1983 or the Virgin

165-16   Valley water district created pursuant to chapter 100,

165-17   Statutes of Nevada 1993.

165-18      Sec. 13.  NRS 338.147 is hereby amended to read

165-19   as follows:

165-20      338.147  1.  [A] Except as otherwise provided in

165-21   NRS 338.143 and sections 2 to 9, inclusive, of this

165-22   act, a local government shall award a contract for a

165-23   public work to the contractor who submits the best

165-24   bid.

165-25      2.  Except as otherwise provided in subsection [4]

165-26   8 or limited by subsection [5,] 9, for the purposes of

165-27   this section, a contractor who:

165-28      (a) Has been found to be a responsible and

165-29   responsive contractor by the local government; and

165-30      (b) At the time he submits his bid, provides to the

165-31   local government [proof of the payment of:] a copy of

165-32   a certificate of eligibility to receive a preference in

165-33   bidding on public works issued to him by the state

165-34   contractors’ board pursuant to subsection 3,

165-35  shall be deemed to have submitted a better bid than a

165-36   competing contractor who has not provided a copy of

165-37   such a valid certificate of eligibility if the amount of

165-38   his bid is not more than 5 percent higher than the

165-39   amount bid by the competing contractor.

165-40      3.  The state contractors’ board shall issue a

165-41   certificate of eligibility to receive a preference in

165-42   bidding on public works to a general contractor who

165-43   is licensed pursuant to the provisions of chapter 624

165-44   of NRS and submits to the board an affidavit from a

165-45   certified public accountant setting forth that the

165-46   general contractor has:

165-47      (a) Paid:

166-1          (1) The sales and use taxes imposed pursuant to

166-2  chapters 372, 374 and 377 of NRS on materials used

166-3   for construction in this state, including, without

166-4   limitation, construction that is undertaken or carried

166-5   out on land within the boundaries of this state that is

166-6   managed by the Federal Government or is on an

166-7   Indian reservation or Indian colony, of not less than

166-8   $5,000 for each consecutive 12-month period for 60

166-9   months immediately preceding the submission of [his

166-10   bid;] the affidavit from the certified public

166-11   accountant;

166-12      (2) The motor vehicle privilege tax imposed

166-13   pursuant to chapter 371 of NRS on the vehicles used

166-14   in the operation of his business in this state of not less

166-15   than $5,000 for each consecutive 12-month period for

166-16   60 months immediately preceding the submission of

166-17   [his bid;] the affidavit from the certified public

166-18   accountant; or

166-19      (3) Any combination of such sales and use taxes

166-20   and motor vehicle privilege tax [,

166-21  shall be deemed to have submitted a better bid than a

166-22   competing contractor who has not provided proof of

166-23   the payment of those taxes if the amount of his bid is

166-24   not more than 5 percent higher than the amount bid by

166-25   the competing contractor.

166-26      3.  A contractor who has previously provided the

166-27   local government awarding a contract with the proof

166-28   of payment required pursuant to subsection 2 may

166-29   update such proof on or before April 1, July 1,

166-30   September 1 and December 1 rather than with each

166-31   bid.

166-32      4.] ; or

166-33      (b) Acquired, by inheritance, gift or transfer

166-34   through a stock option plan for employees, all the

166-35   assets and liabilities of a viable, operating

166-36   construction firm that possesses a:

166-37      (1) License as a general contractor pursuant to

166-38   the provisions of chapter 624 of NRS; and

166-39      (2) Certificate of eligibility to receive a

166-40   preference in bidding on public works.

166-41      4.  For the purposes of complying with the

166-42   requirements set forth in paragraph (a) of subsection

166-43   3, a general contractor shall be deemed to have paid:

166-44      (a) Sales and use taxes and motor vehicle

166-45   privilege taxes paid in this state by an affiliate or

166-46   parent company of the contractor, if the affiliate or

166-47   parent company is also a general contractor; and

167-1      (b) Sales and use taxes paid in this state by a joint

167-2  venture in which the contractor is a participant, in

167-3   proportion to the amount of interest the contractor

167-4   has in the joint venture.

167-5      5.  A contractor who has received a certificate of

167-6   eligibility to receive a preference in bidding on public

167-7   works from the state contractors’ board pursuant to

167-8   subsection 3 shall, at the time for the annual renewal

167-9   of his contractors’ license pursuant to NRS 624.283,

167-10   submit to the board an affidavit from a certified

167-11   public accountant setting forth that the contractor

167-12   has, during the immediately preceding 12 months,

167-13   paid the taxes required pursuant to paragraph (a) of

167-14   subsection 3 to maintain his eligibility to hold such a

167-15   certificate.

167-16      6.  A contractor who fails to submit an affidavit

167-17   to the board pursuant to subsection 5 ceases to be

167-18   eligible to receive a preference in bidding on public

167-19   works unless he reapplies for and receives a

167-20   certificate of eligibility pursuant to subsection 3.

167-21      7.  If a contractor who applies to the state

167-22   contractors’ board for a certificate of eligibility to

167-23   receive a preference in bidding on public works

167-24   submits false information to the Board regarding the

167-25   required payment of taxes, the contractor is not

167-26   eligible to receive a preference in bidding on public

167-27   works for a period of 5 years after the date on which

167-28   the board becomes aware of the submission of the

167-29   false information.

167-30      8.  If any federal statute or regulation precludes the

167-31   granting of federal assistance or reduces the amount of

167-32   that assistance for a particular public work because of

167-33   the provisions of subsection 2, those provisions do not

167-34   apply insofar as their application would preclude or

167-35   reduce federal assistance for that work. The provisions

167-36   of subsection 2 do not apply to any contract for a

167-37   public work which is expected to cost less than

167-38   $250,000.

167-39      [5.] 9.  Except as otherwise provided in subsection

167-40   [6,] 2 of section 8 of this act and subsection 2 of

167-41   section 27 of this act, if a bid is submitted by two or

167-42   more contractors as a joint venture or by one of them

167-43   as a joint venturer, the provisions of subsection 2

167-44   apply only if both or all of the joint venturers

167-45   separately meet the requirements of that subsection.

168-1      [6.  Except as otherwise provided in subsection 8,

168-2  if a bid is submitted by a joint venture and one or more

168-3   of the joint venturers has responsibility for the

168-4   performance of the contract as described in subsection

168-5   7, the provisions of subsection 2 apply only to those

168-6   joint venturers who have such responsibility.

168-7      7.  For the purposes of subsection 6, a joint

168-8   venturer has responsibility for the performance of a

168-9   contract if he has at least one of the following duties or

168-10   obligations delegated to him in writing in the contract

168-11   creating the joint venture:

168-12      (a) Supplying the labor necessary to perform the

168-13   contract and paying the labor and any related taxes and

168-14   benefits;

168-15      (b) Supplying the equipment necessary to perform

168-16   the contract and paying any charges related to the

168-17   equipment;

168-18      (c) Contracting with and making payments to any

168-19   subcontractors; or

168-20      (d) Performing the recordkeeping for the joint

168-21   venture and making any payments to persons who

168-22   provide goods or services related to the performance

168-23   of the contract.

168-24      8.  The provisions of subsection 6 do not apply to

168-25   a joint venture which is formed for the sole purpose of

168-26   circumventing any of the requirements of this section.]

168-27      10.  The state contractors’ board shall adopt

168-28   regulations and may assess reasonable fees relating

168-29   to the certification of contractors for a preference in

168-30   bidding on public works.

168-31      11.  A person or entity who believes that a

168-32   contractor wrongfully holds a certificate of eligibility

168-33   to receive a preference in bidding on public works

168-34   may challenge the validity of the certificate by filing

168-35   a written objection with the public body to which the

168-36   contractor has submitted a bid or proposal on a

168-37   contract for the completion of a public work. A

168-38   written objection authorized pursuant to this

168-39   subsection must:

168-40      (a) Set forth proof or substantiating evidence to

168-41   support the belief of the person or entity that the

168-42   contractor wrongfully holds a certificate of eligibility

168-43   to receive a preference in bidding on public works;

168-44   and

168-45      (b) Be filed with the public body at or after the

168-46   time at which the contractor submitted the bid or

169-1  proposal to the public body and before the time at

169-2  which the public body awards the contract for which

169-3   the bid or proposal was submitted.

169-4      12.  If a public body receives a written objection

169-5   pursuant to subsection 11, the public body shall

169-6   determine whether the objection is accompanied by

169-7   the proof or substantiating evidence required

169-8   pursuant to paragraph (a) of that subsection. If the

169-9   public body determines that the objection is not

169-10   accompanied by the required proof or substantiating

169-11   evidence, the public body shall dismiss the objection

169-12   and may proceed immediately to award the contract.

169-13   If the public body determines that the objection is

169-14   accompanied by the required proof or substantiating

169-15   evidence, the public body shall determine whether

169-16   the contractor qualifies for the certificate pursuant to

169-17   the provisions of this section and may proceed to

169-18   award the contract accordingly.

169-19      Sec. 24.  1.  The department shall advertise for

169-20   preliminary proposals for the design and

169-21   construction of a project by a design-build team at

169-22   least twice each week for 3 consecutive weeks in:

169-23      (a) A newspaper of general circulation published

169-24   in each county in which the project is proposed to be

169-25   constructed or, if there is no such newspaper, in a

169-26   newspaper of general circulation in each county

169-27   published in this state; and

169-28      (b) A newspaper of general circulation in this

169-29   state.

169-30      2.  A request for preliminary proposals published

169-31   pursuant to subsection 1 must include, without

169-32   limitation:

169-33      (a) A description of the proposed project;

169-34      (b) Separate estimates of the costs of designing

169-35   and constructing the project;

169-36      (c) The dates on which it is anticipated that the

169-37   separate phases of the design and construction of the

169-38   project will begin and end;

169-39      (d) A statement setting forth the place and time in

169-40   which a design-build team desiring to submit a

169-41   proposal for the project may obtain the information

169-42   necessary to submit a proposal, including, without

169-43   limitation, the extent to which designs must be

169-44   completed for both preliminary and final proposals

169-45   and any other requirements for the design and

170-1  construction of the project that the department

170-2  determines to be necessary;

170-3      (e) A list of the requirements set forth in section

170-4   25 of this act;

170-5      (f) A list of the factors that the department will

170-6   use to evaluate design-build teams who submit a

170-7   proposal for the project, including, without

170-8   limitation:

170-9          (1) The relative weight to be assigned to each

170-10   factor; and

170-11      (2) A disclosure of whether the factors that are

170-12   not related to cost are, when considered as a group,

170-13   more or less important in the process of evaluation

170-14   than the factor of cost;

170-15      (g) Notice that a design-build team desiring to

170-16   submit a proposal for the project must include with

170-17   its proposal the information used by the department

170-18   to determine finalists among the design-build teams

170-19   submitting proposals pursuant to subsection 2 of

170-20   section 26 of this act and a description of that

170-21   information;

170-22      (h) A statement that a design-build team whose

170-23   prime contractor holds a certificate of eligibility to

170-24   receive a preference in bidding on public works

170-25   issued pursuant to NRS 338.147 or section 11 of

170-26   Assembly Bill No. 298 of this session should submit a

170-27   copy of the certificate of eligibility with its proposal;

170-28      (i) A statement as to whether a bidding design

170-29  -build team that is selected as a finalist pursuant to

170-30   section 26 of this act but is not awarded the design

170-31  -build contract pursuant to section 27 of this act will

170-32   be partially reimbursed for the cost of preparing a

170-33   final proposal and, if so, an estimate of the amount

170-34   of the partial reimbursement; and

170-35      (j) The date by which preliminary proposals must

170-36   be submitted to the department, which must not be

170-37   less than 30 days or more than 60 days after the date

170-38   on which the request for preliminary proposals is

170-39   first published in a newspaper pursuant to subsection

170-40   1.

170-41      Sec. 25.  To qualify to participate in the design

170-42   and construction of a project for the department, a

170-43   design-build team must:

170-44      1.  Obtain a performance bond and payment

170-45   bond as the department may require;

170-46      2.  Obtain insurance covering general liability

170-47   and liability for errors and omissions;

171-1      3.  Not have been found liable for breach of

171-2  contract with respect to a previous project, other than

171-3   a breach for legitimate cause;

171-4      4.  Not have been disqualified from being

171-5   awarded a contract pursuant to NRS 338.017,

171-6   338.145 or 408.333 or section 10 of Assembly Bill

171-7   No. 298 of this session; and

171-8      5.  Ensure that the members of the design-build

171-9   team possess the licenses and certificates required to

171-10   carry out the functions of their respective professions

171-11   within this state.

171-12      Sec. 27.  1.  After selecting the finalists

171-13   pursuant to section 26 of this act, the department

171-14   shall provide to each finalist a request for final

171-15   proposals for the project. The request for final

171-16   proposals must:

171-17      (a) Set forth the factors that the department will

171-18   use to select a design-build team to design and

171-19   construct the project, including the relative weight to

171-20   be assigned to each factor; and

171-21      (b) Set forth the date by which final proposals

171-22   must be submitted to the department.

171-23      2.  A final proposal submitted by a design-build

171-24   team pursuant to this section must be prepared

171-25   thoroughly, be responsive to the criteria that the

171-26   department will use to select a design-build team to

171-27   design and construct the project described in

171-28   subsection 1 and comply with the provisions of NRS

171-29   338.144. If the cost of construction is a factor in the

171-30   selection of a design-build team, a design-build team

171-31   whose prime contractor has submitted with its

171-32   proposal a certificate of eligibility to receive a

171-33   preference in bidding on public works issued

171-34   pursuant to NRS 338.147 or section 11 of Assembly

171-35   Bill No. 298 of this session shall be deemed to have

171-36   submitted a better proposal than a competing design

171-37  -build team whose prime contractor has not submitted

171-38   such a certificate of eligibility if the amount proposed

171-39   by the design-build team is not more than 5 percent

171-40   higher than the amount proposed by the competing

171-41   design-build team.

171-42      3.  At least 30 days after receiving the final

171-43   proposals for the project, the department shall:

171-44      (a) Select the most cost-effective and responsive

171-45   final proposal, using the criteria set forth pursuant to

171-46   subsection 1; or

172-1      (b) Reject all the final proposals.

172-2      4.  If the department selects a final proposal

172-3   pursuant to paragraph (a) of subsection 3, the

172-4   department shall hold a public meeting to:

172-5      (a) Review and ratify the selection.

172-6      (b) Award the design-build contract to the design

172-7  -build team whose proposal is selected.

172-8      (c) Partially reimburse the unsuccessful finalists

172-9   if partial reimbursement was provided for in the

172-10   request for preliminary proposals pursuant to

172-11   paragraph (i) of subsection 2 of section 24 of this act.

172-12   The amount of reimbursement must not exceed, for

172-13   each unsuccessful finalist, 3 percent of the total

172-14   amount to be paid to the design-build team as set

172-15   forth in the design-build contract.

172-16      (d) Make available to the public a summary

172-17   setting forth the factors used by the department to

172-18   select the successful design-build team and the

172-19   ranking of the design-build teams who submitted

172-20   final proposals. The department shall not release to a

172-21   third party, or otherwise make public, financial or

172-22   proprietary information submitted by a design-build

172-23   team.

172-24      5.  A contract awarded pursuant to this section

172-25   must specify:

172-26      (a) An amount that is the maximum amount that

172-27   the department will pay for the performance of all

172-28   the work required by the contract, excluding any

172-29   amount related to costs that may be incurred as a

172-30   result of unexpected conditions or occurrences as

172-31   authorized by the contract;

172-32      (b) An amount that is the maximum amount that

172-33   the department will pay for the performance of the

172-34   professional services required by the contract; and

172-35      (c) A date by which performance of the work

172-36   required by the contract must be completed.

172-37      6.  A design-build team to whom a contract is

172-38   awarded pursuant to this section shall:

172-39      (a) Assume overall responsibility for ensuring that

172-40   the design and construction of the project is

172-41   completed in a satisfactory manner; and

172-42      (b) Use the work force of the prime contractor on

172-43   the design-build team to construct at least 15 percent

172-44   of the project.

 

173-1      Sec. 35.2.  Section 11 of this act is hereby

173-2  amended to read as follows:

173-3  Sec. 11.  NRS 338.143 is hereby amended to

173-4   read as follows:

173-5  338.143  1.  Except as otherwise provided in

173-6   subsection 6 and NRS 338.1907, a local

173-7   government that awards a contract for the

173-8   construction, alteration or repair of a public work

173-9   in accordance with paragraph (b) of subsection 1 of

173-10   section 2 of Assembly Bill No. 298 of this session,

173-11   or a public officer, public employee or other person

173-12   responsible for awarding a contract for the

173-13   construction, alteration or repair of a public work

173-14   who represents that local government, shall not:

173-15  (a) Commence such a project for which the

173-16   estimated cost exceeds $100,000 unless it

173-17   advertises in a newspaper of general circulation in

173-18   this state for bids for the project; or

173-19  (b) Divide such a project into separate portions

173-20   to avoid the requirements of paragraph (a).

173-21  2.  Except as otherwise provided in subsection

173-22   6, a local government that maintains a list of

173-23   properly licensed contractors who are interested in

173-24   receiving offers to bid on public works projects for

173-25   which the estimated cost is more than $25,000 but

173-26   less than $100,000 shall solicit bids from not more

173-27   than three of the contractors on the list for a

173-28   contract of that value for the construction,

173-29   alteration or repair of a public work. The local

173-30   government shall select contractors from the list in

173-31   such a manner as to afford each contractor an equal

173-32   opportunity to bid on a public works project. A

173-33   properly licensed contractor must submit a written

173-34   request annually to the local government to remain

173-35   on the list. Offers for bids which are made pursuant

173-36   to this subsection must be sent by certified mail.

173-37  3.  Approved plans and specifications for the

173-38   bids must be on file at a place and time stated in the

173-39   advertisement for the inspection of all persons

173-40   desiring to bid thereon and for other interested

173-41   persons. Contracts for the project must be awarded

173-42   on the basis of bids received.

173-43  4.  Any bids received in response to an

173-44   advertisement for bids may be rejected if the

173-45   person responsible for awarding the contract

173-46   determines that:

174-1  (a) The bidder is not responsive or responsible;

174-2  (b) The quality of the services, materials,

174-3   equipment or labor offered does not conform to the

174-4   approved plan or specifications; or

174-5  (c) The public interest would be served by such

174-6   a rejection.

174-7  5.  Before a local government may commence a

174-8   project subject to the provisions of this section,

174-9   based upon a determination that the public interest

174-10   would be served by rejecting any bids received in

174-11   response to an advertisement for bids, it shall

174-12   prepare and make available for public inspection a

174-13   written statement containing:

174-14  (a) A list of all persons, including supervisors,

174-15   whom the local government intends to assign to the

174-16   project, together with their classifications and an

174-17   estimate of the direct and indirect costs of their

174-18   labor;

174-19  (b) A list of all equipment that the local

174-20   government intends to use on the project, together

174-21   with an estimate of the number of hours each item

174-22   of equipment will be used and the hourly cost to

174-23   use each item of equipment;

174-24  (c) An estimate of the cost of administrative

174-25   support for the persons assigned to the project;

174-26  (d) An estimate of the total cost of the project;

174-27   and

174-28  (e) An estimate of the amount of money the

174-29   local government expects to save by rejecting the

174-30   bids and performing the project itself.

174-31  6.  This section does not apply to:

174-32  (a) Any utility subject to the provisions of

174-33   chapter 318 or 710 of NRS;

174-34  (b) Any work of construction, reconstruction,

174-35   improvement and maintenance of highways subject

174-36   to NRS 408.323 or 408.327;

174-37  (c) Normal maintenance of the property of a

174-38   school district; or

174-39  (d) The Las Vegas Valley water district created

174-40   pursuant to chapter 167, Statutes of Nevada 1947,

174-41   the Moapa Valley water district created pursuant to

174-42   chapter 477, Statutes of Nevada 1983 or the Virgin

174-43   Valley water district created pursuant to chapter

174-44   100, Statutes of Nevada 1993 . [; or

174-45  (e) The design and construction of a public

174-46   work for which a public body contracts with a

175-1  design-build team pursuant to sections 2 to 9,

175-2  inclusive, of this act.]

175-3      Sec. 35.6.  Sections 8, 11, 12 and 21 of Assembly

175-4   Bill No. 298 of this session are hereby amended to

175-5   read as follows:

175-6  Sec. 8.  1.  Except as otherwise provided in

175-7   subsection 7 and NRS 338.1906 and 338.1907,

175-8   this state, or a local government that awards a

175-9   contract for the construction, alteration or repair

175-10   of a public work in accordance with paragraph

175-11   (a) of subsection 1 of section 2 of this act, or a

175-12   public officer, public employee or other person

175-13   responsible for awarding a contract for the

175-14   construction, alteration or repair of a public work

175-15   who represents the state or the local government,

175-16   shall not:

175-17  (a) Commence such a project for which the

175-18   estimated cost exceeds $100,000 unless it

175-19   advertises in a newspaper of general circulation

175-20   in this state for bids for the project; or

175-21  (b) Divide such a project into separate portions

175-22   to avoid the requirements of paragraph (a).

175-23  2.  Except as otherwise provided in subsection

175-24   7, a public body that maintains a list of properly

175-25   licensed contractors who are interested in

175-26   receiving offers to bid on public works projects for

175-27   which the estimated cost is more than $25,000 but

175-28   less than $100,000 shall solicit bids from not more

175-29   than three of the contractors on the list for a

175-30   contract of that value for the construction,

175-31   alteration or repair of a public work. The public

175-32   body shall select contractors from the list in such

175-33   a manner as to afford each contractor an equal

175-34   opportunity to bid on a public works project. A

175-35   properly licensed contractor must submit a written

175-36   request annually to the public body to remain on

175-37   the list. Offers for bids which are made pursuant

175-38   to this subsection must be sent by certified mail.

175-39  3.  Each advertisement for bids must include a

175-40   provision that sets forth:

175-41  (a) The requirement that a contractor must be

175-42   qualified pursuant to section 5 of this act to bid on

175-43   the contract or must be exempt from meeting such

175-44   qualifications pursuant to section 6 of this act;

175-45   and

176-1  (b) The period during which an application to

176-2  qualify as a bidder on the contract must be

176-3   submitted.

176-4  4.  Approved plans and specifications for the

176-5   bids must be on file at a place and time stated in

176-6   the advertisement for the inspection of all persons

176-7   desiring to bid thereon and for other interested

176-8   persons. Contracts for the project must be

176-9   awarded on the basis of bids received.

176-10  5.  Any bids received in response to an

176-11   advertisement for bids may be rejected if the

176-12   person responsible for awarding the contract

176-13   determines that:

176-14  (a) The bidder is not a qualified bidder

176-15   pursuant to section 5 of this act, unless the bidder

176-16   is exempt from meeting such qualifications

176-17   pursuant to section 6 of this act;

176-18  (b) The bidder is not responsive;

176-19  (c) The quality of the services, materials,

176-20   equipment or labor offered does not conform to

176-21   the approved plan or specifications; or

176-22  (d) The public interest would be served by such

176-23   a rejection.

176-24  6.  Before the state or a local government may

176-25   commence a project subject to the provisions of

176-26   this section, based upon a determination that the

176-27   public interest would be served by rejecting any

176-28   bids received in response to an advertisement for

176-29   bids, it shall prepare and make available for

176-30   public inspection a written statement containing:

176-31  (a) A list of all persons, including supervisors,

176-32   whom the state or the local government intends to

176-33   assign to the project, together with their

176-34   classifications and an estimate of the direct and

176-35   indirect costs of their labor;

176-36  (b) A list of all equipment that the state or the

176-37   local government intends to use on the project,

176-38   together with an estimate of the number of hours

176-39   each item of equipment will be used and the

176-40   hourly cost to use each item of equipment;

176-41  (c) An estimate of the cost of administrative

176-42   support for the persons assigned to the project;

176-43  (d) An estimate of the total cost of the project;

176-44   and

177-1  (e) An estimate of the amount of money the

177-2  state or the local government expects to save by

177-3   rejecting the bids and performing the project

177-4   itself.

177-5  7.  This section does not apply to:

177-6  (a) Any utility subject to the provisions of

177-7   chapter 318 or 710 of NRS;

177-8  (b) Any work of construction, reconstruction,

177-9   improvement and maintenance of highways

177-10   subject to NRS 408.323 or 408.327;

177-11  (c) Normal maintenance of the property of a

177-12   school district;

177-13  (d) The Las Vegas Valley water district created

177-14   pursuant to chapter 167, Statutes of Nevada 1947,

177-15   the Moapa Valley water district created pursuant

177-16   to chapter 477, Statutes of Nevada 1983 or the

177-17   Virgin Valley water district created pursuant to

177-18   chapter 100, Statutes of Nevada 1993; or

177-19  (e) The design and construction of a public

177-20   work for which a public body contracts with a

177-21   design-build team pursuant to sections 2 to 9,

177-22   inclusive, of Senate Bill No. 475 of this session.

177-23  Sec. 11.  1.  Except as otherwise provided in

177-24   section 8 of this act and sections 2 to 9, inclusive,

177-25   of Senate Bill No. 475 of this session, a public

177-26   body shall award a contract for a public work to

177-27   the contractor who submits the best bid.

177-28  2.  Except as otherwise provided in subsection

177-29   8 or limited by subsection 9, for the purposes of

177-30   this section, a contractor who:

177-31  (a) Has been determined by the public body to

177-32   be a qualified bidder pursuant to section 5 of this

177-33   act or is exempt from meeting such requirements

177-34   pursuant to section 6 of this act; and

177-35  (b) At the time he submits his bid, provides to

177-36   the public body a copy of a certificate of eligibility

177-37   to receive a preference in bidding on public works

177-38   issued to him by the state contractors’ board

177-39   pursuant to subsection 3,

177-40  shall be deemed to have submitted a better bid

177-41   than a competing contractor who has not

177-42   provided a copy of such a valid certificate of

177-43   eligibility if the amount of his bid is not more than

177-44   5 percent higher than the amount bid by the

177-45   competing contractor.

177-46  3.  The state contractors’ board shall issue a

177-47   certificate of eligibility to receive a preference in

178-1  bidding on public works to a general contractor

178-2  who is licensed pursuant to the provisions of

178-3   chapter 624 of NRS and submits to the board an

178-4   affidavit from a certified public accountant setting

178-5   forth that the general contractor has:

178-6  (a) Paid:

178-7  (1) The sales and use taxes imposed

178-8   pursuant to chapters 372, 374 and 377 of NRS on

178-9   materials used for construction in this state,

178-10   including, without limitation, construction that is

178-11   undertaken or carried out on land within the

178-12   boundaries of this state that is managed by the

178-13   Federal Government or is on an Indian

178-14   reservation or Indian colony, of not less than

178-15   $5,000 for each consecutive 12-month period for

178-16   60 months immediately preceding the submission

178-17   of the affidavit from the certified public

178-18   accountant;

178-19  (2) The motor vehicle privilege tax imposed

178-20   pursuant to chapter 371 of NRS on the vehicles

178-21   used in the operation of his business in this state

178-22   of not less than $5,000 for each consecutive 12

178-23  -month period for 60 months immediately

178-24   preceding the submission of the affidavit from the

178-25   certified public accountant; or

178-26  (3) Any combination of such sales and use

178-27   taxes and motor vehicle privilege tax; or

178-28  (b) Acquired, by inheritance, gift or transfer

178-29   through a stock option plan for employees, all the

178-30   assets and liabilities of a viable, operating

178-31   construction firm that possesses a:

178-32  (1) License as a general contractor

178-33   pursuant to the provisions of chapter 624 of NRS;

178-34   and

178-35  (2) Certificate of eligibility to receive a

178-36   preference in bidding on public works.

178-37  4.  For the purposes of complying with the

178-38   requirements set forth in paragraph (a) of

178-39   subsection 3, a general contractor shall be

178-40   deemed to have paid:

178-41  (a) Sales and use taxes and motor vehicle

178-42   privilege taxes paid in this state by an affiliate or

178-43   parent company of the contractor, if the affiliate

178-44   or parent company is also a general contractor;

178-45   and

179-1  (b) Sales and use taxes paid in this state by a

179-2  joint venture in which the contractor is a

179-3   participant, in proportion to the amount of

179-4   interest the contractor has in the joint venture.

179-5  5.  A contractor who has received a certificate

179-6   of eligibility to receive a preference in bidding on

179-7   public works from the state contractors’ board

179-8   pursuant to subsection 3 shall, at the time for the

179-9   annual renewal of his contractors’ license

179-10   pursuant to NRS 624.283, submit to the board an

179-11   affidavit from a certified public accountant setting

179-12   forth that the contractor has, during the

179-13   immediately preceding 12 months, paid the taxes

179-14   required pursuant to paragraph (a) of subsection

179-15   3 to maintain his eligibility to hold such a

179-16   certificate.

179-17  6.  A contractor who fails to submit an

179-18   affidavit to the board pursuant to subsection 5

179-19   ceases to be eligible to receive a preference in

179-20   bidding on public works unless he reapplies for

179-21   and receives a certificate of eligibility pursuant to

179-22   subsection 3.

179-23  7.  If a contractor who applies to the state

179-24   contractors’ board for a certificate of eligibility to

179-25   receive a preference in bidding on public works

179-26   submits false information to the board regarding

179-27   the required payment of taxes, the contractor is

179-28   not eligible to receive a preference in bidding on

179-29   public works for a period of 5 years after the date

179-30   on which the board becomes aware of the

179-31   submission of the false information.

179-32  8.  If any federal statute or regulation

179-33   precludes the granting of federal assistance or

179-34   reduces the amount of that assistance for a

179-35   particular public work because of the provisions

179-36   of subsection 2, those provisions do not apply

179-37   insofar as their application would preclude or

179-38   reduce federal assistance for that work. The

179-39   provisions of subsection 2 do not apply to any

179-40   contract for a public work which is expected to

179-41   cost less than $250,000.

179-42  9.  Except as otherwise provided in subsection

179-43   2 of section 8 of Senate Bill No. 475 of this

179-44   session, if a bid is submitted by two or more

179-45   contractors as a joint venture or by one of them as

179-46   a joint venturer, the provisions of subsection 2

179-47   apply only if both or all of the joint venturers

180-1  separately meet the requirements of that

180-2  subsection.

180-3  10.  The state contractors’ board shall adopt

180-4   regulations and may assess reasonable fees

180-5   relating to the certification of contractors for a

180-6   preference in bidding on public works.

180-7  11.  A person or entity who believes that a

180-8   contractor wrongfully holds a certificate of

180-9   eligibility to receive a preference in bidding on

180-10   public works may challenge the validity of the

180-11   certificate by filing a written objection with the

180-12   public body to which the contractor has submitted

180-13   a bid or proposal on a contract for the

180-14   construction of a public work. A written objection

180-15   authorized pursuant to this subsection must:

180-16  (a) Set forth proof or substantiating evidence

180-17   to support the belief of the person or entity that

180-18   the contractor wrongfully holds a certificate of

180-19   eligibility to receive a preference in bidding on

180-20   public works; and

180-21  (b) Be filed with the public body at or after the

180-22   time at which the contractor submitted the bid or

180-23   proposal to the public body and before the time at

180-24   which the public body awards the contract for

180-25   which the bid or proposal was submitted.

180-26  12.  If a public body receives a written

180-27   objection pursuant to subsection 11, the public

180-28   body shall determine whether the objection is

180-29   accompanied by the proof or substantiating

180-30   evidence required pursuant to paragraph (a) of

180-31   that subsection. If the public body determines that

180-32   the objection is not accompanied by the required

180-33   proof or substantiating evidence, the public body

180-34   shall dismiss the objection and may proceed

180-35   immediately to award the contract. If the public

180-36   body determines that the objection is accompanied

180-37   by the required proof or substantiating evidence,

180-38   the public body shall determine whether the

180-39   contractor qualifies for the certificate pursuant to

180-40   the provisions of this section and may proceed to

180-41   award the contract accordingly.

180-42  Sec. 12.  NRS 338.010 is hereby amended to

180-43   read as follows:

180-44  338.010  As used in this chapter:

180-45  1.  “Day labor” means all cases where public

180-46   bodies, their officers, agents or employees, hire,

181-1  supervise and pay the wages thereof directly to a

181-2  workman or workmen employed by them on public

181-3   works by the day and not under a contract in

181-4   writing.

181-5  2.  “Eligible bidder” means a person who [was

181-6   found] is:

181-7  (a) Found to be a responsible and responsive

181-8   contractor by a [public body which awarded a

181-9   contract] local government which requests bids for

181-10   a public work[.] in accordance with paragraph

181-11   (b) of subsection 1 of section 2 of this act; or

181-12  (b) Determined by a public body which

181-13   awarded a contract for a public work pursuant to

181-14   sections 3 to 11, inclusive, of this act, to be

181-15   qualified to bid on that contract pursuant to

181-16   section 5 of this act or was exempt from meeting

181-17   such qualifications pursuant to section 6 of this

181-18   act.

181-19  3.  “Local government” means every political

181-20   subdivision or other entity which has the right to

181-21   levy or receive money from ad valorem or other

181-22   taxes or any mandatory assessments, and

181-23   includes, without limitation, counties, cities,

181-24   towns, boards, school districts and other districts

181-25   organized pursuant to chapters 244A, 309, 318,

181-26   379, 474, 541, 543 and 555 of NRS, NRS 450.550

181-27   to 450.750, inclusive, and any agency or

181-28   department of a county or city which prepares a

181-29   budget separate from that of the parent political

181-30   subdivision.

181-31  4.  “Offense” means failing to:

181-32  (a) Pay the prevailing wage required pursuant to

181-33   this chapter;

181-34  (b) Pay the contributions for unemployment

181-35   compensation required pursuant to chapter 612 of

181-36   NRS; or

181-37  (c) Provide and secure compensation for

181-38   employees required pursuant to chapters 616A to

181-39   617, inclusive, of NRS.

181-40  [4] 5.  “Prime contractor” means a person

181-41   who:

181-42  (a) Contracts to complete an entire project;

181-43  (b) Coordinates all work performed on the

181-44   entire project;

182-1  (c) Uses his own work force to perform all or a

182-2  part of the construction, repair or reconstruction

182-3   of the project; and

182-4  (d) Contracts for the services of any

182-5   subcontractor or independent contractor or is

182-6   responsible for payment to any contracted

182-7   subcontractors or independent contractors.

182-8  6.  “Public body” means the state, county, city,

182-9   town, school district or any public agency of this

182-10   state or its political subdivisions sponsoring or

182-11   financing a public work.

182-12  [5.] 7.  “Public work” means any project for

182-13   the new construction, repair or reconstruction of:

182-14  (a) A project financed in whole or in part from

182-15   public money for:

182-16  (1) Public buildings;

182-17  (2) Jails and prisons;

182-18  (3) Public roads;

182-19  (4) Public highways;

182-20  (5) Public streets and alleys;

182-21  (6) Public utilities which are financed in

182-22   whole or in part by public money;

182-23  (7) Publicly owned water mains and sewers;

182-24  (8) Public parks and playgrounds;

182-25  (9) Public convention facilities which are

182-26   financed at least in part with public funds; and

182-27  (10) [All] Any other publicly owned works

182-28   and property whose cost as a whole exceeds

182-29   $20,000. Each separate unit [which] that is a part

182-30   of a project is included in the cost of the project

182-31   [for the purpose of determining] to determine

182-32   whether a project meets [this] that threshold.

182-33  (b) A building for the University and

182-34   Community College System of Nevada of which

182-35   25 percent or more of the costs of the building as a

182-36   whole are paid from money appropriated by [the]

182-37   this state or from federal money.

182-38  [6.] 8.  “Wages” means:

182-39  (a) The basic hourly rate of pay; and

182-40  (b) The amount of pension, health and welfare,

182-41   vacation and holiday pay, the cost of

182-42   apprenticeship training or other similar programs or

182-43   other bona fide fringe benefits which are a benefit

182-44   to the workman.

182-45  [7.] 9.  “Workman” means a skilled mechanic,

182-46   skilled workman, semiskilled mechanic,

182-47   semiskilled workman or unskilled workman. The

182-48   term does not

183-1  include a “design professional” as that term is

183-2  defined in NRS 338.155.

183-3  Sec. 21.  1.  This section and sections 2 to 8,

183-4   inclusive, 10 to 14, inclusive, [and] 16 to [20,]19,

183-5   inclusive,and 20 of this act become effective on

183-6   October 1, 1999.

183-7  2.  Sections [9] 19.2 and19.6 of this act

183-8   become effective on October 1, 2003.

183-9  3.  Section 19.4 of this act becomes effective

183-10   on May 1, 2013.

183-11  4.  Section 15 of this act [become] becomes

183-12   effective at 12:01 a.m. on May 1, 2013.

183-13  [3.  Sections 8,]

183-14  5.  Sections 14, 18 and 19 of this act expire by

183-15   limitation on May 1, 2013.

183-16      Sec. 35.8.  Section 4 of Senate Bill No. 144 of this

183-17   session is hereby amended to read as follows:

183-18  Sec. 4.  “Contractor” means [a] :

183-19  1.  A person who:

183-20  [1.] (a) Is licensed pursuant to the provisions of

183-21   chapter 624 of NRS or performs such work that he

183-22   is not required to be licensed pursuant to chapter

183-23   624 of NRS; and

183-24  [2.] (b) Contracts with a public body to provide

183-25   labor, materials or services for a public work.

183-26  2.  A design-build team that contracts with a

183-27   public body to design and construct a public work

183-28   pursuant to sections 2 to 9, inclusive, of Senate

183-29   Bill No. 475 of this session.

183-30      Sec. 36.  1.  NRS 341.171 [and section] is

183-31   hereby repealed.

183-32      2.  Section 9 of Assembly Bill No. 298 of this

183-33   session [are] is hereby repealed.

183-34      3.  Sections 1 and 2 of chapter 326, Statutes of

183-35   Nevada 1999, at pages 1360 and 1362, respectively,

183-36   sections 1 and 2 of chapter 390, Statutes of Nevada

183-37   1999, at pages 1849 and 1850, respectively, and

183-38   section 34 of chapter 429, Statutes of Nevada 1999,

183-39   at page 1991, are hereby repealed.

183-40      Sec. 38.  1.  This section and sections 35.4 ,

183-41   [and] 35.6 and 35.9 of this act , and subsection 3 of

183-42   section 36 of this act, become effective on

183-43  September 30, 1999.

183-44      2.  Subsection 2 of section 36 of this act becomes

183-45   effective on October 1, 1999.

184-1      [2.] 3.  Sections 1 to 9, inclusive, 14 to 35,

184-2  inclusive, [36] and 37 of this act , and subsection 1 of

184-3   section 36 of this act, become effective on October 1,

184-4   1999, and expire by limitation on October 1, 2003.

184-5      [3.] 4.  Section 13 of this act becomes effective at

184-6   12:01 a.m. on October 1, 1999.

184-7      5.  Sections 10 [, 13] and 35.8 of this act become

184-8   effective at 12:01 a.m. on October 1, 1999, and expire

184-9   by limitation on October 1, 2003.

184-10      [4.] 6.  Section 11 of this act becomes effective at

184-11   12:01 a.m. on October 1, 1999, and expires by

184-12   limitation on May 1, 2013.

184-13      [5.] 7.  Section 13.5 of this act becomes effective

184-14   [at 12:01 a.m.] on October 1, 2003.

184-15      [6.] 8.  Section 35.2 of this act becomes effective

184-16   [at 12:01 a.m.] on October 1, 2003 and expires by

184-17   limitation on May 1, 2013.

184-18      [7.] 9.  Section 12 of this act becomes effective at

184-19   12:02 a.m. on May 1, 2013.

184-20      2.  Chapter 627, Statutes of Nevada 1999, at page

184-21   3503, is hereby amended by adding thereto a new section

184-22   to be designated as section 35.9, immediately following

184-23   section 35.8, to read as follows:

184-24      Sec. 35.9.  Section 4 of chapter 326, Statutes of

184-25   Nevada 1999, at page 1364, is hereby amended to read

184-26   as follows:

184-27  Sec. 4.  [1.]  This section and [sections 1 and]

184-28   section 3 of this act become effective on October 1,

184-29   1999.

184-30  [2.  Section 2 of this act becomes effective at

184-31   12:01 a.m. on May 1, 2013.

184-32  3.  Section 1 of this act expires by limitation on

184-33   May 1, 2013.]

184-34      Sec. 16.2.  Section 78 of chapter 13, Statutes of Nevada

184-35   2001, at page 338, is hereby amended to read as follows:

184-36      Sec. 78.  [1.]  This section and sections 1 to 24,

184-37   inclusive, 26, 28 to 77, inclusive, and 79 of this act

184-38   become effective on July 1, 2001.

184-39      [2.  Section 25 of this act becomes effective at 12:01

184-40   a.m. on October 1, 2003.

184-41      3.  Section 27 of this act becomes effective at 12:02

184-42   a.m. on October 1, 2003.]

184-43      Sec. 16.3.  Section 12 of chapter 259, Statutes of Nevada

184-44   2001, at page 1149, is hereby amended to read as follows:

184-45      Sec. 12.  [1.]  This section and sections 1 and 3 to

184-46   11, inclusive, of this act become effective on July 1, 2001.

185-1      [2.  Section 1 of this act becomes effective on July 1,

185-2  2001, and expires by limitation on October 1, 2003.

185-3      3.  Section 2 of this act becomes effective at 12:01

185-4   a.m. on October 1, 2003.]

185-5      Sec. 16.4.  Section 6 of chapter 279, Statutes of Nevada

185-6   2001, at page 1274, is hereby amended to read as follows:

185-7      Sec. 6.  1.  This section and sections 1, 2, 4 and 5 of

185-8   this act become effective on October 1, 2001.

185-9      2.  [Sections 1, 2 and] Section 4 of this act [expire]

185-10   expires by limitation on October 1, 2003.

185-11      [3.  Section 3 of this act becomes effective at 12:01

185-12   a.m. on October 1, 2003.]

185-13      Sec. 16.5.  Section 14 of chapter 397, Statutes of Nevada

185-14   2001, at page 1919, is hereby amended to read as follows:

185-15      Sec. 14.  [1.]  This section and sections 1 to 9,

185-16   inclusive, 11, 12 and 13 of this act become effective on

185-17   July 1, 2001.

185-18      [2.  Section 9 of this act expires by limitation on

185-19   October 1, 2003.

185-20      3.  Section 10 of this act becomes effective at 12:01

185-21   a.m. on October 1, 2003.]

185-22      Sec. 16.6.  Sections 8 and 15 of chapter 448, Statutes of

185-23   Nevada 2001, at pages 2262 and 2279, respectively, are

185-24   hereby amended to read respectively as follows:

185-25      Sec. 8.  NRS 338.1389 is hereby amended to read as

185-26   follows:

185-27      338.1389  1.  Except as otherwise provided in NRS

185-28   338.1385 and 338.1711 to 338.1727, inclusive, a public

185-29   body shall award a contract for a public work to the

185-30   contractor who submits the best bid.

185-31      2.  Except as otherwise provided in subsection [8] 10

185-32   or limited by subsection [9,] 11, for the purposes of this

185-33   section, a contractor who:

185-34      (a) Has been determined by the public body to be a

185-35   qualified bidder pursuant to NRS 338.1379 or is exempt

185-36   from meeting such requirements pursuant to NRS

185-37   338.1373 or 338.1383; and

185-38      (b) At the time he submits his bid, provides to the

185-39   public body a copy of a certificate of eligibility to receive

185-40   a preference in bidding on public works issued to him by

185-41   the state contractors’ board pursuant to subsection 3[,]

185-42  or 4,

185-43  shall be deemed to have submitted a better bid than a

185-44   competing contractor who has not provided a copy of

185-45   such a valid certificate of eligibility if the amount of his

185-46   bid is

186-1  not more than 5 percent higher than the amount bid by the

186-2  competing contractor.

186-3      3.  The state contractors’ board shall issue a certificate

186-4   of eligibility to receive a preference in bidding on public

186-5   works to a general contractor who is licensed pursuant to

186-6   the provisions of chapter 624 of NRS and submits to the

186-7   board an affidavit from a certified public accountant

186-8   setting forth that the general contractor has[:] , while

186-9   licensed as a general contractor in this state:

186-10      (a) Paid[:] directly, on his own behalf:

186-11        (1) The sales and use taxes imposed pursuant to

186-12   chapters 372, 374 and 377 of NRS on materials used for

186-13   construction in this state, including, without limitation,

186-14   construction that is undertaken or carried out on land

186-15   within the boundaries of this state that is managed by the

186-16   Federal Government or is on an Indian reservation or

186-17   Indian colony, of not less than $5,000 for each

186-18   consecutive 12-month period for 60 months immediately

186-19   preceding the submission of the affidavit from the

186-20   certified public accountant;

186-21        (2) The governmental services tax imposed

186-22   pursuant to chapter 371 of NRS on the vehicles used in

186-23   the operation of his business in this state of not less than

186-24   $5,000 for each consecutive 12-month period for 60

186-25   months immediately preceding the submission of the

186-26   affidavit from the certified public accountant; or

186-27        (3) Any combination of such sales and use taxes

186-28   and governmental services tax; or

186-29      (b) Acquired, by purchase, inheritance, gift or transfer

186-30   through a stock option plan , [for employees,] all the

186-31   assets and liabilities of a viable, operating construction

186-32   firm that possesses a:

186-33        (1) License as a general contractor pursuant to the

186-34   provisions of chapter 624 of NRS; and

186-35        (2) Certificate of eligibility to receive a preference

186-36   in bidding on public works.

186-37      4.  The state contractors’ board shall issue a

186-38   certificate of eligibility to receive a preference in bidding

186-39   on public works to a specialty contractor who is licensed

186-40   pursuant to the provisions of chapter 624 of NRS and

186-41   submits to the board an affidavit from a certified public

186-42   accountant setting forth that the specialty contractor

186-43   has, while licensed as a specialty contractor in this state:

186-44      (a) Paid directly, on his own behalf:

186-45        (1) The sales and use taxes pursuant to chapters

186-46   372, 374 and 377 of NRS on materials used for

187-1  construction in this state, including, without limitation,

187-2  construction that is undertaken or carried out on land

187-3   within the boundaries of this state that is managed by

187-4   the Federal Government or is on an Indian reservation

187-5   or Indian colony, of not less than $5,000 for each

187-6   consecutive 12-month period for 60 months immediately

187-7   preceding the submission of the affidavit from the

187-8   certified public accountant;

187-9         (2) The governmental services tax imposed

187-10   pursuant to chapter 371 of NRS on the vehicles used in

187-11   the operation of his business in this state of not less than

187-12   $5,000 for each consecutive 12-month period for 60

187-13   months immediately preceding the submission of the

187-14   affidavit from the certified public accountant; or

187-15        (3) Any combination of such sales and use taxes

187-16   and governmental services tax; or

187-17      (b) Acquired, by purchase, inheritance, gift or

187-18   transfer through a stock option plan, all the assets and

187-19   liabilities of a viable, operating construction firm that

187-20   possesses a:

187-21        (1) License as a specialty contractor pursuant to

187-22   the provisions of chapter 624 of NRS; and

187-23        (2) Certificate of eligibility to receive a preference

187-24   in bidding on public works.

187-25      5.  For the purposes of complying with the

187-26   requirements set forth in paragraph (a) of subsection 3[, a

187-27   general] and paragraph (a) of subsection 4, a contractor

187-28   shall be deemed to have paid:

187-29      (a) Sales and use taxes and governmental services

187-30   taxes that were paid in this state by an affiliate or parent

187-31   company of the contractor, if the affiliate or parent

187-32   company is also a general contractor[;] or specialty

187-33   contractor, as applicable; and

187-34      (b) Sales and use taxes that were paid in this state by a

187-35   joint venture in which the contractor is a participant, in

187-36   proportion to the amount of interest the contractor has in

187-37   the joint venture.

187-38      [5.] 6.  A contractor who has received a certificate of

187-39   eligibility to receive a preference in bidding on public

187-40   works from the state contractors’ board pursuant to

187-41   subsection 3 or 4 shall, at the time for the annual renewal

187-42   of his contractor’s license pursuant to NRS 624.283,

187-43   submit to the board an affidavit from a certified public

187-44   accountant setting forth that the contractor has, during the

187-45   immediately preceding 12 months, paid the taxes required

187-46   pursuant to paragraph (a) of subsection 3 or paragraph

187-47   (a)

188-1  of subsection 4, as applicable, to maintain his eligibility

188-2  to hold such a certificate.

188-3      [6.] 7.  A contractor who fails to submit an affidavit

188-4   to the board pursuant to subsection [5] 6 ceases to be

188-5   eligible to receive a preference in bidding on public

188-6   works unless he reapplies for and receives a certificate of

188-7   eligibility pursuant to subsection 3[.

188-8      7.] or 4, as applicable.

188-9      8.  If a contractor holds more than one contractor’s

188-10   license, he must submit a separate application for each

188-11   license pursuant to which he wishes to qualify for a

188-12   preference in bidding. Upon issuance, the certificate of

188-13   eligibility to receive a preference in bidding on public

188-14   works becomes part of the contractor’s license for which

188-15   the contractor submitted the application.

188-16      9.  If a contractor who applies to the state contractors’

188-17   board for a certificate of eligibility to receive a preference

188-18   in bidding on public works submits false information to

188-19   the board regarding the required payment of taxes, the

188-20   contractor is not eligible to receive a preference in

188-21   bidding on public works for a period of 5 years after the

188-22   date on which the board becomes aware of the submission

188-23   of the false information.

188-24      [8.] 10.  If any federal statute or regulation precludes

188-25   the granting of federal assistance or reduces the amount

188-26   of that assistance for a particular public work because of

188-27   the provisions of subsection 2, those provisions do not

188-28   apply insofar as their application would preclude or

188-29   reduce federal assistance for that work. The provisions of

188-30   subsection 2 do not apply to any contract for a public

188-31   work which is expected to cost less than $250,000.

188-32      [9.] 11.  If a bid is submitted by two or more

188-33   contractors as a joint venture or by one of them as a joint

188-34   venturer, the provisions of subsection 2 apply only if both

188-35   or all of the joint venturers separately meet the

188-36   requirements of that subsection.

188-37      [10.] 12.  The state contractors’ board shall adopt

188-38   regulations and may assess reasonable fees relating to the

188-39   certification of contractors for a preference in bidding on

188-40   public works.

188-41      [11.] 13.  A person or entity who believes that a

188-42   contractor wrongfully holds a certificate of eligibility to

188-43   receive a preference in bidding on public works may

188-44   challenge the validity of the certificate by filing a written

188-45   objection with the public body to which the contractor has

188-46   submitted a bid or proposal on a contract for the

189-1  construction of a public work. A written objection

189-2  authorized pursuant to this subsection must:

189-3      (a) Set forth proof or substantiating evidence to

189-4   support the belief of the person or entity that the

189-5   contractor wrongfully holds a certificate of eligibility to

189-6   receive a preference in bidding on public works; and

189-7      (b) Be filed with the public body at or after the time at

189-8   which the contractor submitted the bid or proposal to the

189-9   public body and before the time at which the public body

189-10   awards the contract for which the bid or proposal was

189-11   submitted.

189-12      [12.] 14.  If a public body receives a written

189-13   objection pursuant to subsection [11,] 13, the public body

189-14   shall determine whether the objection is accompanied by

189-15   the proof or substantiating evidence required pursuant to

189-16   paragraph (a) of that subsection. If the public body

189-17   determines that the objection is not accompanied by the

189-18   required proof or substantiating evidence, the public body

189-19   shall dismiss the objection and may proceed immediately

189-20   to award the contract. If the public body determines that

189-21   the objection is accompanied by the required proof or

189-22   substantiating evidence, the public body shall determine

189-23   whether the contractor qualifies for the certificate

189-24   pursuant to the provisions of this section and may proceed

189-25   to award the contract accordingly.

189-26      Sec. 15.  1.  This section and sections 1 to 4,

189-27   inclusive, 7, 10, 13 and 14 of this act become effective on

189-28   July 1, 2001.

189-29      2.  Sections 5[, 8] and 11 of this act become effective

189-30   at 12:01 a.m. on July 1, 2001.

189-31      3.  [Section] Sections 8 and 14.5 of this act [becomes]

189-32   become effective at 12:02 a.m. on July 1, 2001.

189-33      4.  Sections [6 and 9 of this act become effective at

189-34   12:02 a.m. on October 1, 2003.

189-35      5.  Section 12 of this act becomes effective at 12:03

189-36   a.m. on October 1, 2003.

189-37      6.  Sections 5, 8, 11,] 13 and 14 of this act expire by

189-38   limitation on October 1, 2003.

189-39    Sec. 68.  1.  Sections 4, 5, 7, 25 and 27 of chapter 412,

189-40   Statutes of Nevada 2001, at pages 2025, 2026, 2035 and 2036, are

189-41   hereby amended to read respectively as follows:

189-42      Sec. 4.  NRS 293.127 is hereby amended to read as

189-43   follows:

189-44      293.127  1.  This Title must be liberally construed to the

189-45   end that:

190-1      [1.] (a) All electors, including, without limitation,

190-2  electors who are elderly or disabled, have an opportunity to

190-3   participate in elections and to cast their votes privately;

190-4      [2.] (b) An eligible voter with a physical or mental

190-5   disability is not denied the right to vote solely because of the

190-6   physical or mental disability; and

190-7      [3.] (c) The real will of the electors is not defeated by any

190-8   informality or by failure substantially to comply with the

190-9   provisions of this Title with respect to the giving of any

190-10   notice or the conducting of an election or certifying the

190-11   results thereof.

190-12    2.  For purposes of counting a vote, the real will of an

190-13   elector must be determined pursuant to section 2 or 23 of

190-14   this act or regulations adopted pursuant to section 2 or 23

190-15   of this act.

190-16      Sec. 5.  NRS 293.3095 is hereby amended to read as

190-17   follows:

190-18      293.3095  1.  A person who, during the 6 months

190-19   immediately preceding an election, distributes to more than a

190-20   total of 500 registered voters a form to request an absent

190-21   ballot for the election shall:

190-22      (a) Distribute the form prescribed by the secretary of

190-23   state, which must, in 14-point type or larger:

190-24        (1) Identify the person who is distributing the form;

190-25   and

190-26        (2) Include a notice stating, “This is a request for an

190-27   absent ballot.”; [and

190-28        (3) State that by returning the form, the form will be

190-29   submitted to the county clerk;]

190-30      (b) Not later than 14 days before distributing such a form,

190-31   provide [written notice] to the county clerk of each county to

190-32   which a form will be distributed written notification of the

190-33   approximate number of forms to be distributed to voters in

190-34   the county and of the first date [of the distribution of] on

190-35   which the forms[; and] will be distributed;

190-36      (c) Not return or offer to return to a county clerk a form

190-37   that was mailed to a registered voter pursuant to this

190-38   subsection; and

190-39      (d) Not mail such a form later than 21 days before the

190-40   election.

190-41    2.  The provisions of this section do not authorize a

190-42   person to vote by absent ballot if he is not otherwise eligible

190-43   to vote by absent ballot.

190-44      Sec. 7.  NRS 293.323 is hereby amended to read as

190-45   follows:

191-1      293.323  1.  [If] Except as otherwise provided in

191-2  subsection 2, if the request for an absent ballot is made by

191-3   mail or [telegram,] facsimile machine, the county clerk shall,

191-4   as soon as the official absent ballot for the precinct or district

191-5   in which the applicant resides has been printed, send to the

191-6   voter by first-class mail if the absent voter is within the

191-7   boundaries of the United States, its territories or possessions

191-8   or on a military base, or by air mail if the absent voter is in a

191-9   foreign country but not on a military base : [, postage

191-10   prepaid:]

191-11      (a) Except as otherwise provided in paragraph (b):

191-12        (1) An absent ballot;

191-13        (2) A return envelope;

191-14        (3) Supplies for marking the ballot;

191-15        (4) An envelope or similar device into which the ballot

191-16   is inserted to ensure its secrecy; and

191-17        (5) Instructions.

191-18      (b) In those counties using a mechanical voting system

191-19   whereby a vote is cast by punching a card:

191-20        (1) A card attached to a sheet of foam plastic or

191-21   similar backing material;

191-22        (2) A return envelope;

191-23        (3) A punching instrument;

191-24        (4) A sample ballot;

191-25        (5) An envelope or similar device into which the card

191-26   is inserted to ensure its secrecy; and

191-27        (6) Instructions.

191-28    2.  If the county clerk fails to send an absent ballot

191-29   pursuant to subsection 1 to a voter who resides within the

191-30   continental United States, the county clerk may use a

191-31   facsimile machine to send an absent ballot and instructions

191-32   to the voter. The voter shall mail his absent ballot to the

191-33   county clerk.

191-34    3.  The return envelope sent pursuant to subsection 1

191-35   must include postage prepaid by first-class mail if the absent

191-36   voter is within the boundaries of the United States, its

191-37   territories or possessions or on a military base.

191-38      [3.] 4.  Nothing may be enclosed or sent with an absent

191-39   ballot except as required by subsection 1[.

191-40      4.] or 2.

191-41    5.  Before depositing [the] a ballot in the mails[,] or

191-42   sending a ballot by facsimile machine, the county clerk shall

191-43   record the date the ballot is issued, the name of the registered

191-44   voter to whom it is issued, his precinct or district, his

191-45   political affiliation, if any, the number of the ballot and any

191-46   remarks he finds appropriate.

192-1     6.  The secretary of state shall adopt regulations to

192-2  carry out the provisions of subsection 2.

192-3      Sec. 25.  NRS 293C.306 is hereby amended to read as

192-4   follows:

192-5      293C.306  1.  A person who, during the 6 months

192-6   immediately preceding an election, distributes to more than a

192-7   total of 500 registered voters a form to request an absent

192-8   ballot for the election shall:

192-9      (a) Distribute the form prescribed by the secretary of

192-10   state, which must, in 14-point type or larger:

192-11        (1) Identify the person who is distributing the form;

192-12   and

192-13        (2) Include a notice stating, “This is a request for an

192-14   absent ballot.”; [and

192-15        (3) State that by returning the form, the form will be

192-16   submitted to the city clerk;]

192-17      (b) Not later than 14 days before distributing such a form,

192-18   provide [written notice] to the city clerk of each city to which

192-19   a form will be distributed written notification of the

192-20   approximate number of forms to be distributed to voters in

192-21   the city and of the first date [of the distribution of] on which

192-22   the forms[; and] will be distributed;

192-23      (c) Not return or offer to return to the city clerk a form

192-24   that was mailed to a registered voter pursuant to this

192-25   subsection; and

192-26      (d) Not mail such a form later than 21 days before the

192-27   election.

192-28    2.  The provisions of this section do not authorize a

192-29   person to vote by absent ballot if he is not otherwise eligible

192-30   to vote by absent ballot.

192-31      Sec. 27.  NRS 293C.322 is hereby amended to read as

192-32   follows:

192-33      293C.322  1.  [If] Except as otherwise provided in

192-34   subsection 2, if the request for an absent ballot is made by

192-35   mail or [telegram,] facsimile machine, the city clerk shall, as

192-36   soon as the official absent ballot for the precinct or district in

192-37   which the applicant resides has been printed, send to the

192-38   voter by first-class mail if the absent voter is within the

192-39   boundaries of the United States, its territories or possessions

192-40   or on a military base, or by air mail if the absent voter is in a

192-41   foreign country but not on a military base : [, postage

192-42   prepaid:]

192-43      (a) Except as otherwise provided in paragraph (b):

192-44        (1) An absent ballot;

192-45        (2) A return envelope;

192-46        (3) Supplies for marking the ballot;

193-1         (4) An envelope or similar device into which the ballot

193-2  is inserted to ensure its secrecy; and

193-3         (5) Instructions.

193-4      (b) In those cities using a mechanical voting system

193-5   whereby a vote is cast by punching a card:

193-6         (1) A card attached to a sheet of foam plastic or

193-7   similar backing material;

193-8         (2) A return envelope;

193-9         (3) A punching instrument;

193-10        (4) A sample ballot;

193-11        (5) An envelope or similar device into which the card

193-12   is inserted to ensure its secrecy; and

193-13        (6) Instructions.

193-14    2.  If the city clerk fails to send an absent ballot

193-15   pursuant to subsection 1 to a voter who resides within the

193-16   continental United States, the city clerk may use a facsimile

193-17   machine to send an absent ballot and instructions to the

193-18   voter. The voter shall mail his absent ballot to the city clerk.

193-19    3.  The return envelope sent pursuant to subsection 1

193-20   must include postage prepaid by first-class mail if the absent

193-21   voter is within the boundaries of the United States, its

193-22   territories or possessions or on a military base.

193-23      [3.] 4.  Nothing may be enclosed or sent with an absent

193-24   ballot except as required by subsection 1[.

193-25      4.] or 2.

193-26    5.  Before depositing [the] a ballot with the United States

193-27   Postal Service[,] or sending a ballot by facsimile machine,

193-28   the city clerk shall record the date the ballot is issued, the

193-29   name of the registered voter to whom it is issued, his precinct

193-30   or district, the number of the ballot and any remarks he finds

193-31   appropriate.

193-32    6.  The secretary of state shall adopt regulations to

193-33   carry out the provisions of subsection 2.

193-34    2.  Chapter 412, Statutes of Nevada 2001, at page 2042, is

193-35   hereby amended by adding thereto a new section to be designated

193-36   as section 40, immediately following section 39, to read as follows:

193-37      Sec. 40.  Sections 4, 5 and 25 of this act become

193-38   effective at 12:01 a.m. on October 1, 2001.

193-39    Sec. 69.  Sections 8, 10 and 85 of chapter 416, Statutes of

193-40   Nevada 2001, at pages 2075, 2076 and 2115, respectively, are

193-41   hereby amended to read respectively as follows:

193-42      Sec. 8.  NRS 218.5388 is hereby amended to read as

193-43   follows:

193-44      218.5388  As used in NRS 218.5388 to 218.53886,

193-45   inclusive, and section 7 of this act, “committee” means a

193-46   legislative committee for local government taxes and

193-47   finance.

194-1      Sec. 10.  NRS 266.285 is hereby amended to read as

194-2  follows:

194-3      266.285  [The] Except as otherwise provided in sections

194-4   13, 14 and 15 of this act, a city council may:

194-5     1.  Provide, by contract, franchise or public enterprise,

194-6   for any utility to be furnished to the city for the residents

194-7   thereof.

194-8     2.  Provide for the construction of any facility necessary

194-9   for the provision of the utility.

194-10    3.  Fix the rate to be paid for any utility provided by

194-11   public enterprise. Any charges due for services, facilities or

194-12   commodities furnished by any utility owned by the city is a

194-13   lien upon the property to which the service is rendered and

194-14   must be perfected by recording with the county recorder a

194-15   statement by the city clerk of the amount due and unpaid and

194-16   describing the property subject to the lien. Each such lien:

194-17      (a) Is coequal with the latest lien thereon to secure the

194-18   payment of general taxes.

194-19      (b) Is not subject to extinguishment by the sale of any

194-20   property because of the nonpayment of general taxes.

194-21      (c) Is prior and superior to all liens, claims, encumbrances

194-22   and titles other than the liens of assessments and general

194-23   taxes.

194-24      Sec. 85.  1.  This section and sections 1 to 7, inclusive,

194-25   9, 11 to 82, inclusive, 83.5 and 84 of this act [becomes]

194-26   become effective on July 1, 2001 . [, and]

194-27    2.  Sections 8 and 10 of this act become effective at

194-28   12:01 a.m. on July 1, 2001.

194-29    3.  This act expires by limitation on July 1, 2003.

194-30    Sec. 70.  1.  Section 3 of chapter 419, Statutes of Nevada

194-31   2001, at page 2124, is hereby amended to read as follows:

194-32      Sec. 3.  NRS 244A.7643 is hereby amended to read as

194-33   follows:

194-34      244A.7643  1.  [The] Except as otherwise provided in

194-35   this section, the board of county commissioners in a county

194-36   whose population is 20,000 or more [than 100,000] but less

194-37   than 400,000 may, by ordinance, impose a surcharge on:

194-38      (a) Each access line or trunk line of each customer to the

194-39   local exchange of any telephone company providing those

194-40   lines in the county; and

194-41      (b) The mobile telephone service provided to each

194-42   customer of that service who resides in the county,

194-43  for the enhancement of the telephone system for reporting an

194-44   emergency in the county.

194-45    2.  The board of county commissioners of a county

194-46   whose population is less than 100,000 may not impose a

195-1  surcharge pursuant to this section unless the board first

195-2  adopts a 5-year master plan for the enhancement of the

195-3   telephone system for reporting emergencies in the county.

195-4   The master plan must include an estimate of the cost of the

195-5   enhancement of the telephone system and all proposed

195-6   sources of money for funding the enhancement.

195-7     3.  The surcharge imposed by a board of county

195-8   commissioners pursuant to [subsection 1:] this section:

195-9      (a) For each access line to the local exchange of a

195-10   telephone company, must not exceed 25 cents each month;

195-11      (b) For each trunk line to the local exchange of a

195-12   telephone company, must equal 10 times the amount of the

195-13   surcharge imposed for each access line to the local exchange

195-14   of a telephone company pursuant to paragraph (a); and

195-15      (c) For each telephone number assigned to a customer by

195-16   a supplier of mobile telephone service, must equal the

195-17   amount of the surcharge imposed for each access line to the

195-18   local exchange of a telephone company pursuant to

195-19   paragraph (a).

195-20      [3.] 4.  A telephone company which provides access

195-21   lines or trunk lines in a county which imposes a surcharge

195-22   pursuant to this section or a supplier which provides mobile

195-23   telephone service to a customer in such a county, shall

195-24   collect the surcharge from its customers each month. Except

195-25   as otherwise provided in NRS 244A.7647, the telephone

195-26   company or supplier shall remit the surcharge it collects to

195-27   the treasurer of the county [where] in which the surcharge is

195-28   imposed not later than the 15th day of the month after the

195-29   month it receives payment of the surcharge from its

195-30   customers.

195-31      [4.] 5.  An ordinance adopted pursuant to subsection 1

195-32   may include a schedule of penalties for the delinquent

195-33   payment of amounts due from telephone companies or

195-34   suppliers pursuant to this section. Such a schedule:

195-35      (a) Must provide for a grace period of not less than 90

195-36   days after the date on which the telephone company or

195-37   supplier must otherwise remit the surcharge to the county

195-38   treasurer; and

195-39      (b) Must not provide for a penalty that exceeds 5 percent

195-40   of the cumulative amount of surcharges owed by a telephone

195-41   company or a supplier.

195-42      [5.] 6.  As used in this section, “trunk line” means a line

195-43   which provides a channel between a switchboard owned by a

195-44   customer of a telephone company and the local exchange of

195-45   the telephone company.

196-1     2.  Chapter 419, Statutes of Nevada 2001, at page 2126, is

196-2  hereby amended by adding thereto a new section to be designated as

196-3   section 5.5, immediately following section 5, to read as follows:

196-4      Sec. 5.5.  Section 3 of chapter 346, Statutes of Nevada

196-5   2001, at page 1643, is hereby amended to read as follows:

196-6      Sec. 3.  NRS 244A.7643 is hereby amended to read

196-7   as follows:

196-8      244A.7643  1.  Except as otherwise provided in this

196-9   section, the board of county commissioners in a county

196-10   whose population is 20,000 or more but less than 400,000

196-11   may, by ordinance, impose a surcharge on:

196-12      (a) Each access line or trunk line of each customer to

196-13   the local exchange of any telephone company providing

196-14   those lines in the county; and

196-15      (b) The mobile telephone service provided to each

196-16   customer of that service [who resides] whose place of

196-17   primary use is in the county,

196-18  for the enhancement of the telephone system for reporting

196-19   an emergency in the county.

196-20      2.  The board of county commissioners of a county

196-21   whose population is less than 100,000 may not impose a

196-22   surcharge pursuant to this section unless the board first

196-23   adopts a 5-year master plan for the enhancement of the

196-24   telephone system for reporting emergencies in the county.

196-25   The master plan must include an estimate of the cost of

196-26   the enhancement of the telephone system and all proposed

196-27   sources of money for funding the enhancement.

196-28      3.  The surcharge imposed by a board of county

196-29   commissioners pursuant to this section:

196-30      (a) For each access line to the local exchange of a

196-31   telephone company, must not exceed 25 cents each

196-32   month;

196-33      (b) For each trunk line to the local exchange of a

196-34   telephone company, must equal 10 times the amount of

196-35   the surcharge imposed for each access line to the local

196-36   exchange of a telephone company pursuant to paragraph

196-37   (a); and

196-38      (c) For each telephone number assigned to a customer

196-39   by a supplier of mobile telephone service, must equal the

196-40   amount of the surcharge imposed for each access line to

196-41   the local exchange of a telephone company pursuant to

196-42   paragraph (a).

196-43      4.  A telephone company which provides access lines

196-44   or trunk lines in a county which imposes a surcharge

196-45   pursuant to this section or a supplier which provides

196-46   mobile telephone service to a customer in such a county

196-47   [,] shall collect the surcharge from its customers each

196-48   month.

197-1  Except as otherwise provided in NRS 244A.7647, the

197-2  telephone company or supplier shall remit the surcharge it

197-3   collects to the treasurer of the county in which the

197-4   surcharge is imposed not later than the 15th day of

197-5  the month after the month it receives payment of the

197-6   surcharge from its customers.

197-7      5.  An ordinance adopted pursuant to subsection 1

197-8   may include a schedule of penalties for the delinquent

197-9   payment of amounts due from telephone companies or

197-10   suppliers pursuant to this section. Such a schedule:

197-11      (a) Must provide for a grace period of not less than 90

197-12   days after the date on which the telephone company or

197-13   supplier must otherwise remit the surcharge to the county

197-14   treasurer; and

197-15      (b) Must not provide for a penalty that exceeds 5

197-16   percent of the cumulative amount of surcharges owed by

197-17   a telephone company or a supplier.

197-18      6.  As used in this section, “trunk line” means a line

197-19   which provides a channel between a switchboard owned

197-20   by a customer of a telephone company and the local

197-21   exchange of the telephone company.

197-22    Sec. 71.  1.  Section 8 of chapter 425, Statutes of Nevada

197-23   2001, at page 2141, is hereby amended to read as follows:

197-24      Sec. 8.  1.  This section and sections 1 to 6, inclusive,

197-25   and 7 of this act [becomes] become effective on July 1,

197-26   2001.

197-27    2.  Section 6.5 of this act becomes effective at 12:01

197-28   a.m. on July 1, 2001.

197-29    2.  Chapter 425, Statutes of Nevada 2001, at page 2141, is

197-30   hereby amended by adding thereto a new section to be designated

197-31   as section 6.5, immediately following section 6, to read as follows:

197-32      Sec. 6.5.  NRS 284.384 is hereby amended to read as

197-33   follows:

197-34      284.384  1.  The director shall propose, and the

197-35   commission shall adopt, regulations which provide for the

197-36   adjustment of grievances for which a hearing is not provided

197-37   by NRS 284.165, 284.245, 284.376 or 284.390[.] or section

197-38   4 of this act. Any grievance for which a hearing is not

197-39   provided by NRS 284.165, 284.245, 284.376 or 284.390 or

197-40   section 4 of this act is subject to adjustment pursuant to this

197-41   section.

197-42    2.  The regulations must provide procedures for:

197-43      (a) Consideration and adjustment of the grievance within

197-44   the agency in which it arose.

197-45      (b) Submission to the employee-management committee

197-46   for a final decision if the employee is still dissatisfied with

197-47   the resolution of the dispute.

198-1     3.  The regulations must include provisions for:

198-2      (a) Submitting each proposed resolution of a dispute

198-3   which has a fiscal effect to the budget division of the

198-4   department of administration for a determination by that

198-5   division whether the resolution is feasible on the basis of its

198-6   fiscal effects; and

198-7      (b) Making the resolution binding.

198-8     4.  Any grievance which is subject to adjustment

198-9   pursuant to this section may be appealed to the employee

198-10  -management committee for a final decision.

198-11    5.  The employee may represent himself at any hearing

198-12   regarding a grievance which is subject to adjustment

198-13   pursuant to this section or be represented by an attorney or

198-14   other person of the employee’s own choosing.

198-15    6.  As used in this section, “grievance” means an act,

198-16   omission or occurrence which an employee who has attained

198-17   permanent status feels constitutes an injustice relating to any

198-18   condition arising out of the relationship between an employer

198-19   and an employee, including, but not limited to,

198-20   compensation, working hours, working conditions,

198-21   membership in an organization of employees or the

198-22   interpretation of any law, regulation or disagreement.

198-23    Sec. 72.  Chapter 445, Statutes of Nevada 2001, at page 2163,

198-24   is hereby amended by adding thereto a new section to be designated

198-25   as section 16.5, immediately following section 16, to read as

198-26   follows:

198-27      Sec. 16.5.  NRS 353B.110 is hereby amended to read as

198-28   follows:

198-29      353B.110  The board:

198-30    1.  May modify the [rules] regulations for the

198-31   implementation of the program [established] adopted

198-32   pursuant to subsection 2 of NRS 353B.090.

198-33    2.  May establish agreements to fulfill its obligations

198-34   under the prepaid tuition contracts.

198-35    3.  May contract for any necessary good or service,

198-36   including, without limitation, the power to engage financial

198-37   consultants, actuaries or legal counsel.

198-38    4.  May procure insurance against any loss in connection

198-39   with the property, assets or activities of the trust fund, the

198-40   state treasurer or the board.

198-41    5.  May solicit and accept a gift, including, without

198-42   limitation, a bequeathment or other testamentary gift, grant,

198-43   loan or aid from any source.

198-44    6.  Shall solicit answers to requests for rulings from the

198-45   Internal Revenue Service regarding the tax status of fees paid

199-1  to or on behalf of a purchaser or a qualified beneficiary

199-2  pursuant to a prepaid tuition contract.

199-3     Sec. 73.  Sections 91, 108, 243 and 245 of chapter 446,

199-4   Statutes of Nevada 2001, at pages 2196, 2205 and 2256, are hereby

199-5   amended to read respectively as follows:

199-6      Sec. 91.  1.  An applicant for a license as a producer

199-7   of insurance who desires to use a name other than his true

199-8   name as shown on the license shall file with the

199-9   commissioner a certified copy of the certificate or any

199-10   renewal certificate filed pursuant to chapter 602 of NRS.

199-11   An incorporated applicant or licensee shall file with the

199-12   commissioner a document showing the corporation’s true

199-13   name and all fictitious names under which it conducts or

199-14   intends to conduct business. A licensee shall file promptly

199-15   with the commissioner written notice of any change in or

199-16   discontinuance of the use of a fictitious name.

199-17    2.  The commissioner may disapprove in writing the use

199-18   of a true name, other than the true name of a natural

199-19   person who is the applicant or licensee, or a fictitious name

199-20   of any applicant or licensee, on any of the following

199-21   grounds:

199-22      (a) The name interferes with or is deceptively similar to

199-23   a name already filed and in use by another licensee.

199-24      (b) Use of the name may mislead the public in any

199-25   respect.

199-26      (c) The name states or implies that the applicant or

199-27   licensee is an insurer, motor club or hospital service plan

199-28   or is entitled to engage in activities related to insurance not

199-29   permitted under the license applied for or held.

199-30      (d) The name states or implies that the licensee is an

199-31   underwriter, but:

199-32        (1) A natural person licensed as an agent or broker

199-33   for life insurance may describe himself as an underwriter

199-34   or “chartered life underwriter” if entitled to do so;

199-35        (2) A natural person licensed for property and

199-36   casualty insurance may use the designation “chartered

199-37   property and casualty underwriter” if entitled thereto; and

199-38        (3) An insurance agent or brokers’ trade association

199-39   may use a name containing the word “underwriter.”

199-40      (e) The licensee has already filed and not discontinued

199-41   the use of more than two names, including the true name.

199-42    3.  A licensee shall not use a name after written notice

199-43   from the commissioner that its use violates the provisions of

199-44   this section. If the commissioner determines that the use is

199-45   justified by mitigating circumstances, he may permit, in

199-46   writing, the use of the name to continue for a specified

200-1  reasonable period upon conditions imposed by him for the

200-2  protection of the public consistent with this section.

200-3     4.  Paragraphs (a), (c) and (d) of subsection 2 do not

200-4   apply to the true name of an organization which on July 1,

200-5   1965, held under that name a type of license similar to

200-6   those governed by this chapter, or to a fictitious name used

200-7   on July 1, 1965, by a natural person or organization

200-8   holding such a license, if the fictitious name was filed with

200-9   the commissioner on or before July 1, 1965.

200-10      Sec. 108.  (Deleted by amendment.)

200-11      Sec. 243.  NRS 683A.030, 683A.040, 683A.050,

200-12   683A.070, 683A.080, 683A.100, 683A.120, 683A.130,

200-13   683A.150, 683A.170, 683A.180, 683A.190, 683A.200,

200-14   683A.220, 683A.230, 683A.240, 683A.260, 683A.270,

200-15   683A.280, 683A.290, 683A.300, 683A.320, 683A.330,

200-16   683A.340, 683A.360, 683A.380, 683A.420, 683A.430,

200-17   683A.440, 683A.450, 683A.460, 683A.470, 689B.160,

200-18   689B.220, 689B.230, 689B.240 and 693A.360 are hereby

200-19   repealed.

200-20      Sec. 245.  1.  This section and section 242 of this act

200-21   become effective upon passage and approval.

200-22    2.  Sections 1 to 241, inclusive, 243 and 244 of this act

200-23   become effective on October 1, 2001.

200-24    3.  [Section] Sections 59 and 65 of this act [expires]

200-25   expire by limitation on October 1, 2003.

200-26    Sec. 74.  Sections 7, 13 and 15 of chapter 448, Statutes of

200-27   Nevada 2001, at pages 2262, 2275 and 2279, respectively, are

200-28   hereby amended to read respectively as follows:

200-29      Sec. 7.  NRS 338.1373 is hereby amended to read as

200-30   follows:

200-31      338.1373  1.  A local government shall award a contract

200-32   for the construction, alteration or repair of a public work

200-33   pursuant to the provisions of:

200-34      (a) NRS 338.1377 to 338.1389, inclusive[;] , and

200-35   sections 2 and 3 of this act; or

200-36      (b) NRS 338.143, 338.145 and 338.147[.] and section 4

200-37   of this act.

200-38    2.  The provisions of NRS 338.1375 to 338.1383,

200-39   inclusive, and section 2 of this act do not apply with respect

200-40   to contracts for the construction, reconstruction,

200-41   improvement and maintenance of highways that are awarded

200-42   by the department of transportation pursuant to NRS 408.313

200-43   to 408.433, inclusive, and section 1 of Assembly Bill No. 86

200-44   of this session.

 

201-1      Sec. 13.  NRS 338.1711 is hereby amended to read as

201-2  follows:

201-3      338.1711  1.  Except as otherwise provided in this

201-4   section, a public body shall contract with a prime contractor

201-5   for the construction of a public work for which the estimated

201-6   cost exceeds $100,000.

201-7     2.  A public body may contract with a design-build team

201-8   for the design and construction of a public work that is a

201-9   discrete project if the public body determines that:

201-10      (a) The public work is:

201-11        (1) A plant or facility for the treatment and pumping

201-12   of water or the treatment and disposal of wastewater or

201-13   sewage, the estimated cost of which exceeds $100,000,000;

201-14   or

201-15        (2) Any other type of public work, except a stand

201-16  -alone underground utility project, the estimated cost of

201-17   which exceeds $30,000,000; and

201-18      (b) Contracting with a design-build team will enable the

201-19   public body to:

201-20        (1) Design and construct the public work at a cost that

201-21   is significantly lower than the cost that the public body

201-22   would incur to design and construct the public work using a

201-23   different method;

201-24        (2) Design and construct the public work in a shorter

201-25   time than would be required to design and construct the

201-26   public work using a different method, if exigent

201-27   circumstances require that the public work be designed and

201-28   constructed within a short time; or

201-29        (3) Ensure that the design and construction of the

201-30   public work is properly coordinated, if the public work is

201-31   unique, highly technical and complex in nature.

201-32    3.  Each state agency and each local government may

201-33   contract with a design-build team once in each fiscal year for

201-34   the design and construction of a public work if the governing

201-35   body of the entity that is responsible for financing the public

201-36   work determines that:

201-37      (a) The estimated cost of the public work is:

201-38        (1) At least $250,000 but less than $30,000,000 if the

201-39   public work is the construction of a park and appurtenances

201-40   thereto, the rehabilitation or remodeling of a public building,

201-41   or the construction of an addition to a public building;

201-42        (2) At least $500,000 but less than $30,000,000 if the

201-43   public work is the construction of a new public building;

201-44        (3) At least $5,000,000 but less than $100,000,000 if

201-45   the public work is the construction, alteration or repair of a

202-1  plant or facility for the treatment and pumping of water or the

202-2  treatment and disposal of wastewater or sewage; or

202-3         (4) At least $5,000,000 but less than $30,000,000 if

202-4   the public work is the construction, alteration or repair of any

202-5   other fixed works as described in subsection 2 of NRS

202-6   624.215; and

202-7      (b) Contracting with a design-build team will enable the

202-8   public body to:

202-9         (1) Design and construct the public work at a cost that

202-10   is significantly lower than the cost that the public body

202-11   would incur to design and construct the public work using a

202-12   different method;

202-13        (2) Design and construct the public work in a shorter

202-14   time than would be required to design and construct the

202-15   public work using a different method, if exigent

202-16   circumstances require that the public work be designed and

202-17   constructed within a short time; or

202-18        (3) Ensure that the design and construction of the

202-19   public work is properly coordinated, if the public work is

202-20   unique, highly technical and complex in nature.

202-21    4.  Notwithstanding the provisions of subsections 1, 2

202-22   and 3, a public body may contract with:

202-23      (a) A nonprofit organization for the design and

202-24   construction of a project to restore, enhance or develop

202-25   wetlands.

202-26      (b) A prime contractor[, specialty contractor] or design

202-27  -build team with respect to a public work if the public body

202-28   determines that the public work is:

202-29        (1) Not part of a larger public work; and

202-30        (2) Limited in scope to:

202-31            (I) Removal of asbestos;

202-32            (II) Replacement of equipment or systems for

202-33   heating, ventilation and air-conditioning;

202-34            (III) Replacement of a roof;

202-35            (IV) Landscaping; or

202-36            (V) Restoration, enhancement or development of

202-37   wetlands.

202-38    5.  As used in this section, “state agency” includes an

202-39   agency, bureau, board, commission, department, division or

202-40   any other unit of the legislative department, judicial

202-41   department or executive department of state government or

202-42   the University and Community College System of Nevada.

202-43      Sec. 15.  1.  This section and sections 1 to 4, inclusive,

202-44   [7, 10, 13] 10 and 14 of this act become effective on July 1,

202-45   2001.

203-1     2.  Sections 5 [and] , 7, 11 and 13 of this act become

203-2  effective at 12:01 a.m. on July 1, 2001.

203-3     3.  Sections 8 and 14.5 of this act become effective at

203-4   12:02 a.m. on July 1, 2001.

203-5      [4.  Sections 13 and 14 of this act expire by limitation on

203-6   October 1, 2003.]

203-7     Sec. 75.  Sections 7 and 10 of chapter 453, Statutes of Nevada

203-8   2001, at pages 2285 and 2286, respectively, are hereby amended to

203-9   read respectively as follows:

203-10      Sec. 7.  NRS 284.140 is hereby amended to read as

203-11   follows:

203-12      284.140  The unclassified service of the state consists of

203-13   the following state officers or employees in the executive

203-14   department of the state government who receive annual

203-15   salaries for their service:

203-16    1.  Members of boards and commissions, and heads of

203-17   departments, agencies and institutions required by law to be

203-18   appointed.

203-19    2.  Except as otherwise provided in section 3 of this act

203-20   and NRS 223.085 and 223.570, all persons required by law

203-21   to be appointed by the governor or heads of departments or

203-22   agencies appointed by the governor or by boards.

203-23    3.  All employees other than clerical in the office of the

203-24   attorney general and the state public defender required by

203-25   law to be appointed by the attorney general or the state

203-26   public defender.

203-27    4.  Except as otherwise provided by the board of regents

203-28   of the University of Nevada pursuant to NRS 396.251,

203-29   officers and members of the teaching staff and the staffs of

203-30   the agricultural extension department and experiment station

203-31   of the University and Community College System of

203-32   Nevada, or any other state institution of learning, and student

203-33   employees of these institutions. Custodial, clerical or

203-34   maintenance employees of these institutions are in the

203-35   classified service. The board of regents of the University of

203-36   Nevada shall assist the director in carrying out the provisions

203-37   of this chapter applicable to the University and Community

203-38   College System of Nevada.

203-39    5.  All other officers and employees authorized by law to

203-40   be employed in the unclassified service.

203-41      Sec. 10.  1.  This section and sections 1 to 6, inclusive,

203-42   8 and 9 of this act [becomes] become effective on July 1,

203-43   2001.

203-44    2.  Section 7 of this act becomes effective at 12:01 a.m.

203-45   on July 1, 2001.

204-1     Sec. 76.  Sections 1, 6 and 8 of chapter 454, Statutes of Nevada

204-2  2001, at pages 2287, 2290 and 2291, respectively, are hereby

204-3   amended to read respectively as follows:

204-4      Section 1.  NRS 281.230 is hereby amended to read as

204-5   follows:

204-6      281.230  1.  Except as otherwise provided in this

204-7   section and NRS 218.605, the following persons shall not, in

204-8   any manner, directly or indirectly, receive any commission,

204-9   personal profit or compensation of any kind resulting from

204-10   any contract or other significant transaction in which the

204-11   employing state, county, municipality, township, district or

204-12   quasi-municipal corporation is in any way directly interested

204-13   or affected:

204-14      (a) State, county, municipal, district and township officers

204-15   of the State of Nevada;

204-16      (b) Deputies and employees of state, county, municipal,

204-17   district and township officers; and

204-18      (c) Officers and employees of quasi-municipal

204-19   corporations.

204-20    2.  A member of any board, commission or similar body

204-21   who is engaged in the profession, occupation or business

204-22   regulated by the board, commission or body may, in the

204-23   ordinary course of his business, bid on or enter into a

204-24   contract with any governmental agency, except the board or

204-25   commission of which he is a member, if he has not taken part

204-26   in developing the contract plans or specifications and he will

204-27   not be personally involved in opening, considering or

204-28   accepting offers.

204-29    3.  A full- or part-time faculty member or employee of

204-30   the University and Community College System of Nevada

204-31   may bid on or enter into a contract with a governmental

204-32   agency, or may benefit financially or otherwise from a

204-33   contract between a governmental agency and a private entity,

204-34   if the contract complies with the policies established by the

204-35   board of regents of the University of Nevada pursuant to

204-36   section 1 of [this act.] Senate Bill No. 543 of this session.

204-37    4.  A public officer or employee, other than an officer or

204-38   employee described in subsection 2 or 3, may bid on or enter

204-39   into a contract with a governmental agency if the contracting

204-40   process is controlled by rules of open competitive bidding,

204-41   the sources of supply are limited, he has not taken part in

204-42   developing the contract plans or specifications and he will

204-43   not be personally involved in opening, considering or

204-44   accepting offers.

204-45    5.  A person who violates any of the provisions of this

204-46   section shall be punished as provided in NRS 197.230 and:

205-1      (a) Where the commission, personal profit or

205-2  compensation is $250 or more, for a category D felony as

205-3   provided in NRS 193.130.

205-4      (b) Where the commission, personal profit or

205-5   compensation is less than $250, for a misdemeanor.

205-6     6.  A person who violates the provisions of this section

205-7   shall pay any commission, personal profit or compensation

205-8   resulting from the contract or transaction to the employing

205-9   state, county, municipality, township, district or quasi

205-10  -municipal corporation as restitution.

205-11      Sec. 6.  NRS 281.561 is hereby amended to read as

205-12   follows:

205-13      281.561  1.  Except as otherwise provided in subsection

205-14   2 or 3, if a candidate for public office or a public officer is

205-15   entitled to receive compensation for serving in the office in

205-16   question, he shall file with the commission, and with the

205-17   officer with whom declarations of candidacy for the office in

205-18   question are filed, a statement of financial disclosure, as

205-19   follows:

205-20      (a) A candidate for nomination, election or reelection to

205-21   public office shall file a statement of financial disclosure no

205-22   later than the 10th day after the last day to qualify as a

205-23   candidate for the office.

205-24      (b) A public officer appointed to fill the unexpired term of

205-25   an elected public officer shall file a statement of financial

205-26   disclosure within 30 days after his appointment.

205-27      (c) Every public officer, whether appointed or elected,

205-28   shall file a statement of financial disclosure on or before

205-29   March 31 of each year of the term, including the year the

205-30   term expires.

205-31      (d) A public officer who leaves office on a date other than

205-32   the expiration of his term or anniversary of his appointment

205-33   or election, shall file a statement of financial disclosure

205-34   within 60 days after leaving office.

205-35    2.  A statement filed pursuant to one of the paragraphs of

205-36   subsection 1 may be used to satisfy the requirements of

205-37   another paragraph of subsection 1 if the initial statement was

205-38   filed not more than 3 months before the other statement is

205-39   required to be filed. [The public officer shall notify the

205-40   commission in writing of his intention to use the previously

205-41   filed statement to fulfill the present requirement.]

205-42    3.  If a person is serving in a public office for which he is

205-43   required to file a statement pursuant to subsection 1, he may

205-44   use the statement he files for that initial office to satisfy the

205-45   requirements of subsection 1 for every other public office in

205-46   which he is also serving. [The person shall notify the

206-1  commission in writing of his intention to use the statement for

206-2  the initial office to fulfill the requirements of subsection 1 for

206-3   every other office.]

206-4     4.  A person may satisfy the requirements of subsection 1

206-5   by filing with the commission a copy of a statement of

206-6   financial disclosure that was filed pursuant to the

206-7   requirements of a specialized or local ethics committee if the

206-8   form of the statement has been approved by the commission.

206-9     5.  A candidate for judicial office or a judicial officer

206-10   shall file a statement of financial disclosure pursuant to the

206-11   requirements of Canon 4I of the Nevada Code of Judicial

206-12   Conduct. Such a statement of financial disclosure must

206-13   include, without limitation, all information required to be

206-14   included in a statement of financial disclosure pursuant to

206-15   NRS 281.571.

206-16      Sec. 8.  1.  This section and sections 1, 2 [and 4 to 7,

206-17   inclusive,] , 4, 5 and 7 of this act become effective on

206-18   October 1, 2001.

206-19    2.  [Section] Sections 3 and 6 of this act [becomes]

206-20   become effective at 12:01 a.m. on October 1, 2001.

206-21    Sec. 77.  Sections 12, 36, 37, 38, 40, 43, 45, 47, 53, 54 and 60

206-22   of chapter 456, Statutes of Nevada 2001, at pages 2306, 2319,

206-23   2320, 2323, 2324, 2327, 2333, 2336, 2337 and 2338, are hereby

206-24   amended to read respectively as follows:

206-25      Sec. 12.  NRS 350.004 is hereby amended to read as

206-26   follows:

206-27      350.004  1.  Before any proposal to incur a general

206-28   obligation debt or levy a special elective tax may be

206-29   submitted to the electors of a municipality, before any

206-30   issuance of general obligation bonds pursuant to subsection 4

206-31   of NRS 350.020 , before entering into an installment

206-32  -purchase agreement with a term of more than 10 years or ,

206-33   before any other formal action may be taken preliminary to

206-34   the incurrence of any general obligation debt, the proposed

206-35   incurrence or levy must receive the favorable vote of two

206-36  -thirds of the members of the commission of each county in

206-37   which the municipality is situated.

206-38    2.  Before the board of trustees of a district organized or

206-39   reorganized pursuant to chapter 318 of NRS whose

206-40   population within its boundaries is less than 5,000[,] incurs

206-41   a medium-term obligation or otherwise borrows money or

206-42   issues securities to evidence such borrowing, other than

206-43   securities representing a general obligation debt[,] or

206-44   installment-purchase agreements with a term of 10 years or

206-45   less, the proposed borrowing or issuing of securities must

207-1  receive the favorable vote of a majority of the members of the

207-2  commission of each county in which the district is situated.

207-3     3.  When any municipality other than a general

207-4   improvement district whose population within its boundaries

207-5   is less than 5,000[,] issues any special obligations, it shall so

207-6   notify in its annual report the commission of each county in

207-7   which any of its territory is situated.

207-8     4.  The commission shall not approve any proposal

207-9   submitted to it pursuant to this section by a municipality:

207-10      (a) Which, if the proposal is for the financing of a capital

207-11   improvement, is not included in its plan for capital

207-12   improvement submitted pursuant to NRS 350.0035, if such a

207-13   plan is required to be submitted;

207-14      (b) If, based upon:

207-15        (1) Estimates of the amount of tax revenue from

207-16   property taxes needed for the special elective tax, or to repay

207-17   the general obligation debt, and the dates that revenue will be

207-18   needed, as provided by the municipality;

207-19        (2) Estimates of the assessed valuation of the

207-20   municipality for each of the years in which tax revenue is

207-21   needed, as provided by the municipality;

207-22        (3) The amount of any other required levies of

207-23   property taxes, as shown on the most recently filed final

207-24   budgets of each entity authorized to levy property taxes on

207-25   any property within the municipality submitting the proposal;

207-26   and

207-27        (4) Any other factor the municipality discloses to the

207-28   commission,

207-29  the proposal would result in a combined property tax rate in

207-30   any of the overlapping entities within the county which

207-31   exceeds the limit provided in NRS 361.453, unless the

207-32   proposal also includes an agreement which complies with

207-33   NRS 361.457 and which is approved by the governing bodies

207-34   of all affected municipalities within the area as to how the

207-35   combined property tax rates will be brought into compliance

207-36   with the statutory limitation or unless the commission

207-37   adopts a plan that is approved by the executive director of

207-38   the department of taxation pursuant to which the combined

207-39   property tax rate will be in compliance with the statutory

207-40   limitation; or

207-41      (c) If, based upon the factors listed in subparagraphs (1)

207-42   to (4), inclusive, of paragraph (b), the proposal will affect the

207-43   ability of an affected governmental entity to levy the

207-44   maximum amount of property taxes that it may levy pursuant

207-45   to NRS 354.59811, unless:

208-1         (1) The proposal includes a resolution approving the

208-2  proposal pursuant to subsection 3 of section 3 of Senate Bill

208-3   No. 123 of this [act] session from each affected

208-4   governmental entity whose ability to levy property taxes will

208-5   be affected by the commission’s approval of the proposal; or

208-6         (2) The commission has resolved all conflicts between

208-7   the municipality and all affected governmental entities and

208-8   has approved the increase in property taxes resulting from

208-9   the proposal pursuant to section 3 of Senate Bill No. 123 of

208-10   this [act.] session.

208-11    5.  Except as otherwise provided in subsection 6, if

208-12   general obligation debt is to be incurred more than 36

208-13   months after the approval of that debt by the commission, the

208-14   governing body of the municipality shall obtain [the]

208-15   additional approval of the [executive director of the

208-16   department of taxation] commission before incurring the

208-17   general obligation debt. The [executive director] commission

208-18   shall only approve [the] a proposal that is submitted

208-19   pursuant to this subsection if, based on the information set

208-20   forth in paragraph (b) of subsection 4 that is accurate as of

208-21   the date on which the governing body submits , pursuant to

208-22   this subsection, its request for approval to the [executive

208-23   director:] commission:

208-24      (a) Incurrence of the general obligation debt will not

208-25   result in a combined property tax rate in any of the

208-26   overlapping entities within the county which exceeds the

208-27   limit provided in NRS 361.453; [or]

208-28      (b) The proposal includes an agreement approved by the

208-29   governing bodies of all affected municipalities within the

208-30   area as to how the combined tax rates will be brought into

208-31   compliance with the statutory limitation[.] ; or

208-32      (c) The commission adopts a plan that is approved by

208-33   the executive director of the department of taxation

208-34   pursuant to which the combined property tax rate will be in

208-35   compliance with the statutory limitation.

208-36  The approval of the [executive director] commission

208-37   pursuant to this subsection is effective for 18 months. The

208-38   governing body of the municipality may renew that approval

208-39   for successive periods of 18 months by filing an application

208-40   for renewal with the [executive director.] commission. Such

208-41   an application must be accompanied by the information set

208-42   forth in paragraph (b) of subsection 4 that is accurate as of

208-43   the date the governing body files the application for renewal.

208-44    6.  The [executive director of the department of taxation]

208-45   commission may not approve a proposal pursuant to

208-46   subsection 5 which, based upon the factors listed in

209-1  subparagraphs (1) to (4), inclusive, of paragraph (b) of

209-2  subsection 4, will affect the ability of an affected

209-3   governmental entity to levy the maximum amount of

209-4   property taxes that it may levy pursuant to NRS 354.59811,

209-5   unless:

209-6      (a) The proposal includes a resolution approving the

209-7   proposal pursuant to subsection 3 of section 3 of Senate Bill

209-8   No. 123 of this [act] session from each affected

209-9   governmental entity whose ability to levy property taxes will

209-10   be affected by the commission’s approval of the proposal; or

209-11      (b) The commission has resolved all conflicts between the

209-12   municipality and all affected governmental entities and has

209-13   approved the increase in property taxes resulting from the

209-14   proposal pursuant to section 3 of Senate Bill No. 123 of this

209-15   [act.

209-16    7.  If the executive director does not approve a proposal

209-17   submitted to him pursuant to subsection 5, the governing

209-18   body of the municipality may appeal his decision to the

209-19   Nevada tax commission.

209-20      8.] session.

209-21    7.  As used in this section, “affected governmental

209-22   entity” has the meaning ascribed to it in subsection 9 of

209-23   section 3 of Senate Bill No. 123 of this [act.] session.

209-24      Sec. 36.  NRS 354.598 is hereby amended to read as

209-25   follows:

209-26      354.598  1.  At the time and place advertised for public

209-27   hearing, or at any time and place to which the public hearing

209-28   is from time to time adjourned, the governing body shall hold

209-29   a public hearing on the tentative budget, at which time

209-30   interested persons must be given an opportunity to be heard.

209-31    2.  At the public hearing, the governing body shall

209-32   indicate changes, if any, to be made in the tentative budget,

209-33   and shall adopt a final budget by the favorable votes of a

209-34   majority of all members of the governing body. Except as

209-35   otherwise provided in this subsection, the final budget must

209-36   be adopted on or before June 1 of each year. The final

209-37   budgets of school districts must be adopted on or before

209-38  June 8 of each year and must be accompanied by copies of

209-39   the written report and written procedure prepared pursuant to

209-40   subsection 3 of NRS 385.351. Should the governing body

209-41   fail to adopt a final budget that complies with the

209-42   requirements of law and the regulations of the [department of

209-43   taxation] committee on local government finance on or

209-44   before the required date, the budget adopted and used for

209-45   certification of the combined ad valorem tax rate by the

209-46   department of taxation for the current year, adjusted as to

209-47   content and rate in such a manner as the department of

209-48   taxation may consider

210-1  necessary, automatically becomes the budget for the ensuing

210-2  fiscal year. When a budget has been so adopted by default,

210-3   the governing body may not reconsider the budget without

210-4   the express approval of the department of taxation. If the

210-5   default budget creates a combined ad valorem tax rate in

210-6   excess of the limit imposed by NRS 361.453, the Nevada tax

210-7   commission shall adjust the budget as provided in NRS

210-8   361.4547 or 361.455.

210-9     3.  The final budget must be certified by a majority of all

210-10   members of the governing body and a copy of it, together

210-11   with an affidavit of proof of publication of the notice of the

210-12   public hearing, must be transmitted to the Nevada tax

210-13   commission. If a tentative budget is adopted by default as

210-14   provided in subsection 2, the clerk of the governing body

210-15   shall certify the budget and transmit to the Nevada tax

210-16   commission a copy of the budget, together with an affidavit

210-17   of proof of the notice of the public hearing, if that notice was

210-18   published. Certified copies of the final budget must be

210-19   distributed as determined by the department of taxation.

210-20    4.  Upon the adoption of the final budget or the

210-21   amendment of the budget in accordance with section 5 of

210-22   [this act,] Senate Bill No. 317 of this session, the several

210-23   amounts stated in it as proposed expenditures are

210-24   appropriated for the purposes indicated in the budget.

210-25    5.  No governing body may adopt any budget which

210-26   appropriates for any fund any amount in excess of the budget

210-27   resources of that fund.

210-28    6.  If a local government makes a change in its final

210-29   budget which increases the combined ad valorem tax rate,

210-30   the local government shall submit the amended final budget

210-31   to the county auditor within 15 days after making the change.

210-32      Sec. 37.  NRS 354.59811 is hereby amended to read as

210-33   follows:

210-34      354.59811  1.  Except as otherwise provided in NRS

210-35   354.59813, 354.59815, 354.5982, 354.5987, 354.705,

210-36   354.723, 450.425, 450.760, 540A.265 and 543.600, and

210-37   section 4 of Senate Bill No. 203 of this session, for each

210-38   fiscal year beginning on or after July 1, 1989, the maximum

210-39   amount of money that a local government, except a school

210-40   district, a district to provide a telephone number for

210-41   emergencies[,] or a redevelopment agency, may receive

210-42   from taxes ad valorem, other than those attributable to the net

210-43   proceeds of minerals or those levied for the payment of

210-44   bonded indebtedness and interest thereon incurred as general

210-45   long-term debt of the issuer, or for the payment of

210-46   obligations issued to pay the cost of a water project pursuant

210-47   to NRS 349.950, or for the

211-1  payment of obligations under a capital lease executed before

211-2  April 30, 1981, must be calculated as follows:

211-3      (a) The rate must be set so that when applied to the

211-4   current fiscal year’s assessed valuation of all property which

211-5   was on the preceding fiscal year’s assessment roll, together

211-6   with the assessed valuation of property on the central

211-7   assessment roll which was allocated to the local government,

211-8   but excluding any assessed valuation attributable to the net

211-9   proceeds of minerals, assessed valuation attributable to a

211-10   redevelopment area and assessed valuation of a fire

211-11   protection district attributable to real property which is

211-12   transferred from private ownership to public ownership for

211-13   the purpose of conservation, it will produce 106 percent of

211-14   the maximum revenue allowable from taxes ad valorem for

211-15   the preceding fiscal year, except that the rate so determined

211-16   must not be less than the rate allowed for the previous fiscal

211-17   year, except for any decrease attributable to the imposition of

211-18   a tax pursuant to NRS 354.59813 in the previous year.

211-19      (b) This rate must then be applied to the total assessed

211-20   valuation, excluding the assessed valuation attributable to the

211-21   net proceeds of minerals and the assessed valuation of a fire

211-22   protection district attributable to real property which is

211-23   transferred from private ownership to public ownership for

211-24   the purpose of conservation , but including new real

211-25   property, possessory interests and mobile homes, for the

211-26   current fiscal year to determine the allowed revenue from

211-27   taxes ad valorem for the local government.

211-28    2.  As used in this section, “general long-term debt” does

211-29   not include debt created for medium-term obligations

211-30   pursuant to NRS [350.085] 350.087 to 350.095, inclusive.

211-31      Sec. 38.  NRS 354.59817 is hereby amended to read as

211-32   follows:

211-33      354.59817  1.  In addition to the allowed revenue from

211-34   taxes ad valorem determined pursuant to NRS 354.59811,

211-35   upon the approval of a majority of the registered voters of a

211-36   county voting upon the question, the board of county

211-37   commissioners may levy a tax ad valorem on all taxable

211-38   property in the county at a rate not to exceed 15 cents per

211-39   $100 of the assessed valuation of the county. A tax must not

211-40   be levied pursuant to this section for more than 10 years.

211-41    2.  The board of county commissioners shall direct the

211-42   county treasurer to distribute quarterly the proceeds of any

211-43   tax levied pursuant to the provisions of this section among

211-44   the county and the cities and towns within that county in the

211-45   proportion that the supplemental city-county relief tax

211-46   distribution factor of each of those local governments for the

212-1  1990-1991 fiscal year bears to the sum of the supplemental

212-2  city-county relief tax distribution factors of all the local

212-3   governments in the county for the 1990-1991 fiscal year.

212-4     3.  The board of county commissioners shall not reduce

212-5   the rate of any tax levied pursuant to the provisions of this

212-6   section without the approval of each of the local

212-7   governments that receives a portion of the tax, except that, if

212-8   a local government declines to receive its portion of the tax

212-9   in a particular year the levy may be reduced by the amount

212-10   that local government would have received.

212-11    4.  The governing body of each local government that

212-12   receives a portion of the revenue from the tax levied pursuant

212-13   to this section shall establish a separate capital projects fund

212-14   for the purposes set forth in this section. All interest and

212-15   income earned on the money in the fund must also be

212-16   deposited in the fund. The money in the fund may only be

212-17   used for:

212-18      (a) The purchase of capital assets including land,

212-19   improvements to land and major items of equipment;

212-20      (b) The construction or replacement of public works; and

212-21      (c) The renovation of existing governmental facilities, not

212-22   including normal recurring maintenance.

212-23  The money in the fund must not be used to finance the

212-24   issuance or the repayment of bonds or other obligations,

212-25   including medium-term obligations[.] and installment

212-26  -purchase agreements.

212-27    5.  Money may be retained in the fund for not more than

212-28   10 years to allow the funding of projects without the issuance

212-29   of bonds or other obligations. For the purpose of determining

212-30   the length of time a deposit of money has been retained in

212-31   the fund, all money withdrawn from the fund shall be

212-32   deemed to be taken on a first-in, first-out basis. No money in

212-33   the fund at the end of the fiscal year may revert to any other

212-34   fund, nor may the money be a surplus for any other purpose

212-35   than those specified in this section.

212-36    6.  The annual budget and audit report of each local

212-37   government must specifically identify this fund and must

212-38   indicate in detail the projects that have been funded with

212-39   money from the fund. Any planned accumulation of the

212-40   money in the fund must also be specifically identified.

212-41    7.  The projects on which money raised pursuant to this

212-42   section will be expended must be approved by the voters in

212-43   the question submitted pursuant to subsection 1 or in a

212-44   separate question submitted on the ballot at a [primary,]

212-45   general or special election.

213-1      Sec. 40.  NRS 354.6105 is hereby amended to read as

213-2  follows:

213-3      354.6105  1.  A local government may establish a fund

213-4   for the extraordinary maintenance, repair or improvement of

213-5   capital projects.

213-6     2.  Any interest and income earned on the money in the

213-7   fund in excess of any amount which is reserved for rebate

213-8   payments to the Federal Government pursuant to 26 U.S.C. §

213-9   148, as amended, or is otherwise required to be applied in a

213-10   specific manner by the Internal Revenue Code of 1986, as

213-11   amended, must be credited to the fund.

213-12    3.  [The] Except as otherwise provided in NRS

213-13   374A.020, the money in the fund may be used only for the

213-14   extraordinary maintenance, repair or improvement of [the]

213-15   capital projects or facilities [which] that replace capital

213-16   projects of the [local government] entity that made the

213-17   deposits [into] in the fund. The money in the fund at the end

213-18   of the fiscal year may not revert to any other fund or be a

213-19   surplus for any purpose other than the purpose specified in

213-20   this subsection.

213-21    4.  As used in this section, “extraordinary maintenance,

213-22   repair or improvement” means all expenses ordinarily

213-23   incurred not more than once every 5 years to maintain a

213-24   local governmental facility or capital project in a fit

213-25   operating condition.

213-26      Sec. 43.  NRS 354.626 is hereby amended to read as

213-27   follows:

213-28      354.626  1.  No governing body or member thereof,

213-29   officer, office, department or agency may, during any fiscal

213-30   year, expend or contract to expend any money or incur any

213-31   liability, or enter into any contract which by its terms

213-32   involves the expenditure of money, in excess of the amounts

213-33   appropriated for that function, other than bond repayments,

213-34   medium-term obligation repayments, and any other long

213-35  -term contract expressly authorized by law. Any officer or

213-36   employee of a local government who willfully violates NRS

213-37   354.470 to 354.626, inclusive, is guilty of a misdemeanor,

213-38   and upon conviction thereof ceases to hold his office or

213-39   employment. Prosecution for any violation of this section

213-40   may be conducted by the attorney general, or, in the case of

213-41   incorporated cities, school districts or special districts, by the

213-42   district attorney.

213-43    2.  Without limiting the generality of the exceptions

213-44   contained in subsection 1, the provisions of this section

213-45   specifically do not apply to:

214-1      (a) Purchase of coverage and professional services

214-2  directly related to a program of insurance which require an

214-3   audit at the end of the term thereof.

214-4      (b) Long-term cooperative agreements as authorized by

214-5   chapter 277 of NRS.

214-6      (c) Long-term contracts in connection with planning and

214-7   zoning as authorized by NRS 278.010 to 278.630, inclusive.

214-8      (d) Long-term contracts for the purchase of utility service

214-9   such as, but not limited to, heat, light, sewerage, power,

214-10   water and telephone service.

214-11      (e) Contracts between a local government and an

214-12   employee covering professional services to be performed

214-13   within 24 months following the date of such contract or

214-14   contracts entered into between local government employers

214-15   and employee organizations.

214-16      (f) Contracts between a local government and any person

214-17   for the construction or completion of public works, money

214-18   for which has been or will be provided by the proceeds of a

214-19   sale of bonds , [or] medium-term obligations or an

214-20   installment-purchase agreement and that are entered into by

214-21   the local government after:

214-22        (1) Any election required for the approval of the bonds

214-23   or installment-purchase agreement has been held;

214-24        (2) Any approvals by any other governmental entity

214-25   required to be obtained before the bonds , [or] medium-term

214-26   obligations or installment-purchase agreement can be

214-27   issued have been obtained; and

214-28        (3) The ordinance or resolution that specifies each of

214-29   the terms of the bonds , [or] medium-term obligations[,] or

214-30   installment-purchase agreement, except those terms that are

214-31   set forth in paragraphs (a) to (e), inclusive, of subsection 2 of

214-32   NRS 350.165, has been adopted.

214-33  Neither the fund balance of a governmental fund nor the

214-34   equity balance in any proprietary fund may be used unless

214-35   appropriated in a manner provided by law.

214-36      (g) Contracts which are entered into by a local

214-37   government and delivered to any person solely for the

214-38   purpose of acquiring supplies, services[,] and equipment

214-39   necessarily ordered in the current fiscal year for use in an

214-40   ensuing fiscal year, and which, under the method of

214-41   accounting adopted by the local government, will be charged

214-42   against an appropriation of a subsequent fiscal year. Purchase

214-43   orders evidencing such contracts are public records available

214-44   for inspection by any person on demand.

215-1      (h) Long-term contracts for the furnishing of television or

215-2  FM radio broadcast translator signals as authorized by

215-3  NRS 269.127.

215-4      (i) The receipt and proper expenditure of money received

215-5   pursuant to a grant awarded by an agency of the Federal

215-6   Government.

215-7      (j) The incurrence of obligations beyond the current fiscal

215-8   year under a lease or contract for installment purchase which

215-9   contains a provision that the obligation incurred thereby is

215-10   extinguished by the failure of the governing body to

215-11   appropriate money for the ensuing fiscal year for the

215-12   payment of the amounts then due.

215-13      Sec. 45.  NRS 355.170 is hereby amended to read as

215-14   follows:

215-15      355.170  1.  Except as otherwise provided in this

215-16   section, NRS 354.750 and section 1 of Assembly Bill No. 96

215-17   of this session, a board of county commissioners, a board of

215-18   trustees of a county school district or the governing body of

215-19   an incorporated city may purchase for investment the

215-20   following securities and no others:

215-21      (a) Bonds and debentures of the United States, the

215-22   maturity dates of which do not extend more than 10 years

215-23   after the date of purchase.

215-24      (b) Farm loan bonds, consolidated farm loan bonds,

215-25   debentures, consolidated debentures and other obligations

215-26   issued by federal land banks and federal intermediate credit

215-27   banks under the authority of the Federal Farm Loan Act,

215-28   formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to

215-29   1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C.

215-30   §§ 2001 to 2259, inclusive, and bonds, debentures,

215-31   consolidated debentures and other obligations issued by

215-32   banks for cooperatives under the authority of the Farm Credit

215-33   Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive,

215-34   and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259,

215-35   inclusive.

215-36      (c) Bills and notes of the United States Treasury, the

215-37   maturity date of which is not more than 10 years after the

215-38   date of purchase.

215-39      (d) Obligations of an agency or instrumentality of the

215-40   United States of America or a corporation sponsored by the

215-41   government, the maturity date of which is not more than 10

215-42   years after the date of purchase.

215-43      (e) Negotiable certificates of deposit issued by

215-44   commercial banks, insured credit unions or savings and loan

215-45   associations.

216-1      (f) Securities which have been expressly authorized as

216-2  investments for local governments or agencies, as defined in

216-3   NRS 354.474, by any provision of Nevada Revised Statutes

216-4   or by any special law.

216-5      (g) Nonnegotiable certificates of deposit issued by

216-6   insured commercial banks, insured credit unions or insured

216-7   savings and loan associations, except certificates that are not

216-8   within the limits of insurance provided by an instrumentality

216-9   of the United States, unless those certificates are

216-10   collateralized in the same manner as is required for uninsured

216-11   deposits by a county treasurer pursuant to NRS 356.133. For

216-12   the purposes of this paragraph, any reference in NRS

216-13   356.133 to a “county treasurer” or “board of county

216-14   commissioners” shall be deemed to refer to the appropriate

216-15   financial officer or governing body of the county, school

216-16   district or city purchasing the certificates.

216-17      (h) Subject to the limitations contained in NRS 355.177,

216-18   negotiable notes or [short-time negotiable bonds] medium

216-19  -term obligations issued by local governments of the State of

216-20   Nevada pursuant to NRS [350.091.] 350.087 to 350.095,

216-21   inclusive.

216-22      (i) Bankers’ acceptances of the kind and maturities made

216-23   eligible by law for rediscount with Federal Reserve Banks,

216-24   and generally accepted by banks or trust companies which

216-25   are members of the Federal Reserve System. Eligible

216-26   bankers’ acceptances may not exceed 180 days’ maturity.

216-27   Purchases of bankers’ acceptances may not exceed 20

216-28   percent of the money available to a local government for

216-29   investment as determined on the date of purchase.

216-30      (j) Obligations of state and local governments if:

216-31        (1) The interest on the obligation is exempt from gross

216-32   income for federal income tax purposes; and

216-33        (2) The obligation has been rated “A” or higher by one

216-34   or more nationally recognized bond credit rating agencies.

216-35      (k) Commercial paper issued by a corporation organized

216-36   and operating in the United States or by a depository

216-37   institution licensed by the United States or any state and

216-38   operating in the United States that:

216-39        (1) Is purchased from a registered broker-dealer;

216-40        (2) At the time of purchase has a remaining term to

216-41   maturity of no more than 270 days; and

216-42        (3) Is rated by a nationally recognized rating service as

216-43   “A-1,” “P-1” or its equivalent, or better,

216-44  except that investments pursuant to this paragraph may not, in

216-45   aggregate value, exceed 20 percent of the total portfolio as

216-46   determined on the date of purchase, and if the rating of an

217-1  obligation is reduced to a level that does not meet the

217-2  requirements of this paragraph, it must be sold as soon as

217-3   possible.

217-4      (l) Money market mutual funds which:

217-5         (1) Are registered with the Securities and Exchange

217-6   Commission;

217-7         (2) Are rated by a nationally recognized rating service

217-8   as “AAA” or its equivalent; and

217-9         (3) Invest only in:

217-10            (I) Securities issued by the Federal Government or

217-11   agencies of the Federal Government;

217-12            (II) Master notes, bank notes or other short-term

217-13   commercial paper rated by a nationally recognized rating

217-14   service as “A-1,” “P-1” or its equivalent, or better, issued by

217-15   a corporation organized and operating in the United States or

217-16   by a depository institution licensed by the United States or

217-17   any state and operating in the United States; or

217-18            (III) Repurchase agreements that are fully

217-19   collateralized by the obligations described in sub

217-20  -subparagraphs (I) and (II).

217-21      (m) Obligations of the Federal Agricultural Mortgage

217-22   Corporation.

217-23    2.  Repurchase agreements are proper and lawful

217-24   investments of money of a board of county commissioners, a

217-25   board of trustees of a county school district or a governing

217-26   body of an incorporated city for the purchase or sale of

217-27   securities which are negotiable and of the types listed in

217-28   subsection 1 if made in accordance with the following

217-29   conditions:

217-30      (a) The board of county commissioners, the board of

217-31   trustees of the school district or the governing body of the

217-32   city shall designate in advance and thereafter maintain a list

217-33   of qualified counterparties which:

217-34        (1) Regularly provide audited and, if available,

217-35   unaudited financial statements;

217-36        (2) The board of county commissioners, the board of

217-37   trustees of the school district or the governing body of the

217-38   city has determined to have adequate capitalization and

217-39   earnings and appropriate assets to be highly [credit worthy;]

217-40   creditworthy; and

217-41        (3) Have executed a written master repurchase

217-42   agreement in a form satisfactory to the board of county

217-43   commissioners, the board of trustees of the school district or

217-44   the governing body of the city pursuant to which all

217-45   repurchase agreements are entered into. The master

217-46   repurchase agreement must require the prompt delivery to

217-47   the

218-1  board of county commissioners, the board of trustees of the

218-2  school district or the governing body of the city and the

218-3   appointed custodian of written confirmations of all

218-4   transactions conducted thereunder, and must be developed

218-5   giving consideration to the Federal Bankruptcy Act.

218-6      (b) In all repurchase agreements:

218-7         (1) At or before the time money to pay the purchase

218-8   price is transferred, title to the purchased securities must be

218-9   recorded in the name of the appointed custodian, or the

218-10   purchased securities must be delivered with all appropriate,

218-11   executed transfer instruments by physical delivery to the

218-12   custodian;

218-13        (2) The board of county commissioners, the board of

218-14   trustees of the school district or the governing body of the

218-15   city must enter a written contract with the custodian

218-16   appointed pursuant to subparagraph (1) which requires the

218-17   custodian to:

218-18            (I) Disburse cash for repurchase agreements only

218-19   upon receipt of the underlying securities;

218-20            (II) Notify the board of county commissioners, the

218-21   board of trustees of the school district or the governing body

218-22   of the city when the securities are marked to the market if the

218-23   required margin on the agreement is not maintained;

218-24            (III) Hold the securities separate from the assets of

218-25   the custodian; and

218-26            (IV) Report periodically to the board of county

218-27   commissioners, the board of trustees of the school district or

218-28   the governing body of the city concerning the market value

218-29   of the securities;

218-30        (3) The market value of the purchased securities must

218-31   exceed 102 percent of the repurchase price to be paid by the

218-32   counterparty and the value of the purchased securities must

218-33   be marked to the market weekly;

218-34        (4) The date on which the securities are to be

218-35   repurchased must not be more than 90 days after the date of

218-36   purchase; and

218-37        (5) The purchased securities must not have a term to

218-38   maturity at the time of purchase in excess of 10 years.

218-39    3.  The securities described in paragraphs (a), (b) and (c)

218-40   of subsection 1 and the repurchase agreements described in

218-41   subsection 2 may be purchased when, in the opinion of the

218-42   board of county commissioners, the board of trustees of a

218-43   county school district or the governing body of the city, there

218-44   is sufficient money in any fund of the county, the school

218-45   district or city to purchase those securities and the purchase

219-1  will not result in the impairment of the fund for the purposes

219-2  for which it was created.

219-3     4.  When the board of county commissioners, the board

219-4   of trustees of a county school district or the governing body

219-5   of the city has determined that there is available money in

219-6   any fund or funds for the purchase of bonds as set out in

219-7   subsection 1 or 2, those purchases may be made and the

219-8   bonds paid for out of any one or more of the funds, but the

219-9   bonds must be credited to the funds in the amounts

219-10   purchased, and the money received from the redemption of

219-11   the bonds, as and when redeemed, must go back into the fund

219-12   or funds from which the purchase money was taken

219-13   originally.

219-14    5.  Any interest earned on money invested pursuant to

219-15   subsection 3, may, at the discretion of the board of county

219-16   commissioners, the board of trustees of a county school

219-17   district or the governing body of the city, be credited to the

219-18   fund from which the principal was taken or to the general

219-19   fund of the county, school district or incorporated city.

219-20    6.  The board of county commissioners, the board of

219-21   trustees of a county school district or the governing body of

219-22   an incorporated city may invest any money apportioned into

219-23   funds and not invested pursuant to subsection 3 and any

219-24   money not apportioned into funds in bills and notes of the

219-25   United States Treasury, the maturity date of which is not

219-26   more than 1 year after the date of investment. These

219-27   investments must be considered as cash for accounting

219-28   purposes, and all the interest earned on them must be

219-29   credited to the general fund of the county, school district or

219-30   incorporated city.

219-31    7.  This section does not authorize the investment of

219-32   money administered pursuant to a contract, debenture

219-33   agreement or grant in a manner not authorized by the terms

219-34   of the contract, agreement or grant.

219-35    8.  As used in this section:

219-36      (a) “Counterparty” means a bank organized and operating

219-37   or licensed to operate in the United States pursuant to federal

219-38   or state law or a securities dealer which is:

219-39        (1) A registered broker-dealer;

219-40        (2) Designated by the Federal Reserve Bank of New

219-41   York as a “primary” dealer in United States government

219-42   securities; and

219-43        (3) In full compliance with all applicable capital

219-44   requirements.

219-45      (b) “Repurchase agreement” means a purchase of

219-46   securities by a board of county commissioners, the board

 

220-1  of trustees of a county school district or the governing body

220-2  of an incorporated city from a counterparty which commits to

220-3   repurchase those securities or securities of the same issuer,

220-4   description, issue date and maturity on or before a specified

220-5   date for a specified price.

220-6      Sec. 47.  NRS 374A.020 is hereby amended to read as

220-7   follows:

220-8      374A.020  1.  The collection of the tax imposed by NRS

220-9   374A.010 must be commenced on the first day of the first

220-10   calendar quarter that begins at least 30 days after the last

220-11   condition in subsection 1 of NRS 374A.010 is met.

220-12    2.  The tax must be administered, collected and

220-13   distributed in the manner set forth in chapter 374 of NRS.

220-14    3.  The board of trustees of the school district shall

220-15   transfer the proceeds of the tax imposed by NRS 374A.010

220-16   from the county school district fund to the fund described in

220-17   NRS 354.6105[, if the fund has been] which must be

220-18   established by the board of trustees. [Any] The money

220-19   deposited in the fund described in NRS 354.6105 pursuant to

220-20   this subsection must be accounted for separately in that fund

220-21   and must only be expended by the board of trustees for the

220-22   cost of the extraordinary maintenance, extraordinary repair

220-23   and extraordinary improvement of school facilities within the

220-24   county.

220-25      Sec. 53.  NRS 555.215 is hereby amended to read as

220-26   follows:

220-27      555.215  1.  Upon the preparation and approval of a

220-28   budget in the manner required by the Local Government

220-29   Budget and Finance Act, the board of county commissioners

220-30   of each county having lands situated in the district shall, by

220-31   resolution, levy an assessment upon all real property in the

220-32   county which is in the weed control district.

220-33    2.  Every assessment so levied is a lien against the

220-34   property assessed.

220-35    3.  Amounts collected in counties other than the county

220-36   having the larger or largest proportion of the area of the

220-37   district must be paid over to the board of county

220-38   commissioners of that county for the use of the district.

220-39    4.  The county commissioners of that county may obtain

220-40   medium-term obligations pursuant to NRS [350.085]

220-41   350.087 to 350.095, inclusive, of an amount of money not to

220-42   exceed the total amount of the assessment, to pay the

220-43   expenses of controlling the weeds in the weed control

220-44   district. The loans may be made only after the assessments

220-45   are levied.

 

221-1      Sec. 54.  Section 12 of chapter 227, Statutes of Nevada

221-2  1975, as last amended by chapter [351,] 374, Statutes of

221-3   Nevada [1997,] 2001, at page [1280,] 1828, is hereby

221-4   amended to read as follows:

221-5      Sec. 12.  1.  The provisions of the Local

221-6   Government Budget and Finance Act, NRS 354.470 to

221-7   354.626, inclusive, as now and hereafter amended, apply

221-8   to the Authority as a local government, and the Authority

221-9   shall, for purposes of that application, be deemed a

221-10   district other than a school district.

221-11      2.  The provisions of NRS [350.085] 350.087 to

221-12   350.095, inclusive, apply to the Authority.

221-13      Sec. 60.  1.  This section[,] and sections 48 and 59.5 of

221-14   this act become effective upon passage and approval.

221-15    2.  Sections 1 to 22, inclusive, 24 to [36, inclusive, 38, 40

221-16   to 43, inclusive, 46, 47 and] 35, inclusive, 41, 42, 46, 49 to

221-17   [59,] 52, inclusive, and 55 to 59, inclusive, of this act

221-18   become effective on July 1, 2001.

221-19    3.  Sections [37,] 36, 38, 39, 40, 43, 44 [and 45] , 47, 53

221-20   and 54 of this act become effective at 12:01 a.m. on July 1,

221-21   2001.

221-22    4.  [Section] Sections 23 , 37 and 45 of this act

221-23   [becomes] become effective at 12:02 a.m. on July 1, 2001.

221-24    5.  Section 48 of this act expires by limitation on July 1,

221-25   2003.

221-26    Sec. 78.  Sections 3 and 12 of chapter 494, Statutes of Nevada

221-27   2001, at pages 2409 and 2415, respectively, are hereby amended to

221-28   read respectively as follows:

221-29      Sec. 3.  1.  There is hereby created a construction

221-30   education account as a separate account within the state

221-31   general fund.

221-32    2.  Money deposited in the account must be used:

221-33      (a) Solely for the purposes of construction education

221-34   and to pay the costs of the commission on construction

221-35   education as described in accordance with subsection 3;

221-36   and

221-37      (b) In addition to any other money provided for

221-38   construction education from any other source.

221-39    3.  The commission on construction education shall

221-40   administer the construction education account and shall

221-41   disburse the money in the account as follows:

221-42      (a) At least 95 percent of the money deposited in the

221-43   account must be used to fund programs of education which

221-44   relate to building construction and which the commission

221-45   on construction education determines qualify for grants;

221-46   and

222-1      (b) Not more than 5 percent of the money deposited in

222-2  the account may be reserved for operating expenses

222-3   incurred by the commission on construction education

222-4   pursuant to this section.

222-5     4.  The unexpended and unencumbered balance, if any,

222-6   remaining in the construction education account at the end

222-7   of each fiscal year, must remain in the account.

222-8      Sec. 12.  1.  This section and sections 1 to 9, inclusive,

222-9   and 11 of this act [becomes] become effective on July 1,

222-10   2001.

222-11    2.  Section 10 of this act becomes effective at 12:01 a.m.

222-12   on July 1, 2001.

222-13    Sec. 79.  1.  Sections 2, 6 and 59 of chapter 507, Statutes of

222-14   Nevada 2001, at pages 2424 and 2439, are hereby amended to read

222-15   respectively as follows:

222-16      Sec. 2.  As used in this chapter, unless the context

222-17   otherwise requires, the words and terms defined in NRS

222-18   584.620 and section 2.5 of this act have the meanings

222-19   ascribed to them in those sections.

222-20      Sec. 6.  1.  The commission may enter into contracts

222-21   with any person to assist it in carrying out the duties of the

222-22   commission by performing any duty imposed on the

222-23   commission pursuant to this chapter.

222-24    2.  As used in this section, “person” includes a

222-25   government, a governmental agency and a political

222-26   subdivision of a government.

222-27      Sec. 59.  1.  This section becomes effective upon

222-28   passage and approval.

222-29    2.  Sections 1 to [47,] 47.5, inclusive, and 51 to 58,

222-30   inclusive, of this act become effective upon passage and

222-31   approval for the purpose of adopting regulations and

222-32   conducting any preliminary activities necessary to carry out

222-33   the provisions of this act in a timely manner, and on

222-34  January 1, 2002, for all other purposes.

222-35    3.  Sections 48, 49, and 50 of this act become effective

222-36   on July 1, 2001.

222-37    4.  Sections 26 and 27 of this act expire by limitation on

222-38   the date on which the provisions of 42 U.S.C. § 666

222-39   requiring each state to establish procedures under which

222-40   the state has authority to withhold or suspend, or to restrict

222-41   the use of professional, occupational and recreational

222-42   licenses of persons who:

222-43      (a) Have failed to comply with a subpoena or warrant

222-44   relating to a procedure to determine the paternity of a child

222-45   or to establish or enforce an obligation for the support of a

222-46   child; or

223-1      (b) Are in arrears in the payment for the support of one

223-2  or more children,

223-3  are repealed by the Congress of the United States.

223-4     2.  Chapter 507, Statutes of Nevada 2001, at page 2424, is

223-5   hereby amended by adding thereto a new section to be designated

223-6   as section 2.5, immediately following section 2, to read as follows:

223-7      Sec. 2.5.  “Commission” means the state dairy

223-8   commission created pursuant to NRS 584.420.

223-9     3.  Chapter 507, Statutes of Nevada 2001, at page 2436, is

223-10   hereby amended by adding thereto new sections to be designated as

223-11   sections 45.3 and 45.7, immediately following section 45, to read

223-12   respectively as follows:

223-13      Sec. 45.3.  NRS 584.525 is hereby amended to read as

223-14   follows:

223-15      584.525  A full and accurate record of business or acts

223-16   performed or of testimony taken by the commission in

223-17   pursuance of the provisions of [NRS 584.325 to 584.690,

223-18   inclusive, shall] this chapter must be kept and placed on file

223-19   in the office of the commission.

223-20      Sec. 45.7.  NRS 584.535 is hereby amended to read as

223-21   follows:

223-22      584.535  1.  The commission may bring an action to

223-23   enjoin the violation or threatened violation of any provisions

223-24   of [NRS 584.325 to 584.690, inclusive,] this chapter or of

223-25   any order made pursuant to [NRS 584.325 to 584.690,

223-26   inclusive,] this chapter in the district court in the county in

223-27   which such violation occurs or is about to occur.

223-28    2.  There may be enjoined in one proceeding any number

223-29   of defendants alleged to be violating the same provisions or

223-30   orders, although their properties, interests, residence or place

223-31   of business may be in several counties and the violations

223-32   separate and distinct.

223-33    4.  Chapter 507, Statutes of Nevada 2001, at page 2436, is

223-34   hereby amended by adding thereto a new section to be designated

223-35   as section 47.5, immediately following section 47, to read as

223-36   follows:

223-37      Sec. 47.5.  NRS 584.620 is hereby amended to read as

223-38   follows:

223-39      584.620  [For the purposes of NRS 584.595 to 584.645,

223-40   inclusive, a milk plant shall be] “Milk plant” means any

223-41   place, structure or building where a distributor receives fluid

223-42   milk or fluid cream and weighs or tests or standardizes or

223-43   pasteurizes or homogenizes or separates or bottles or

223-44   packages such fluid milk or fluid cream . [, except that the

223-45   provisions hereof shall not apply to] The term does not

223-46   include a place or structure or building used for the purpose

223-47   of receiving, weighing or testing fluid milk or fluid cream

224-1  which is to be diverted or delivered to the milk plant of the

224-2  distributor receiving fluid milk or fluid cream, which milk

224-3   plant is licensed and bonded under the provisions of NRS

224-4   584.595 to 584.645, inclusive.

224-5     Sec. 80.  Sections 16, 17 and 19 of chapter 509, Statutes of

224-6   Nevada 2001, at pages 2458 and 2460, are hereby amended to read

224-7   respectively as follows:

224-8      Sec. 16.  NRS 617.225 is hereby amended to read as

224-9   follows:

224-10      617.225  1.  A sole proprietor may elect to be included

224-11   within the terms, conditions and provisions of this chapter to

224-12   secure for himself compensation equivalent to that to which

224-13   an employee is entitled for any occupational disease

224-14   contracted by the sole proprietor which arises out of and in

224-15   the course of his self-employment by filing a written notice

224-16   of election with the administrator and a private carrier.

224-17    2.  A private carrier may require a sole proprietor who

224-18   elects to accept the terms, conditions and provisions of this

224-19   chapter [shall] to submit to a physical examination by a

224-20   physician selected by the private carrier before the

224-21   commencement of coverage and on a yearly basis thereafter.

224-22   [The]If a private carrierrequires such a physical

224-23   examination, the private carrier shall prescribe the scope of

224-24   the examination and shall consider it for rating purposes. The

224-25   cost of the physical examination must be paid by the sole

224-26   proprietor.

224-27    3.  A sole proprietor who elects to submit to the

224-28   provisions of this chapter shall pay to the private carrier

224-29   premiums in such manner and amounts as may be prescribed

224-30   by the regulations of the commissioner.

224-31    4.  If a sole proprietor fails to pay all premiums required

224-32   by the regulations of the commissioner, the failure operates

224-33   as a rejection of this chapter.

224-34    5.  A sole proprietor who elects to be included under the

224-35   provisions of this chapter remains subject to all terms,

224-36   conditions and provisions of this chapter and all regulations

224-37   of the commissioner until he files a written notice with the

224-38   private carrier and the administrator that he withdraws his

224-39   election.

224-40    6.  For purposes of this chapter, a sole proprietor shall be

224-41   deemed to be an employee receiving a wage of $300 per

224-42   month.

224-43      Sec. 17.  NRS 232.680 is hereby amended to read as

224-44   follows:

224-45      232.680  1.  The cost of carrying out the provisions of

224-46   NRS 232.550 to 232.700, inclusive, and of supporting the

225-1  division, a full-time employee of the legislative counsel

225-2  bureau and the fraud control unit for industrial insurance

225-3   established pursuant to NRS 228.420, and that portion of the

225-4   cost of the office for consumer health assistance established

225-5   pursuant to NRS 223.550 that is related to providing

225-6   assistance to consumers and injured employees concerning

225-7   workers’ compensation, must be paid from assessments

225-8   payable by each insurer, including each employer who

225-9   provides accident benefits for injured employees pursuant to

225-10   NRS 616C.265 . [,]

225-11    2.  The administrator shall assess each insurer,

225-12   including each employer who provides accident benefits for

225-13   injured employees pursuant to NRS 616C.265. To establish

225-14   the amount of the assessment, the administrator shall

225-15   determine the amount of money necessary for each of the

225-16   expenses set forth in subsections 1 and 4 of this section and

225-17   subsection 3 of NRS 616A.425 and determine the amount

225-18   that is payable by the private carriers, the self-insured

225-19   employers, the associations of self-insured public or private

225-20   employers and the employers who provide accident benefits

225-21   pursuant to NRS 616C.265 for each of the programs. For

225-22   the expenses from which more than one group of insurers

225-23   receives benefit, the administrator shall allocate a portion

225-24   of the amount necessary for that expense to be payable by

225-25   each of the relevant group of insurers, based upon the

225-26   expected annual expenditures for claims of each group of

225-27   insurers. After allocating the amounts payable among each

225-28   group of insurers for all the expenses from which each

225-29   group receives benefit, the administrator shall apply an

225-30   assessment rate to the:

225-31      (a) Private carriers that reflects the relative hazard of

225-32   the employments covered by the private carriers, results in

225-33   an equitable distribution of costs among the private carriers

225-34   and is based upon expected annual premiums to be

225-35   received;

225-36      (b) Self-insured employers that results in an equitable

225-37   distribution of costs among the self-insured employers and

225-38   is based upon expected annual expenditures for claims;

225-39      (c) Associations of self-insured public or private

225-40   employers that results in an equitable distribution of costs

225-41   among the associations of self-insured public or private

225-42   employers and is based upon expected annual expenditures

225-43   for claims; and

225-44      (d) Employers who provide accident benefits pursuant to

225-45   NRS 616C.265 that reflect the relative hazard of the

225-46   employments covered by those employers, results in an

226-1  equitable distribution of costs among the employers and is

226-2  based upon expected annual expenditures for claims . [for

226-3   injuries occurring on or after July 1, 1999. The

226-4  division]

226-5  The administrator shall adopt regulations that establish

226-6   [formulas of assessment which result in an equitable

226-7   distribution of costs among the insurers and employers who

226-8   provide accident benefits for injured employees. The

226-9   formulas may utilize] the formula for the assessment and

226-10   for the administration of payment, and any penalties that

226-11   the administrator determines are necessary to carry out the

226-12   provisions of this subsection. The formula may use actual

226-13   expenditures for claims.

226-14      [2.]  As used in this subsection, the term “group of

226-15   insurers” includes the group of employers who provide

226-16   accident benefits for injured employees pursuant to

226-17  NRS 616C.265.

226-18    3.  Federal grants may partially defray the costs of the

226-19   division.

226-20      [3.] 4.  Assessments made against insurers by the

226-21   division after the adoption of regulations must be used to

226-22   defray all costs and expenses of administering the program of

226-23   workers’ compensation, including the payment of:

226-24      (a) All salaries and other expenses in administering the

226-25   division, including the costs of the office and staff of the

226-26   administrator.

226-27      (b) All salaries and other expenses of administering NRS

226-28   616A.435 to 616A.460, inclusive, the offices of the hearings

226-29   division of the department of administration and the

226-30   programs of self-insurance and review of premium rates by

226-31   the commissioner of insurance.

226-32      (c) The salary and other expenses of a full-time employee

226-33   of the legislative counsel bureau whose principal duties are

226-34   limited to conducting research and reviewing and evaluating

226-35   data related to industrial insurance.

226-36      (d) All salaries and other expenses of the fraud control

226-37   unit for industrial insurance established pursuant to

226-38  NRS 228.420.

226-39      (e) Claims against uninsured employers arising from

226-40   compliance with NRS 616C.220 and 617.401.

226-41      (f) That portion of the salaries and other expenses of the

226-42   office for consumer health assistance established pursuant to

226-43   NRS 223.550 that is related to providing assistance to

226-44   consumers and injured employees concerning workers’

226-45   compensation.

227-1      Sec. 19.  1.  This section and sections 1 to 9, inclusive,

227-2  11 to 14, inclusive, [and 16, 17] 16 and 18 of this act become

227-3   effective on July 1, 2001.

227-4     2.  Sections 10 , [and] 15 and 17 of this act become

227-5   effective at 12:01 a.m. on July 1, 2001.

227-6     Sec. 81.  Section 18 of chapter 511, Statutes of Nevada 2001,

227-7   at page 2476, is hereby amended to read as follows:

227-8      Sec. 18.  Section 139 of chapter 646, Statutes of Nevada

227-9   1999, as amended by section 139 of chapter 10, Statutes of

227-10   Nevada 2001, at page [3816,] 282, is hereby amended to read

227-11   as follows:

227-12      Sec. 139.  1.  This section and section 130.5 of this

227-13   act become effective upon passage and approval for the

227-14   purpose of adopting any regulations necessary to carry

227-15   out the provisions of this act, and on September 30, 1999,

227-16   for all other purposes.

227-17      2.  Sections 1 to 101, inclusive, 103, 105 to 117,

227-18   inclusive, 119 to 130, inclusive, and 131 to 138, inclusive,

227-19   of this act become effective upon passage and approval

227-20   for the purpose of adopting any regulations necessary to

227-21   carry out the provisions of this act, and on October 1,

227-22   1999, for all other purposes.

227-23      3.  Sections 102, 104 and 118 of this act become

227-24   effective upon passage and approval for the purpose of

227-25   adopting any regulations necessary to carry out the

227-26   provisions of this act, and at 12:01 a.m. on October 1,

227-27   1999, for all other purposes.

227-28      4.  Sections 15 and 33 of this act expire by limitation

227-29   on the date on which the provisions of 42 U.S.C. § 666

227-30   requiring each state to establish procedures under which

227-31   the state has authority to withhold or suspend, or to

227-32   restrict the use of professional, occupational and

227-33   recreational licenses of persons who:

227-34      (a) Have failed to comply with a subpoena or warrant

227-35   relating to a procedure to determine the paternity of a

227-36   child or to establish or enforce an obligation for the

227-37   support of a child; or

227-38      (b) Are in arrears in the payment for the support of one

227-39   or more children,

227-40  are repealed by the Congress of the United States.

227-41      [5.  Section 78.5 of this act expires by limitation on

227-42   October 1, 2001.]

 

 

 

228-1     Sec. 82.  Section 2 of chapter 512, Statutes of Nevada 2001, at

228-2  page 2477, is hereby amended to read as follows:

228-3      Sec. 2.  NRS 354.600 is hereby amended to read as

228-4   follows:

228-5      354.600  Each budget must include:

228-6     1.  Detailed estimates of revenues, balances in other

228-7   funds and other sources of financing for the budget year

228-8   classified by funds and sources in a manner and on forms

228-9   prescribed by the department of taxation.

228-10    2.  Detailed estimates of expenditures and other uses of

228-11   money for the budget year classified in a manner and on

228-12   forms prescribed by the department of taxation.

228-13    3.  A separate statement of the anticipated expenses

228-14   relating to activities designed to influence the passage or

228-15   defeat of any legislation, setting forth each separate

228-16   category of expenditure that is required to be included in a

228-17   supplemental report pursuant to subsection 1 of

228-18  NRS 354.59803.

228-19    Sec. 83.  1.  Sections 12 and 16 of chapter 517, Statutes of

228-20   Nevada 2001, at pages 2521 and 2522, respectively, are hereby

228-21   amended to read respectively as follows:

228-22      Sec. 12.  NRS 129.050 is hereby amended to read as

228-23   follows:

228-24      129.050  1.  Except as otherwise provided in section 5

228-25   of Assembly Bill No. 173 of this [act,] session, any minor

228-26   who is under the influence of, or suspected of being under

228-27   the influence of, a controlled substance:

228-28      (a) May give express consent; or

228-29      (b) If unable to give express consent, shall be deemed to

228-30   consent,

228-31  to the furnishing of hospital, medical, surgical or other care

228-32   for the treatment of abuse of drugs or related illnesses by any

228-33   public or private hospital, medical facility, facility for the

228-34   dependent , other than a halfway house for alcohol and

228-35   drug abusers, or any licensed physician, and the consent of

228-36   the minor is not subject to disaffirmance because of minority.

228-37    2.  Immunity from civil or criminal liability extends to

228-38   any physician or other person rendering care or treatment

228-39   pursuant to subsection 1, in the absence of negligent

228-40   diagnosis, care or treatment.

228-41    3.  The consent of the parent, parents or legal guardian of

228-42   the minor is not necessary to authorize such care, but any

228-43   physician who treats a minor pursuant to this section shall

228-44   make every reasonable effort to report the fact of treatment

228-45   to the parent, parents or legal guardian within a reasonable

228-46   time after treatment.

229-1      Sec. 16.  1.  This [act becomes effective:

229-2      1.] section and section 12.3 of this act become effective

229-3   on June 30, 2001.

229-4     2.  Sections 1 to 12, inclusive, and 12.5 to 15, inclusive,

229-5   of this act become effective:

229-6      (a) Upon passage and approval for the purposes of

229-7   adopting regulations and performing any other preparatory

229-8   administrative tasks that are necessary to carry out the

229-9   provisions of this act; and

229-10      [2.] (b) On January 1, 2002, for all other purposes.

229-11    2.  Chapter 517, Statutes of Nevada 2001, at page 2522, is

229-12   hereby amended by adding thereto a new section to be designated

229-13   as section 12.3, immediately following section 12, to read as

229-14   follows:

229-15      Sec. 12.3.  Section 19 of chapter 157, Statutes of Nevada

229-16   2001, at page 820, is hereby amended to read as follows:

229-17      Sec. 19.  NRS 129.050 is hereby amended to read as

229-18   follows:

229-19      129.050  1.  [Any] Except as otherwise provided in

229-20   section 5 of this act, any minor who is under the

229-21   influence of, or suspected of being under the influence of,

229-22   a controlled substance:

229-23      (a) May give express consent; or

229-24      (b) If unable to give express consent, shall be deemed

229-25   to consent,

229-26  to the furnishing of hospital, medical, surgical or other

229-27   care for the treatment of abuse of drugs or related

229-28   illnesses by any public or private hospital, medical

229-29   facility, facility for the dependent or any licensed

229-30   physician, and the consent of the minor is not subject to

229-31   disaffirmance because of minority.

229-32      2.  Immunity from civil or criminal liability extends to

229-33   any physician or other person rendering care or treatment

229-34   pursuant to subsection 1, in the absence of negligent

229-35   diagnosis, care or treatment.

229-36      3.  The consent of the parent [or the] , parents or legal

229-37   guardian of the minor is not necessary to authorize such

229-38   care, but any physician who treats a minor pursuant to

229-39   this section shall make every reasonable effort to report

229-40   the fact of treatment to the parent , [or] parents or legal

229-41   guardian within a reasonable time after treatment.

 

 

 

 

 

230-1     Sec. 84.  Sections 60, 78, 102, 108, 120, 131, 151, 183, 209,

230-2  225, 226 and 241 of chapter 520, Statutes of Nevada 2001, at pages

230-3   2551, 2564, 2583, 2589, 2594, 2599, 2607, 2622, 2632, 2640 and

230-4   2644, are hereby amended to read respectively as follows:

230-5      Sec. 60.  NRS 483.340 is hereby amended to read as

230-6   follows:

230-7      483.340  1.  The department shall, upon payment of the

230-8   required fee, issue to every qualified applicant a driver’s

230-9   license indicating the type or class of vehicles the licensee

230-10   may drive. The license must bear a unique number assigned

230-11   to the licensee pursuant to NRS 483.345, the licensee’s social

230-12   security number, if he has one, unless he requests that it not

230-13   appear on the license, the full name, date of birth, mailing

230-14   address and a brief description of the licensee, and a space

230-15   upon which the licensee shall write his usual signature in ink

230-16   immediately upon receipt of the license. A license is not

230-17   valid until it has been so signed by the licensee.

230-18    2.  The department may issue a driver’s license for

230-19   purposes of identification only for use by officers of local

230-20   police and sheriffs’ departments, agents of the investigation

230-21   division of the department of public safety while engaged in

230-22   special undercover investigations relating to narcotics or

230-23   prostitution or for other undercover investigations requiring

230-24   the establishment of a fictitious identity, federal agents while

230-25   engaged in undercover investigations, investigators

230-26   employed by the attorney general while engaged in

230-27   undercover investigations and agents of the state gaming

230-28   control board while engaged in investigations pursuant to

230-29   NRS 463.140. An application for such a license must be

230-30   made through the head of the police or sheriff’s department,

230-31   the chief of the investigation division[,] of the department

230-32   of public safety, the director of the appropriate federal

230-33   agency, the attorney general or the chairman of the state

230-34   gaming control board. Such a license is exempt from the fees

230-35   required by NRS 483.410. The department, by regulation,

230-36   shall provide for the cancellation of any such driver’s license

230-37   upon the completion of the special investigation for which it

230-38   was issued.

230-39    3.  Information pertaining to the issuance of a driver’s

230-40   license pursuant to subsection 2 is confidential.

230-41    4.  It is unlawful for any person to use a driver’s license

230-42   issued pursuant to subsection 2 for any purpose other than

230-43   the special investigation for which it was issued.

230-44    5.  At the time of the issuance or renewal of the driver’s

230-45   license, the department shall:

230-46      (a) Give the holder the opportunity to indicate on his

230-47   driver’s license that he wishes to be a donor of all or part of

231-1  his body pursuant to NRS 451.500 to 451.590, inclusive, or

231-2  that he refuses to make an anatomical gift of his body or part

231-3   of his body;

231-4      (b) Give the holder the opportunity to indicate whether he

231-5   wishes to donate $1 or more to the anatomical gift account

231-6   created by section 7 of [this act;] Assembly Bill No. 497 of

231-7   this session; and

231-8      (c) Provide to each holder who is interested in becoming a

231-9   donor information relating to anatomical gifts, including the

231-10   procedure for registration as a donor with The Living Bank

231-11   International or its successor organization.

231-12    6.  If the holder wishes to make a donation to the

231-13   anatomical gift account, the department shall collect the

231-14   donation and deposit the money collected in the state

231-15   treasury for credit to the anatomical gift account.

231-16    7.  The department shall submit to The Living Bank

231-17   International, or its successor organization, information from

231-18   the records of the department relating to persons who have

231-19   drivers’ licenses that indicate the intention of those persons

231-20   to make an anatomical gift. The department shall adopt

231-21   regulations to carry out the provisions of this subsection.

231-22      Sec. 78.  NRS 120A.280 is hereby amended to read as

231-23   follows:

231-24      120A.280  1.  Within 360 days after the filing of the

231-25   report required by NRS 120A.250 and the payment or

231-26   delivery of the property required by NRS 120A.320, the

231-27   administrator shall cause notice to be published in at least

231-28   one newspaper of general circulation in the county in this

231-29   state in which is located the last known address of any person

231-30   to be named in the notice. If no address is listed or if the

231-31   address is outside this state, the notice must be published in

231-32   the county in which the holder of the abandoned property has

231-33   his principal place of business within this state.

231-34    2.  The published notice must be entitled “Notice of

231-35   Names of Persons Appearing To Be Owners of Abandoned

231-36   Property,” and must contain:

231-37      (a) The names in alphabetical order and last known

231-38   addresses, if any, of persons listed in the report and entitled

231-39   to notice within the county.

231-40      (b) A statement that information concerning the amount

231-41   or description of the property and the name and address of

231-42   the holder may be obtained by any person possessing an

231-43   interest in the property by addressing an inquiry to the

231-44   administrator.

231-45      (c) If the property was removed from a safe-deposit box

231-46   or other safekeeping repository, a statement declaring that

231-47   the administrator will hold the property for 1 year after the

231-48   date

232-1  the property was delivered to the administrator, and that the

232-2  property may be destroyed if no claims are made for it within

232-3   that period.

232-4     3.  The administrator is not required to publish in the

232-5   notice any item valued at less than $50 unless he deems the

232-6   publication to be in the public interest.

232-7     4.  In addition to the notice required to be published

232-8   pursuant to this section, the administrator shall take such

232-9   actions as are reasonably calculated to give actual notice to

232-10   the owner of property presumed abandoned, including,

232-11   without limitation, using information obtained from the

232-12   department of motor vehicles [and public safety] and other

232-13   governmental agencies or executing contracts with private

232-14   businesses to assist in locating such owners of property.

232-15      Sec. 102.  NRS 209.392 is hereby amended to read as

232-16   follows:

232-17      209.392  1.  Except as otherwise provided in NRS

232-18   209.3925 and 209.429, the director may, at the request of an

232-19   offender who is eligible for residential confinement pursuant

232-20   to the standards adopted by the director pursuant to

232-21   subsection 3 and who has:

232-22      (a) Established a position of employment in the

232-23   community;

232-24      (b) Enrolled in a program for education or rehabilitation;

232-25   or

232-26      (c) Demonstrated an ability to pay for all or part of the

232-27   costs of his confinement and to meet any existing obligation

232-28   for restitution to any victim of his crime,

232-29  assign the offender to the custody of the division of parole

232-30   and probation of the department of [motor vehicles and]

232-31   public safety to serve a term of residential confinement,

232-32   pursuant to NRS 213.380, for not longer than the remainder

232-33   of his sentence.

232-34    2.  Upon receiving a request to serve a term of residential

232-35   confinement from an eligible offender, the director shall

232-36   notify the division of parole and probation. If any victim of a

232-37   crime committed by the offender has, pursuant to subsection

232-38   4 of NRS 213.130, requested to be notified of the

232-39   consideration of a prisoner for parole and has provided a

232-40   current address, the division of parole and probation shall

232-41   notify the victim of the offender’s request and advise the

232-42   victim that he may submit documents regarding the request

232-43   to the division of parole and probation. If a current address

232-44   has not been provided as required by subsection 4 of NRS

232-45   213.130, the division of parole and probation must not be

232-46   held responsible if such notification is not received by the

233-1  victim. All personal information, including, but not limited to,

233-2  a current or former address, which pertains to a victim and

233-3   which is received by the division of parole and probation

233-4   pursuant to this subsection is confidential.

233-5     3.  The director, after consulting with the division of

233-6   parole and probation, shall adopt, by regulation, standards

233-7   providing which offenders are eligible for residential

233-8   confinement. The standards adopted by the director must

233-9   provide that an offender who:

233-10      (a) Is not eligible for parole or release from prison within

233-11   a reasonable period;

233-12      (b) Has recently committed a serious infraction of the

233-13   rules of an institution or facility of the department;

233-14      (c) Has not performed the duties assigned to him in a

233-15   faithful and orderly manner;

233-16      (d) Has ever been convicted of:

233-17        (1) Any crime involving the use or threatened use of

233-18   force or violence against the victim; or

233-19        (2) A sexual offense;

233-20      (e) Has more than one prior conviction for any felony in

233-21   this state or any offense in another state that would be a

233-22   felony if committed in this state, not including a violation of

233-23   NRS 484.379 or 484.3795;

233-24      (f) Has escaped or attempted to escape from any jail or

233-25   correctional institution for adults; or

233-26      (g) Has not made an effort in good faith to participate in

233-27   or to complete any educational or vocational program or any

233-28   program of treatment, as ordered by the director,

233-29  is not eligible for assignment to the custody of the division of

233-30   parole and probation to serve a term of residential

233-31   confinement pursuant to this section.

233-32    4.  If an offender assigned to the custody of the division

233-33   of parole and probation pursuant to this section escapes or

233-34   violates any of the terms or conditions of his residential

233-35   confinement:

233-36      (a) The division of parole and probation may, pursuant to

233-37   the procedure set forth in NRS 213.410, return the offender

233-38   to the custody of the department.

233-39      (b) The offender forfeits all or part of the credits for good

233-40   behavior earned by him before the escape or violation, as

233-41   determined by the director. The director may provide for a

233-42   forfeiture of credits pursuant to this paragraph only after

233-43   proof of the offense and notice to the offender[,] and may

233-44   restore credits forfeited for such reasons as he considers

233-45   proper. The decision of the director regarding such a

233-46   forfeiture is final.

234-1     5.  The assignment of an offender to the custody of the

234-2  division of parole and probation pursuant to this section shall

234-3   be deemed:

234-4      (a) A continuation of his imprisonment and not a release

234-5   on parole; and

234-6      (b) For the purposes of NRS 209.341, an assignment to a

234-7   facility of the department,

234-8  except that the offender is not entitled to obtain any benefits

234-9   or to participate in any programs provided to offenders in the

234-10   custody of the department.

234-11    6.  An offender does not have a right to be assigned to

234-12   the custody of the division of parole and probation pursuant

234-13   to this section, or to remain in that custody after such an

234-14   assignment, and it is not intended that the provisions of this

234-15   section or of NRS 213.371 to 213.410, inclusive, create any

234-16   right or interest in liberty or property or establish a basis for

234-17   any cause of action against the state, its political

234-18   subdivisions, agencies, boards, commissions, departments,

234-19   officers or employees.

234-20      Sec. 108.  NRS 213.107 is hereby amended to read as

234-21   follows:

234-22      213.107  As used in NRS 213.107 to 213.157, inclusive,

234-23   and section 24 of [this act,] Senate Bill No. 551 of this

234-24   session, unless the context otherwise requires:

234-25    1.  “Board” means the state board of parole

234-26   commissioners.

234-27    2.  “Chief” means the chief parole and probation officer.

234-28    3.  “Division” means the division of parole and probation

234-29   of the department of [motor vehicles and] public safety.

234-30    4.  “Residential confinement” means the confinement of

234-31   a person convicted of a crime to his place of residence under

234-32   the terms and conditions established by the board.

234-33    5.  “Sex offender” means any person who has been or is

234-34   convicted of a sexual offense.

234-35    6.  “Sexual offense” means:

234-36      (a) A violation of NRS 200.366, subsection 4 of NRS

234-37   200.400, NRS 200.710, 200.720, subsection 2 of NRS

234-38   200.730, NRS 201.180, paragraph (a) or subparagraph (2) of

234-39   paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230

234-40   or 201.450, or paragraph (a) or (b) of subsection 3 of section

234-41   4 of [this act;] Senate Bill No. 551 of this session;

234-42      (b) An attempt to commit any offense listed in paragraph

234-43   (a); or

234-44      (c) An act of murder in the first or second degree,

234-45   kidnapping in the first or second degree, false imprisonment,

234-46   burglary or invasion of the home if the act is determined to

234-47   be

235-1  sexually motivated at a hearing conducted pursuant to

235-2  NRS 175.547.

235-3     7.  “Standards” means the objective standards for

235-4   granting or revoking parole or probation which are adopted

235-5   by the board or the chief.

235-6      Sec. 120.  NRS 289.470 is hereby amended to read as

235-7   follows:

235-8      289.470  “Category II peace officer” means:

235-9     1.  The bailiff of the supreme court;

235-10    2.  The bailiffs of the district courts, justices’ courts and

235-11   municipal courts whose duties require them to carry weapons

235-12   and make arrests;

235-13    3.  Constables and their deputies whose official duties

235-14   require them to carry weapons and make arrests;

235-15    4.  Inspectors employed by the transportation services

235-16   authority who exercise those powers of enforcement

235-17   conferred by chapters 706 and 712 of NRS;

235-18    5.  Parole and probation officers;

235-19    6.  Special investigators who are employed full time by

235-20   the office of any district attorney or the attorney general;

235-21    7.  Investigators of arson for fire departments who are

235-22   specially designated by the appointing authority;

235-23    8.  The assistant and deputies of the state fire marshal;

235-24    9.  The brand inspectors of the state department of

235-25   agriculture who exercise the powers of enforcement

235-26   conferred by chapter 565 of NRS;

235-27      10.  The field agents and inspectors of the state

235-28   department of agriculture who exercise the powers of

235-29   enforcement conferred by NRS 561.225;

235-30      11.  Investigators for the state forester firewarden who

235-31   are specially designated by him and whose primary duties are

235-32   related to the investigation of arson;

235-33      12.  School police officers employed by the board of

235-34   trustees of any county school district;

235-35      13.  Agents of the state gaming control board who

235-36   exercise the powers of enforcement specified in NRS

235-37   289.360, 463.140 or 463.1405, except those agents whose

235-38   duties relate primarily to auditing, accounting, the collection

235-39   of taxes or license fees, or the investigation of applicants for

235-40   licenses;

235-41      14.  Investigators and administrators of the division of

235-42   compliance enforcement [of the motor vehicles branch] of

235-43   the department of motor vehicles [and public safety] who

235-44   perform the duties specified in subsection [3] 2 of

235-45  NRS 481.048;

236-1      15.  Officers and investigators of the section for the

236-2  control of emissions from vehicles [of the motor vehicles

236-3   branch] of the department of motor vehicles [and public

236-4   safety] who perform the duties specified in subsection 3 of

236-5   NRS 481.0481;

236-6      16.  Legislative police officers of the State of Nevada;

236-7      17.  The personnel of the capitol police division of the

236-8   department of [motor vehicles and] public safety appointed

236-9   pursuant to subsection 2 of NRS 331.140;

236-10      18.  Parole counselors of the division of child and family

236-11   services of the department of human resources;

236-12      19.  Juvenile probation officers and deputy juvenile

236-13   probation officers employed by the various judicial districts

236-14   in the State of Nevada or by a department of family, youth

236-15   and juvenile services established pursuant to NRS 62.1264

236-16   whose official duties require them to enforce court orders on

236-17   juvenile offenders and make arrests;

236-18      20.  Field investigators of the taxicab authority;

236-19      21.  Security officers employed full time by a city or

236-20   county whose official duties require them to carry weapons

236-21   and make arrests;

236-22      22.  The chief of a department of alternative sentencing

236-23   created pursuant to NRS 211A.080 and the assistant

236-24   alternative sentencing officers employed by that department;

236-25   and

236-26      23.  Criminal investigators who are employed by the

236-27   secretary of state.

236-28      Sec. 131.  NRS 361.535 is hereby amended to read as

236-29   follows:

236-30      361.535  1.  If the person, company or corporation so

236-31   assessed neglects or refuses to pay the taxes within 30 days

236-32   after demand, the taxes become delinquent. If the person,

236-33   company or corporation so assessed neglects or refuses to

236-34   pay the taxes within 10 days after the taxes become

236-35   delinquent, a penalty of 10 percent must be added. If the tax

236-36   and penalty are not paid on demand, the county assessor or

236-37   his deputy may seize, seal or lock enough of the personal

236-38   property of the person, company or corporation so neglecting

236-39   or refusing to pay to satisfy the taxes and costs. The county

236-40   assessor may use alternative methods of collection,

236-41   including, without limitation, the assistance of the district

236-42   attorney.

236-43    2.  The county assessor shall post a notice of the seizure,

236-44   with a description of the property, in three public places in

236-45  the township or district where it is seized, and shall, at the

236-46   expiration of 5 days, proceed to sell at public auction, at the

236-47   time and place mentioned in the notice, to the highest bidder,

237-1  for lawful money of the United States, a sufficient quantity of

237-2  the property to pay the taxes and expenses incurred. For this

237-3   service the county assessor must be allowed from the

237-4   delinquent person a fee of $3.

237-5     3.  If the personal property seized by the county assessor

237-6   or his deputy consists of a mobile or manufactured home, an

237-7   aircraft, or the personal property of a business, the county

237-8   assessor shall publish a notice of the seizure once during

237-9   each of 2 successive weeks in a newspaper of general

237-10   circulation in the county. If the legal owner of the property is

237-11   someone other than the registered owner and the name and

237-12   address of the legal owner can be ascertained from the

237-13   records of the department of motor vehicles , [and public

237-14   safety,] the county assessor shall, before publication, send a

237-15   copy of the notice by registered or certified mail to the legal

237-16   owner. The cost of the publication and notice must be

237-17   charged to the delinquent taxpayer. The notice must state:

237-18      (a) The name of the owner, if known.

237-19      (b) The description of the property seized, including the

237-20   location, the make, model and dimensions and the serial

237-21   number, body number or other identifying number.

237-22      (c) The fact that the property has been seized and the

237-23   reason for seizure.

237-24      (d) The amount of the taxes due on the property and the

237-25   penalties and costs as provided by law.

237-26      (e) The time and place at which the property is to be

237-27  sold.

237-28  After the expiration of 5 days from the date of the second

237-29   publication of the notice, the property must be sold at public

237-30   auction in the manner provided in subsection 2 for the sale of

237-31   other personal property by the county assessor.

237-32    4.  Upon payment of the purchase money, the county

237-33   assessor shall deliver to the purchaser of the property sold,

237-34   with a certificate of the sale, a statement of the amount of

237-35   taxes or assessment and the expenses thereon for which the

237-36   property was sold, whereupon the title of the property so sold

237-37   vests absolutely in the purchaser.

237-38    5.  After a mobile or manufactured home, an aircraft, or

237-39   the personal property of a business is sold and the county

237-40   assessor has paid all the taxes and costs on the property, the

237-41   county assessor shall deposit into the general fund of the

237-42   county the first $300 of the excess proceeds from the sale.

237-43   The county assessor shall deposit any remaining amount of

237-44   the excess proceeds from the sale into an interest-bearing

237-45   account maintained for the purpose of holding excess

237-46   proceeds separate from other money of the county. If no

238-1  claim is made for the money within 6 months after the sale of

238-2  the property for which the claim is made, the county assessor

238-3   shall pay the money into the general fund of the county. All

238-4   interest paid on money deposited in the account pursuant to

238-5   this subsection is the property of the county.

238-6     6.  If the former owner of a mobile or manufactured

238-7   home, aircraft, or personal property of a business that was

238-8   sold pursuant to this section makes a claim in writing for the

238-9   balance of the proceeds of the sale within 6 months after

238-10  the completion of the sale, the county assessor shall pay the

238-11   balance of the proceeds of the sale or the proper portion of

238-12   the balance over to the former owner if the county assessor is

238-13   satisfied that the former owner is entitled to it.

238-14      Sec. 151.  NRS 414.135 is hereby amended to read as

238-15   follows:

238-16      414.135  1.  There is hereby created the emergency

238-17   assistance account within the disaster relief fund created

238-18   pursuant to NRS 353.2735. Beginning with the fiscal year

238-19   that begins on July 1, 1999, the state controller shall, at the

238-20   end of each fiscal year, transfer the interest earned during the

238-21   previous fiscal year on the money in the disaster relief fund

238-22   to the account in an amount not to exceed $500,000.

238-23    2.  The division of emergency management of the

238-24   department of [motor vehicles and] public safety shall

238-25   administer the account. The division may adopt regulations

238-26   authorized by this section before, on or after July 1, 1999.

238-27    3.  All expenditures from the account must be approved

238-28   in advance by the division. Except as otherwise provided in

238-29   subsection 4, all money in the account must be expended

238-30   solely to:

238-31      (a) Provide supplemental emergency assistance to this

238-32   state or to local governments in this state that are severely

238-33   and adversely affected by a natural, technological or man

238-34  -made emergency or disaster for which available resources of

238-35   this state or the local government are inadequate to provide a

238-36   satisfactory remedy; and

238-37      (b) Pay any actual expenses incurred by the division for

238-38   administration during a natural, technological or man-made

238-39   emergency or disaster.

238-40    4.  Beginning with the fiscal year that begins on July 1,

238-41   1999, if any balance remains in the account at the end of a

238-42   fiscal year and the balance has not otherwise been committed

238-43   for expenditure, the division may, with the approval of the

238-44   interim finance committee, allocate all or any portion of the

238-45   remaining balance, not to exceed $250,000, to this state or to

238-46   a local government to:

239-1      (a) Purchase equipment or supplies required for

239-2  emergency management;

239-3      (b) Provide training to personnel related to emergency

239-4   management; and

239-5      (c) Carry out the provisions of sections 2 to 16, inclusive,

239-6   of [this act.] Senate Bill No. 289 of this session.

239-7     5.  Beginning with the fiscal year that begins on July 1,

239-8   1999, the division shall, at the end of each quarter of a fiscal

239-9   year, submit to the interim finance committee a report of the

239-10   expenditures made from the account for the previous quarter.

239-11    6.  The division shall adopt such regulations as are

239-12   necessary to administer the account.

239-13    7.  The division may adopt regulations to provide for

239-14   reimbursement of expenditures made from the account. If the

239-15   division requires such reimbursement, the attorney general

239-16   shall take such action as is necessary to recover the amount

239-17   of any unpaid reimbursement plus interest at a rate

239-18   determined pursuant to NRS 17.130, computed from the date

239-19   on which the money was removed from the fund, upon

239-20   request by the division.

239-21      Sec. 183.  NRS 445B.830 is hereby amended to read as

239-22   follows:

239-23      445B.830  1.  In areas of the state where and when a

239-24   program is commenced pursuant to NRS 445B.770 to

239-25   445B.815, inclusive, the following fees must be paid to the

239-26   department of motor vehicles [and public safety] and

239-27   accounted for in the pollution control account, which is

239-28   hereby created in the state general fund:

239-29  (a) For the issuance and annual renewal of a license for an

239-30   authorized inspection station, authorized maintenance

239-31   station, authorized station or fleet station    $25

239-32  (b) For each set of 25 forms certifying emission control

239-33   compliance    125

239-34  (c) For each form issued to a fleet station    5

239-35    2.  Except as otherwise provided in subsections 4, 5 and

239-36   6, and after deduction of the amount required for grants

239-37   pursuant to paragraph (a) of subsection 4, money in the

239-38   pollution control account may, pursuant to legislative

239-39   appropriation or with the approval of the interim finance

239-40   committee, be expended by the following agencies in the

239-41   following order of priority:

239-42      (a) The department of motor vehicles [and public safety]

239-43   to carry out the provisions of NRS 445B.770 to 445B.845,

239-44   inclusive.

239-45      (b) The state department of conservation and natural

239-46   resources to carry out the provisions of this chapter.

240-1      (c) The state department of agriculture to carry out the

240-2  provisions of NRS 590.010 to 590.150, inclusive.

240-3      (d) Local governmental agencies in nonattainment or

240-4   maintenance areas for an air pollutant for which air quality

240-5   criteria have been issued pursuant to 42 U.S.C. § 7408, for

240-6   programs related to the improvement of the quality of the air.

240-7      (e) The Tahoe Regional Planning Agency to carry out the

240-8   provisions of NRS 277.200 with respect to the preservation

240-9   and improvement of air quality in the Lake Tahoe Basin.

240-10    3.  The department of motor vehicles [and public safety]

240-11   may prescribe by regulation routine fees for inspection at the

240-12   prevailing shop labor rate, including, without limitation,

240-13   maximum charges for those fees, and for the posting of those

240-14   fees in a conspicuous place at an authorized inspection

240-15   station or authorized station.

240-16    4.  The department of motor vehicles [and public safety]

240-17   shall by regulation establish a program to award grants of

240-18   money in the pollution control account to local governmental

240-19   agencies in nonattainment or maintenance areas for an air

240-20   pollutant for which air quality criteria have been issued

240-21   pursuant to 42 U.S.C. § 7408, for programs related to the

240-22   improvement of the quality of air. The grants to agencies in a

240-23   county pursuant to this subsection must be made from:

240-24      (a) An amount of money in the pollution control account

240-25   that is equal to one-fifth of the amount received for each

240-26   form issued in the county pursuant to subsection 1; and

240-27      (b) Excess money in the pollution control account. As

240-28   used in this paragraph, “excess money” means the money in

240-29   excess of $500,000 remaining in the pollution control

240-30   account at the end of the fiscal year, after deduction of the

240-31  amount required for grants pursuant to paragraph (a) and

240-32  any disbursements made from the account pursuant to

240-33   subsection 2.

240-34    5.  Any regulations adopted pursuant to subsection 4

240-35   must provide for the creation of an advisory committee

240-36   consisting of representatives of state and local agencies

240-37   involved in the control of emissions from motor vehicles.

240-38   The committee shall:

240-39      (a) Review applications for grants and make

240-40   recommendations for their approval, rejection or

240-41   modification;

240-42      (b) Establish goals and objectives for the program for

240-43   control of emissions from motor vehicles;

240-44      (c) Identify areas where funding should be made

240-45   available; and

241-1      (d) Review and make recommendations concerning

241-2  regulations adopted pursuant to subsection 4 or

241-3  NRS 445B.770.

241-4     6.  Grants proposed pursuant to subsections 4 and 5 must

241-5   be submitted to the appropriate deputy director of the [motor

241-6   vehicles branch of the] department of motor vehicles [and

241-7   public safety] and the administrator of the division of

241-8   environmental protection of the state department of

241-9   conservation and natural resources. Proposed grants

241-10   approved by the appropriate deputy director and the

241-11   administrator must not be awarded until approved by the

241-12   interim finance committee.

241-13      Sec. 209.  NRS 617.135 is hereby amended to read as

241-14   follows:

241-15      617.135  “Police officer” includes:

241-16    1.  A sheriff, deputy sheriff, officer of a metropolitan

241-17   police department or city policeman;

241-18    2.  A chief, inspector, supervisor, commercial officer or

241-19   trooper of the Nevada highway patrol;

241-20    3.  A chief, investigator or agent of the investigation

241-21   division of the department of [motor vehicles and] public

241-22   safety;

241-23    4.  An officer or investigator of the section for the control

241-24   of emissions from vehicles [of the motor vehicles branch] of

241-25   the department of motor vehicles ; [and public safety;]

241-26    5.  An investigator of the division of compliance

241-27   enforcement [of the motor vehicles branch] of the

241-28   department of motor vehicles ; [and public safety;]

241-29    6.  A member of the police department of the University

241-30   and Community College System of Nevada;

241-31    7.  A:

241-32      (a) Uniformed employee of; or

241-33      (b) Forensic specialist employed by,

241-34  the department of corrections whose position requires regular

241-35   and frequent contact with the offenders imprisoned and

241-36   subjects the employee to recall in emergencies;

241-37    8.  A parole and probation officer of the division of

241-38   parole and probation of the department of [motor vehicles

241-39   and] public safety;

241-40    9.  A forensic specialist or correctional officer employed

241-41   by the division of mental health and developmental services

241-42   of the department of human resources at facilities for

241-43   mentally disordered offenders; and

241-44      10.  The state fire marshal, his assistant and his deputies.

242-1      Sec. 225.  Section 30 of chapter 491, Statutes of Nevada

242-2  1991, as amended by chapter 13, Statutes of Nevada 2001, at

242-3   page [1448,] 337, is hereby amended to read as follows:

242-4      Sec. 30.  1.  Except as otherwise provided in section

242-5   34 of this act and in addition to all other taxes imposed on

242-6   the valuation of vehicles, the board of county

242-7   commissioners of Churchill, Elko, Humboldt, Washoe

242-8   and Lander counties and the board of supervisors of

242-9   Carson City may by ordinance, but not as in a case of

242-10   emergency, impose a special governmental services tax of

242-11   1 cent on each $1 of valuation of the vehicle for the

242-12   privilege of operating upon the public streets, roads and

242-13   highways of the county on each vehicle based in the

242-14   county except:

242-15      (a) A vehicle exempt from the governmental services

242-16   tax pursuant to chapter 371 of NRS; or

242-17      (b) A vehicle subject to NRS 706.011 to 706.861,

242-18   inclusive, which is engaged in interstate or intercounty

242-19   operations.

242-20      2.  The department of motor vehicles [and public

242-21   safety] shall deposit the proceeds of the tax imposed

242-22   pursuant to subsection 1 with the state treasurer for credit

242-23   to the tax distribution fund for the county in which it was

242-24   collected.

242-25      3.  As used in this section , “based” has the meaning

242-26   ascribed to it in NRS 482.011.

242-27      Sec. 226.  Section 9 of chapter 475, Statutes of Nevada

242-28   1993, as amended by chapter 13, Statutes of Nevada 2001,

242-29   at page [1953,] 338, is hereby amended to read as follows:

242-30      Sec. 9.  1.  Except as otherwise provided in section

242-31   14 of this act and in addition to all other taxes imposed on

242-32   the valuation of vehicles, the board of county

242-33   commissioners of Douglas, Esmeralda, Lincoln, Lyon,

242-34   Mineral, Nye, Pershing, Storey and White Pine counties

242-35   may by ordinance, in the manner provided in section 13

242-36   of this act, impose a special governmental services tax of

242-37   1 cent on each $1 of valuation of the vehicle for the

242-38   privilege of operating upon the public streets, roads and

242-39   highways of the county on each vehicle based in the

242-40   county except:

242-41      (a) A vehicle exempt from the governmental services

242-42   tax pursuant to chapter 371 of NRS; or

242-43      (b) A vehicle subject to NRS 706.011 to 706.861,

242-44   inclusive, which is engaged in interstate or intercounty

242-45   operations.

242-46      2.  The department of motor vehicles [and public

242-47   safety] shall deposit the proceeds of the tax imposed

243-1  pursuant to subsection 1 with the state treasurer for credit

243-2  to the tax distribution fund for the county in which it was

243-3   collected.

243-4      3.  As used in this section , “based” has the meaning

243-5   ascribed to it in NRS 482.011.

243-6      Sec. 241.  1.  This section and sections 1 to 41,

243-7   inclusive, 43 to 54, inclusive, 56, 57, 59 , 61 to 78, inclusive,

243-8   81 to 90, inclusive, 92 to [120,] 119, inclusive, 122 to 130,

243-9   inclusive, 132 to 150, inclusive, 152 to 161, inclusive, 163 to

243-10   182, inclusive, 184 to 189, inclusive, 191 to 208, inclusive,

243-11   210 to 223, inclusive, 227 to 240, inclusive, and 242 of this

243-12   act become effective upon passage and approval for the

243-13   purpose of authorizing any preliminary activities necessary

243-14   to ensure that the provisions of this act are carried out in an

243-15   orderly fashion and on July 1, 2001, for all other purposes.

243-16    2.  Sections 55, 58, 60, 79, 80, 120, 121, 131, 151, 190,

243-17   225 and 226 of this act become effective at 12:01 a.m. on

243-18  July 1, 2001.

243-19    3.  Sections 183 and 209 of this act become effective at

243-20   12:02 a.m. on July 1, 2001.

243-21    4.  Section 162 of this act becomes effective at 12:05

243-22   a.m. on July 1, 2001.

243-23      [4.] 5.  Sections 42 and 224 of this act become effective

243-24   on January 1, 2002.

243-25    Sec. 85.  1.  Sections 22 and 37 of chapter 526, Statutes of

243-26   Nevada 2001, at pages 2658 and 2661, respectively, are hereby

243-27   amended to read respectively as follows:

243-28      Sec. 22.  1.  A person may receive assistance pursuant

243-29   to the provisions of sections 3 to 33, inclusive, of this act

243-30   while receiving a property tax exemption as a surviving

243-31   spouse, blind person or veteran if the person has filed a

243-32   claim for the exemption with the county assessor.

243-33    2.  The assessed valuation of any property used to

243-34   determine a refund pursuant to the provisions of sections 3

243-35   to 33, inclusive, of this act must be reduced by the amount

243-36   of such an exemption.

243-37      Sec. 37.  NRS 361.800, 361.803, 361.805, 361.810,

243-38   361.815, 361.817, 361.820, 361.823, 361.824, 361.825,

243-39   361.827, 361.832, 361.833, 361.835, 361.836, 361.838,

243-40   361.841, 361.845, 361.850, 361.859, 361.860, 361.861,

243-41   361.864, 361.865, 361.867, 361.868, 361.870, 361.873,

243-42   361.874 and 361.877 and section 7 of chapter 331, Statutes

243-43   of Nevada 2001, at page 1540, are hereby repealed.

 

 

244-1     2.  Chapter 526, Statutes of Nevada 2001, at page 2658, is

244-2  hereby amended by adding thereto a new section to be designated as

244-3   section 17.5, immediately following section 17, to read as follows:

244-4      Sec. 17.5.  A senior citizen is entitled to a refund

244-5   calculated pro rata pursuant to sections 16 and 17 of this

244-6   act, respectively, for the portion of the year that he owned

244-7   and rented his primary residence if he has maintained his

244-8   primary residence in Nevada since July 1 of the preceding

244-9   calendar year and:

244-10    1.  For any portion of that year, owned his home and

244-11   would have otherwise been entitled to a refund pursuant to

244-12   section 16 of this act if he has owned the home for the

244-13   entire year; and

244-14    2.  For all the remaining portion of that year, rented a

244-15   home or lot for his primary residence and would have

244-16   otherwise been entitled to a refund pursuant to section 17

244-17   of this act if he has rented the home for the entire year.

244-18    Sec. 86.  Sections 3, 4 and 7 of chapter 529, Statutes of Nevada

244-19   2001, at pages 2665 and 2666, are hereby amended to read

244-20   respectively as follows:

244-21      Sec. 3.  “Household income” has the meaning ascribed

244-22   to it in section 9 of Senate Bill No. 574 of this session.

244-23      Sec. 4.  “Income” has the meaning ascribed to it in

244-24   section 10 of Senate Bill No. 574 of this session.

244-25      Sec. 7.  The department of human resources shall, in

244-26   cooperation with the department of taxation and the

244-27   various counties in this state:

244-28    1.  Combine all possible administrative procedures

244-29   required for determining those persons who are eligible for

244-30   assistance pursuant to sections 3 to 33, inclusive, of Senate

244-31   Bill No. 574 of this session and sections 2 to 10, inclusive,

244-32   of this act;

244-33    2.  Coordinate the collection of information required to

244-34   carry out those provisions in a manner that requires

244-35   persons requesting assistance to furnish information in as

244-36   few reports as possible; and

244-37    3.  Design forms that may be used jointly by the

244-38   department of human resources, the department of taxation

244-39   and the various counties in this state to carry out the

244-40   provisions of sections 3 to 33, inclusive, of Senate Bill No.

244-41   574 of this session and sections 2 to 10, inclusive, of this

244-42   act.

 

 

 

245-1     Sec. 87.  Sections 1 and 4 of chapter 546, Statutes of Nevada

245-2  2001, at pages 2709 and 2711, respectively, are hereby amended to

245-3   read respectively as follows:

245-4      Section 1.  NRS 287.043 is hereby amended to read as

245-5   follows:

245-6      287.043  1.  The board shall:

245-7      (a) Establish and carry out a program to be known as the

245-8   public employees’ benefits program which:

245-9         (1) Must include a program relating to group life,

245-10   accident or health insurance, or any combination of these;

245-11   and

245-12        (2) May include a program to reduce taxable

245-13   compensation or other forms of compensation other than

245-14   deferred compensation,

245-15  for the benefit of all state officers and employees and other

245-16   persons who participate in the program.

245-17      (b) Ensure that the program is funded on an actuarially

245-18   sound basis and operated in accordance with sound insurance

245-19   and business practices.

245-20    2.  In establishing and carrying out the program, the

245-21   board shall:

245-22      (a) For the purpose of establishing actuarial data to

245-23   determine rates and coverage for active and retired state

245-24   officers and employees and their dependents, commingle

245-25   the claims experience of such active and retired officers

245-26   and employees and their dependents.

245-27      (b) Except as otherwise provided in this paragraph,

245-28   negotiate and contract with the governing body of any public

245-29   agency enumerated in NRS 287.010 that wishes to obtain

245-30   group insurance for its officers, employees and retired

245-31   employees by participation in the program. The board may

245-32   establish separate rates and coverage for those officers,

245-33   employees and retired employees based on actuarial reports.

245-34      [(b)] (c) Except as otherwise provided in paragraph [(c),]

245-35   (d), provide public notice in writing of any proposed changes

245-36   in rates or coverage to each participating public employer

245-37   who may be affected by the changes. Notice must be

245-38   provided at least 30 days before the effective date of the

245-39   changes.

245-40      [(c)] (d) If a proposed change is a change in the premium

245-41   charged for or coverage of health insurance, provide written

245-42   notice of the proposed change to all state officers,

245-43   employees, retired employees and other persons who

245-44   participate in the program who may be affected by the

245-45   proposed change. The notice must be provided at least 60

245-46   days before the date a state officer, employee, retired

245-47   employee or other person is required to select or change his

245-48   policy of health insurance.

246-1      [(d)] (e) Purchase policies of life, accident or health

246-2  insurance, or any combination of these, or, if applicable, a

246-3   program to reduce the amount of taxable compensation

246-4   pursuant to 26 U.S.C. § 125, from any company qualified to

246-5   do business in this state or provide similar coverage through

246-6   a plan of self-insurance established pursuant to NRS

246-7   287.0433 for the benefit of all eligible public officers,

246-8   employees and retired employees who participate in the

246-9   program.

246-10      [(e)] (f) Except as otherwise provided in this Title,

246-11   develop and establish other employee benefits as necessary.

246-12      [(f)] (g) Investigate and approve or disapprove any

246-13   contract proposed pursuant to NRS 287.0479.

246-14      [(g)] (h) Adopt such regulations and perform such other

246-15   duties as are necessary to carry out the provisions of NRS

246-16   287.0402 to 287.049, inclusive, and section 2 of [this act,]

246-17   Assembly Bill No. 123 of this session, including, without

246-18   limitation, the establishment of:

246-19        (1) Fees for applications for participation in the

246-20   program and for the late payment of premiums or

246-21   contributions;

246-22        (2) Conditions for entry and reentry into the program

246-23   by public agencies enumerated in NRS 287.010;

246-24        (3) The levels of participation in the program required

246-25   for employees of participating public agencies;

246-26        (4) Procedures by which a group of participants in the

246-27   program may leave the program pursuant to NRS 287.0479

246-28   and conditions and procedures for reentry into the program

246-29   by those participants; and

246-30        (5) Specific procedures for the determination of

246-31   contested claims.

246-32      [(h)] (i) Appoint an independent certified public

246-33   accountant. The accountant shall:

246-34        (1) Provide an annual audit of the program; and

246-35        (2) Report to the board and the interim retirement and

246-36   benefits committee of the legislature created pursuant to

246-37  NRS 218.5373.

246-38      [(i)] (j) Appoint an attorney who specializes in employee

246-39   benefits. The attorney shall:

246-40        (1) Perform a biennial review of the program to

246-41   determine whether the program complies with federal and

246-42   state laws relating to taxes and employee benefits; and

246-43        (2) Report to the board and the interim retirement and

246-44   benefits committee of the legislature created pursuant to

246-45  NRS 218.5373.

246-46    3.  The board shall submit an annual report regarding

246-47   the administration and operation of the program to the

247-1  director of the legislative counsel bureau not more than 6

247-2  months before the board establishes rates and coverage for

247-3   members for the following calendar year. The report must

247-4   include, without limitation:

247-5      (a) The amount paid by the program in the preceding

247-6   calendar year for the claims of active and retired state

247-7   officers and employees; and

247-8      (b) The amount paid by the program in the preceding

247-9   calendar year for the claims of retired members of the

247-10   program who were provided coverage for medical or

247-11   hospital service, or both, by the Health Insurance for the

247-12   Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that provides

247-13   similar coverage.

247-14    4.  The board may use any services provided to state

247-15   agencies and shall use the services of the purchasing division

247-16   of the department of administration to establish and carry out

247-17   the program.

247-18      [4.] 5.  The board may make recommendations to the

247-19   legislature concerning legislation that it deems necessary and

247-20   appropriate regarding the program.

247-21      [5.] 6.  The state and any other public employers that

247-22   participate in the program are not liable for any obligation of

247-23   the program other than indemnification of the board and its

247-24   employees against liability relating to the administration of

247-25   the program, subject to the limitations specified in

247-26  NRS 41.0349.

247-27      [6.] 7.  As used in this section, “employee benefits”

247-28   includes any form of compensation provided to a public

247-29   employee except federal benefits, wages earned, legal

247-30   holidays, deferred compensation and benefits available

247-31   pursuant to chapter 286 of NRS.

247-32      Sec. 4.  1.  This section and sections 2 and 3 of this act

247-33   [becomes] become effective on January 1, 2002.

247-34    2.  Section 1 of this act becomes effective at 12:01 a.m.

247-35   on January 1, 2002.

247-36    Sec. 88.  1.  Sections 51 and 54 of chapter 548, Statutes of

247-37   Nevada 2001, at pages 2725 and 2726, respectively, are hereby

247-38   amended to read respectively as follows:

247-39      Sec. 51.  NRS 89.250 is hereby amended to read as

247-40   follows:

247-41      89.250  1.  Except as otherwise provided in subsection

247-42   2, a professional association shall, on or before the last day

247-43   of the month in which the anniversary date of its

247-44   organization occurs in each year, furnish a statement to the

247-45   secretary of state showing the names and residence addresses

247-46   of all members and employees in such association and shall

247-47   certify

248-1  that all members and employees are licensed to render

248-2  professional service in this state.

248-3     2.  A professional association organized and practicing

248-4   pursuant to the provisions of this chapter and NRS 623.349

248-5   shall, on or before the last day of the month in which the

248-6   anniversary date of its organization occurs in each year,

248-7   furnish a statement to the secretary of state:

248-8      (a) Showing the names and residence addresses of all

248-9   members and employees of the association who are licensed

248-10   or otherwise authorized by law to render professional service

248-11   in this state;

248-12      (b) Certifying that all members and employees who

248-13   render professional service are licensed or otherwise

248-14   authorized by law to render professional service in this state;

248-15   and

248-16      (c) Certifying that all members who are not licensed to

248-17   render professional service in this state do not render

248-18   professional service on behalf of the association except as

248-19   authorized by law.

248-20    3.  The statement must:

248-21      (a) Be made on a form prescribed by the secretary of state

248-22   and must not contain any fiscal or other information except

248-23   that expressly called for by this section.

248-24      (b) Be signed by the chief executive officer of the

248-25   association.

248-26    4.  Upon filing the annual statement required by this

248-27   section, the association shall pay to the secretary of state a

248-28   fee of $15.

248-29    5.  As used in this section, “signed” means to have

248-30   executed or adopted a name, word or mark, including,

248-31   without limitation, [a digital] an electronic signature as

248-32   defined in [NRS 720.060,] section 11 of this act, with the

248-33   present intention to authenticate a document.

248-34      Sec. 54.  1.  This section and sections 1 to 50,

248-35   inclusive, 52 and 53 of this act [becomes] become effective

248-36   on July 1, 2001.

248-37    2.  Sections 51 and 52.5 of this act become effective at

248-38   12:01 a.m. on July 1, 2001.

 

 

 

 

 

 

249-1     2.  Chapter 548, Statutes of Nevada 2001, at page 2726, is

249-2  hereby amended by adding thereto a new section to be designated as

249-3   section 52.5, immediately following section 52, to read as follows:

249-4      Sec. 52.5.  Section 42 of chapter 601, Statutes of Nevada

249-5   2001, at page 3190, is hereby amended to read as follows:

249-6      Sec. 42.  NRS 89.250 is hereby amended to read as

249-7   follows:

249-8      89.250  1.  Except as otherwise provided in

249-9   subsection 2,a professional association shall, on or

249-10   before the first day of the second month after the filing

249-11   of its articles of association with the secretary of state,

249-12   and annually thereafter on or before the last day of the

249-13   month in which the anniversary date of its organization

249-14   occurs in each year, furnish a statement to the secretary of

249-15   state showing the names and residence addresses of all

249-16   members and employees in [such] the association and

249-17   [shall certify] certifying that all members and employees

249-18   are licensed to render professional service in this state.

249-19      2.  A professional association organized and

249-20   practicing pursuant to the provisions of this chapter and

249-21   NRS 623.349 shall, on or before the first day of the

249-22   second month after the filing of its articles of

249-23   association with the secretary of state, and annually

249-24   thereafter on or before the last day of the month in which

249-25   the anniversary date of its organization occurs in each

249-26   year, furnish a statement to the secretary of state:

249-27      (a) Showing the names and residence addresses of all

249-28   members and employees of the association who are

249-29   licensed or otherwise authorized by law to render

249-30   professional service in this state;

249-31      (b) Certifying that all members and employees who

249-32   render professional service are licensed or otherwise

249-33   authorized by law to render professional service in this

249-34   state; and

249-35      (c) Certifying that all members who are not licensed to

249-36   render professional service in this state do not render

249-37   professional service on behalf of the association except as

249-38   authorized by law.

249-39      3.  [The statement must:

249-40      (a) Be made] Each statement filed pursuant to this

249-41   section must be:

249-42      (a) Made on a form prescribed by the secretary of

249-43   state and must not contain any fiscal or other information

249-44   except that expressly called for by this section.

249-45      (b) [Be signed] Signed by the chief executive officer

249-46   of the association.

250-1      (c) Accompanied by a declaration under penalty of

250-2  perjury that the professional association has complied

250-3   with the provisions of chapter 364A of NRS.

250-4      4.  Upon filing [the annual] :

250-5      (a) The initial statement required by this section, the

250-6   association shall pay to the secretary of state a fee of

250-7   $165.

250-8      (b) Each annual statement required by this section,

250-9   the association shall pay to the secretary of state a fee of

250-10   [$15.] $85.

250-11      5.  As used in this section, “signed” means to have

250-12   executed or adopted a name, word or mark, including,

250-13   without limitation, an electronic signature as defined in

250-14   section 11 of [this act,] Senate Bill No. 49 of this session,

250-15   with the present intention to authenticate a document.

250-16    Sec. 89.  Section 22 of chapter 550, Statutes of Nevada 2001,

250-17   at page 2739, is hereby amended to read as follows:

250-18      Sec. 22.  NRS 616C.220 is hereby amended to read as

250-19   follows:

250-20      616C.220  1.  The division shall designate one:

250-21      (a) Third-party administrator who has a valid certificate

250-22   issued by the commissioner pursuant to NRS 683A.085; or

250-23      (b) Insurer, other than a self-insured employer

250-24  or association of self-insured public or private

250-25  employers,

250-26  to administer claims against the uninsured employers’ claim

250-27   account. The designation must be made pursuant to

250-28   reasonable competitive bidding procedures established by the

250-29   administrator.

250-30    2.  [An] Except as otherwise provided in this subsection,

250-31   an employee may receive compensation from the uninsured

250-32   employers’ claim account if:

250-33      (a) He was hired in this state or he is regularly employed

250-34   in this state;

250-35      (b) He suffers an accident or injury [in this state] which

250-36   arises out of and in the course of his employment [;] :

250-37        (1) In this state; or

250-38        (2) While on temporary assignment outside the state

250-39   for a period of not more than 12 months;

250-40      (c) He files a claim for compensation with the division;

250-41   and

250-42      (d) He makes an irrevocable assignment to the division of

250-43   a right to be subrogated to the rights of the injured employee

250-44   pursuant to NRS 616C.215.

250-45  An employee who suffers an accident or injury while on

250-46   temporary assignment outside the state is not eligible to

251-1  receive compensation from the uninsured employers’ claim

251-2  account unless he has been denied workers’ compensation

251-3   in the state in which the accident or injury occurred.

251-4     3.  If the division receives a claim pursuant to subsection

251-5   2, the division shall immediately notify the employer of the

251-6   claim.

251-7     4.  For the purposes of this section, the employer has the

251-8   burden of proving that he provided mandatory industrial

251-9   insurance coverage for the employee or that he was not

251-10   required to maintain industrial insurance for the employee.

251-11    5.  Any employer who has failed to provide mandatory

251-12   coverage required by the provisions of chapters 616A to

251-13   616D, inclusive, of NRS is liable for all payments made on

251-14   his behalf, including any benefits, administrative costs or

251-15   attorney’s fees paid from the uninsured employers’ claim

251-16   account or incurred by the division.

251-17    6.  The division:

251-18      (a) May recover from the employer the payments made

251-19   by the division that are described in subsection 5 and any

251-20   accrued interest by bringing a civil action in district court.

251-21      (b) In any civil action brought against the employer, is not

251-22   required to prove that negligent conduct by the employer was

251-23   the cause of the employee’s injury.

251-24      (c) May enter into a contract with any person to assist in

251-25   the collection of any liability of an uninsured employer.

251-26      (d) In lieu of a civil action, may enter into an agreement

251-27   or settlement regarding the collection of any liability of an

251-28   uninsured employer.

251-29    7.  The division shall:

251-30      (a) Determine whether the employer was insured within

251-31   30 days after receiving notice of the claim from the

251-32   employee.

251-33      (b) Assign the claim to the third-party administrator or

251-34   insurer designated pursuant to subsection 1 for

251-35   administration and payment of compensation.

251-36  Upon determining whether the claim is accepted or denied,

251-37   the designated third-party administrator or insurer shall

251-38   notify the injured employee, the named employer and the

251-39   division of its determination.

251-40    8.  Upon demonstration of the:

251-41      (a) Costs incurred by the designated third-party

251-42   administrator or insurer to administer the claim or pay

251-43   compensation to the injured employee; or

251-44      (b) Amount that the designated third-party administrator

251-45   or insurer will pay for administrative expenses or

252-1  compensation to the injured employee and that such amounts

252-2  are justified by the circumstances of the claim,

252-3  the division shall authorize payment from the uninsured

252-4   employers’ claim account.

252-5     9.  Any party aggrieved by a determination regarding the

252-6   administration of an assigned claim or a determination made

252-7   by the division or by the designated third-party administrator

252-8   or insurer regarding any claim made pursuant to this section

252-9   may appeal that determination within 60 days after the

252-10   determination is rendered to the hearings division of the

252-11   department of administration in the manner provided by NRS

252-12   616C.305 and 616C.315 to 616C.385, inclusive.

252-13      10.  All insurers shall bear a proportionate amount of a

252-14   claim made pursuant to chapters 616A to 616D, inclusive, of

252-15   NRS, and are entitled to a proportionate amount of any

252-16   collection made pursuant to this section as an offset against

252-17   future liabilities.

252-18      11.  An uninsured employer is liable for the interest on

252-19   any amount paid on his claims from the uninsured

252-20   employers’ claim account. The interest must be calculated at

252-21   a rate equal to the prime rate at the largest bank in Nevada,

252-22   as ascertained by the commissioner of financial institutions,

252-23   on January 1 or July 1, as the case may be, immediately

252-24   preceding the date of the claim, plus 3 percent, compounded

252-25   monthly, from the date the claim is paid from the account

252-26   until payment is received by the division from the employer.

252-27      12.  Attorney’s fees recoverable by the division pursuant

252-28   to this section must be:

252-29      (a) If a private attorney is retained by the division, paid at

252-30   the usual and customary rate for that attorney.

252-31      (b) If the attorney is an employee of the division, paid at

252-32   the rate established by regulations adopted by the

252-33  division.

252-34  Any money collected must be deposited to the uninsured

252-35   employers’ claim account.

252-36      13.  In addition to any other liabilities provided for in this

252-37   section, the administrator may impose an administrative fine

252-38   of not more than $10,000 against an employer if the

252-39   employer fails to provide mandatory coverage required by

252-40   the provisions of chapters 616A to 616D, inclusive, of NRS.

252-41    Sec. 90.  Section 45 of chapter 554, Statutes of Nevada 2001,

252-42   at page 2773, is hereby amended to read as follows:

252-43      Sec. 45.  1.  This section and sections 1 to 18,

252-44   inclusive, 21 to 24, inclusive, 26 to 30, inclusive, 32, 33, 35

252-45   to 42, inclusive, [and] 44 and 46 of this act become effective

252-46   on July 1, 2001.

253-1     2.  Sections 19, 20, 25, 31, 34 and 43 of this act become

253-2  effective at 12:01 a.m. on July 1, 2001.

253-3     Sec. 91.  Section 28 of chapter 560, Statutes of Nevada 2001,

253-4   at page 2800, is hereby amended to read as follows:

253-5      Sec. 28.  Section 2 of Assembly Bill No. 400 of this

253-6   session is hereby amended to read as follows:

253-7      Sec. 2.  NRS 200.575 is hereby amended to read as

253-8   follows:

253-9      200.575  1.  A person who, without lawful authority,

253-10   willfully or maliciously engages in a course of conduct

253-11   that would cause a reasonable person to feel terrorized,

253-12   frightened, intimidated or harassed, and that actually

253-13   causes the victim to feel terrorized, frightened,

253-14   intimidated or harassed, commits the crime of stalking.

253-15   Except where the provisions of subsection 2 or 3 are

253-16   applicable, a person who commits the crime of stalking:

253-17      (a) For the first offense, is guilty of a misdemeanor.

253-18      (b) For any subsequent offense, is guilty of a gross

253-19   misdemeanor.

253-20      2.  A person who[:

253-21      (a) Commits] commits the crime of stalking and in

253-22   conjunction therewith threatens the person with the intent

253-23   to cause him to be placed in reasonable fear of death or

253-24   substantial bodily harm[;

253-25      (b) Commits the crime of stalking on his spouse while

253-26   a proceeding for the dissolution of their marriage is

253-27   pending for which he has actual or legal notice or within

253-28   6 months after entry of the final decree of dissolution; or

253-29      (c) Commits the crime of stalking on a person with

253-30   whom he has a child in common while a proceeding for

253-31   the custody of that child is pending for which he has

253-32   actual or legal notice,] commits the crime of aggravated

253-33   stalking.

253-34      [3.  A person who commits the crime of stalking with

253-35   the use of an Internet or network site or electronic mail or

253-36   any other similar means of communication to publish,

253-37   display or distribute information in a manner that

253-38   substantially increases the risk of harm or violence to the

253-39   victim shall be punished for a category C felony as

253-40   provided in NRS 193.130.

253-41      4.] A person who commits the crime of aggravated

253-42   stalking shall be punished[:

253-43      (a) If he commits the crime set forth in paragraph (a)

253-44   of subsection 2,] for a category B felony by imprisonment

253-45   in the state prison for a minimum term of not less than 2

253-46   years and a maximum term of not more than 15 years, and

254-1  may be further punished by a fine of not more than

254-2  $5,000.

254-3      [(b) If he commits the crime set forth in paragraph (b)

254-4   or (c) of subsection 2:

254-5         (1) For the first offense, for a gross misdemeanor.

254-6         (2) For the second and any subsequent offense, for

254-7   a category B felony by imprisonment in the state prison

254-8   for a minimum term of not less than 2 years and a

254-9   maximum term of not more than 15 years, and may be

254-10   further punished by a fine of not more than $5,000.

254-11      5.] 3.  A person who commits the crime of stalking

254-12   with the use of an Internet or network site or electronic

254-13   mail or any other similar means of communication to

254-14   publish, display or distribute information in a manner

254-15   that substantially increases the risk of harm or violence

254-16   to the victim shall be punished for a category C felony

254-17   as provided in NRS 193.130.

254-18      4.  Except as otherwise provided in subsection 2 of

254-19   NRS 200.571, a criminal penalty provided for in this

254-20   section may be imposed in addition to any penalty that

254-21   may be imposed for any other criminal offense arising

254-22   from the same conduct or for any contempt of court

254-23   arising from the same conduct.

254-24      [6.] 5.  The penalties provided in this section do not

254-25   preclude the victim from seeking any other legal remedy

254-26   available.

254-27      [7.] 6.  As used in this section:

254-28      (a) “Course of conduct” means a pattern of conduct

254-29   which consists of a series of acts over time that evidences

254-30   a continuity of purpose directed at a specific person.

254-31      (b) “Internet or network site” [means any identifiable

254-32   site on the Internet or on a network. The term includes,

254-33   without limitation:

254-34        (1) A website or other similar site on the World

254-35   Wide Web;

254-36        (2) A site that is identifiable through a Uniform

254-37   Resource Location;

254-38        (3) A site on a network that is owned, operated,

254-39   administered or controlled by a provider of Internet

254-40   service;

254-41        (4) An electronic bulletin board;

254-42        (5) A list server;

254-43        (6) A newsgroup; or

254-44        (7) A chat room.] has the meaning ascribed to it in

254-45   section 2 of Senate Bill No. 48 of this session.

255-1      (c) “Network” has the meaning ascribed to it in

255-2  NRS 205.4745.

255-3      (d) “Provider of Internet service” has the meaning

255-4   ascribed to it in NRS 205.4758.

255-5      (e) “Without lawful authority” includes acts which are

255-6   initiated or continued without the victim’s consent. The

255-7   term does not include acts which are otherwise protected

255-8   or authorized by constitutional or statutory law, regulation

255-9   or order of a court of competent jurisdiction, including,

255-10   but not limited to:

255-11        (1) Picketing which occurs during a strike, work

255-12   stoppage or any other labor dispute.

255-13        (2) The activities of a reporter, photographer,

255-14   cameraman or other person while gathering information

255-15   for communication to the public if that person is

255-16   employed or engaged by or has contracted with a

255-17   newspaper, periodical, press association or radio or

255-18   television station and is acting solely within that

255-19   professional capacity.

255-20        (3) The activities of a person that are carried out in

255-21   the normal course of his lawful employment.

255-22        (4) Any activities carried out in the exercise of the

255-23   constitutionally protected rights of freedom of speech and

255-24   assembly.

255-25    Sec. 92.  1.  Sections 14, 19, 27, 29, 34, 37, 54, 64 and 67 of

255-26   chapter 581, Statutes of Nevada 2001, at pages 2948, 2951, 2957,

255-27   2958, 2960, 2962, 2969 and 2972, are hereby amended to read

255-28   respectively as follows:

255-29      Sec. 14.  NRS 293.303 is hereby amended to read as

255-30   follows:

255-31      293.303  1.  A person applying to vote may be

255-32   challenged:

255-33      (a) Orally by any registered voter of the precinct or

255-34   district upon the ground that he is not the person entitled to

255-35   vote as claimed or has voted before at the same election; or

255-36      (b) On any ground set forth in a challenge filed with the

255-37   county clerk pursuant to the provisions of NRS 293.547.

255-38    2.  If a person is challenged, an election board officer

255-39   shall tender the challenged person the following oath or

255-40   affirmation:

255-41      (a) If the challenge is on the ground that he does not

255-42   belong to the political party designated upon the register, “I

255-43   swear or affirm under penalty of perjury that I belong to the

255-44   political party designated upon the register”;

255-45      (b) If the challenge is on the ground that the register does

255-46   not show that he designated the political party to which he

255-47   claims to belong, “I swear or affirm under penalty of perjury

256-1  that I designated on the application to register to vote the

256-2  political party to which I claim to belong”;

256-3      (c) If the challenge is on the ground that he does not

256-4   reside at the residence for which the address is listed in the

256-5   election board register, “I swear or affirm under penalty of

256-6   perjury that I reside at the residence for which the address is

256-7   listed in the election board register”;

256-8      (d) If the challenge is on the ground that he previously

256-9   voted a ballot for the election, “I swear or affirm under

256-10   penalty of perjury that I have not voted for any of the

256-11   candidates or questions included on this ballot for this

256-12   election”; or

256-13      (e) If the challenge is on the ground that he is not the

256-14   person he claims to be, “I swear or affirm under penalty of

256-15   perjury that I am the person whose name is in this election

256-16   board register.”

256-17  The oath or affirmation must be set forth on a form prepared

256-18   by the secretary of state and signed by the challenged person

256-19   under penalty of perjury.

256-20    3.  Except as otherwise provided in subsection 4, if the

256-21   challenged person refuses to execute the oath or affirmation

256-22   so tendered, he must not be issued a ballot, and the officer in

256-23   charge of the election board register shall write the words

256-24   “Challenged ................” opposite his name in the election

256-25   board register.

256-26    4.  If the challenged person refuses to execute the oath or

256-27   affirmation set forth in paragraph (a) or (b) of subsection 2,

256-28   the election board officers shall issue him a nonpartisan

256-29   ballot.

256-30    5.  If the challenged person refuses to execute the oath or

256-31   affirmation set forth in paragraph (c) of subsection 2, the

256-32   election board officers shall inform him that he is entitled to

256-33   vote only in the manner prescribed in NRS 293.304.

256-34    6.  If the challenged person executes the oath or

256-35   affirmation and the challenge is not based on the ground set

256-36   forth in paragraph (e) of subsection 2, the election board

256-37   officers shall issue him a partisan ballot.

256-38    7.  If the challenge is based on the ground set forth in

256-39   paragraph (c) of subsection 2, and the challenged person

256-40   executes the oath or affirmation, the election board shall not

256-41   issue the person a ballot until he furnishes satisfactory

256-42   identification which contains proof of the address at which

256-43   he actually resides.

256-44    8.  If the challenge is based on the ground set forth in

256-45   paragraph (e) of subsection 2 and the challenged person

257-1  executes the oath or affirmation, the election board shall not

257-2  issue the person a ballot unless he:

257-3      (a) Furnishes official identification which contains a

257-4   photograph of himself, such as his driver’s license or other

257-5   official document; or

257-6      (b) Brings before the election board officers a person who

257-7   is at least 18 years of age who:

257-8         (1) Furnishes official identification which contains a

257-9   photograph of himself, such as his driver’s license or other

257-10   official document; and

257-11        (2) Executes an oath or affirmation under penalty of

257-12   perjury that the challenged person is who he swears he is.

257-13    9.  The election board officers shall:

257-14      (a) Record on the challenge list:

257-15        (1) The name of the challenged person;

257-16        (2) The name of the registered voter who initiated the

257-17   challenge; and

257-18        (3) The result of the challenge; and

257-19      (b) If possible, orally notify the registered voter who

257-20   initiated the challenge of the result of the challenge . [; and

257-21      (c) Indicate on the checklist next to the name of the

257-22   challenged person the result of the challenge.]

257-23      Sec. 19.  NRS 293.330 is hereby amended to read as

257-24   follows:

257-25      293.330  1.  Except as otherwise provided in NRS

257-26   293.3157 and subsection 2 of NRS 293.323 and any

257-27   regulations adopted pursuant thereto, when an absent voter

257-28   receives his ballot, he must mark and fold it, if it is a paper

257-29   ballot, or punch it, if the ballot is voted by punching a card,

257-30   in accordance with the instructions, deposit it in the return

257-31   envelope, seal the envelope, affix his signature on the back

257-32   of the envelope in the space provided therefor and mail the

257-33   return envelope.

257-34    2.  [If the] Except as otherwise provided in subsection 3,

257-35   if an absent voter who has [received] requested a ballot by

257-36   mail applies to vote the ballot in person at:

257-37      (a) The [county clerk’s office,] office of the county clerk,

257-38   he must mark or punch the ballot, seal it in the return

257-39   envelope and affix his signature in the same manner as

257-40   provided in subsection 1, and deliver the envelope to the

257-41   clerk.

257-42      (b) A polling place, including, without limitation, a

257-43   polling place for early voting, he must surrender the absent

257-44   ballot and provide satisfactory identification before being

257-45   issued a ballot to vote at the polling place. A person who

257-46   receives a surrendered absent ballot shall mark it “Canceled.”

258-1     3.  If an absent voter who has requested a ballot by mail

258-2  applies to vote in person at the office of the county clerk or

258-3   a polling place, including, without limitation, a polling

258-4   place for early voting, and the voter does not have the

258-5   absent ballot to deliver or surrender, the voter must be

258-6   issued a ballot to vote if the voter:

258-7      (a) Provides satisfactory identification;

258-8      (b) Is a registered voter who is otherwise entitled to vote;

258-9   and

258-10      (c) Signs an affirmation under penalty of perjury on a

258-11   form prepared by the secretary of state declaring that the

258-12   voter has not voted during the election.

258-13    4.  Except as otherwise provided in NRS 293.316, it is

258-14   unlawful for any person to return an absent ballot other than

258-15   the voter who requested the absent ballot or, at the request of

258-16   the voter, a member of his family. A person who returns an

258-17   absent ballot and who is a member of the family of the voter

258-18   who requested the absent ballot shall, under penalty of

258-19   perjury, indicate on a form prescribed by the county clerk

258-20   that he is a member of the family of the voter who requested

258-21   the absent ballot and that the voter requested that he return

258-22   the absent ballot. A person who violates the provisions of

258-23   this subsection is guilty of a category E felony and shall be

258-24   punished as provided in NRS 193.130.

258-25      Sec. 27.  NRS 293.565 is hereby amended to read as

258-26   follows:

258-27      293.565  1.  Except as otherwise provided in subsection

258-28   2, sample ballots must include:

258-29      (a) The fiscal note, as provided pursuant to NRS 218.443

258-30   or 293.250, for each proposed constitutional amendment or

258-31   statewide measure;

258-32      (b) An explanation, as provided pursuant to NRS

258-33   218.443, of each proposed constitutional amendment or

258-34   statewide measure, including arguments for and against it;

258-35   and

258-36      (c) The full text of each proposed constitutional

258-37   amendment.

258-38    2.  Sample ballots that are mailed to registered voters

258-39   may be printed without the full text of each proposed

258-40   constitutional amendment if:

258-41      (a) The cost of printing the sample ballots would be

258-42   significantly reduced if the full text of each proposed

258-43   constitutional amendment were not included;

258-44      (b) The county clerk ensures that a sample ballot that

258-45   includes the full text of each proposed constitutional

259-1  amendment is provided at no charge to each registered voter

259-2  who requests such a sample ballot; and

259-3      (c) The sample ballots provided to each polling place

259-4   include the full text of each proposed constitutional

259-5   amendment.

259-6     3.  At least 10 days before any election, the county clerk

259-7   shall cause to be mailed to each registered voter in the county

259-8   a sample ballot for his precinct with a notice informing the

259-9   voter of the location of his polling place. If the location of

259-10   the polling place has changed since the last election:

259-11      (a) The county clerk shall mail a notice of the change to

259-12   each registered voter in the county not sooner than 10 days

259-13   before mailing the sample ballots; or

259-14      (b) The sample ballot must also include a notice in bold

259-15   type immediately above the location which states:

 

259-16  NOTICE: THE LOCATION OF YOUR POLLING PLACE

259-17  HAS CHANGED SINCE THE LAST ELECTION

 

259-18    4.  Except as otherwise provided in subsection 5, a

259-19   sample ballot required to be mailed pursuant to this section

259-20   must:

259-21      (a) Be printed in at least 12-point type; and

259-22      (b) Include on the front page, in a separate box created by

259-23   bold lines, a notice printed in at least 20-point bold type that

259-24   states:

 

259-25  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

259-26  LARGE TYPE, CALL (Insert appropriate telephone number)

 

259-27    5.  A portion of a sample ballot that contains a facsimile

259-28   of the display area of a voting device may include material in

259-29   less than 12-point type to the extent necessary to make the

259-30   facsimile fit on the pages of the sample ballot.

259-31    6.  The sample ballot mailed to a person who requests a

259-32   sample ballot in large type by exercising the option provided

259-33   pursuant to section 1 of [this act,] Senate Bill No. 27 of this

259-34   session, or in any other manner, must be printed in at least

259-35   14-point type, or larger when practicable.

259-36    7.  If a person requests a sample ballot in large type, the

259-37   county clerk shall ensure that all future sample ballots mailed

259-38   to that person from the county are in large type.

259-39    8.  The county clerk shall include in each sample ballot a

259-40   statement indicating that the county clerk will, upon request

259-41   of a voter who is elderly or disabled, make reasonable

259-42   accommodations to allow the voter to vote at his polling

259-43   place

260-1  and provide reasonable assistance to the voter in casting his

260-2  vote, including, without limitation, providing appropriate

260-3   materials to assist the voter.

260-4     9.  [The county clerk shall include in each sample ballot

260-5   for a primary election, a separate page on which is printed a

260-6   list of the offices and candidates for those offices for which

260-7   there is no opposition.

260-8      10.]  The cost of mailing sample ballots for any election

260-9   other than a primary or general election must be borne by the

260-10   political subdivision holding the election.

260-11      Sec. 29.  NRS 293C.292 is hereby amended to read as

260-12   follows:

260-13      293C.292  1.  A person applying to vote may be

260-14   challenged:

260-15      (a) Orally by any registered voter of the precinct or

260-16   district upon the ground that he is not the person entitled to

260-17   vote as claimed or has voted before at the same election; or

260-18      (b) On any ground set forth in a challenge filed with the

260-19   county clerk pursuant to the provisions of NRS 293.547.

260-20    2.  If a person is challenged, an election board officer

260-21   shall tender the challenged person the following oath or

260-22   affirmation:

260-23      (a) If the challenge is on the ground that he does not

260-24   reside at the residence for which the address is listed in the

260-25   election board register, “I swear or affirm under penalty of

260-26   perjury that I reside at the residence for which the address is

260-27   listed in the election board register”;

260-28      (b) If the challenge is on the ground that he previously

260-29   voted a ballot for the election, “I swear or affirm under

260-30   penalty of perjury that I have not voted for any of the

260-31   candidates or questions included on this ballot for this

260-32   election”; or

260-33      (c) If the challenge is on the ground that he is not the

260-34   person he claims to be, “I swear or affirm under penalty of

260-35   perjury that I am the person whose name is in this election

260-36   board register.”

260-37  The oath or affirmation must be set forth on a form prepared

260-38   by the secretary of state and signed by the challenged person

260-39   under penalty of perjury.

260-40    3.  If the challenged person refuses to execute the oath or

260-41   affirmation so tendered, he must not be issued a ballot, and

260-42   the officer in charge of the election board register shall write

260-43   the words “Challenged ................” opposite his name in the

260-44   election board register.

260-45    4.  If the challenged person refuses to execute the oath or

260-46   affirmation set forth in paragraph (a) of subsection 2, the

261-1  election board officers shall inform him that he is entitled to

261-2  vote only in the manner prescribed in NRS 293C.295.

261-3     5.  If the challenged person executes the oath or

261-4   affirmation and the challenge is not based on the ground set

261-5   forth in paragraph (c) of subsection 2, the election board

261-6   officers shall issue him a ballot.

261-7     6.  If the challenge is based on the ground set forth in

261-8   paragraph (a) of subsection 2, and the challenged person

261-9   executes the oath or affirmation, the election board shall not

261-10   issue the person a ballot until he furnishes satisfactory

261-11   identification that contains proof of the address at which he

261-12   actually resides.

261-13    7.  If the challenge is based on the ground set forth in

261-14   paragraph (c) of subsection 2 and the challenged person

261-15   executes the oath or affirmation, the election board shall not

261-16   issue the person a ballot unless he:

261-17      (a) Furnishes official identification which contains a

261-18   photograph of himself, such as his driver’s license or other

261-19   official document; or

261-20      (b) Brings before the election board officers a person who

261-21   is at least 18 years of age who:

261-22        (1) Furnishes official identification which contains a

261-23   photograph of himself, such as his driver’s license or other

261-24   official document; and

261-25        (2) Executes an oath or affirmation under penalty of

261-26   perjury that the challenged person is who he swears he is.

261-27    8.  The election board officers shall:

261-28      (a) Record on the challenge list:

261-29        (1) The name of the challenged person;

261-30        (2) The name of the registered voter who initiated the

261-31   challenge; and

261-32        (3) The result of the challenge; and

261-33      (b) If possible, orally notify the registered voter who

261-34   initiated the challenge of the result of the challenge . [; and

261-35      (c) Indicate on the checklist next to the name of the

261-36   challenged person the result of the challenge.]

261-37      Sec. 34.  NRS 293C.330 is hereby amended to read as

261-38   follows:

261-39      293C.330  1.  Except as otherwise provided in NRS

261-40   293C.315 and subsection 2 of NRS 293C.322 and any

261-41   regulations adopted pursuant thereto, when an absent voter

261-42   receives his ballot, he must mark and fold it, if it is a paper

261-43   ballot, or punch it, if the ballot is voted by punching a card,

261-44   in accordance with the instructions, deposit it in the return

261-45   envelope, seal the envelope, affix his signature on the back

261-46   of

262-1  the envelope in the space provided therefor and mail the

262-2  return envelope.

262-3     2.  [If the] Except as otherwise provided in subsection 3,

262-4   if an absent voter who has [received] requested a ballot by

262-5   mail applies to vote the ballot in person at:

262-6      (a) The [city clerk’s office,] office of the city clerk, he

262-7   must mark or punch the ballot, seal it in the return envelope

262-8   and affix his signature in the same manner as provided in

262-9   subsection 1, and deliver the envelope to the city clerk.

262-10      (b) A polling place, including, without limitation, a

262-11   polling place for early voting, he must surrender the absent

262-12   ballot and provide satisfactory identification before being

262-13   issued a ballot to vote at the polling place. A person who

262-14   receives a surrendered absent ballot shall mark it “Canceled.”

262-15    3.  If an absent voter who has requested a ballot by mail

262-16   applies to vote in person at the office of the city clerk or a

262-17   polling place, including, without limitation, a polling place

262-18   for early voting, and the voter does not have the absent

262-19   ballot to deliver or surrender, the voter must be issued a

262-20   ballot to vote if the voter:

262-21      (a) Provides satisfactory identification;

262-22      (b) Is a registered voter who is otherwise entitled to vote;

262-23   and

262-24      (c) Signs an affirmation under penalty of perjury on a

262-25   form prepared by the secretary of state declaring that the

262-26   voter has not voted during the election.

262-27    4.  Except as otherwise provided in NRS 293C.317, it is

262-28   unlawful for any person to return an absent ballot other than

262-29   the voter who requested the absent ballot or, at the request of

262-30   the voter, a member of his family. A person who returns an

262-31   absent ballot and who is a member of the family of the voter

262-32   who requested the absent ballot shall, under penalty of

262-33   perjury, indicate on a form prescribed by the city clerk that

262-34   he is a member of the family of the voter who requested the

262-35   absent ballot and that the voter requested that he return the

262-36   absent ballot. A person who violates the provisions of this

262-37   subsection is guilty of a category E felony and shall be

262-38   punished as provided in NRS 193.130.

262-39      Sec. 37.  NRS 293C.530 is hereby amended to read as

262-40   follows:

262-41      293C.530  1.  At least 10 days before an election, the

262-42   city clerk shall cause to be mailed to each registered voter in

262-43   the city a sample ballot for his precinct with a notice

262-44   informing the voter of the location of his polling place. If the

262-45   location of the polling place has changed since the last

262-46   election:

263-1      (a) The city clerk shall mail a notice of the change to each

263-2  registered voter in the city not sooner than 10 days before

263-3   mailing the sample ballots; or

263-4      (b) The sample ballot must also include a notice in bold

263-5   type immediately above the location which states:

 

263-6  NOTICE: THE LOCATION OF YOUR POLLING PLACE

263-7  HAS CHANGED SINCE THE LAST ELECTION

 

263-8     2.  Except as otherwise provided in subsection 3, a

263-9   sample ballot required to be mailed pursuant to this section

263-10   must:

263-11      (a) Be printed in at least 12-point type; and

263-12      (b) Include on the front page, in a separate box created by

263-13   bold lines, a notice printed in at least 20-point bold type that

263-14   states:

 

263-15  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

263-16  LARGE TYPE, CALL (Insert appropriate telephone number)

 

263-17    3.  A portion of a sample ballot that contains a facsimile

263-18   of the display area of a voting device may include material in

263-19   less than 12-point type to the extent necessary to make the

263-20   facsimile fit on the pages of the sample ballot.

263-21    4.  The sample ballot mailed to a person who requests a

263-22   sample ballot in large type by exercising the option provided

263-23   pursuant to section 1 of [this act,] Senate Bill No. 27 of this

263-24   session, or in any other manner, must be printed in at least

263-25   14-point type, or larger when practicable.

263-26    5.  If a person requests a sample ballot in large type, the

263-27   city clerk shall ensure that all future sample ballots mailed to

263-28   that person from the city are in large type.

263-29    6.  The city clerk shall include in each sample ballot a

263-30   statement indicating that the city clerk will, upon request of a

263-31   voter who is elderly or disabled, make reasonable

263-32   accommodations to allow the voter to vote at his polling

263-33   place and provide reasonable assistance to the voter in

263-34   casting his vote, including, without limitation, providing

263-35   appropriate materials to assist the voter.

263-36    7.  [The city clerk shall include in each sample ballot for

263-37   a primary city election, a separate page on which is printed a

263-38   list of the offices and candidates for those offices for which

263-39   there is no opposition.

263-40      8.]  The cost of mailing sample ballots for a city election

263-41   must be borne by the city holding the election.

264-1      Sec. 54.  NRS 306.015 is hereby amended to read as

264-2  follows:

264-3      306.015  1.  Before a petition to recall a public officer is

264-4   circulated, the persons proposing to circulate the petition

264-5   must file a notice of intent with the filing officer.

264-6     2.  The notice of intent:

264-7      (a) Must be signed by three registered voters who actually

264-8   voted in this state or in the county, district or municipality

264-9   electing the officer at the last preceding general election.

264-10      (b) Must be signed before a person authorized by law to

264-11   administer oaths that the statements and signatures contained

264-12   in the notice are true.

264-13      (c) Is valid until the date on which the call for a special

264-14   election is issued, as set forth in NRS 306.040.

264-15    3.  The petition may consist of more than one document.

264-16   The persons filing the notice of intent shall submit the

264-17   petition that was circulated for signatures to the filing officer

264-18   within 90 days after the date on which the notice of intent

264-19   was filed. The filing officer shall immediately submit the

264-20   petition to the county clerk for verification pursuant to NRS

264-21   306.035. Any person who fails to [file] submit the petition to

264-22   the filing officer as required by this subsection is guilty of a

264-23   misdemeanor. Copies of the petition are not valid for any

264-24   subsequent petition.

264-25    4.  The county clerk shall, upon completing the

264-26   verification of the signatures on the petition, file the petition

264-27   with the filing officer.

264-28    5.  Any person who signs a petition to recall any public

264-29   officer may request that the county clerk remove his name

264-30   from the petition by submitting a request in writing to the

264-31   county clerk at any time before the petition is submitted for

264-32   the verification of the signatures thereon pursuant to

264-33  NRS 306.035.

264-34    6.  A person who signs a notice of intent pursuant to

264-35   subsection 1 or a petition to recall a public officer is immune

264-36   from civil liability for conduct related to the exercise of his

264-37   right to participate in the recall of a public officer.

264-38    7.  As used in this section, “filing officer” means the

264-39   officer with whom the public officer to be recalled filed his

264-40   declaration of candidacy or acceptance of candidacy pursuant

264-41   to NRS 293.185, 293C.145 or 293C.175.

 

 

 

 

265-1      Sec. 64.  Section 5.070 of the charter of the City of

265-2  Sparks, being chapter 470, Statutes of Nevada 1975, as

265-3   amended by chapter 41, Statutes of Nevada 2001, at page

265-4   [737,] 399, is hereby amended to read as follows:

265-5      Sec. 5.070  Availability of lists of registered voters.

265-6   If, for any purpose relating to an election or to candidates

265-7   or issues involved in an election, any organization, group

265-8   or person requests a list of registered voters of the city,

265-9   the department, office or agency which has custody of the

265-10   official register of voters [shall:] shall, except as

265-11   otherwise provided in NRS 293.558:

265-12      1.  Permit the organization, group or person to copy

265-13   the names and addresses of voters from the official

265-14   register of voters; or

265-15      2.  Furnish such a list upon payment of the cost

265-16   established by state election law.

265-17      Sec. 67.  1.  NRS 293.037, 293B.320 and 293C.537 are

265-18   hereby repealed.

265-19    2.  Sections 6 and 26 of chapter 412, Statutes of Nevada

265-20   2001, at pages 2025 and 2035, respectively, are hereby

265-21   repealed.

265-22    2.  Chapter 581, Statutes of Nevada 2001, at page 2972, is

265-23   hereby amended by adding thereto new sections to be designated as

265-24   sections 66.3 and 66.5, immediately following section 66, to read

265-25   respectively as follows:

265-26      Sec. 66.3.  Sections 2 and 3 of chapter 408, Statutes of

265-27   Nevada 2001, at pages 2001 and 2002, respectively, are

265-28   hereby amended to read respectively as follows:

265-29      Sec. 2.  NRS 293.565 is hereby amended to read as

265-30   follows:

265-31      293.565  1.  Except as otherwise provided in

265-32   subsection 2, sample ballots must include:

265-33      (a) The fiscal note, as provided pursuant to NRS

265-34   218.443 or 293.250, for each proposed constitutional

265-35   amendment or statewide measure;

265-36      (b) An explanation, as provided pursuant to NRS

265-37   218.443, of each proposed constitutional amendment or

265-38   statewide measure, including arguments for and against it;

265-39   and

265-40      (c) The full text of each proposed constitutional

265-41   amendment.

265-42      2.  Sample ballots that are mailed to registered voters

265-43   may be printed without the full text of each proposed

265-44   constitutional amendment if:

266-1      (a) The cost of printing the sample ballots would be

266-2  significantly reduced if the full text of each proposed

266-3   constitutional amendment were not included;

266-4      (b) The county clerk ensures that a sample ballot that

266-5   includes the full text of each proposed constitutional

266-6   amendment is provided at no charge to each registered

266-7   voter who requests such a sample ballot; and

266-8      (c) The sample ballots provided to each polling place

266-9   include the full text of each proposed constitutional

266-10   amendment.

266-11      3.  At least 10 days before any election, the county

266-12   clerk shall cause to be mailed to each registered voter in

266-13   the county a sample ballot for his precinct with a notice

266-14   informing the voter of the location of his polling place. If

266-15   the location of the polling place has changed since the last

266-16   election:

266-17      (a) The county clerk shall mail a notice of the change

266-18   to each registered voter in the county not sooner than 10

266-19   days before mailing the sample ballots; or

266-20      (b) The sample ballot must also include a notice in [at

266-21   least 10-point] bold type immediately above the location

266-22   which states:

 

266-23  NOTICE: THE LOCATION OF YOUR POLLING PLACE

266-24  HAS CHANGED SINCE THE LAST ELECTION

 

266-25      4.  Except as otherwise provided in subsection 5, a

266-26   sample ballot required to be mailed pursuant to this

266-27   section must:

266-28      (a) Be printed in at least 12-point type; and

266-29      (b) Include on the front page, in a separate box

266-30   created by bold lines, a notice printed in at least 20-point

266-31   bold type that states:

 

266-32  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

266-33  LARGE TYPE, CALL (Insert appropriate telephone

266-34   number)

 

266-35      5.  A portion of a sample ballot that contains a

266-36   facsimile of the display area of a voting device may

266-37   include material in less than 12-point type to the extent

266-38   necessary to make the facsimile fit on the pages of the

266-39   sample ballot.

266-40      6.  The sample ballot mailed to a person who

266-41   requests a sample ballot in large type by exercising the

266-42   option provided pursuant to section 1 of this act, or in

267-1  any other manner, must be printed in at least 14-point

267-2  type, or larger when practicable.

267-3      7.  If a person requests a sample ballot in large type,

267-4   the county clerk shall ensure that all future sample

267-5   ballots mailed to that person from the county are in

267-6   large type.

267-7      8.  The county clerk shall include in each sample

267-8   ballot a statement indicating that the county clerk will,

267-9   upon request of a voter who is elderly or disabled, make

267-10   reasonable accommodations to allow the voter to vote at

267-11   his polling place and provide reasonable assistance to the

267-12   voter in casting his vote, including, without limitation,

267-13   providing appropriate materials to assist the voter.

267-14      [5.] 9.  The county clerk shall include in each sample

267-15   ballot for a primary election, a separate page on which is

267-16   printed a list of the offices and candidates for those

267-17   offices for which there is no opposition.

267-18      [6.] 10.  The cost of mailing sample ballots for any

267-19   election other than a primary or general election must be

267-20   borne by the political subdivision holding the election.

267-21      Sec. 3.  NRS 293C.530 is hereby amended to read as

267-22   follows:

267-23      293C.530  1.  At least 10 days before an election, the

267-24   city clerk shall cause to be mailed to each registered voter

267-25   in the city a sample ballot for his precinct with a notice

267-26   informing the voter of the location of his polling place. If

267-27   the location of the polling place has changed since the last

267-28   election:

267-29      (a) The city clerk shall mail a notice of the change to

267-30   each registered voter in the city not sooner than 10 days

267-31   before mailing the sample ballots; or

267-32      (b) The sample ballot must also include a notice in [at

267-33   least 10-point] bold type immediately above the location

267-34   which states:

 

267-35  NOTICE: THE LOCATION OF YOUR POLLING

267-36   PLACE

267-37  HAS CHANGED SINCE THE LAST ELECTION

 

267-38      2.  Except as otherwise provided in subsection 3, a

267-39   sample ballot required to be mailed pursuant to this

267-40   section must:

267-41      (a) Be printed in at least 12-point type; and

267-42      (b) Include on the front page, in a separate box

267-43   created by bold lines, a notice printed in at least 20-point

267-44   bold type that states:

268-1  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

268-2  LARGE TYPE, CALL (Insert appropriate telephone

268-3   number)

 

268-4      3.  A portion of a sample ballot that contains a

268-5   facsimile of the display area of a voting device may

268-6   include material in less than 12-point type to the extent

268-7   necessary to make the facsimile fit on the pages of the

268-8   sample ballot.

268-9      4.  The sample ballot mailed to a person who

268-10   requests a sample ballot in large type by exercising the

268-11   option provided pursuant to section 1 of this act, or in

268-12   any other manner, must be printed in at least 14-point

268-13   type, or larger when practicable.

268-14      5.  If a person requests a sample ballot in large type,

268-15   the city clerk shall ensure that all future sample ballots

268-16   mailed to that person from the city are in large type.

268-17      6.  The city clerk shall include in each sample ballot a

268-18   statement indicating that the city clerk will, upon request

268-19   of a voter who is elderly or disabled, make reasonable

268-20   accommodations to allow the voter to vote at his polling

268-21   place and provide reasonable assistance to the voter in

268-22   casting his vote, including, without limitation, providing

268-23   appropriate materials to assist the voter.

268-24      [3.] 7.  The city clerk shall include in each sample

268-25   ballot for a primary city election, a separate page on

268-26   which is printed a list of the offices and candidates for

268-27   those offices for which there is no opposition.

268-28      [4.] 8.  The cost of mailing sample ballots for a city

268-29   election must be borne by the city holding the election.

268-30      Sec. 66.5.  Chapter 408, Statutes of Nevada 2001, at

268-31   page 2004, is hereby amended by adding thereto a new

268-32   section to be designated as section 6, immediately following

268-33   section 5, to read as follows:

268-34      Sec. 6.  Sections 2 and 3 of this act become effective

268-35   at 12:01 a.m. on October 1, 2001.

268-36    3.  Chapter 581, Statutes of Nevada 2001, at page 2972, is

268-37   hereby amended by adding thereto a new section to be designated

268-38   as section 68, immediately following section 67, to read as follows:

268-39      Sec. 68.  1.  This section, sections 66.3 and 66.5 and

268-40   subsection 2 of section 67 of this act become effective on

268-41   September 30, 2001.

268-42    2.  Sections 1 to 13, inclusive, 15 to 18, inclusive, 20 to

268-43   26, inclusive, 28, 30 to 33, inclusive, 35, 36, 38 to 53,

268-44   inclusive, and 55 to 66, inclusive, and subsection 1 of section

268-45   67 of this act become effective on October 1, 2001.

269-1     3.  Sections 14, 19, 29, 34 and 54 of this act become

269-2  effective at 12:01 a.m. on October 1, 2001.

269-3     4.  Sections 27 and 37 of this act become effective at

269-4   12:02 a.m. on October 1, 2001.

269-5     Sec. 93.  Section 17 of chapter 583, Statutes of Nevada 2001,

269-6   at page 2984, is hereby amended to read as follows:

269-7      Sec. 17.  Section 21 of chapter 423, Statutes of Nevada

269-8   1999, as amended by section 85 of chapter 10, Statutes of

269-9   Nevada 2001, at page [1972,] 141, is hereby amended to read

269-10   as follows:

269-11      Sec. 21.  1.  This section and sections 1 to 9,

269-12   inclusive, of this act become effective on October 1,

269-13   1999.

269-14      2.  Sections 18 and 20 of this act become effective at

269-15   12:02 a.m. on October 1, 1999.

269-16      3.  Sections 10 to 17, inclusive, [and] 19 and 20.5 of

269-17   this act become effective on July 1, 2001.

269-18    Sec. 94.  Chapter 589, Statutes of Nevada 2001, at page 3041,

269-19   is hereby amended by adding thereto new sections to be designated

269-20   as sections 11.3 and 11.5, immediately following section 11, to read

269-21   respectively as follows:

269-22      Sec. 11.3.  Section 241 of chapter 520, Statutes of

269-23   Nevada 2001, at page 2644, is hereby amended to read as

269-24   follows:

269-25      Sec. 241.  1.  This section[,] and sections 1 to 41,

269-26   inclusive, 43 to 54, inclusive, 56, 57, 59 to 90, inclusive,

269-27   92 to 223, inclusive, 227 to 240, inclusive, and 242 of this

269-28   act become effective upon passage and approval for the

269-29   purpose of authorizing any preliminary activities

269-30   necessary to ensure that the provisions of this act are

269-31   carried out in an orderly fashion and on July 1, 2001, for

269-32   all other purposes.

269-33      2.  Sections 55, 58, 225 and 226 of this act become

269-34   effective at 12:01 a.m. on July 1, 2001.

269-35      3.  Sections 42 and 224 of this act become effective

269-36   on January 1, 2002.

269-37      Sec. 11.5.  Sections 2 and 4 of chapter 383, Statutes of

269-38   Nevada 2001, at pages 1853 and 1856, respectively, and

269-39   section 91 of chapter 520, Statutes of Nevada 2001, at page

269-40   2574, are hereby repealed.

269-41    Sec. 95.  1.  Sections 16 and 36 of chapter 593, Statutes of

269-42   Nevada 2001, at pages 3081 and 3096, respectively, are hereby

269-43   amended to read respectively as follows:

269-44      Sec. 16.  NRS 463.335 is hereby amended to read as

269-45   follows:

269-46      463.335  1.  The legislature finds that, to protect and

269-47   promote the health, safety, morals, good order and general

270-1  welfare of the inhabitants of the State of Nevada and to carry

270-2  out the policy declared in NRS 463.0129, it is necessary that

270-3   the board:

270-4      (a) Ascertain and keep itself informed of the identity,

270-5   prior activities and present location of all gaming employees

270-6   and independent agents in the State of Nevada; and

270-7      (b) Maintain confidential records of such information.

270-8     2.  Except as otherwise provided in [subsections 3 and 4,]

270-9   subsection 3, a person may not be employed as a gaming

270-10   employee or serve as an independent agent unless he is the

270-11   holder of[:

270-12      (a) A valid work permit issued in accordance with the

270-13   applicable ordinances or regulations of the county or city in

270-14   which his duties are performed and the provisions of this

270-15   chapter; or

270-16      (b) A valid work permit issued by the board, if a work

270-17   permit is not required by either the county or the city.] a

270-18   valid work permit to work as a gaming employee issued

270-19   pursuant to this section. A work permit to work as a gaming

270-20   employee may be issued by the board or by a county or city

270-21   licensing authority. An applicant for a work permit shall

270-22   file his application for a work permit with the licensing

270-23   authority of the city in which he resides if that city requires

270-24   a work permit. If the city in which he resides does not

270-25   require such a permit, the applicant shall file his

270-26   application with the licensing authority of the county in

270-27   which he resides if that county requires a work permit. If

270-28   the county in which he resides does not require such a

270-29   permit, the applicant shall file his application with the

270-30   board. The board shall, by regulation, prescribe the form

270-31   for an application for a work permit to work as a gaming

270-32   employee. The fee for such a permit may be charged only to

270-33   cover the actual investigative and administrative costs

270-34   related to processing an application for such a permit and

270-35   must not exceed $75.

270-36    3.  An independent agent is not required to hold a work

270-37   permit if he is not a resident of this state and has registered

270-38   with the board in accordance with the provisions of the

270-39   regulations adopted by the commission.

270-40    4.  [A person may be employed as a gaming employee

270-41   for an operator of a slot machine route and perform duties for

270-42   his employer in more than one county or city without

270-43   obtaining a valid work permit for each county or city in

270-44   which he performs those duties if the person holds:

270-45      (a) A valid work permit issued in accordance with the

270-46   applicable ordinances or regulations of the county or city in

271-1  which his duties are primarily performed and the provisions

271-2  of this chapter; or

271-3      (b) A valid work permit issued by the board, if a work

271-4   permit is not required by either the county or the city in

271-5   which his duties are primarily performed.

271-6     5.  A gaming employee described in subsection 4 shall

271-7   notify the licensing authority of each city and county in

271-8   which he performs duties for his employer, other than the

271-9   licensing authority that issued his valid work permit, that he

271-10   has obtained a valid work permit pursuant to subsection 4.

271-11      6.] Upon receipt of an application for a work permit to

271-12   work as a gaming employee, the board or licensing

271-13   authority shall conduct an investigation of the applicant to

271-14   determine whether he is eligible for the permit. In

271-15   conducting the investigation, the board or licensing

271-16   authority shall forward a complete set of the applicant’s

271-17   fingerprints to the central repository for Nevada records of

271-18   criminal history for submission to the Federal Bureau of

271-19   Investigation for a report concerning the criminal history

271-20  of the applicant. The investigation need not be limited solely

271-21   to consideration of the results of the report concerning the

271-22   criminal history of the applicant.

271-23    5.  A work permit issued to a gaming employee or an

271-24   independent agent must have clearly imprinted thereon a

271-25   statement that it is valid for gaming purposes only.

271-26    6.  Unless denied or objected to by the board at the time

271-27   that the permittee filed a notice of a change in his place of

271-28   employment pursuant to subsection 8 and unless suspended

271-29   or revoked, such a permit expires on the fifth anniversary

271-30   of the permittee’s birthday, measured from the birthday

271-31   nearest the date of issuance or renewal. If the date of birth

271-32   of a permittee is on February 29 in a leap year, for the

271-33   purposes of this section, his date of birth shall be deemed to

271-34   be on February 28.

271-35    7.  Whenever any person applies to a county or city

271-36   licensing authority for the issuance or renewal of a work

271-37   permit, the county or city officer or employee to whom the

271-38   application is made shall within 24 hours mail or deliver a

271-39   copy thereof to the board, and may at the discretion of the

271-40   county or city licensing authority issue a temporary work

271-41   permit that is valid for 120 days. If within 120 days after

271-42   receipt by the board of the copy of the application, the board

271-43   has not notified the county or city licensing authority of any

271-44   objection, the authority may issue, renew or deny a

271-45   permanent work permit to the applicant.

272-1     8.  A gaming employee who is issued a work permit

272-2  [must obtain renewal of the permit from the issuing agency

272-3   within 10 days following any change of his place of

272-4   employment. An independent agent who is issued a work

272-5   permit must obtain renewal of the permit from the issuing

272-6   agency within 10 days after executing an agreement to serve

272-7   as an independent agent within the jurisdiction of the issuing

272-8   agency.

272-9      8.] is eligible for employment in any licensed gaming

272-10   establishment in this state until the work permit is denied or

272-11   objected to by the board, expires or is revoked. However,

272-12   each such employee shall notify the board within 10 days

272-13   following any change of his place of employment at a

272-14   gaming establishment. Such a notification shall be deemed

272-15   an application for a work permit that the board may deny

272-16   or object to after conducting any investigations the board

272-17   deems appropriate. The provisions of subsections 9 to 16,

272-18   inclusive, apply to any such objection of the board. The

272-19   commission shall adopt regulations to:

272-20      (a) Facilitate uniform procedures for the issuance of

272-21   work permits by counties and cities;

272-22      (b) Establish uniform criteria for denial by a county or

272-23   city licensing authority of an application for a work permit;

272-24   and

272-25      (c) Provide for the creation and maintenance of a

272-26   system of records that contain information regarding the

272-27   current place of employment of each person who possesses

272-28   a valid work permit.

272-29    9.  If the board, within the 120-day period, notifies:

272-30      (a) The county or city licensing authority; and

272-31      (b) The applicant,

272-32  that the board objects to the granting of a work permit to the

272-33   applicant, the authority shall deny the work permit and shall

272-34   immediately revoke and repossess any temporary work

272-35   permit which it may have issued. The notice of objection by

272-36   the board which is sent to the applicant must include a

272-37   statement of the facts upon which the board relied in making

272-38   its objection.

272-39      [9.  Application for a work permit may be made to the

272-40   board, and may be granted or denied for any cause deemed

272-41   reasonable by the board.]

272-42      10.  Whenever an application for a work permit is made

272-43   to the board and the board denies such an application, it

272-44   shall include in its notice of the denial a statement of the

272-45   facts upon which it relied in denying the application. [Except

272-46   for a permit issued to a person pursuant to subsection 4, a

272-47   permit

273-1  issued by the board is valid only in a county or city that does

273-2  not require a work permit.

273-3      10.] 11.  Any person whose application for a work

273-4   permit has been denied because of an objection by the board

273-5   or whose application has been denied by the board may, not

273-6   later than 60 days after receiving notice of the denial or

273-7   objection, apply to the board for a hearing. A failure of a

273-8   person whose application has been denied to apply for a

273-9   hearing within 60 days or his failure to appear at a hearing of

273-10   the board conducted pursuant to this section shall be deemed

273-11   to be an admission that the denial or objection is well

273-12   founded, and the failure precludes administrative or judicial

273-13   review. At the hearing, the board shall take any testimony

273-14   deemed necessary. After the hearing the board shall review

273-15   the testimony taken and any other evidence, and shall within

273-16   45 days after the date of the hearing mail to the applicant its

273-17   decision sustaining or reversing the denial of the work permit

273-18   or the objection to the issuance of a work permit.

273-19      [11.] 12.  The board may object to the issuance of a

273-20   work permit or may refuse to issue a work permit for any

273-21   cause deemed reasonable by the board. The board may object

273-22   or refuse if the applicant has:

273-23      (a) Failed to disclose or misstated information or

273-24   otherwise attempted to mislead the board with respect to any

273-25   material fact contained in the application for the issuance or

273-26   renewal of a work permit;

273-27      (b) Knowingly failed to comply with the provisions of

273-28   this chapter or chapter 463B, 464 or 465 of NRS or the

273-29   regulations of the commission at a place of previous

273-30   employment;

273-31      (c) Committed, attempted or conspired to commit any

273-32   crime of moral turpitude, embezzlement or larceny or any

273-33   violation of any law pertaining to gaming, or any crime

273-34   which is inimical to the declared policy of this state

273-35   concerning gaming;

273-36      (d) Committed, attempted or conspired to commit a crime

273-37   which is a felony or gross misdemeanor in this state or an

273-38   offense in another state or jurisdiction which would be a

273-39   felony or gross misdemeanor if committed in this state;

273-40      (e) Been identified in the published reports of any federal

273-41   or state legislative or executive body as being a member or

273-42   associate of organized crime, or as being of notorious and

273-43   unsavory reputation;

273-44      (f) Been placed and remains in the constructive custody

273-45   of any federal, state or municipal law enforcement authority;

273-46   or

274-1      (g) Had a work permit revoked or committed any act

274-2  which is a ground for the revocation of a work permit or

274-3   would have been a ground for revoking his work permit if he

274-4   had then held a work permit.

274-5  If the board issues or does not object to the issuance of a

274-6   work permit to an applicant , [who has been convicted of a

274-7   crime which is a felony, gross misdemeanor or

274-8   misdemeanor,] it may specially limit the period for which the

274-9   permit is valid, limit the job classifications for which the

274-10   holder of the permit may be employed and establish such

274-11   individual conditions for the issuance, renewal and

274-12   effectiveness of the permit as the board deems appropriate,

274-13   including required submission to unscheduled tests for the

274-14   presence of alcohol or controlled substances.

274-15      [12.] 13.  Any applicant aggrieved by the decision of

274-16  the board may, within 15 days after the announcement of the

274-17   decision, apply in writing to the commission for review of

274-18   the decision. Review is limited to the record of the

274-19   proceedings before the board. The commission may sustain,

274-20   modify or reverse the board’s decision. The decision of the

274-21   commission is subject to judicial review pursuant to NRS

274-22   463.315 to 463.318, inclusive.

274-23      [13.] 14.  Except as otherwise provided in this

274-24   subsection, all records acquired or compiled by the board or

274-25   commission relating to any application made pursuant to this

274-26   section and all lists of persons to whom work permits have

274-27   been issued or denied and all records of the names or identity

274-28   of persons engaged in the gaming industry in this state are

274-29   confidential and must not be disclosed except in the proper

274-30   administration of this chapter or to an authorized law

274-31   enforcement agency. Upon receipt of a request from the

274-32   welfare division of the department of human resources

274-33   pursuant to NRS 425.400 for information relating to a

274-34   specific person who has applied for or holds a work permit,

274-35   the board shall disclose to the division his social security

274-36   number, residential address and current employer as that

274-37   information is listed in the files and records of the board.

274-38   Any record of the board or commission which shows that the

274-39   applicant has been convicted of a crime in another state must

274-40   show whether the crime was a misdemeanor, gross

274-41   misdemeanor, felony or other class of crime as classified by

274-42   the state in which the crime was committed. In a disclosure

274-43   of the conviction, reference to the classification of the crime

274-44   must be based on the classification in the state where it was

274-45   committed.

275-1      [14.  A work permit expires unless renewed in

275-2  accordance with subsection 7, or if the holder thereof is not

275-3   employed as a gaming employee or does not serve as an

275-4   independent agent within the jurisdiction of the issuing

275-5   authority for more than 90 days.]

275-6      15.  The chairman of the board may designate a member

275-7   of the board or the board may appoint a hearing examiner

275-8   and authorize that person to perform on behalf of the board

275-9   any of the following functions required of the board by this

275-10   section concerning work permits:

275-11      (a) Conducting a hearing and taking testimony;

275-12      (b) Reviewing the testimony and evidence presented at

275-13   the hearing;

275-14      (c) Making a recommendation to the board based upon

275-15   the testimony and evidence or rendering a decision on behalf

275-16   of the board to sustain or reverse the denial of a work permit

275-17   or the objection to the issuance or renewal of a work permit;

275-18   and

275-19      (d) Notifying the applicant of the decision.

275-20      16.  Notice by the board as provided pursuant to this

275-21   section is sufficient if it is mailed to the applicant’s last

275-22   known address as indicated on the application for a work

275-23   permit, or the record of the hearing, as the case may be. The

275-24   date of mailing may be proven by a certificate signed by an

275-25   officer or employee of the board which specifies the time the

275-26   notice was mailed. The notice shall be deemed to have been

275-27   received by the applicant 5 days after it is deposited with the

275-28   United States Postal Service with the postage thereon

275-29   prepaid.

275-30      Sec. 36.  1.  This section and sections 28 to 32,

275-31   inclusive, of this act become effective upon passage and

275-32   approval.

275-33    2.  Sections 16 and 34 of this act become effective upon

275-34   passage and approval for purposes related to the adoption

275-35   and dissemination of regulations by the Nevada gaming

275-36   commission and on January 1, 2003, for all other purposes.

275-37    3.  Sections 1 to 12, inclusive, 14, 15, 17 to 27, inclusive,

275-38   33 and 35 of this act become effective on July 1, 2001.

275-39    4.  Section 15.5 of this act becomes effective on

275-40  October 1, 2001.

275-41    5.  Section 13 of this act becomes effective on January 1,

275-42   2003.

 

 

 

 

276-1     2.  Chapter 593, Statutes of Nevada 2001, at page 3081, is

276-2  hereby amended by adding thereto a new section to be designated as

276-3   section 15.5, immediately following section 15, to read as follows:

276-4      Sec. 15.5.  NRS 463.335 is hereby amended to read as

276-5   follows:

276-6      463.335  1.  The legislature finds that, to protect and

276-7   promote the health, safety, morals, good order and general

276-8   welfare of the inhabitants of the State of Nevada and to carry

276-9   out the policy declared in NRS 463.0129, it is necessary that

276-10   the board:

276-11      (a) Ascertain and keep itself informed of the identity,

276-12   prior activities and present location of all gaming employees

276-13   and independent agents in the State of Nevada; and

276-14      (b) Maintain confidential records of such information.

276-15    2.  Except as otherwise provided in subsections 3 and 4, a

276-16   person may not be employed as a gaming employee or serve

276-17   as an independent agent unless he is the holder of:

276-18      (a) A valid work permit issued in accordance with the

276-19   applicable ordinances or regulations of the county or city in

276-20   which his duties are performed and the provisions of this

276-21   chapter; or

276-22      (b) A valid work permit issued by the board, if a work

276-23   permit is not required by either the county or the city.

276-24    3.  An independent agent is not required to hold a work

276-25   permit if he is not a resident of this state and has registered

276-26   with the board in accordance with the provisions of the

276-27   regulations adopted by the commission.

276-28    4.  A person may be employed as a gaming employee for

276-29   an operator of a slot machine route and perform duties for his

276-30   employer in more than one county or city without obtaining a

276-31   valid work permit for each county or city in which he

276-32   performs those duties if the person holds:

276-33      (a) A valid work permit issued in accordance with the

276-34   applicable ordinances or regulations of the county or city in

276-35   which his duties are primarily performed and the provisions

276-36   of this chapter; or

276-37      (b) A valid work permit issued by the board, if a work

276-38   permit is not required by either the county or the city in

276-39   which his duties are primarily performed.

276-40    5.  A gaming employee described in subsection 4 shall

276-41   notify the licensing authority of each city and county in

276-42   which he performs duties for his employer, other than the

276-43   licensing authority that issued his valid work permit, that he

276-44   has obtained a valid work permit pursuant to subsection 4.

277-1     6.  A work permit issued to a gaming employee or an

277-2  independent agent must have clearly imprinted thereon a

277-3   statement that it is valid for gaming purposes only.

277-4     7.  Whenever any person applies for the issuance or

277-5   renewal of a work permit, the county or city officer or

277-6   employee to whom the application is made shall within 24

277-7   hours mail or deliver a copy thereof to the board, and may at

277-8   the discretion of the county or city licensing authority issue a

277-9   temporary work permit [.] that is valid for 120 days. If

277-10   within [90] 120 days after receipt by the board of the copy of

277-11   the application, the board has not notified the county or city

277-12   licensing authority of any objection, the authority may issue,

277-13   renew or deny a work permit to the applicant. A gaming

277-14   employee who is issued a work permit must obtain renewal

277-15   of the permit from the issuing agency within 10 days

277-16   following any change of his place of employment. An

277-17   independent agent who is issued a work permit must obtain

277-18   renewal of the permit from the issuing agency within 10 days

277-19   after executing an agreement to serve as an independent

277-20   agent within the jurisdiction of the issuing agency.

277-21    8.  If the board, within the [90-day] 120-day period,

277-22   notifies:

277-23      (a) The county or city licensing authority; and

277-24      (b) The applicant,

277-25  that the board objects to the granting of a work permit to the

277-26   applicant, the authority shall deny the work permit and shall

277-27   immediately revoke and repossess any temporary work

277-28   permit which it may have issued. The notice of objection by

277-29   the board which is sent to the applicant must include a

277-30   statement of the facts upon which the board relied in making

277-31   its objection.

277-32    9.  Application for a work permit may be made to the

277-33   board, and may be granted or denied for any cause deemed

277-34   reasonable by the board. Whenever the board denies such an

277-35   application, it shall include in its notice of the denial a

277-36   statement of the facts upon which it relied in denying the

277-37   application. Except for a permit issued to a person pursuant

277-38   to subsection 4, a permit issued by the board is valid only in

277-39   a county or city that does not require a work permit.

277-40      10.  Any person whose application for a work permit has

277-41   been denied because of an objection by the board or whose

277-42   application has been denied by the board may, not later than

277-43   60 days after receiving notice of the denial or objection,

277-44   apply to the board for a hearing. A failure of a person whose

277-45   application has been denied to apply for a hearing within 60

277-46   days or his failure to appear at a hearing of the board

278-1  conducted pursuant to this section shall be deemed to be an

278-2  admission that the denial or objection is well founded, and the

278-3   failure precludes administrative or judicial review. At the

278-4   hearing, the board shall take any testimony deemed

278-5   necessary. After the hearing the board shall review the

278-6   testimony taken and any other evidence, and shall within 45

278-7   days after the date of the hearing mail to the applicant its

278-8   decision sustaining or reversing the denial of the work permit

278-9   or the objection to the issuance of a work permit.

278-10      11.  The board may object to the issuance of a work

278-11   permit or may refuse to issue a work permit for any cause

278-12   deemed reasonable by the board. The board may object or

278-13   refuse if the applicant has:

278-14      (a) Failed to disclose or misstated information or

278-15   otherwise attempted to mislead the board with respect to any

278-16   material fact contained in the application for the issuance or

278-17   renewal of a work permit;

278-18      (b) Knowingly failed to comply with the provisions of

278-19   this chapter or chapter 463B, 464 or 465 of NRS or the

278-20   regulations of the commission at a place of previous

278-21   employment;

278-22      (c) Committed, attempted or conspired to commit any

278-23   crime of moral turpitude, embezzlement or larceny or any

278-24   violation of any law pertaining to gaming, or any crime

278-25   which is inimical to the declared policy of this state

278-26   concerning gaming;

278-27      (d) Committed, attempted or conspired to commit a crime

278-28   which is a felony or gross misdemeanor in this state or an

278-29   offense in another state or jurisdiction which would be a

278-30   felony or gross misdemeanor if committed in this state;

278-31      (e) Been identified in the published reports of any federal

278-32   or state legislative or executive body as being a member or

278-33   associate of organized crime, or as being of notorious and

278-34   unsavory reputation;

278-35      (f) Been placed and remains in the constructive custody

278-36   of any federal, state or municipal law enforcement authority;

278-37   or

278-38      (g) Had a work permit revoked or committed any act

278-39   which is a ground for the revocation of a work permit or

278-40   would have been a ground for revoking his work permit if he

278-41   had then held a work permit.

278-42  If the board issues or does not object to the issuance of a

278-43   work permit to an applicant who has been convicted of a

278-44   crime which is a felony, gross misdemeanor or misdemeanor,

278-45   it may specially limit the period for which the permit is valid,

278-46   limit the job classifications for which the holder of the permit

279-1  may be employed and establish such individual conditions for

279-2  the issuance, renewal and effectiveness of the permit as the

279-3   board deems appropriate, including required submission to

279-4   unscheduled tests for the presence of alcohol or controlled

279-5   substances.

279-6      12.  Any applicant aggrieved by the decision of the board

279-7   may, within 15 days after the announcement of the decision,

279-8   apply in writing to the commission for review of the

279-9   decision. Review is limited to the record of the proceedings

279-10   before the board. The commission may sustain, modify or

279-11   reverse the board’s decision. The decision of the commission

279-12   is subject to judicial review pursuant to NRS 463.315 to

279-13   463.318, inclusive.

279-14      13.  Except as otherwise provided in this subsection, all

279-15   records acquired or compiled by the board or commission

279-16   relating to any application made pursuant to this section and

279-17   all lists of persons to whom work permits have been issued

279-18   or denied and all records of the names or identity of persons

279-19   engaged in the gaming industry in this state are confidential

279-20   and must not be disclosed except in the proper administration

279-21   of this chapter or to an authorized law enforcement agency.

279-22   Upon receipt of a request from the welfare division of the

279-23   department of human resources pursuant to NRS 425.400 for

279-24   information relating to a specific person who has applied for

279-25   or holds a work permit, the board shall disclose to the

279-26   division his social security number, residential address and

279-27   current employer as that information is listed in the files and

279-28   records of the board. Any record of the board or commission

279-29   which shows that the applicant has been convicted of a crime

279-30   in another state must show whether the crime was a

279-31   misdemeanor, gross misdemeanor, felony or other class of

279-32   crime as classified by the state in which the crime was

279-33   committed. In a disclosure of the conviction, reference to the

279-34   classification of the crime must be based on the classification

279-35   in the state where it was committed.

279-36      14.  A work permit expires unless renewed in accordance

279-37   with subsection 7, or if the holder thereof is not employed as

279-38   a gaming employee or does not serve as an independent

279-39   agent within the jurisdiction of the issuing authority for more

279-40   than 90 days.

279-41      15.  The chairman of the board may designate a member

279-42   of the board or the board may appoint a hearing examiner

279-43   and authorize that person to perform on behalf of the board

279-44   any of the following functions required of the board by this

279-45   section concerning work permits:

279-46      (a) Conducting a hearing and taking testimony;

280-1      (b) Reviewing the testimony and evidence presented at

280-2  the hearing;

280-3      (c) Making a recommendation to the board based upon

280-4   the testimony and evidence or rendering a decision on behalf

280-5   of the board to sustain or reverse the denial of a work permit

280-6   or the objection to the issuance or renewal of a work permit;

280-7   and

280-8      (d) Notifying the applicant of the decision.

280-9      16.  Notice by the board as provided pursuant to this

280-10   section is sufficient if it is mailed to the applicant’s last

280-11   known address as indicated on the application for a work

280-12   permit, or the record of the hearing, as the case may be. The

280-13   date of mailing may be proven by a certificate signed by an

280-14   officer or employee of the board which specifies the time the

280-15   notice was mailed. The notice shall be deemed to have been

280-16   received by the applicant 5 days after it is deposited with the

280-17   United States Postal Service with the postage thereon

280-18   prepaid.

280-19    Sec. 96.  Section 4 of chapter 595, Statutes of Nevada 2001, at

280-20   page 3102, is hereby amended to read as follows:

280-21      Sec. 4.  NRS 244.3605 is hereby amended to read as

280-22   follows:

280-23      244.3605  1.  Notwithstanding the provisions of NRS

280-24   244.360 and 244.3601, the board of county commissioners of

280-25   a county may adopt by ordinance procedures pursuant to

280-26   which the board or its designee may order an owner of

280-27   property within the county to:

280-28      (a) Repair, safeguard or [demolish] eliminate a dangerous

280-29   structure [;]or condition;

280-30      (b) Clear debris, rubbish and refuse which is not subject

280-31   to the provisions of chapter 459 of NRS; or

280-32      (c) Clear weeds and noxious plant growth,

280-33  to protect the public health, safety and welfare of the

280-34   residents of the county.

280-35    2.  An ordinance adopted pursuant to subsection 1 must:

280-36      (a) Contain procedures pursuant to which the owner of

280-37   the property is:

280-38        (1) Sent notice, by certified mail, return receipt

280-39   requested, of the existence on his property of a condition set

280-40   forth in subsection 1 and the date by which he must abate the

280-41   condition; and

280-42        (2) Afforded an opportunity for a hearing before the

280-43   designee of the board and an appeal of that decision to the

280-44   board.

280-45      (b) Provide that the date specified in the notice by which

280-46   the owner must abate the condition is tolled for the period

281-1  during which the owner requests a hearing and receives a

281-2  decision.

281-3      (c) Provide the manner in which the county will recover

281-4   money expended [for labor and materials used] to abate the

281-5   condition on the property if the owner fails to abate the

281-6   condition.

281-7      (d) Provide for civil penalties for each day that the owner

281-8   did not abate the condition after the date specified in the

281-9   notice by which the owner was required to abate the

281-10   condition.

281-11    3.  The board or its designee may direct the county to

281-12   abate the condition on the property and may recover the

281-13   amount expended by the county for labor and materials used

281-14   to abate the condition if:

281-15      (a) The owner has not requested a hearing within the time

281-16   prescribed in the ordinance adopted pursuant to subsection 1

281-17   and has failed to abate the condition on his property within

281-18   the period specified in the notice ; [.]

281-19      (b) After a hearing in which the owner did not prevail, the

281-20   owner has not filed an appeal within the time prescribed in

281-21   the ordinance adopted pursuant to subsection 1 and has failed

281-22   to abate the condition within the period specified in the order

281-23   [.]; or

281-24      (c) The board has denied the appeal of the owner and the

281-25   owner has failed to abate the condition within the period

281-26   specified in the order.

281-27    4.  In addition to any other reasonable means of

281-28   recovering money expended by the county to abate the

281-29   condition, the board may [provide that] make the expense [is

281-30   a lien upon] a special assessment against the property upon

281-31   which [such a] the condition is located. The [lien must be

281-32   perfected by:

281-33      (a) Mailing by certified mail a notice of the lien,

281-34   separately prepared for each lot affected, addressed to the last

281-35   known owner of the property at his last known address, as

281-36   determined by the real property assessment roll in the county

281-37   in which the property is located; and

281-38      (b) Recording with the county recorder of the county in

281-39   which the property is located, a statement of the amount due

281-40   and unpaid and describing the property subject to the lien.]

281-41   special assessment may be collected pursuant to the

281-42   provisions set forth in subsection 4 of NRS 244.360.

281-43    5.  As used in this section, “dangerous structure or

281-44   condition” means a structure or condition that may cause

281-45   injury to or endanger the health, life, property or safety of

281-46   the general public or the occupants, if any, of the real

282-1  property on which the structure or condition is located. The

282-2  term includes, without limitation, a structure or condition

282-3   that:

282-4      (a) Does not meet the requirements of a code or

282-5   regulation adopted pursuant to NRS 244.3675 with respect

282-6   to minimum levels of health or safety; or

282-7      (b) Violates an ordinance, rule or regulation regulating

282-8   health and safety enacted, adopted or passed by the board

282-9   of county commissioners of a county, the violation of which

282-10   is designated as a nuisance in the ordinance, rule or

282-11   regulation.

282-12    Sec. 97.  Sections 2, 6 and 9 of chapter 597, Statutes of Nevada

282-13   2001, at pages 3110, 3112 and 3114, respectively, are hereby

282-14   amended to read respectively as follows:

282-15      Sec. 2.  NRS 2.060 is hereby amended to read as

282-16   follows:

282-17      2.060  1.  Any justice of the supreme court who has

282-18   served as a justice or judge of a district court in any one or

282-19   more of those courts for a period or periods aggregating 22

282-20   years and has ended such service is, after reaching the age of

282-21   60 years, entitled to receive annually from the State of

282-22   Nevada, as a pension during the remainder of his life, a sum

282-23   of money equal in amount to three-fourths the sum received

282-24   as a salary for his judicial services during the last year

282-25   thereof, payable monthly from the judicial retirement fund

282-26   established pursuant to section 13 of [this act.] Assembly Bill

282-27   No. 4 of the 17th special session of the Nevada Legislature.

282-28    2.  Any justice of the supreme court who has served as a

282-29   justice or judge of a district court in any one or more of those

282-30   courts for a period or periods aggregating 5 years and has

282-31   ended such service is, after reaching the age of 60 years,

282-32   entitled to receive annually from the State of Nevada, as a

282-33   pension during the remainder of his life, a sum of money

282-34   equal in amount to 4.1666 percent of the sum received as a

282-35   salary for his judicial services during the last year thereof,

282-36   payable monthly from the judicial retirement fund

282-37   established pursuant to section 13 of [this act.] Assembly Bill

282-38   No. 4 of the 17th special session of the Nevada Legislature.

282-39    3.  Any justice of the supreme court who qualifies for a

282-40   pension under the provisions of subsection 2 is entitled to

282-41   receive, for each year served beyond 5 years up to a

282-42   maximum of 22 years, an additional 4.1666 percent of the

282-43   sum received as a salary for his judicial services during the

282-44   last year thereof, payable as provided in subsection 2.

282-45    4.  Any justice who has retired pursuant to subsection 3

282-46   and is thereafter recalled to additional active service in the

283-1  court system is entitled to receive credit toward accumulating

283-2  22 years’ service for the maximum pension based upon the

283-3   time he actually spends in the additional active service.

283-4     5.  Any justice who has the years of service necessary to

283-5   retire but has not attained the required age may retire at any

283-6   age with a benefit actuarially reduced to the required

283-7   retirement age. A benefit under this subsection must be

283-8   reduced in the same manner as benefits are reduced for

283-9   persons retired under the public employees’ retirement

283-10   system.

283-11    6.  Any person receiving a pension pursuant to the

283-12   provisions of this section is entitled to receive post

283-13  -retirement increases equal to those provided for persons

283-14   retired under the public employees’ retirement system.

283-15    7.  Any justice who desires to receive the benefits of this

283-16   section must file with the executive officer of the public

283-17   employees’ retirement board an affidavit setting forth the

283-18   fact that he is ending his service, the date and place of his

283-19   birth, and the years he has served in any district court or the

283-20   supreme court.

283-21    8.  The faith of the State of Nevada is hereby pledged

283-22   that this section shall not be repealed or amended so as to

283-23   affect any justice who may have ended his service pursuant

283-24   to it.

283-25    9.  As used in this section, “salary” includes a salary

283-26   received for service on a supreme court commission created

283-27   by statute.

283-28      Sec. 6.  NRS 3.090 is hereby amended to read as

283-29   follows:

283-30      3.090  1.  Any judge of the district court who has served

283-31   as a justice of the supreme court or judge of a district court in

283-32   any one or more of those courts for a period or periods

283-33   aggregating 22 years and has ended such service is, after

283-34   reaching the age of 60 years, entitled to receive annually

283-35   from the State of Nevada, as a pension during the remainder

283-36   of his life, a sum of money equal in amount to three-fourths

283-37   the sum received as a salary for his judicial services during

283-38   the last year thereof, payable monthly from the judicial

283-39   retirement fund established pursuant to section 13 of [this

283-40   act.] Assembly Bill No. 4 of the 17th special session of the

283-41   Nevada Legislature.

283-42    2.  Any judge of the district court who has served as a

283-43   justice of the supreme court or judge of a district court in any

283-44   one or more of those courts for a period or periods

283-45   aggregating 5 years and has ended such service is, after

283-46   reaching the age of 60 years, entitled to receive annually

283-47   from

284-1  the State of Nevada, as a pension during the remainder of his

284-2  life, a sum of money equal in amount to 4.1666 percent of the

284-3   sum received as a salary for his judicial services during the

284-4   last year thereof, payable monthly from the judicial

284-5   retirement fund established pursuant to section 13 of [this

284-6   act.] Assembly Bill No. 4 of the 17th special session of the

284-7   Nevada Legislature.

284-8     3.  Any judge of the district court who qualifies for a

284-9   pension under the provisions of subsection 2 is entitled to

284-10   receive, for each year served beyond 5 years up to a

284-11   maximum of 22 years, an additional 4.1666 percent of the

284-12   sum received as a salary for his judicial services during the

284-13   last year thereof, payable as provided in subsection 2.

284-14    4.  Any judge who has retired pursuant to subsection 3

284-15   and is thereafter recalled to additional active service in the

284-16   court system is entitled to receive credit toward accumulating

284-17   22 years’ service for the maximum pension based upon the

284-18   time he actually spends in the additional active service.

284-19    5.  Any district judge who has the years of service

284-20   necessary to retire but has not attained the required age may

284-21   retire at any age with a benefit actuarially reduced to the

284-22   required retirement age. A retirement benefit under this

284-23   subsection must be reduced in the same manner as benefits

284-24   are reduced for persons retired under the public employees’

284-25   retirement system.

284-26    6.  Any person receiving a pension pursuant to the

284-27   provisions of this section is entitled to receive post

284-28  -retirement increases equal to those provided for persons

284-29   retired in the public employees’ retirement system.

284-30    7.  Any judge of the district court who desires to receive

284-31   the benefits of this section must file with the executive

284-32   officer of the public employees’ retirement board an affidavit

284-33   setting forth the fact that he is ending his service, the date

284-34   and place of his birth, and the years he has served in any

284-35   district court or the supreme court.

284-36    8.  The faith of the State of Nevada is hereby pledged

284-37   that this section shall not be repealed or amended so as to

284-38   affect any judge of the district court who may have ended his

284-39   service pursuant to it.

284-40    9.  As used in this section, “salary” includes a salary

284-41   received for service on a district court commission created

284-42   by statute.

284-43      Sec. 9.  1.  This section and sections 1, 5 and 7 of this

284-44   act become effective on October 1, 2001.

284-45    2.  Section 8 of this act becomes effective on July 1,

284-46   2002.

285-1     3.  [Sections 2 and] Section 2 of this act becomes

285-2  effective at 12:01 a.m. on January 1, 2003, and expires by

285-3   limitation on December 31, 2006.

285-4     4.  Section 3 of this act [become] becomes effective on

285-5   January 6, 2003, and [expire] expires by limitation on

285-6   December 31, 2006.

285-7      [4.  Sections 4 and]

285-8     5.  Section6 of this act [become] becomes effective at

285-9   12:01 a.m. on January 1, 2003, and expires by limitation on

285-10   January 2, 2005.

285-11    6.  Section 4 of this act becomes effective on January 6,

285-12   2003, and [expire] expires by limitation on January 2, 2005.

285-13    Sec. 98.  Sections 38, 43, 64 and 75 of chapter 599, Statutes of

285-14   Nevada 2001, at pages 3149, 3151, 3165 and 3168, respectively,

285-15   are hereby amended to read respectively as follows:

285-16      Sec. 38.  “Program of distance education” means a

285-17   program comprised of one or more courses of distance

285-18   education that is designed for pupils who:

285-19    1.  Are participating in a program for pupils who are at

285-20   risk of dropping out of high school pursuant to

285-21  NRS 388.537.

285-22    2.  Are participating in a program of independent study

285-23   pursuant to NRS 389.155.

285-24    3.  Are enrolled in a public school that does not offer

285-25   advanced or specialized courses.

285-26    4.  Have a physical or mental condition that would

285-27   otherwise require an excuse from compulsory attendance

285-28   pursuant to NRS 392.050.

285-29    5.  Would otherwise be excused from compulsory

285-30   attendance pursuant to NRS 392.080.

285-31    6.  Are otherwise prohibited from attending public

285-32   school pursuant to NRS 392.264, 392.4642 to 392.4648,

285-33   inclusive, 392.466, 392.467 or 392.4675.

285-34    7.  Are otherwise permitted to enroll in a program of

285-35   distance education provided by the board of trustees of a

285-36   school district if the board of trustees determines that

285-37   special circumstances warrant enrollment for the pupil.

285-38    8.  Are otherwise permitted to enroll in a program of

285-39   distance education provided by the governing body of a

285-40   charter school if the governing body of the charter school

285-41   determines that special circumstances warrant enrollment

285-42   for the pupil.

285-43      Sec. 43.  1.  A pupil may enroll in a program of

285-44   distance education only if the pupil satisfies the

285-45   requirements of any other applicable statute and the pupil:

286-1      (a) Is participating in a program for pupils at risk of

286-2  dropping out of high school pursuant to NRS 388.537;

286-3      (b) Is participating in a program of independent study

286-4   pursuant to NRS 389.155;

286-5      (c) Is enrolled in a public school that does not offer

286-6   certain advanced or specialized courses that the pupil

286-7   desires to attend;

286-8      (d) Has a physical or mental condition that would

286-9   otherwise require an excuse from compulsory attendance

286-10   pursuant to NRS 392.050;

286-11      (e) Would otherwise be excused from compulsory

286-12   attendance pursuant to NRS 392.080;

286-13      (f) Is otherwise prohibited from attending public school

286-14   pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive,

286-15   392.466, 392.467 or 392.4675;

286-16      (g) Is otherwise permitted to enroll in a program of

286-17   distance education provided by the board of trustees of a

286-18   school district if the board of trustees determines that the

286-19   circumstances warrant enrollment for the pupil; or

286-20      (h) Is otherwise permitted to enroll in a program of

286-21   distance education provided by the governing body of a

286-22   charter school if the governing body of the charter school

286-23   determines that the circumstances warrant enrollment for

286-24   the pupil.

286-25    2.  In addition to the eligibility for enrollment set forth

286-26   in subsection 1, a pupil must satisfy the qualifications and

286-27   conditions for enrollment in a program of distance

286-28   education adopted by the state board pursuant to section 49

286-29   of this act.

286-30    3.  A child who is exempt from compulsory attendance

286-31   and receiving equivalent instruction authorized by the state

286-32   board pursuant to subsection 1 of NRS 392.070 is not

286-33   eligible to enroll in or otherwise attend a program of

286-34   distance education, regardless of whether he is otherwise

286-35   eligible for enrollment pursuant to subsection 1.

286-36    4.  If a pupil who is prohibited from attending public

286-37   school pursuant to NRS 392.264 enrolls in a program of

286-38   distance education, the enrollment and attendance of that

286-39   pupil must comply with all requirements of NRS 62.405 to

286-40   62.485, inclusive, and 392.251 to 392.271, inclusive.

286-41    5.  If a pupil is eligible for enrollment in a program of

286-42   distance education pursuant to paragraph (c) of subsection

286-43   1, he may enroll in the program of distance education only

286-44   to take those advanced or specialized courses that are not

286-45   offered at the public school he otherwise attends.

287-1      Sec. 64.  Section 60 of chapter 606, Statutes of Nevada

287-2  1999, as amended by section 129 of chapter 10, Statutes of

287-3   Nevada 2001, at page [3324,] 238, is hereby amended to read

287-4   as follows:

287-5      Sec. 60.  1.  This section , [and] sections 54.1, 54.2,

287-6   56 and 57 of this act, and subsection 1 of section 55 of

287-7   this act[,] become effective upon passage and approval.

287-8      2.  Sections 1 to 12, inclusive, 13 to 16, inclusive, 18

287-9   to 24, inclusive, 26 to 45, inclusive, 47 to 54, inclusive,

287-10   and 58 and 59 of this act become effective on July 1,

287-11   1999.

287-12      3.  Sections 17, 25 and 46 of this act become effective

287-13   at 12:01 a.m. on July 1, 1999.

287-14      4.  [Section 12.5 of this act becomes effective on

287-15  July 1, 2001.

287-16      5.]  Subsection 2 of section 55 of this act becomes

287-17   effective on July 1, [2003.

287-18      6.] 2006.

287-19      5.  Section 32 of this act expires by limitation on

287-20  June 30, 2003.

287-21      Sec. 75.  1.  This section and sections 24, 64, 64.5, 66 ,

287-22   [and] 67 and 74 of this act become effective upon passage

287-23   and approval.

287-24    2.  Sections 3 to 12, inclusive, 14, 16 to 19, inclusive, 21,

287-25   22, 23, 27, 28, 49, 56, 60 to 63, inclusive, 65, and 68 to [74,]

287-26   73, inclusive, of this act become effective on July 1, 2001.

287-27    3.  [Sections 57 and 64.5] Section 57 of this act [become]

287-28   becomes effective at 12:01 a.m. on July 1, 2001.

287-29    4.  Sections 1, 2, 13, 15, 20, 25, 26, 29, 30 to 48,

287-30   inclusive, 50 to 55, inclusive, 58 and 59 of this act become

287-31   effective on July 1, 2002.

287-32    Sec. 99.  1.  Sections 54 and 63 of chapter 601, Statutes of

287-33   Nevada 2001, at pages 3196 and 3200, respectively, are hereby

287-34   amended to read respectively as follows:

287-35      Sec. 54.  (Deleted by amendment.)

287-36      Sec. 63.  1.  This section and sections 1, 2, 3, 8, 9, 47[,

287-37   59, 60, 61] and 59 to 62 , inclusive, of this act become

287-38   effective upon passage and approval.

287-39    2.  Sections 5, 6, 12, 13 , 15 to 19, inclusive, 20, 21, 22,

287-40   25 to 31, inclusive, 35 to 39, inclusive, 41 to 45, inclusive,

287-41   and [47] 48 to 53, inclusive, of this act become effective:

287-42      (a) Upon passage and approval for the purpose of

287-43   adopting regulations and performing any other preparatory

287-44   administrative tasks that are necessary to carry out the

287-45   provisions of this act; and

287-46      (b) On August 1, 2001, for all other purposes.

288-1     3.  Sections 1.5, 4, 7, 8.5, 10, 11, 14, 19.5, 23, 24, 32, 33,

288-2  34, 40, 46 and 54 to 58, inclusive, of this act become

288-3   effective:

288-4      (a) Upon passage and approval for the purpose of

288-5   adopting regulations and performing any other preparatory

288-6   administrative tasks that are necessary to carry out the

288-7   provisions of this act; and

288-8      (b) At 12:01 a.m. on August 1, 2001, for all other

288-9   purposes.

288-10    2.  Chapter 601, Statutes of Nevada 2001, at page 3199, is

288-11   hereby amended by adding thereto a new section to be designated

288-12   as section 59.5, immediately following section 59, to read as

288-13   follows:

288-14      Sec. 59.5.  Sections 46, 70 and 94 of chapter 296,

288-15   Statutes of Nevada 2001, at pages 1382, 1387 and 1397,

288-16   respectively, are hereby repealed.

288-17    Sec. 100.  1.  Section 16 of chapter 602, Statutes of Nevada

288-18   2001, at page 3207, is hereby amended to read as follows:

288-19      Sec. 16.  NRS 345.025 is hereby amended to read as

288-20   follows:

288-21      345.025  Within the limits of legislative appropriations,

288-22   specifically made for such purpose, the director of the

288-23   legislative counsel bureau may contract with a private

288-24   printing firm for the reproduction by printing or other

288-25   reproductive process of volumes of Nevada Reports or

288-26   Statutes of Nevada which are out of print or of limited

288-27   supply in the office of the legislative counsel bureau if the

288-28   price quoted by the firm for such services is lower than the

288-29   price quoted by the superintendent of the state printing

288-30   division of the department of administration. Such

288-31   reproduced volumes may be bound so as to contain one or

288-32   more volumes of the original Nevada Reports or Statutes of

288-33   Nevada and must be sold to the public at the prices

288-34   established pursuant to NRS 345.050. The proceeds of such

288-35   sales of Nevada Reports must be deposited by the director of

288-36   the legislative counsel bureau with the state treasurer for

288-37   credit to the state general fund.

288-38    2.  Chapter 602, Statutes of Nevada 2001, at page 3203, is

288-39   hereby amended by adding thereto a new section to be designated

288-40   as section 6.5, immediately following section 6, to read as follows:

288-41      Sec. 6.5.  NRS 218.247 is hereby amended to read as

288-42   follows:

288-43      218.247  1.  The legislative counsel and the legal

288-44   division of the legislative counsel bureau shall prepare and

288-45   assist in the preparation of legislative measures at the request

288-46   of the supreme court if the legislative measures are

288-47   transmitted to the legislative counsel on or before

288-48  September 1 preceding the commencement of the next regular

289-1  session of the legislature. The supreme court may transmit to

289-2  the legislative counsel pursuant to this section not more than

289-3   16 legislative measures on behalf of the supreme court and

289-4   district courts of this state and not more than 4 legislative

289-5   measures on behalf of the municipal courts and justices’

289-6   courts of this state.

289-7     2.  Every requested legislative measure must set forth the

289-8   substance of the provisions desired or which may be needed

289-9   with the reasons therefor.

289-10    3.  The legislative counsel shall transmit any legislative

289-11   measure prepared pursuant to this section to the chairman of

289-12   the committee on judiciary of each house at the next regular

289-13   session of the legislature.

289-14    3.  Chapter 602, Statutes of Nevada 2001, at page 3208, is

289-15   hereby amended by adding thereto a new section to be designated

289-16   as section 16.5, immediately following section 16, to read as

289-17   follows:

289-18      Sec. 16.5.  Section 4 of chapter 417, Statutes of Nevada

289-19   2001, at page 2118, is hereby amended to read as follows:

289-20      Sec. 4.  Chapter 218 of NRS is hereby amended by

289-21   adding thereto a new section to read as follows:

289-22      1.  The legislative counsel and the legal division of

289-23   the legislative counsel bureau shall prepare and assist in

289-24   the preparation of legislative measures at the request of

289-25   a regional planning coalition if the legislative measures

289-26   are transmitted to the legislative counsel on or before

289-27   September 1 preceding the commencement of the next

289-28   regular session of the legislature. A regional planning

289-29   coalition may transmit to the legislative counsel

289-30   pursuant to this section not more than one legislative

289-31   measure for a regular legislative session.

289-32      2.  Every requested legislative measure must set

289-33   forth the substance of the provisions which are desired

289-34   or which may be needed with the reasons therefor.

289-35      3.  As used in this section, “regional planning

289-36   coalition” has the meaning ascribed to it in

289-37  NRS 278.0172.

289-38    Sec. 101.  Sections 1.5, 3, 6.5, 9, 9.3, 12 and 16 of chapter 603,

289-39   Statutes of Nevada 2001, at pages 3209, 3210, 3213, 3216, 3218

289-40   and 3221, are hereby amended to read respectively as follows:

289-41      Sec. 1.5.  NRS 247.305 is hereby amended to read as

289-42   follows:

289-43      247.305  1.  If another statute specifies the fee to be

289-44   charged for a service, county recorders shall charge and

289-45   collect only the fee specified. Otherwise county recorders

289-46   shall charge and collect the following fees:

289-47  For recording any document, for the first page[$7] $10

290-1  For each additional page$1

290-2  For recording each portion of a document which

290-3   must be separately indexed, after the first

290-4   indexing3

290-5  For copying any record, for each page1

290-6  For certifying, including certificate and seal4

290-7  For a certified copy of a certificate of marriage[7] 10

290-8  For a certified abstract of a certificate of

290-9   marriage[7] 10

290-10    2.  Except as otherwise provided in this subsection, a

290-11   county recorder may charge and collect, in addition to any

290-12   fee that a county recorder is otherwise authorized to charge

290-13   and collect, an additional fee not to exceed $3 for recording

290-14   a document, instrument, paper, notice, deed, conveyance,

290-15   map, chart, survey or any other writing. A county recorder

290-16   may not charge the additional fee authorized in this

290-17   subsection for recording the originally signed copy of a

290-18   certificate of marriage described in NRS 122.120. On or

290-19   before the fifth day of each month, the county recorder

290-20   shall pay to the county treasurer the amount of fees

290-21   collected by him pursuant to this subsection for credit to the

290-22   account established pursuant to section 1 of this act.

290-23    3.  Except as otherwise provided in this subsection, a

290-24   county recorder shall charge and collect, in addition to any

290-25   fee that a county recorder is otherwise authorized to charge

290-26   and collect, an additional fee of $1 for recording a

290-27   document, instrument, paper, notice, deed, conveyance,

290-28   map, chart, survey or any other writing. A county recorder

290-29   shall not charge the additional fee authorized in this

290-30   subsection for recording the originally signed copy of a

290-31   certificate of marriage described in NRS 122.120. On or

290-32   before the fifth day of each month, the county recorder

290-33   shall pay to the county treasurer the amount of fees

290-34   collected by him pursuant to this subsection. On or before

290-35   the 15th day of each month, the county treasurer shall

290-36   remit the money received by him pursuant to this

290-37   subsection to the state treasurer for credit to the account to

290-38   assist persons formerly in foster care established pursuant

290-39   to section 14.5 of this act.

290-40    4.  Except as otherwise provided in subsection [3,] 5, a

290-41   county recorder shall not charge or collect any fees for any of

290-42   the services specified in this section when rendered by him

290-43   to:

290-44      (a) The county in which his office is located.

290-45      (b) The State of Nevada or any city or town within the

290-46   county in which his office is located, if the document being

290-47   recorded:

291-1         (1) Conveys to the state, or to that city or town, an

291-2  interest in land;

291-3         (2) Is a mortgage or deed of trust upon lands within

291-4   the county which names the state or that city or town as

291-5   beneficiary;

291-6         (3) Imposes a lien in favor of the state or that city or

291-7   town; or

291-8         (4) Is a notice of the pendency of an action by the state

291-9   or that city or town.

291-10      [3.] 5.  A county recorder shall charge and collect the

291-11   fees specified in this section for copying of any document at

291-12   the request of the State of Nevada, and any city or town

291-13   within the county. For copying, and for his certificate and

291-14   seal upon the copy, the county recorder shall charge the

291-15   regular fee.

291-16      [4.] 6.  For purposes of this section, “State of Nevada,”

291-17   “county,” “city” and “town” include any department or

291-18   agency thereof and any officer thereof in his official

291-19   capacity.

291-20      [5.] 7.  Except as otherwise provided in subsection 2 or

291-21   3 or by an ordinance adopted pursuant to the provisions of

291-22   NRS 244.207, county recorders shall, on or before the fifth

291-23   working day of each month, account for and pay to the

291-24   county treasurer all such fees collected during the preceding

291-25   month.

291-26      Sec. 3.  NRS 248.275 is hereby amended to read as

291-27   follows:

291-28      248.275  1.  The sheriff of each county in this state may

291-29   charge and collect the following fees:

291-30  For serving a summons or complaint, or any

291-31   other process, by which an action or proceeding

291-32   is commenced, except as a writ of habeas

291-33   corpus, on every defendant[$15] $17

291-34  For traveling and making such service, per mile

291-35   in going only, to be computed in all cases the

291-36   distance actually traveled, for each mile[1] 2

291-37  If any two or more papers are required to be

291-38   served in the same suit at the same time, where

291-39   parties live in the same direction, one mileage

291-40   only may be charged.

291-41  For taking a bond or undertaking in any case in

291-42   which he is authorized to take a bond or

291-43   undertaking[4] 5

291-44  For a copy of any writ, process or other paper, if

291-45   demanded or required by law, for each page[2] 3

291-46  For serving every rule or order15

292-1  For serving one notice required by law before

292-2  the commencement of a proceeding for any type

292-3   of eviction[15] $26

292-4  For serving not fewer than 2 nor more than 10

292-5   such notices to the same location, each notice[12] 20

292-6  For serving not fewer than 11 nor more than 24

292-7   such notices to the same location, each notice[10] 17

292-8  For serving 25 or more such notices to the same

292-9   location, each notice[9] 15

292-10  For mileage in serving such a notice, for each

292-11   mile necessarily and actually traveled in going

292-12   only[1] 2

292-13  But if two or more notices are served at the

292-14   same general location during the same period,

292-15   mileage may only be charged for the service of

292-16   one notice.

292-17  For serving a subpoena, for each witness

292-18   summoned15

292-19  For traveling, per mile in serving subpoenas, or a

292-20   venire, in going only, for each mile[1] 2

292-21  When two or more witnesses or jurors live in

292-22   the same direction, traveling fees must be

292-23   charged only for the most distant.

292-24  For serving an attachment on property, or

292-25   levying an execution, or executing an order of

292-26   arrest or order for the delivery of personal

292-27   property, together with traveling fees, as in

292-28   cases of summons15

292-29  For making and posting notices and advertising

292-30   for sale, on execution or any judgment or order

292-31   of sale, not to include the cost of publication in

292-32   a newspaper15

292-33  For issuing each certificate of sale of property on

292-34   execution or order of sale, and for recording the

292-35   original certificate with the county recorder,

292-36   which must be collected from the party

292-37   receiving the certificate[3] 5

292-38  For drawing and executing every sheriff’s deed,

292-39   to be paid by the grantee, who shall in addition

292-40   pay for the acknowledgment thereof[12] 20

292-41  For serving a writ of possession or restitution,

292-42   putting any person into possession entitled

292-43   thereto[15] 21

 

 

293-1  For traveling in the service of any process, not

293-2  otherwise provided in this section, for each mile

293-3   necessarily traveled, for going only, for each

293-4   mile[1] $2

293-5  For mailing a notice of a writ of execution[1] 2

293-6  The sheriff may charge and collect [$1] $2 per mile traveled,

293-7   for going only, on all papers not served, where reasonable

293-8   effort has been made to effect service, but not to exceed $20.

293-9     2.  The sheriff may also charge and collect:

293-10      (a) For commissions for receiving and paying over money

293-11   on execution or process, where lands or personal property

293-12   have been levied on, advertised or sold, on the first $500, 4

293-13   percent; on any sum in excess of $500, and not exceeding

293-14   $1,000, 2 percent; on all sums above that amount, 1 percent.

293-15      (b) For commissions for receiving and paying over money

293-16   on executions without levy, or where the lands or goods

293-17   levied on are not sold, on the first $3,500, 2 percent, and on

293-18   all amounts over that sum, one-half of 1 percent.

293-19      (c) For service of any process in a criminal case, or of a

293-20   writ of habeas corpus, the same mileage as in civil cases, to

293-21   be allowed, audited and paid as are other claims against the

293-22   county.

293-23      (d) For all services in justices’ courts, the same fees as are

293-24   allowed in subsection 1 and paragraphs (a), (b) and (c) of this

293-25   subsection.

293-26    3.  The sheriff is also entitled to further compensation for

293-27   his trouble and expense in taking possession of property

293-28   under attachment, execution or other process and of

293-29   preserving the property, as the court from which the writ or

293-30   order may issue certifies to be just and reasonable.

293-31    4.  In service of a subpoena or a venire in criminal cases,

293-32   the sheriff is entitled to receive mileage for the most distant

293-33   only, where witnesses and jurors live in the same direction.

293-34    5.  The fees allowed for the levy of an execution, for

293-35   advertising and for making and collecting money on an

293-36   execution or order of sale, must be collected from the

293-37   defendants, by virtue of the execution or order of sale, in the

293-38   same manner as the execution is directed to be made.

293-39    6.  Except as otherwise provided by an ordinance

293-40   adopted pursuant to the provisions of NRS 244.207, all fees

293-41   collected by a sheriff must be paid into the county treasury of

293-42   his county on or before the fifth working day of the month

293-43   next succeeding the month in which the fees are collected.

 

 

294-1      Sec. 6.5.  NRS 4.060 is hereby amended to read as

294-2  follows:

294-3      4.060  1.  Except as otherwise provided in this section

294-4   and NRS 33.017 to 33.100, inclusive, and section 1 of

294-5   Assembly Bill No. 581 of this session, each justice of the

294-6   peace shall charge and collect the following fees:

294-7      (a) On the commencement of any action or proceeding in

294-8   the justice’s court, other than in actions commenced pursuant

294-9   to chapter 73 of NRS, to be paid by the party commencing

294-10   the action:

294-11  If the sum claimed does not exceed $1,000$28.00

294-12  If the sum claimed exceeds $1,000 but does not

294-13   exceed $2,50050.00

294-14  If the sum claimed exceeds $2,500 but does not

294-15   exceed $4,500100.00

294-16  If the sum claimed exceeds $4,500 but does not

294-17   exceed $6,500125.00

294-18  If the sum claimed exceeds $6,500 but does not

294-19   exceed $7,500150.00

294-20  In all other civil actions28.00

294-21      (b) For the preparation and filing of an affidavit and order

294-22   in an action commenced pursuant to chapter 73 of NRS:

294-23  If the sum claimed does not exceed $1,00025.00

294-24  If the sum claimed exceeds $1,000 but does not

294-25   exceed $2,50045.00

294-26  If the sum claimed exceeds $2,500 but does not

294-27   exceed $5,00065.00

294-28      (c) On the appearance of any defendant, or any number of

294-29   defendants answering jointly, to be paid him or them on

294-30   filing the first paper in the action, or at the time of

294-31   appearance:

294-32  In all civil actions12.00

294-33  For every additional defendant, appearing

294-34   separately6.00

294-35      (d) No fee may be charged where a defendant or

294-36   defendants appear in response to an affidavit and order

294-37   issued pursuant to the provisions of chapter 73 of NRS.

294-38  (e) For the filing of any paper in intervention6.00

294-39  (f) For the issuance of any writ of attachment,

294-40   writ of garnishment, writ of execution or any other

294-41   writ designed to enforce any judgment of the court6.00

294-42  (g) For filing a notice of appeal, and appeal

294-43   bonds12.00

294-44  One charge only may be made if both papers are filed at the

294-45   same time.

294-46  (h) For issuing supersedeas to a writ designed to

294-47   enforce a judgment or order of the court12.00

295-1  (i) For preparation and transmittal of transcript

295-2  and papers on appeal$12.00

295-3  (j) For celebrating a marriage and returning the

295-4   certificate to the county recorder[35.00] 50.00

295-5  (k) For entering judgment by confession6.00

295-6  (l) For preparing any copy of any record,

295-7   proceeding or paper, for each page.30

295-8  (m) For each certificate of the clerk, under the

295-9   seal of the court3.00

295-10  (n) For searching records or files in his office,

295-11   for each year1.00

295-12  (o) For filing and acting upon each bail or

295-13   property bond 40.00

295-14    2.  A justice of the peace shall not charge or collect any

295-15   of the fees set forth in subsection 1 for any service rendered

295-16   by him to the county in which his township is located.

295-17    3.  A justice of the peace shall not charge or collect the

295-18   fee pursuant to paragraph (j) of subsection 1 if he performs a

295-19   marriage ceremony in a commissioner township.

295-20    4.  Except as otherwise provided by an ordinance

295-21   adopted pursuant to the provisions of NRS 244.207, the

295-22   justice of the peace shall, on or before the fifth day of each

295-23   month, account for and pay to the county treasurer all fees

295-24   collected during the preceding month, except for the fees he

295-25   may retain as compensation and the fees he is required to pay

295-26   to the state controller pursuant to subsection 5.

295-27    5.  The justice of the peace shall, on or before the fifth

295-28   day of each month, pay to the state controller [one-half] :

295-29      (a) An amount equal to $5 of each fee collected

295-30   pursuant to paragraph (j) of subsection 1 during the

295-31   preceding month. The state controller shall deposit the

295-32   money in the account for aid for victims of domestic

295-33   violence in the state general fund.

295-34      (b) One-half of the fees collected pursuant to paragraph

295-35   (o) of subsection 1 during the preceding month. The state

295-36   controller shall deposit the money in the fund for the

295-37   compensation of victims of crime.

295-38      Sec. 9.  NRS 122.060 is hereby amended to read as

295-39   follows:

295-40      122.060  1.  The clerk is entitled to receive as his fee for

295-41   issuing the license the sum of [$13.] $21.

295-42    2.  The clerk shall also at the time of issuing the license

295-43   collect the sum of [$3] $10 and pay it over to the county

295-44   recorder as his fee for recording the originally signed copy of

295-45   the certificate of marriage described in NRS 122.120.

296-1     3.  The clerk shall also at the time of issuing the license

296-2  collect the additional sum of $4 for the State of Nevada. The

296-3   fees collected for the state must be paid over to the county

296-4   treasurer by the county clerk on or before the fifth day of

296-5   each month for the preceding calendar month, and must be

296-6   placed to the credit of the state general fund. The county

296-7   treasurer shall remit quarterly all such fees deposited by the

296-8   clerk to the state controller for credit to the state general

296-9   fund.

296-10    4.  The clerk shall also at the time of issuing the license

296-11   collect the additional sum of $15 for the account for aid for

296-12   victims of domestic violence in the state general fund. The

296-13   fees collected for this purpose must be paid over to the

296-14   county treasurer by the county clerk on or before the fifth

296-15   day of each month for the preceding calendar month, and

296-16   must be placed to the credit of that account. The county

296-17   treasurer shall, on or before the 15th day of each month,

296-18   remit those fees deposited by the clerk to the state controller

296-19   for credit to that account.

296-20      Sec. 9.3.  NRS 122.060 is hereby amended to read as

296-21   follows:

296-22      122.060  1.  The clerk is entitled to receive as his fee for

296-23   issuing the license the sum of $21.

296-24    2.  The clerk shall also at the time of issuing the license

296-25   collect the sum of $10 and pay it over to the county recorder

296-26   as his fee for recording the originally signed copy of the

296-27   certificate of marriage described in NRS 122.120.

296-28    3.  The clerk shall also at the time of issuing the license

296-29   collect the additional sum of $4 for the State of Nevada. The

296-30   fees collected for the state must be paid over to the county

296-31   treasurer by the county clerk on or before the fifth day of

296-32   each month for the preceding calendar month, and must be

296-33   placed to the credit of the state general fund. The county

296-34   treasurer shall remit quarterly all such fees deposited by the

296-35   clerk to the state controller for credit to the state general

296-36   fund.

296-37    4.  The clerk shall also at the time of issuing the license

296-38   collect the additional sum of [$15] $20 for the account for

296-39   aid for victims of domestic violence in the state general fund.

296-40   The fees collected for this purpose must be paid over to the

296-41   county treasurer by the county clerk on or before the fifth

296-42   day of each month for the preceding calendar month, and

296-43   must be placed to the credit of that account. The county

296-44   treasurer shall, on or before the 15th day of each month,

296-45   remit those fees deposited by the clerk to the state controller

296-46   for credit to that account.

296-47      Sec. 12.  NRS 278.4725 is hereby amended to read as

296-48   follows:

296-49      278.4725  1.  Except as otherwise provided in this

296-50   section, if the governing body has authorized the planning

297-1  commission to take final action on a final map, the planning

297-2  commission shall approve, conditionally approve or

297-3   disapprove the final map, basing its action upon the

297-4   requirements of NRS 278.472:

297-5      (a) In a county whose population is 400,000 or more,

297-6   within 45 days; or

297-7      (b) In a county whose population is less than 400,000,

297-8   within 60 days,

297-9  after accepting the final map as a complete application. The

297-10   planning commission shall file its written decision with the

297-11   governing body. Except as otherwise provided in subsection

297-12   5, or unless the time is extended by mutual agreement, if the

297-13   planning commission is authorized to take final action and it

297-14   fails to take action within the period specified in this

297-15   subsection, the final map shall be deemed approved

297-16   unconditionally.

297-17    2.  If there is no planning commission or if the governing

297-18   body has not authorized the planning commission to take

297-19   final action, the governing body or its authorized

297-20   representative shall approve, conditionally approve or

297-21   disapprove the final map, basing its action upon the

297-22   requirements of NRS 278.472:

297-23      (a) In a county whose population is 400,000 or more,

297-24   within 45 days; or

297-25      (b) In a county whose population is less than 400,000,

297-26   within 60 days,

297-27  after the final map is accepted as a complete application.

297-28   Except as otherwise provided in subsection 5 or unless the

297-29   time is extended by mutual agreement, if the governing body

297-30   or its authorized representative fails to take action within the

297-31   period specified in this subsection, the final map shall be

297-32   deemed approved unconditionally.

297-33    3.  An applicant or other person aggrieved by a decision

297-34   of the authorized representative of the governing body or by

297-35   a final act of the planning commission may appeal the

297-36   decision in accordance with the ordinance adopted pursuant

297-37   to section 1 of [this act.] Senate Bill No. 554 of this session.

297-38    4.  If the map is disapproved, the governing body or its

297-39   authorized representative or the planning commission shall

297-40   return the map to the person who proposes to divide the land,

297-41   with the reason for its action and a statement of the changes

297-42   necessary to render the map acceptable.

297-43    5.  If the final map divides the land into 16 lots or more,

297-44   the governing body or its authorized representative or the

297-45   planning commission shall not approve a map, and a map

297-46   shall not be deemed approved, unless:

298-1      (a) Each lot contains an access road that is suitable for use

298-2  by emergency vehicles; and

298-3      (b) The corners of each lot are set by a professional land

298-4   surveyor.

298-5     6.  If the final map divides the land into 15 lots or less,

298-6   the governing body or its authorized representative or the

298-7   planning commission may, if reasonably necessary, require

298-8   the map to comply with the provisions of subsection 5.

298-9     7.  Upon approval, the map must be filed with the county

298-10   recorder. Filing with the county recorder operates as a

298-11   continuing:

298-12      (a) Offer to dedicate for public roads the areas shown as

298-13   proposed roads or easements of access, which the governing

298-14   body may accept in whole or in part at any time or from time

298-15   to time.

298-16      (b) Offer to grant the easements shown for public utilities,

298-17   which any public utility may similarly accept without

298-18   excluding any other public utility whose presence is

298-19   physically compatible.

298-20    8.  The map filed with the county recorder must include:

298-21      (a) A certificate signed and acknowledged by each owner

298-22   of land to be divided consenting to the preparation of the

298-23   map, the dedication of the roads and the granting of the

298-24   easements.

298-25      (b) A certificate signed by the clerk of the governing body

298-26   or authorized representative of the governing body or the

298-27   secretary to the planning commission that the map was

298-28   approved, or the affidavit of the person presenting the map

298-29   for filing that the time limited by subsection 1 or 2 for action

298-30   by the governing body or its authorized representative or the

298-31   planning commission has expired and that the requirements

298-32   of subsection 5 have been met. A certificate signed pursuant

298-33   to this paragraph must also indicate, if applicable, that the

298-34   governing body or planning commission determined that a

298-35   public street, easement or utility easement which will not

298-36   remain in effect after a merger and resubdivision of parcels

298-37   conducted pursuant to NRS 278.4925, has been vacated or

298-38   abandoned in accordance with NRS 278.480.

298-39      (c) A written statement signed by the treasurer of the

298-40   county in which the land to be divided is located indicating

298-41   that all property taxes on the land for the fiscal year have

298-42   been paid.

298-43    9.  A governing body may by local ordinance require a

298-44   final map to include:

298-45      (a) A report from a title company which lists the names

298-46   of:

299-1         (1) Each owner of record of the land to be divided; and

299-2         (2) Each holder of record of a security interest in the

299-3   land to be divided, if the security interest was created by a

299-4   mortgage or a deed of trust.

299-5      (b) The signature of each owner of record of the land to

299-6   be divided.

299-7      (c) The written consent of each holder of record of a

299-8   security interest listed pursuant to subparagraph (2) of

299-9   paragraph (a), to the preparation and recordation of the final

299-10   map. A holder of record may consent by signing:

299-11        (1) The final map; or

299-12        (2) A separate document that is filed with the final

299-13   map and declares his consent to the division of land.

299-14      10.  After a map has been filed with the county recorder,

299-15   any lot shown thereon may be conveyed by reference to the

299-16   map, without further description.

299-17      11.  The county recorder shall charge and collect for

299-18   recording the map a fee set by the board of county

299-19   commissioners of not more than [$35 per page set by the

299-20   board of county commissioners.] $50 for the first sheet of

299-21   the map plus $10 for each additional sheet.

299-22      12.  A county recorder who records a final map pursuant

299-23   to this section shall, within 7 working days after he records

299-24   the final map, provide to the county assessor at no charge:

299-25      (a) A duplicate copy of the final map and any supporting

299-26   documents; or

299-27      (b) Access to the digital final map and any digital

299-28   supporting documents.

299-29      Sec. 16.  1.  This section and [sections 9 and] section

299-30   9.7 of this act become effective on July 1, 2001.

299-31    2.  Section 9 of this act becomes effective at 12:01 a.m.

299-32   on July 1, 2001.

299-33    3.  Sections 1 to 8, inclusive, and 10 to 15, inclusive, of

299-34   this act become effective on October 1, 2001.

299-35      [3.  Section 9 of this act expires by limitation on

299-36   December 31, 2002.]

299-37    4.  Section 9.3 of this act becomes effective on January 1,

299-38   2003.

299-39    Sec. 102.  Section 100 of chapter 604, Statutes of Nevada

299-40   2001, at page 3272, is hereby amended to read as follows:

299-41      Sec. 100.  Section 1 of Senate Bill No. 210 of this

299-42   session is hereby amended to read as follows:

299-43      Section 1.  NRS 704.033 is hereby amended to read

299-44   as follows:

299-45      704.033  1.  [The] Except as otherwise provided in

299-46   subsection 6, the commission shall levy and collect an

300-1  annual assessment from all public utilities , providers of

300-2  discretionary natural gas service and alternative sellers

300-3   subject to the jurisdiction of the commission.

300-4      2.  Except as otherwise provided in [subsection 3,]

300-5   subsections 3 and 4, the annual assessment must be:

300-6      (a) For the use of the commission, not more than 3.50

300-7   mills; and

300-8      (b) For the use of the consumer’s advocate, not more

300-9   than 0.75 mills,

300-10  on each dollar of gross operating revenue derived from the

300-11   intrastate operations of such utilities , providers of

300-12   discretionary natural gas service and alternative sellers

300-13   in the State of Nevada . [, except that the minimum

300-14   assessment in any 1 year must be $10.] The total annual

300-15   assessment must be not more than 4.25 mills.

300-16      3.  [For railroads the total annual assessment must be

300-17   the amount levied for the use of the commission pursuant

300-18   to paragraph (a) of subsection 2.] The levy for the use of

300-19   the consumer’s advocate must not be assessed against

300-20   railroads.

300-21      4.  The minimum assessment in any 1 year must be

300-22   $100.

300-23      5.  The gross operating revenue of the utilities must

300-24   be determined for the preceding calendar year. In the case

300-25   of:

300-26      (a) Telephone utilities, except as otherwise provided in

300-27   paragraph (c), the revenue shall be deemed to be all

300-28   intrastate revenues . [that are considered by the

300-29   commission for the purpose of establishing rates.]

300-30      (b) Railroads, the revenue shall be deemed to be the

300-31   revenue received only from freight and passenger

300-32   intrastate movements.

300-33      (c) All public utilities, providers of discretionary

300-34   natural gas service and alternative sellers, the revenue

300-35   does not include the proceeds of any commodity, energy

300-36   or service furnished to another public utility , provider of

300-37   discretionary natural gas service or alternative seller for

300-38   resale.

300-39      6.  Providers of commercial mobile radio service are

300-40   not subject to the annual assessment and, in lieu

300-41   thereof, shall pay to the commission an annual licensing

300-42   fee of $200.

 

 

 

301-1     Sec. 103.  1.  Sections 10, 20, 33, 56, 64, 89, 92, 96, 98, 99,

301-2  107, 109, 113, 116, 118, 119, 129 and 139 of chapter 1, Statutes of

301-3   Nevada 2001 Special Session, at pages 6, 11, 16, 26, 27, 36, 39, 40,

301-4   42, 45 to 48, inclusive, 50, 51, 56 and 62, are hereby amended to

301-5   read respectively as follows:

301-6      Sec. 10.  NRS 127.152 is hereby amended to read as

301-7   follows:

301-8      127.152  1.  Except as otherwise provided in subsection

301-9   3, the [division] agency which provides child welfare

301-10   services or a licensed child-placing agency shall provide the

301-11   adopting parents of a child with a report which includes:

301-12      (a) A copy of any medical records of the child which are

301-13   in the possession of the [division] agency which provides

301-14   child welfare services or licensed child-placing agency.

301-15      (b) Any information obtained by the [division] agency

301-16   which provides child welfare services or licensed child

301-17  -placing agency during interviews of the natural parent

301-18   regarding:

301-19        (1) The medical and sociological history of the child

301-20   and the natural parents of the child; and

301-21        (2) Any behavioral, emotional or psychological

301-22   problems that the child may have. Information regarding any

301-23   behavioral, emotional or psychological problems that the

301-24   child may have must be discussed in accordance with

301-25   policies established by an agency which provides child

301-26   welfare services and a child-placing agency pursuant to

301-27   regulations adopted by the division for the disclosure of such

301-28   information.

301-29      (c) Written information regarding any subsidies,

301-30   assistance and other services that may be available to the

301-31   child if it is determined pursuant to NRS 127.186 that he has

301-32   any special needs.

301-33    2.  The [division] agency which provides child welfare

301-34   services or child-placing agency shall obtain from the

301-35   adopting parents written confirmation that the adopting

301-36   parents have received the report required pursuant to

301-37   subsection 1.

301-38    3.  The report required pursuant to subsection 1 must

301-39   exclude any information that would lead to the identification

301-40   of the natural parent.

301-41    4.  The division shall adopt regulations specifying the

301-42   procedure and format for the provision of information

301-43   pursuant to this section, which may include the provision of a

301-44   summary of certain information. If a summary is provided

301-45   pursuant to this section, the adopting parents of the child may

301-46   also obtain the information set forth in subsection 1.

302-1      Sec. 20.  NRS 127.2815 is hereby amended to read as

302-2  follows:

302-3      127.2815  1.  Pending completion of the required

302-4   investigation, the child must be:

302-5      (a) Retained by the natural parent; or

302-6      (b) Placed by the natural parent with the [division or

302-7   licensed] agency which provides child welfare services or

302-8   child-placing agency and placed by [it] the agency which

302-9   provides child welfare services or child-placing agency in a

302-10   foster home licensed [by the division,] pursuant to

302-11  NRS 424.030,

302-12  until a determination is made concerning the suitability of the

302-13   prospective adoptive parents.

302-14    2.  Upon completion of the investigation, the [division or

302-15   licensed] agency which provides child welfare services or

302-16   child-placing agency shall forthwith inform the natural

302-17   parent, the person recommending the placement and the

302-18   prospective adoptive parents of the decision to approve or

302-19   deny the placement. If the prospective adoptive home is

302-20   found:

302-21      (a) Suitable, the natural parent may execute a consent to a

302-22   specific adoption pursuant to NRS 127.053, if not previously

302-23   executed, and then the child may be placed in the home of

302-24   the prospective adoptive parents for the purposes of

302-25   adoption.

302-26      (b) Unsuitable or detrimental to the interest of the child,

302-27   the [division or licensed] agency which provides child

302-28   welfare services or child-placing agency shall file an

302-29   application in the district court for an order prohibiting the

302-30   placement. If the court determines that the placement should

302-31   be prohibited, the court may nullify the written consent to the

302-32   specific adoption and order the return of the child to the care

302-33   and control of the parent who executed the consent, but if the

302-34   parental rights of the parent have been terminated by a

302-35   relinquishment or a final order of a court of competent

302-36   jurisdiction or if the parent does not wish to accept the child,

302-37   then the court may order the placement of the child with the

302-38   [division] agency which provides child welfare services or a

302-39   [licensed] child-placing agency for adoption.

302-40      Sec. 33.  NRS 179A.100 is hereby amended to read as

302-41   follows:

302-42      179A.100  1.  The following records of criminal history

302-43   may be disseminated by an agency of criminal justice

302-44   without any restriction pursuant to this chapter:

302-45      (a) Any which reflect records of conviction only; and

303-1      (b) Any which pertain to an incident for which a person is

303-2  currently within the system of criminal justice, including

303-3   parole or probation.

303-4     2.  Without any restriction pursuant to this chapter, a

303-5   record of criminal history or the absence of such a record

303-6   may be:

303-7      (a) Disclosed among agencies which maintain a system

303-8   for the mutual exchange of criminal records.

303-9      (b) Furnished by one agency to another to administer the

303-10   system of criminal justice, including the furnishing of

303-11   information by a police department to a district attorney.

303-12      (c) Reported to the central repository.

303-13    3.  An agency of criminal justice shall disseminate to a

303-14   prospective employer, upon request, records of criminal

303-15   history concerning a prospective employee or volunteer

303-16   which:

303-17      (a) Reflect convictions only; or

303-18      (b) Pertain to an incident for which the prospective

303-19   employee or volunteer is currently within the system of

303-20   criminal justice, including parole or probation.

303-21    4.  The central repository shall disseminate to a

303-22   prospective or current employer, upon request, information

303-23   relating to sexual offenses concerning an employee,

303-24   prospective employee, volunteer or prospective volunteer

303-25   who gives his written consent to the release of that

303-26   information.

303-27    5.  Records of criminal history must be disseminated by

303-28   an agency of criminal justice upon request, to the following

303-29   persons or governmental entities:

303-30      (a) The person who is the subject of the record of criminal

303-31   history for the purposes of NRS 179A.150.

303-32      (b) The person who is the subject of the record of

303-33   criminal history or his attorney of record when the subject is

303-34   a party in a judicial, administrative, licensing, disciplinary or

303-35   other proceeding to which the information is relevant.

303-36      (c) The state gaming control board.

303-37      (d) The state board of nursing.

303-38      (e) The private investigator’s licensing board to

303-39   investigate an applicant for a license.

303-40      (f) A public administrator to carry out his duties as

303-41   prescribed in chapter 253 of NRS.

303-42      (g) A public guardian to investigate a ward or proposed

303-43   ward or persons who may have knowledge of assets

303-44   belonging to a ward or proposed ward.

303-45      (h) Any agency of criminal justice of the United States or

303-46   of another state or the District of Columbia.

304-1      (i) Any public utility subject to the jurisdiction of the

304-2  public utilities commission of Nevada when the information

304-3   is necessary to conduct a security investigation of an

304-4   employee or prospective employee, or to protect the public

304-5   health, safety or welfare.

304-6      (j) Persons and agencies authorized by statute, ordinance,

304-7   executive order, court rule, court decision or court order as

304-8   construed by appropriate state or local officers or agencies.

304-9      (k) Any person or governmental entity which has entered

304-10   into a contract to provide services to an agency of criminal

304-11   justice relating to the administration of criminal justice, if

304-12   authorized by the contract, and if the contract also specifies

304-13   that the information will be used only for stated purposes and

304-14   that it will be otherwise confidential in accordance with state

304-15   and federal law and regulation.

304-16      (l) Any reporter for the electronic or printed media in his

304-17   professional capacity for communication to the public.

304-18      (m) Prospective employers if the person who is the

304-19   subject of the information has given written consent to the

304-20   release of that information by the agency which maintains it.

304-21      (n) For the express purpose of research, evaluative or

304-22   statistical programs pursuant to an agreement with an agency

304-23   of criminal justice.

304-24      (o) [The division of child and family services of the

304-25   department of human resources and any county agency that

304-26   is operated pursuant to NRS 432B.325 or authorized by a

304-27   court of competent jurisdiction to receive and investigate

304-28   reports of abuse or neglect of children and which provides or

304-29   arranges for protective services for such children.] An

304-30   agency which provides child welfare services, as defined in

304-31  NRS 432B.030.

304-32      (p) The welfare division of the department of human

304-33   resources or its designated representative.

304-34      (q) An agency of this or any other state or the Federal

304-35   Government that is conducting activities pursuant to Part D

304-36   of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et

304-37   seq.

304-38      (r) The state disaster identification team of the division of

304-39   emergency management of the department.

304-40      (s) The commissioner of insurance.

304-41    6.  Agencies of criminal justice in this state which

304-42   receive information from sources outside this state

304-43   concerning transactions involving criminal justice which

304-44   occur outside Nevada shall treat the information as

304-45   confidentially as is required by the provisions of this chapter.

 

 

305-1      Sec. 56.  NRS 424.038 is hereby amended to read as

305-2  follows:

305-3      424.038  1.  Before placing, and during the placement

305-4   of, a child in a family foster home, the [division] licensing

305-5   authority shall provide to the provider of family foster care

305-6   such information relating to the child as is necessary to

305-7   ensure the health and safety of the child and the other

305-8   residents of

305-9  the family foster home. This information must include the

305-10   medical history and previous behavior of the child to the

305-11   extent that such information is available.

305-12    2.  The provider of family foster care may, at any time

305-13   before, during or after the placement of the child in his

305-14   family foster home, request information about the child from

305-15   the [division.] licensing authority. After the child has left the

305-16   care of the provider, the [division] licensing authority shall

305-17   provide the information requested by the provider, unless the

305-18   information is otherwise declared to be confidential by law

305-19   or the [division] licensing authority determines that

305-20   providing the information is not in the best interests of the

305-21   child.

305-22    3.  The provider of family foster care shall maintain the

305-23   confidentiality of information obtained pursuant to this

305-24   section under the terms and conditions otherwise required by

305-25   law.

305-26    4.  The division shall adopt regulations specifying the

305-27   procedure and format for the provision of information

305-28   pursuant to this section, which may include the provision of a

305-29   summary of certain information. If a summary is provided

305-30   pursuant to this section, the provider of family foster care

305-31   may also obtain the information set forth in subsections 1

305-32  and 2.

305-33      Sec. 64.  NRS 424.079 is hereby amended to read as

305-34   follows:

305-35      424.079  Upon the request of a provider of family foster

305-36   care, the [division] licensing authority shall allow the

305-37   provider to visit a child after the child leaves the care of the

305-38   provider if:

305-39    1.  The child agrees to the visitation; and

305-40    2.  The [division] licensing authority determines that the

305-41   visitation is in the best interest of the child.

305-42      Sec. 89.  NRS 432B.190 is hereby amended to read as

305-43   follows:

305-44      432B.190  The division of child and family services shall

305-45   , in consultation with each agency which provides child

305-46   welfare services, adopt:

305-47    1.  Regulations establishing reasonable and uniform

305-48   standards for:

306-1      (a) [Protective] Child welfare services provided in this

306-2  state;

306-3      (b) Programs for the prevention of abuse or neglect of a

306-4   child and the achievement of the permanent placement of a

306-5   child;

306-6      (c) The development of local councils involving public

306-7   and private organizations;

306-8      (d) Reports of abuse or neglect, records of these reports

306-9   and the response to these reports;

306-10      (e) Carrying out the provisions of NRS 432B.260,

306-11   including, without limitation, the qualifications of persons

306-12   with whom agencies which provide [protective] child

306-13   welfare services enter into agreements to provide services to

306-14   children and families;

306-15      (f) The management and assessment of reported cases of

306-16   abuse or neglect;

306-17      (g) The protection of the legal rights of parents and

306-18   children;

306-19      (h) Emergency shelter for a child;

306-20      (i) The prevention, identification and correction of abuse

306-21   or neglect of a child in residential institutions;

306-22      (j) Evaluating the development and contents of a plan

306-23   submitted for approval pursuant to NRS 432B.395;

306-24      (k) Developing and distributing to persons who are

306-25   responsible for a child’s welfare a pamphlet that sets forth

306-26   the procedures for taking a child for placement in protective

306-27   custody and the legal rights of persons who are parties to a

306-28   proceeding held pursuant to NRS 432B.410 to 432B.590,

306-29   inclusive, section 2 of Assembly Bill No. 248 of [this

306-30   session] the 71st session of the Nevada Legislature and

306-31   sections 2 and 3 of [this act,] Assembly Bill No. 429 of the

306-32   71st session of the Nevada Legislature, during all stages of

306-33   the proceeding; and

306-34      (l) Making the necessary inquiries required pursuant to

306-35   NRS 432B.397 to determine whether a child is an Indian

306-36   child; and

306-37    2.  Such other regulations as are necessary for the

306-38   administration of NRS 432B.010 to 432B.606, inclusive, and

306-39   section 2 of Assembly Bill No. 248 of [this session.] the 71st

306-40   session of the Nevada Legislature.

306-41      Sec. 92.  NRS 432B.215 is hereby amended to read as

306-42   follows:

306-43      432B.215  1.  An agency which provides [protective

306-44   services and the division of child and family] child welfare

306-45   services may request the division of parole and probation of

306-46   the department of public safety to provide information

307-1  concerning a probationer or parolee that may assist the

307-2  agency [or the division of child and family services] in

307-3   carrying out the provisions of this chapter. The division of

307-4   parole and probation shall provide such information upon

307-5   request.

307-6     2.  The agency which provides [protective services or the

307-7   division of child and family] child welfare services may use

307-8   the information obtained pursuant to subsection 1 only for

307-9   the limited purpose of carrying out the provisions of this

307-10   chapter.

307-11      Sec. 96.  NRS 432B.260 is hereby amended to read as

307-12   follows:

307-13      432B.260  1.  Upon the receipt of a report concerning

307-14   the possible abuse or neglect of a child, an agency which

307-15   provides [protective] child welfare services or a law

307-16   enforcement agency shall promptly notify the appropriate

307-17   licensing authority, if any. A law enforcement agency shall

307-18   promptly notify an agency which provides [protective] child

307-19   welfare services of any report it receives.

307-20    2.  Upon receipt of a report concerning the possible abuse

307-21   or neglect of a child, an agency which provides [protective]

307-22   child welfare services or a law enforcement agency shall

307-23   immediately initiate an investigation if the report indicates

307-24   that:

307-25      (a) The child is 5 years of age or younger;

307-26      (b) There is a high risk of serious harm to the child; or

307-27      (c) The child is living in a household in which another

307-28   child has died, or the child is seriously injured or has visible

307-29   signs of physical abuse.

307-30    3.  Except as otherwise provided in subsection 2, upon

307-31   receipt of a report concerning the possible abuse or neglect

307-32   of a child or notification from a law enforcement agency that

307-33   the law enforcement agency has received such a report, an

307-34   agency which provides [protective] child welfare services

307-35   shall conduct an evaluation not later than 3 days after the

307-36   report or notification was received to determine whether an

307-37   investigation is warranted. For the purposes of this

307-38   subsection, an investigation is not warranted if:

307-39      (a) The child is not in imminent danger of harm;

307-40      (b) The child is not vulnerable as the result of any

307-41   untreated injury, illness or other physical, mental or

307-42   emotional condition that threatens his immediate health or

307-43   safety;

307-44      (c) The alleged abuse or neglect could be eliminated if the

307-45   child and his family receive or participate in social or health

307-46   services offered in the community, or both; or

307-47      (d) The agency determines that the:

308-1         (1) Alleged abuse or neglect was the result of the

308-2  reasonable exercise of discipline by a parent or guardian of

308-3   the child involving the use of corporal punishment,

308-4   including, without limitation, spanking or paddling; and

308-5         (2) Corporal punishment so administered was not so

308-6   excessive as to constitute abuse or neglect as described in

308-7   NRS 432B.150.

308-8     4.  If the agency determines that an investigation is

308-9   warranted, the agency shall initiate the investigation not later

308-10   than 3 days after the evaluation is completed.

308-11    5.  Except as otherwise provided in this subsection, if the

308-12   agency determines that an investigation is not warranted, the

308-13   agency may, as appropriate:

308-14      (a) Provide counseling, training or other services relating

308-15   to child abuse and neglect to the family of the child, or refer

308-16   the family to a person who has entered into an agreement

308-17   with the agency to provide those services; or

308-18      (b) Conduct an assessment of the family of the child to

308-19   determine what services, if any, are needed by the family

308-20   and, if appropriate, provide any such services or refer the

308-21   family to a person who has entered into a written agreement

308-22   with the agency to make such an assessment.

308-23  If an agency determines that an investigation is not warranted

308-24   for the reason set forth in paragraph (d) of subsection 3, the

308-25   agency shall take no further action in regard to the matter and

308-26   shall expunge all references to the matter from its records.

308-27    6.  If an agency which provides [protective] child

308-28   welfare services enters into an agreement with a person to

308-29   provide services to a child or his family pursuant to

308-30   subsection 5, the agency shall require the person to notify the

308-31   agency if the child or his family refuse or fail to participate

308-32   in the services, or if the person determines that there is a

308-33   serious risk to the health or safety of the child.

308-34    7.  An agency which provides [protective] child welfare

308-35   services that determines that an investigation is not

308-36   warranted may, at any time, reverse that determination and

308-37   initiate an investigation.

308-38    8.  An agency which provides [protective] child welfare

308-39   services and a law enforcement agency shall cooperate in the

308-40   investigation, if any, of a report of abuse or neglect of a

308-41   child.

308-42      Sec. 98.  NRS 432B.290 is hereby amended to read as

308-43   follows:

308-44      432B.290  1.  Except as otherwise provided in

308-45   subsections 2, 5 and 6 and section 2 of Assembly Bill No.

308-46   429 of [this session,] the 71st session of the Nevada

308-47   Legislature, data or information concerning reports and

308-48   investigations

309-1  thereof made pursuant to this chapter may be made available

309-2  only to:

309-3      (a) A physician, if the physician has before him a child

309-4   who he has reasonable cause to believe has been abused or

309-5   neglected;

309-6      (b) A person authorized to place a child in protective

309-7   custody, if the person has before him a child who he has

309-8   reasonable cause to believe has been abused or neglected and

309-9   the person requires the information to determine whether to

309-10   place the child in protective custody;

309-11      (c) An agency, including, without limitation, an agency in

309-12   another jurisdiction, responsible for or authorized to

309-13   undertake the care, treatment or supervision of:

309-14        (1) The child; or

309-15        (2) The person responsible for the welfare of the child;

309-16      (d) A district attorney or other law enforcement officer

309-17   who requires the information in connection with an

309-18   investigation or prosecution of the abuse or neglect of a

309-19   child;

309-20      (e) A court, for in camera inspection only, unless the

309-21   court determines that public disclosure of the information is

309-22   necessary for the determination of an issue before it;

309-23      (f) A person engaged in bona fide research or an audit,

309-24   but information identifying the subjects of a report must not

309-25   be made available to him;

309-26      (g) The attorney and the guardian ad litem of the child;

309-27      (h) A grand jury upon its determination that access to

309-28   these records is necessary in the conduct of its official

309-29   business;

309-30      (i) A federal, state or local governmental entity, or an

309-31   agency of such an entity, that needs access to the information

309-32   to carry out its legal responsibilities to protect children from

309-33   abuse and neglect;

309-34      (j) A person or an organization that has entered into a

309-35   written agreement with an agency which provides

309-36   [protective] child welfare services to provide assessments or

309-37   services and that has been trained to make such assessments

309-38   or provide such services;

309-39      (k) A team organized pursuant to NRS 432B.350 for the

309-40   protection of a child;

309-41      (l) A team organized pursuant to NRS 432B.405 to

309-42   review the death of a child;

309-43      (m) A parent or legal guardian of the child and an

309-44   attorney of a parent or guardian of the child, if the identity of

309-45   the person responsible for reporting the alleged abuse or

309-46   neglect of the child to a public agency is kept confidential;

309-47      (n) The persons who are the subject of a report;

310-1      (o) An agency that is authorized by law to license foster

310-2  homes or facilities for children or to investigate persons

310-3   applying for approval to adopt a child, if the agency has

310-4   before it an application for that license or is investigating an

310-5   applicant to adopt a child;

310-6      (p) Upon written consent of the parent, any officer of this

310-7   state or a city or county thereof or legislator authorized, by

310-8   the agency or department having jurisdiction or by the

310-9   legislature, acting within its jurisdiction, to investigate the

310-10   activities or programs of an agency [that provides protective]

310-11   which provides child welfare services if:

310-12        (1) The identity of the person making the report is kept

310-13   confidential; and

310-14        (2) The officer, legislator or a member of his family is

310-15   not the person alleged to have committed the abuse or

310-16   neglect;

310-17      (q) The division of parole and probation of the

310-18   department of public safety for use pursuant to NRS 176.135

310-19   in making a presentence investigation and report to the

310-20   district court or pursuant to NRS 176.151 in making a

310-21   general investigation and report;

310-22      (r) Any person who is required pursuant to NRS

310-23   432B.220 to make a report to an agency which provides

310-24   [protective] child welfare services or to a law enforcement

310-25   agency;

310-26      (s) The rural advisory board to expedite proceedings for

310-27   the placement of children created pursuant to NRS 432B.602

310-28   or a local advisory board to expedite proceedings for the

310-29   placement of children created pursuant to NRS 432B.604; or

310-30      (t) The panel established pursuant to NRS 432B.396 to

310-31   evaluate agencies which provide [protective] child welfare

310-32   services.

310-33    2.  Except as otherwise provided in subsection 3, data or

310-34   information concerning reports and investigations thereof

310-35   made pursuant to this chapter may be made available to any

310-36   member of the general public if the child who is the subject

310-37   of a report dies or is critically injured as a result of alleged

310-38   abuse or neglect, except that the data or information which

310-39   may be disclosed is limited to:

310-40      (a) The fact that a report of abuse or neglect has been

310-41   made and, if appropriate, a factual description of the contents

310-42   of the report;

310-43      (b) Whether an investigation has been initiated pursuant

310-44   to NRS 432B.260, and the result of a completed

310-45   investigation; and

311-1      (c) Such other information as is authorized for disclosure

311-2  by a court pursuant to subsection 4.

311-3     3.  An agency which provides [protective] child welfare

311-4   services shall not disclose data or information pursuant to

311-5   subsection 2 if the agency determines that the disclosure is

311-6   not in the best interests of the child or if disclosure of the

311-7   information would adversely affect any pending

311-8   investigation concerning a report.

311-9     4.  Upon petition, a court of competent jurisdiction may

311-10   authorize the disclosure of additional information to the

311-11   public pursuant to subsection 2 if good cause is shown by the

311-12   petitioner for the disclosure of the additional information.

311-13    5.  An agency investigating a report of the abuse or

311-14   neglect of a child shall, upon request, provide to a person

311-15   named in the report as allegedly causing the abuse or neglect

311-16   of the child:

311-17      (a) A copy of:

311-18        (1) Any statement made in writing to an investigator

311-19   for the agency by the person named in the report as allegedly

311-20   causing the abuse or neglect of the child; or

311-21        (2) Any recording made by the agency of any

311-22   statement made orally to an investigator for the agency by

311-23   the person named in the report as allegedly causing the abuse

311-24   or neglect of the child; or

311-25      (b) A written summary of the allegations made against the

311-26   person who is named in the report as allegedly causing the

311-27   abuse or neglect of the child. The summary must not identify

311-28   the person responsible for reporting the alleged abuse or

311-29   neglect.

311-30    6.  An agency which provides [protective] child welfare

311-31   services shall disclose the identity of a person who makes a

311-32   report or otherwise initiates an investigation pursuant to this

311-33   chapter if a court, after reviewing the record in camera and

311-34   determining that there is reason to believe that the person

311-35   knowingly made a false report, orders the disclosure.

311-36    7.  Any person, except for:

311-37      (a) The subject of a report;

311-38      (b) A district attorney or other law enforcement officer

311-39   initiating legal proceedings; or

311-40      (c) An employee of the division of parole and probation

311-41   of the department of public safety making a presentence

311-42   investigation and report to the district court pursuant to NRS

311-43   176.135 or making a general investigation and report

311-44   pursuant to NRS 176.151,

312-1  who is given access, pursuant to subsection 1 or 2, to

312-2  information identifying the subjects of a report and who

312-3   makes this information public is guilty of a misdemeanor.

312-4     8.  The division of child and family services shall adopt

312-5   regulations to carry out the provisions of this section.

312-6      Sec. 99.  NRS 432B.300 is hereby amended to read as

312-7   follows:

312-8      432B.300  Except as otherwise provided in NRS

312-9   432B.260, an agency which provides [protective] child

312-10   welfare services shall investigate each report of abuse or

312-11   neglect received or referred to it to determine:

312-12    1.  The composition of the family, household or facility,

312-13   including the name, address, age, sex and race of each child

312-14   named in the report, any siblings or other children in the

312-15   same place or under the care of the same person, the persons

312-16   responsible for the children’s welfare and any other adult

312-17   living or working in the same household or facility;

312-18    2.  Whether there is reasonable cause to believe any child

312-19   is abused or neglected or threatened with abuse or neglect,

312-20   the nature and extent of existing or previous injuries, abuse

312-21   or neglect and any evidence thereof, and the person

312-22   apparently responsible;

312-23    3.  If there is reasonable cause to believe that a child is

312-24   abused or neglected, the immediate and long-term risk to the

312-25   child if he remains in the same environment; and

312-26    4.  The treatment and services which appear necessary to

312-27   help prevent further abuse or neglect and to improve his

312-28   environment and the ability of the person responsible for the

312-29   child’s welfare to care adequately for him.

312-30      Sec. 107.  NRS 432B.393 is hereby amended to read as

312-31   follows:

312-32      432B.393  1.  Except as otherwise provided in this

312-33   section, an agency which provides [protective] child welfare

312-34   services shall make reasonable efforts to preserve and

312-35   reunify the family of a child:

312-36      (a) Before the placement of the child in foster care, to

312-37   prevent or eliminate the need for his removal from his home;

312-38   and

312-39      (b) To make it possible for his safe return to his home.

312-40    2.  In determining the reasonable efforts required by

312-41   subsection 1, the health and safety of the child must be the

312-42   paramount concern. The agency which provides [protective]

312-43   child welfare services may make reasonable efforts to place

312-44   the child for adoption or with a legal guardian concurrently

312-45   with making the reasonable efforts required pursuant to

312-46   subsection 1. If the court determines that continuation of the

313-1  reasonable efforts required by subsection 1 is inconsistent

313-2  with the plan for the permanent placement of the child, the

313-3   agency which provides [protective] child welfare services

313-4   shall make reasonable efforts to place the child in a timely

313-5   manner in accordance with that plan and to complete

313-6   whatever actions are necessary to finalize the permanent

313-7   placement of the child.

313-8     3.  An agency which provides [protective] child welfare

313-9   services is not required to make the reasonable efforts

313-10   required by subsection 1 if the court finds that:

313-11      (a) A parent or other primary caretaker of the child has:

313-12        (1) Committed, aided or abetted in the commission of,

313-13   or attempted, conspired or solicited to commit murder or

313-14   voluntary manslaughter;

313-15        (2) Caused the abuse or neglect of the child, or of

313-16   another child of the parent or primary caretaker, which

313-17   resulted in substantial bodily harm to the abused or neglected

313-18   child;

313-19        (3) Caused the abuse or neglect of the child, a sibling

313-20   of the child or another child in the household, and the abuse

313-21   or neglect was so extreme or repetitious as to indicate that

313-22   any plan to return the child to his home would result in an

313-23   unacceptable risk to the health or welfare of the child; or

313-24        (4) Abandoned the child for 60 or more days, and the

313-25   identity of the parent of the child is unknown and cannot be

313-26   ascertained through reasonable efforts;

313-27      (b) A parent of the child has, for the previous 6 months,

313-28   had the ability to contact or communicate with the child and

313-29   made no more than token efforts to do so;

313-30      (c) The parental rights of a parent to a sibling of the child

313-31   have been terminated by a court order upon any basis other

313-32   than the execution of a voluntary relinquishment of those

313-33   rights by a natural parent, and the court order is not currently

313-34   being appealed;

313-35      (d) The child or a sibling of the child was previously

313-36   removed from his home, adjudicated to have been abused or

313-37   neglected, returned to his home and subsequently removed

313-38   from his home as a result of additional abuse or neglect;

313-39      (e) The child is less than 1 year of age, the father of the

313-40   child is not married to the mother of the child and the father

313-41   of the child:

313-42        (1) Has failed within 60 days after learning of the birth

313-43   of the child, to visit the child, to commence proceedings to

313-44   establish his paternity of the child or to provide financial

313-45   support for the child; or

314-1         (2) Is entitled to seek custody of the child but fails to

314-2  do so within 60 days after learning that the child was placed

314-3   in foster care; or

314-4      (f) The child was delivered to a provider of emergency

314-5   services pursuant to section 1 of Senate Bill No. 191 of [this

314-6   session.] the 71st session of the Nevada Legislature.

314-7     4.  Except as otherwise provided in subsection 6, for the

314-8   purposes of this section, unless the context otherwise

314-9   requires, “reasonable efforts” have been made if an agency

314-10   which provides [protective] child welfare services to

314-11   children with legal custody of a child has exercised diligence

314-12   and care in arranging appropriate and available services for

314-13   the child, with the health and safety of the child as its

314-14   paramount concerns. The exercise of such diligence and care

314-15   includes, without limitation, obtaining necessary and

314-16   appropriate information concerning the child for the purposes

314-17   of NRS 127.152, 127.410 and 424.038.

314-18    5.  In determining whether reasonable efforts have been

314-19   made pursuant to subsection 4, the court shall:

314-20      (a) Evaluate the evidence and make findings based on

314-21   whether a reasonable person would conclude that reasonable

314-22   efforts were made;

314-23      (b) Consider any input from the child;

314-24      (c) Consider the efforts made and the evidence presented

314-25   since the previous finding of the court concerning reasonable

314-26   efforts;

314-27      (d) Consider the diligence and care that the agency is

314-28   legally authorized and able to exercise;

314-29      (e) Recognize and take into consideration the legal

314-30   obligations of the agency to comply with any applicable laws

314-31   and regulations;

314-32      (f) Base its determination on the circumstances and facts

314-33   concerning the particular family or plan for the permanent

314-34   placement of the child at issue;

314-35      (g) Consider whether the provisions of subsection 6 are

314-36   applicable; and

314-37      (h) Consider any other matters the court deems relevant.

314-38    6.  An agency which provides [protective] child welfare

314-39   services may satisfy the requirement of making reasonable

314-40   efforts pursuant to this section by taking no action

314-41   concerning a child or making no effort to provide services to

314-42   a child if it is reasonable, under the circumstances, to do so.

314-43      Sec. 109.  NRS 432B.396 is hereby amended to read as

314-44   follows:

314-45      432B.396  The division of child and family services

314-46   shall:

315-1     1.  Establish a panel comprised of volunteer members to

315-2  evaluate the extent to which agencies which provide

315-3   [protective] child welfare services are effectively

315-4   discharging their responsibilities for the protection of

315-5   children.

315-6     2.  Adopt regulations to carry out the provisions of

315-7   subsection 1 which must include, without limitation, the

315-8   imposition of appropriate restrictions on the disclosure of

315-9   information obtained by the panel and civil sanctions for the

315-10   violation of those restrictions. The civil sanctions may

315-11   provide for the imposition in appropriate cases of a civil

315-12   penalty of not more than $500. The division may bring an

315-13   action to recover any civil penalty imposed and shall deposit

315-14   any money recovered with the state treasurer for credit to the

315-15   state general fund.

315-16      Sec. 113.  NRS 432B.440 is hereby amended to read as

315-17   follows:

315-18      432B.440  The agency which provides [protective] child

315-19   welfare services shall assist the court during all stages of any

315-20   proceeding in accordance with NRS 432B.410 to 432B.590,

315-21   inclusive, and section 2 of [this act.] Assembly Bill No. 381

315-22   of the 71st session of the Nevada Legislature.

315-23      Sec. 116.  NRS 432B.510 is hereby amended to read as

315-24   follows:

315-25      432B.510  1.  A petition alleging that a child is in need

315-26   of protection may be signed only by:

315-27      (a) A representative of an agency which provides

315-28   [protective] child welfare services;

315-29      (b) A law enforcement officer or probation officer; or

315-30      (c) The district attorney.

315-31    2.  The district attorney shall countersign every petition

315-32   alleging need of protection, and shall represent the interests

315-33   of the public in all proceedings. If the district attorney fails

315-34   or refuses to countersign the petition, the petitioner may seek

315-35   a review by the attorney general. If the attorney general

315-36   determines that a petition should be filed, he shall

315-37   countersign the petition and shall represent the interests of

315-38   the public in all subsequent proceedings.

315-39    3.  Every petition must be entitled, “In the Matter of

315-40   ................, a child,” and must be verified by the person who

315-41   signs it.

315-42    4.  Every petition must set forth specifically:

315-43      (a) The facts which bring the child within the jurisdiction

315-44   of the court as indicated in NRS 432B.410.

315-45      (b) The name, date of birth and address of the residence

315-46   of the child.

316-1      (c) The names and addresses of the residences of his

316-2  parents and any other person responsible for the child’s

316-3   welfare, and spouse if any. If his parents or other person

316-4   responsible for his welfare do not reside in this state or

316-5   cannot be found within the state, or if their addresses are

316-6   unknown, the petition must state the name of any known

316-7   adult relative residing within the state, or if there is none, the

316-8   known adult relative residing nearest to the court.

316-9      (d) Whether the child is in protective custody, and if so,

316-10   the agency responsible for placing the child in protective

316-11   custody and the reasons therefor.

316-12    5.  When any of the facts required by subsection 4 are not

316-13   known, the petition must so state.

316-14      Sec. 118.  NRS 432B.540 is hereby amended to read as

316-15   follows:

316-16      432B.540  1.  If the court finds that the allegations of

316-17   the petition are true, it shall order that a report be made in

316-18   writing by an agency which provides [protective] child

316-19   welfare services, concerning:

316-20      (a) Except as otherwise provided in paragraph (b), the

316-21   conditions in the child’s place of residence, the child’s record

316-22   in school, the mental, physical and social background of his

316-23   family, its financial situation and other matters relevant to

316-24   the case; or

316-25      (b) If the child was delivered to a provider of emergency

316-26   services pursuant to section 1 of Senate Bill No. 191 of [this

316-27   session,] the 71st session of the Nevada Legislature, any

316-28   matters relevant to the case.

316-29    2.  If the agency believes that it is necessary to remove

316-30   the child from the physical custody of his parents, it must

316-31   submit with the report a plan designed to achieve a

316-32   placement of the child in a safe setting as near to the

316-33   residence of his parent as is consistent with the best interests

316-34   and special needs of the child. The plan must include:

316-35      (a) A description of the type, safety and appropriateness

316-36   of the home or institution in which the child could be placed,

316-37   a plan for ensuring that he would receive safe and proper

316-38   care and a description of his needs;

316-39      (b) A description of the services to be provided to the

316-40   child and to a parent to facilitate the return of the child to the

316-41   custody of his parent or to ensure his permanent placement;

316-42      (c) The appropriateness of the services to be provided

316-43   under the plan; and

316-44      (d) A description of how the order of the court will be

316-45   carried out.

317-1      Sec. 119.  NRS 432B.550 is hereby amended to read as

317-2  follows:

317-3      432B.550  1.  If the court finds that a child is in need of

317-4   protection, it may, by its order, after receipt and review of

317-5   the report from the agency which provides [protective] child

317-6   welfare services:

317-7      (a) Permit the child to remain in the temporary or

317-8   permanent custody of his parents or a guardian with or

317-9   without supervision by the court or a person or agency

317-10   designated by the court, and with or without retaining

317-11   jurisdiction of the case, upon such conditions as the court

317-12   may prescribe;

317-13      (b) Place him in the temporary or permanent custody of a

317-14   relative or other person who the court finds suitable to

317-15   receive and care for him with or without supervision, and

317-16   with or without retaining jurisdiction of the case, upon such

317-17   conditions as the court may prescribe;

317-18      (c) Place him in the temporary custody of a public agency

317-19   or institution authorized to care for children, the local

317-20   juvenile probation department, the local department of

317-21   juvenile services, or a private agency or institution licensed

317-22   by the department of human resources or a county whose

317-23   population is 100,000 or more to care for such a child; or

317-24      (d) Commit him to the custody of the superintendent of

317-25   the northern Nevada children’s home or the superintendent

317-26   of the southern Nevada children’s home, in accordance with

317-27   chapter 423 of NRS.

317-28  In carrying out this subsection, the court may, in its sole

317-29   discretion and in compliance with the requirements of

317-30   chapter 159 of NRS, consider an application for the

317-31   guardianship of the child. If the court grants such an

317-32   application, it may retain jurisdiction of the case or transfer

317-33   the case to another court of competent jurisdiction.

317-34    2.  If, pursuant to subsection 1, a child is placed other

317-35   than with a parent:

317-36      (a) The parent retains the right to consent to adoption, to

317-37   determine the child’s religious affiliation and to reasonable

317-38   visitation, unless restricted by the court. If the custodian of

317-39   the child interferes with these rights, the parent may petition

317-40   the court for enforcement of his rights.

317-41      (b) The court shall set forth good cause why the child was

317-42   placed other than with a parent.

317-43    3.  If, pursuant to subsection 1, the child is to be placed

317-44   with a relative, the court may consider, among other factors,

317-45   whether the child has resided with a particular relative for 3

318-1  years or more before the incident which brought the child to

318-2  the court’s attention.

318-3     4.  Except as otherwise provided in this subsection, a

318-4   copy of the report prepared for the court by the agency which

318-5   provides [protective] child welfare services must be sent to

318-6   the custodian and the parent or legal guardian. If the child

318-7   was delivered to a provider of emergency services pursuant

318-8   to section 1 of Senate Bill No. 191 of [this session] the 71st

318-9   session of the Nevada Legislature and the location of the

318-10   parent is unknown, the report need not be sent to that parent.

318-11    5.  In determining the placement of a child pursuant to

318-12   this section, if the child is not permitted to remain in the

318-13   custody of his parents or guardian, preference must be given

318-14   to placing the child:

318-15      (a) With any person related within the third degree of

318-16   consanguinity to the child who is suitable and able to provide

318-17   proper care and guidance for the child, regardless of whether

318-18   the relative resides within this state.

318-19      (b) If practicable, together with his siblings.

318-20  Any search for a relative with whom to place a child pursuant

318-21   to this section must be completed within 1 year after the

318-22   initial placement of the child outside of his home. If a child is

318-23   placed with any person who resides outside of this state, the

318-24   placement must be in accordance with NRS 127.330.

318-25    6.  Within 60 days after the removal of a child from his

318-26   home, the court shall:

318-27      (a) Determine whether:

318-28        (1) The agency which provides [protective] child

318-29   welfare services has made the reasonable efforts required by

318-30   paragraph (a) of subsection 1 of NRS 432B.393; or

318-31        (2) No such efforts are required in the particular case;

318-32   and

318-33      (b) Prepare an explicit statement of the facts upon which

318-34   its determination is based.

318-35      Sec. 129.  Section 1 of Senate Bill No. 191 of the 71st

318-36   session of the Nevada Legislature is hereby amended to read

318-37   as follows:

318-38      Section 1.  Chapter 432B of NRS is hereby amended

318-39   by adding thereto a new section to read as follows:

318-40      1.  A provider of emergency services shall take

318-41   immediate possession of a child who is or appears to be

318-42   not more than 30 days old:

318-43      (a) When:

318-44        (1) The child is voluntarily delivered to the

318-45   provider by a parent of the child; and

319-1         (2) The parent does not express an intent to return

319-2  for the child; or

319-3      (b) When the child is delivered to the provider by

319-4   another provider of emergency services pursuant to

319-5   paragraph (b) of subsection 2.

319-6      2.  A provider of emergency services who takes

319-7   possession of a child pursuant to subsection 1 shall:

319-8      (a) Whenever possible, inform the parent of the child

319-9   that:

319-10        (1) By allowing the provider to take possession of

319-11   the child, the parent is presumed to have abandoned the

319-12   child;

319-13        (2) By failing or refusing to provide an address

319-14   where he can be located, the parent waives any notice of

319-15   the hearing to be conducted pursuant to NRS 432B.470;

319-16   and

319-17        (3) Unless the parent contacts the local agency

319-18   which provides [protective] child welfare services, action

319-19   will be taken to terminate his parental rights regarding the

319-20   child.

319-21      (b) Perform any act necessary to maintain and protect

319-22   the physical health and safety of the child. If the provider

319-23   is a public fire-fighting agency or a law enforcement

319-24   agency, the provider shall immediately cause the safe

319-25   delivery of the child to a hospital, an obstetric center or an

319-26   independent center for emergency medical care licensed

319-27   pursuant to chapter 449 of NRS.

319-28      (c) As soon as reasonably practicable but not later than

319-29   24 hours after the provider takes possession of the child,

319-30   report that possession to an agency which provides

319-31   [protective] child welfare services.

319-32      3.  A parent who delivers a child to a provider of

319-33   emergency services pursuant to paragraph (a) of

319-34   subsection 1:

319-35      (a) Shall leave the child:

319-36        (1) In the physical possession of a person who the

319-37   parent has reasonable cause to believe is an employee of

319-38   the provider; or

319-39        (2) On the property of the provider in a manner and

319-40   location that the parent has reasonable cause to believe

319-41   will not threaten the physical health or safety of the child,

319-42   and immediately contact the provider, through the local

319-43   emergency telephone number or otherwise, and inform

319-44   the provider of the delivery and location of the child. A

319-45   provider of emergency services is not liable for any civil

319-46   damages as a result of any harm or injury sustained by a

320-1  child after the child is left on the property of the provider

320-2  pursuant to this subparagraph and before the provider is

320-3   informed of the delivery and location of the child

320-4   pursuant to this subparagraph or the provider takes

320-5   physical possession of the child, whichever occurs first.

320-6      (b) Shall be deemed to have given his consent to the

320-7   performance of all necessary emergency services and care

320-8   for the child.

320-9      (c) Must not be required to provide any background or

320-10   medical information regarding the child, but may

320-11   voluntarily do so.

320-12      (d) Unless there is reasonable cause to believe that the

320-13   child has been abused or neglected, excluding the mere

320-14   fact that the parent has delivered the child to the provider

320-15   pursuant to subsection 1:

320-16        (1) Must not be required to disclose any identifying

320-17   information, but may voluntarily do so;

320-18        (2) Must be allowed to leave at any time; and

320-19        (3) Must not be pursued or followed.

320-20      4.  As used in this section, “provider of emergency

320-21   services” means:

320-22      (a) A hospital, an obstetric center or an independent

320-23   center for emergency medical care licensed pursuant to

320-24   chapter 449 of NRS;

320-25      (b) A public fire-fighting agency; or

320-26      (c) A law enforcement agency.

320-27      Sec. 139.  1.  This section and sections 128, 129.3,

320-28   129.5, 129.7, 134, 136 and 140 of this act become effective

320-29   upon passage and approval.

320-30    2.  Sections 35 to 39, inclusive, 131, 137 and 138 of this

320-31   act become effective on July 1, 2001.

320-32    3.  Sections 1 to 9, inclusive, 11, 13 to 20, inclusive, 22

320-33   to [34,] 32, inclusive, 34, 40 to 92, inclusive, 94 to 126,

320-34   inclusive, 129, 130, 132, 133 and 135 of this act become

320-35   effective on October 1, 2001.

320-36    4.  Sections 10, 21 , 33 and 93 of this act become

320-37   effective at 12:01 a.m. on October 1, 2001.

320-38    5.  Section 12 of this act becomes effective at 12:02 a.m.

320-39   on October 1, 2001.

320-40    6.  Section 126 of this act expires by limitation on

320-41   January 1, 2005.

320-42    7.  Sections 35 to 39, inclusive, [122] and 131 of this act

320-43   expire by limitation on June 30, 2005.

320-44    8.  Section 127 of this act becomes effective on July 1,

320-45   2005.

321-1     2.  Chapter 1, Statutes of Nevada 2001 Special Session, at page

321-2  57, is hereby amended by adding thereto new sections to be

321-3   designated as sections 129.3, 129.5 and 129.7, immediately

321-4   following section 129, to read as follows:

321-5      Sec. 129.3.  Sections 4, 6 and 15 of chapter 361, Statutes

321-6   of Nevada 2001, at pages 1700, 1701 and 1708, respectively,

321-7   are hereby amended to read respectively as follows:

321-8      Sec. 4.  NRS 432B.190 is hereby amended to read as

321-9   follows:

321-10      432B.190  The division of child and family services

321-11   shall adopt:

321-12      1.  Regulations establishing reasonable and uniform

321-13   standards for:

321-14      (a) Protective services provided in this state;

321-15      (b) Programs for the prevention of abuse or neglect of

321-16   a child;

321-17      (c) The development of local councils involving public

321-18   and private organizations;

321-19      (d) Reports of abuse or neglect, records of these

321-20   reports and the response to these reports;

321-21      (e) Carrying out the provisions of NRS 432B.260,

321-22   including, without limitation, the qualifications of persons

321-23   with whom agencies which provide protective services

321-24   enter into agreements to provide services to children and

321-25   families;

321-26      (f) The management and assessment of reported cases

321-27   of abuse or neglect;

321-28      (g) The protection of the legal rights of parents and

321-29   children;

321-30      (h) Emergency shelter for a child;

321-31      (i) The prevention, identification and correction of

321-32   abuse or neglect of a child in residential institutions;

321-33      (j) Evaluating the development and contents of a plan

321-34   submitted for approval pursuant to NRS 432B.395;

321-35      (k) Developing and distributing to persons who are

321-36   responsible for a child’s welfare a pamphlet that sets forth

321-37   the procedures for taking a child for placement in

321-38   protective custody and the legal rights of persons who are

321-39   parties to a proceeding held pursuant to NRS 432B.410 to

321-40   432B.590, inclusive, [and] section 2 of [this act]

321-41   Assembly Bill No. 248 of this session and sections 2 and

321-42   3 of this act, during all stages of the proceeding; and

321-43      (l) Making the necessary inquiries required pursuant to

321-44   NRS 432B.397 to determine whether a child is an Indian

321-45   child; and

322-1      2.  Such other regulations as are necessary for the

322-2  administration of NRS 432B.010 to 432B.606, inclusive,

322-3   and section 2 of [this act.] Assembly Bill No. 248 of this

322-4   session.

322-5      Sec. 6.  NRS 432B.290 is hereby amended to read as

322-6   follows:

322-7      432B.290  1.  Except as otherwise provided in

322-8   subsections 2, 5 and 6[,] and section 2 of this act, data or

322-9   information concerning reports and investigations thereof

322-10   made pursuant to this chapter may be made available only

322-11   to:

322-12      (a) A physician, if the physician has before him a child

322-13   who he has reasonable cause to believe has been abused

322-14   or neglected;

322-15      (b) A person authorized to place a child in protective

322-16   custody, if the person has before him a child who he has

322-17   reasonable cause to believe has been abused or neglected

322-18   and the person requires the information to determine

322-19   whether to place the child in protective custody;

322-20      (c) An agency, including, without limitation, an

322-21   agency in another jurisdiction, responsible for or

322-22   authorized to undertake the care, treatment or supervision

322-23   of:

322-24        (1) The child; or

322-25        (2) The person responsible for the welfare of the

322-26   child;

322-27      (d) A district attorney or other law enforcement officer

322-28   who requires the information in connection with an

322-29   investigation or prosecution of the abuse or neglect of a

322-30   child;

322-31      (e) A court, for in camera inspection only, unless the

322-32   court determines that public disclosure of the information

322-33   is necessary for the determination of an issue before it;

322-34      (f) A person engaged in bona fide research or an audit,

322-35   but information identifying the subjects of a report must

322-36   not be made available to him;

322-37      (g) The attorney and the guardian ad litem of the child;

322-38      (h) A grand jury upon its determination that access to

322-39   these records is necessary in the conduct of its official

322-40   business;

322-41      (i) A federal, state or local governmental entity, or an

322-42   agency of such an entity, that needs access to the

322-43   information to carry out its legal responsibilities to protect

322-44   children from abuse and neglect;

322-45      (j) A person or an organization that has entered into a

322-46   written agreement with an agency which provides

323-1  protective services to provide assessments or services and

323-2  that has been trained to make such assessments or provide

323-3   such services;

323-4      (k) A team organized pursuant to NRS 432B.350 for

323-5   the protection of a child;

323-6      (l) A team organized pursuant to NRS 432B.405 to

323-7   review the death of a child;

323-8      (m) A parent or legal guardian of the child and an

323-9   attorney of a parent or guardian of the child, if the

323-10   identity of the person responsible for reporting the alleged

323-11   abuse or neglect of the child to a public agency is kept

323-12   confidential;

323-13      (n) The persons who are the subject of a report;

323-14      (o) An agency that is authorized by law to license

323-15   foster homes or facilities for children or to investigate

323-16   persons applying for approval to adopt a child, if the

323-17   agency has before it an application for that license or is

323-18   investigating an applicant to adopt a child;

323-19      (p) Upon written consent of the parent, any officer of

323-20   this state or a city or county thereof or legislator

323-21   authorized, by the agency or department having

323-22   jurisdiction or by the legislature, acting within its

323-23   jurisdiction, to investigate the activities or programs of an

323-24   agency that provides protective services if:

323-25        (1) The identity of the person making the report is

323-26   kept confidential; and

323-27        (2) The officer, legislator or a member of his

323-28   family is not the person alleged to have committed the

323-29   abuse or neglect;

323-30      (q) The division of parole and probation of the

323-31   department of motor vehicles and public safety for use

323-32   pursuant to NRS 176.135 in making a presentence

323-33   investigation and report to the district court or pursuant to

323-34   NRS 176.151 in making a general investigation and

323-35   report;

323-36      (r) Any person who is required pursuant to NRS

323-37   432B.220 to make a report to an agency which provides

323-38   protective services or to a law enforcement agency;

323-39      (s) The rural advisory board to expedite proceedings

323-40   for the placement of children created pursuant to NRS

323-41   432B.602 or a local advisory board to expedite

323-42   proceedings for the placement of children created

323-43   pursuant to NRS 432B.604; or

323-44      (t) The panel established pursuant to NRS 432B.396 to

323-45   evaluate agencies which provide protective services.

324-1      2.  Except as otherwise provided in subsection 3, data

324-2  or information concerning reports and investigations

324-3   thereof made pursuant to this chapter may be made

324-4   available to any member of the general public if the child

324-5   who is the subject of a report dies or is critically injured

324-6   as a result of alleged abuse or neglect, except that the data

324-7   or information which may be disclosed is limited to:

324-8      (a) The fact that a report of abuse or neglect has been

324-9   made and, if appropriate, a factual description of the

324-10   contents of the report;

324-11      (b) Whether an investigation has been initiated

324-12   pursuant to NRS 432B.260, and the result of a completed

324-13   investigation; and

324-14      (c) Such other information as is authorized for

324-15   disclosure by a court pursuant to subsection 4.

324-16      3.  An agency which provides protective services

324-17   shall not disclose data or information pursuant to

324-18   subsection 2 if the agency determines that the disclosure

324-19   is not in the best interests of the child or if disclosure of

324-20   the information would adversely affect any pending

324-21   investigation concerning a report.

324-22      4.  Upon petition, a court of competent jurisdiction

324-23   may authorize the disclosure of additional information to

324-24   the public pursuant to subsection 2 if good cause is shown

324-25   by the petitioner for the disclosure of the additional

324-26   information.

324-27      5.  An agency investigating a report of the abuse or

324-28   neglect of a child shall, upon request, provide to a person

324-29   named in the report as allegedly causing the abuse or

324-30   neglect of the child:

324-31      (a) A copy of:

324-32        (1) Any statement made in writing to an

324-33   investigator for the agency by the person named in the

324-34   report as allegedly causing the abuse or neglect of the

324-35   child; or

324-36        (2) Any recording made by the agency of any

324-37   statement made orally to an investigator for the agency by

324-38   the person named in the report as allegedly causing the

324-39   abuse or neglect of the child; or

324-40      (b) A written summary of the allegations made against

324-41   the person who is named in the report as allegedly

324-42   causing the abuse or neglect of the child. The summary

324-43   must not identify the person responsible for reporting the

324-44   alleged abuse or neglect.

324-45      6.  An agency which provides protective services

324-46   shall disclose the identity of a person who makes a report

325-1  or otherwise initiates an investigation pursuant to this

325-2  chapter if a court, after reviewing the record in camera and

325-3   determining that there is reason to believe that the person

325-4   knowingly made a false report, orders the disclosure.

325-5      7.  Any person, except for:

325-6      (a) The subject of a report;

325-7      (b) A district attorney or other law enforcement officer

325-8   initiating legal proceedings; or

325-9      (c) An employee of the division of parole and

325-10   probation of the department of motor vehicles and public

325-11   safety making a presentence investigation and report to

325-12   the district court pursuant to NRS 176.135 or making a

325-13   general investigation and report pursuant to

325-14  NRS 176.151,

325-15  who is given access, pursuant to subsection 1 or 2, to

325-16   information identifying the subjects of a report and who

325-17   makes this information public is guilty of a misdemeanor.

325-18      8.  The division of child and family services shall

325-19   adopt regulations to carry out the provisions of this

325-20   section.

325-21      Sec. 15.  1.  This section and sections 1, 2, 3, 5 and

325-22   7 to 14, inclusive, of this act [becomes] become effective

325-23   on July 1, 2001.

325-24      2.  Section 4 of this act becomes effective at 12:01

325-25   a.m. on July 1, 2001.

325-26      3.  Section 6 of this act becomes effective at 12:04

325-27   a.m. on July 1, 2001.

325-28      Sec. 129.5.  Section 17 of chapter 381, Statutes of

325-29   Nevada 2001, at page 1850, is hereby amended to read as

325-30   follows:

325-31      Sec. 17.  Section 5 of chapter 557, Statutes of Nevada

325-32   1999, as amended by section 112 of chapter 10, Statutes

325-33   of Nevada 2001, at page [2912,] 212, is hereby amended

325-34   to read as follows:

325-35      Sec. 5.  [1.]  This section and sections 1 and 3 of

325-36   this act become effective upon passage and approval.

325-37      [2.  Sections 2 and 4 of this act become effective at

325-38   12:01 a.m. on July 1, 2001.

325-39      3.  Section 1 of this act expires by limitation on

325-40   June 30, 2001.]

 

 

 

 

 

326-1      Sec. 129.7.  Sections 162 and 241 of chapter 520,

326-2  Statutes of Nevada 2001, at pages 2612 and 2644,

326-3   respectively, are hereby amended to read respectively as

326-4   follows:

326-5      Sec. 162.  NRS 432B.290 is hereby amended to read

326-6   as follows:

326-7      432B.290  1.  Except as otherwise provided in

326-8   subsections 2, 5 and 6 and section 2 of [this act,]

326-9   Assembly Bill No. 429 of this session, data or

326-10   information concerning reports and investigations thereof

326-11   made pursuant to this chapter may be made available only

326-12   to:

326-13      (a) A physician, if the physician has before him a child

326-14   who he has reasonable cause to believe has been abused

326-15   or neglected;

326-16      (b) A person authorized to place a child in protective

326-17   custody, if the person has before him a child who he has

326-18   reasonable cause to believe has been abused or neglected

326-19   and the person requires the information to determine

326-20   whether to place the child in protective custody;

326-21      (c) An agency, including, without limitation, an

326-22   agency in another jurisdiction, responsible for or

326-23   authorized to undertake the care, treatment or supervision

326-24   of:

326-25        (1) The child; or

326-26        (2) The person responsible for the welfare of the

326-27   child;

326-28      (d) A district attorney or other law enforcement officer

326-29   who requires the information in connection with an

326-30   investigation or prosecution of the abuse or neglect of a

326-31   child;

326-32      (e) A court, for in camera inspection only, unless the

326-33   court determines that public disclosure of the information

326-34   is necessary for the determination of an issue before it;

326-35      (f) A person engaged in bona fide research or an audit,

326-36   but information identifying the subjects of a report must

326-37   not be made available to him;

326-38      (g) The attorney and the guardian ad litem of the child;

326-39      (h) A grand jury upon its determination that access to

326-40   these records is necessary in the conduct of its official

326-41   business;

326-42      (i) A federal, state or local governmental entity, or an

326-43   agency of such an entity, that needs access to the

326-44   information to carry out its legal responsibilities to protect

326-45   children from abuse and neglect;

326-46      (j) A person or an organization that has entered into a

326-47   written agreement with an agency which provides

327-1  protective services to provide assessments or services and

327-2  that has been trained to make such assessments or provide

327-3   such services;

327-4      (k) A team organized pursuant to NRS 432B.350 for

327-5   the protection of a child;

327-6      (l) A team organized pursuant to NRS 432B.405 to

327-7   review the death of a child;

327-8      (m) A parent or legal guardian of the child and an

327-9   attorney of a parent or guardian of the child, if the identity

327-10   of the person responsible for reporting the alleged abuse

327-11   or neglect of the child to a public agency is kept

327-12   confidential;

327-13      (n) The persons who are the subject of a report;

327-14      (o) An agency that is authorized by law to license

327-15   foster homes or facilities for children or to investigate

327-16   persons applying for approval to adopt a child, if the

327-17   agency has before it an application for that license or is

327-18   investigating an applicant to adopt a child;

327-19      (p) Upon written consent of the parent, any officer of

327-20   this state or a city or county thereof or legislator

327-21   authorized, by the agency or department having

327-22   jurisdiction or by the legislature, acting within its

327-23   jurisdiction, to investigate the activities or programs of an

327-24   agency that provides protective services if:

327-25        (1) The identity of the person making the report is

327-26   kept confidential; and

327-27        (2) The officer, legislator or a member of his

327-28   family is not the person alleged to have committed the

327-29   abuse or neglect;

327-30      (q) The division of parole and probation of the

327-31   department of [motor vehicles and] public safety for use

327-32   pursuant to NRS 176.135 in making a presentence

327-33   investigation and report to the district court or pursuant to

327-34   NRS 176.151 in making a general investigation and

327-35   report;

327-36      (r) Any person who is required pursuant to NRS

327-37   432B.220 to make a report to an agency which provides

327-38   protective services or to a law enforcement agency;

327-39      (s) The rural advisory board to expedite proceedings

327-40   for the placement of children created pursuant to NRS

327-41   432B.602 or a local advisory board to expedite

327-42   proceedings for the placement of children created

327-43   pursuant to NRS 432B.604; or

327-44      (t) The panel established pursuant to NRS 432B.396 to

327-45   evaluate agencies which provide protective services.

327-46      2.  Except as otherwise provided in subsection 3, data

327-47   or information concerning reports and investigations

328-1  thereof made pursuant to this chapter may be made

328-2  available to any member of the general public if the child

328-3   who is the subject of a report dies or is critically injured

328-4   as a result of alleged abuse or neglect, except that the data

328-5   or information which may be disclosed is limited to:

328-6      (a) The fact that a report of abuse or neglect has been

328-7   made and, if appropriate, a factual description of the

328-8   contents of the report;

328-9      (b) Whether an investigation has been initiated

328-10   pursuant to NRS 432B.260, and the result of a completed

328-11   investigation; and

328-12      (c) Such other information as is authorized for

328-13   disclosure by a court pursuant to subsection 4.

328-14      3.  An agency which provides protective services

328-15   shall not disclose data or information pursuant to

328-16   subsection 2 if the agency determines that the disclosure

328-17   is not in the best interests of the child or if disclosure of

328-18   the information would adversely affect any pending

328-19   investigation concerning a report.

328-20      4.  Upon petition, a court of competent jurisdiction

328-21   may authorize the disclosure of additional information to

328-22   the public pursuant to subsection 2 if good cause is shown

328-23   by the petitioner for the disclosure of the additional

328-24   information.

328-25      5.  An agency investigating a report of the abuse or

328-26   neglect of a child shall, upon request, provide to a person

328-27   named in the report as allegedly causing the abuse or

328-28   neglect of the child:

328-29      (a) A copy of:

328-30        (1) Any statement made in writing to an

328-31   investigator for the agency by the person named in the

328-32   report as allegedly causing the abuse or neglect of the

328-33   child; or

328-34        (2) Any recording made by the agency of any

328-35   statement made orally to an investigator for the agency by

328-36   the person named in the report as allegedly causing the

328-37   abuse or neglect of the child; or

328-38      (b) A written summary of the allegations made against

328-39   the person who is named in the report as allegedly

328-40   causing the abuse or neglect of the child. The summary

328-41   must not identify the person responsible for reporting the

328-42   alleged abuse or neglect.

328-43      6.  An agency which provides protective services

328-44   shall disclose the identity of a person who makes a report

328-45   or otherwise initiates an investigation pursuant to this

328-46   chapter if a court, after reviewing the record in camera

328-47   and

329-1  determining that there is reason to believe that the person

329-2  knowingly made a false report, orders the disclosure.

329-3      7.  Any person, except for:

329-4      (a) The subject of a report;

329-5      (b) A district attorney or other law enforcement officer

329-6   initiating legal proceedings; or

329-7      (c) An employee of the division of parole and

329-8   probation of the department of [motor vehicles and]

329-9   public safety making a presentence investigation and

329-10   report to the district court pursuant to NRS 176.135 or

329-11   making a general investigation and report pursuant to

329-12  NRS 176.151,

329-13  who is given access, pursuant to subsection 1 or 2, to

329-14   information identifying the subjects of a report and who

329-15   makes this information public is guilty of a misdemeanor.

329-16      8.  The division of child and family services shall

329-17   adopt regulations to carry out the provisions of this

329-18   section.

329-19      Sec. 241.  1.  This section and sections 1 to 41,

329-20   inclusive, 43 to 54, inclusive, 56, 57, 59 to 90, inclusive,

329-21   92 to 161, inclusive, 163 to 223, inclusive, 227 to 240,

329-22   inclusive, and 242 of this act become effective upon

329-23   passage and approval for the purpose of authorizing any

329-24   preliminary activities necessary to ensure that the

329-25   provisions of this act are carried out in an orderly fashion

329-26   and on July 1, 2001, for all other purposes.

329-27      2.  Sections 55, 58, 225 and 226 of this act become

329-28   effective at 12:01 a.m. on July 1, 2001.

329-29      3.  Section 162 of this act becomes effective at 12:05

329-30   a.m. on July 1, 2001.

329-31      4.  Sections 42 and 224 of this act become effective

329-32   on January 1, 2002.

329-33    Sec. 104.  1.  Section 5 of chapter 2, Statutes of Nevada 2001

329-34   Special Session, at page 65, is hereby amended to read as follows:

329-35      Sec. 5.  1.  This section and section 3.5 of this act

329-36   become effective on June 30, 2001.

329-37    2.  Sections 1, 2, 3 and 4 of this act [becomes] become

329-38   effective on July 1, 2001.

329-39    2.  Chapter 2, Statutes of Nevada 2001 Special Session, at page

329-40   65, is hereby amended by adding thereto a new section to be

329-41   designated as section 3.5, immediately following section 3, to read

329-42   as follows:

329-43      Sec. 3.5.  Section 1 of chapter 307, Statutes of Nevada

329-44   2001, at page 1438, is hereby repealed.

 

330-1     Sec. 105.  Section 87 of chapter 4, Statutes of Nevada 2001

330-2  Special Session, at page 97, is hereby amended to read as follows:

330-3      Sec. 87.  NRS 287.046 is hereby amended to read as

330-4   follows:

330-5      287.046  1.  Except as otherwise provided in subsection

330-6   6, any state or other participating officer or employee who

330-7   elects to participate in the program may participate, and the

330-8   department, agency, commission or public agency that

330-9   employs the officer or employee shall pay the state’s share of

330-10   the cost of the premiums or contributions for the program

330-11   from money appropriated or authorized as provided in NRS

330-12   287.044. Employees who elect to participate in the program

330-13   must authorize deductions from their compensation for the

330-14   payment of premiums or contributions for the program. Any

330-15   deduction from the compensation of an employee for the

330-16   payment of a premium for health insurance must be based on

330-17   the actual cost of providing that health insurance after

330-18   deducting any amount of the premium which is paid by the

330-19   department, agency, commission or public agency that

330-20   employs the employee. As used in this subsection, “actual

330-21   cost” includes any amount which has been approved by the

330-22   board and which is paid by any department, agency,

330-23   commission or public agency of this state for:

330-24      (a) A program of supplemental insurance;

330-25      (b) Subsidization of premiums for health insurance for

330-26   dependents and retired participants;

330-27      (c) Administrative costs relating to the provision of the

330-28   health insurance; and

330-29      (d) Costs required to maintain adequate reserves.

330-30    2.  The department of personnel shall pay a percentage of

330-31   the base amount provided by law for that fiscal year toward

330-32   the cost of the premiums or contributions for the program for

330-33   persons retired from the service of the state who have

330-34   continued to participate in the program. Except as otherwise

330-35   provided in subsection 3, the percentage to be paid must be

330-36   calculated as follows:

330-37      (a) For those persons who retire before January 1, 1994,

330-38   100 percent of the base amount provided by law for that

330-39   fiscal year.

330-40      (b) For those persons who retire on or after January 1,

330-41   1994, with at least 5 years of state service, 25 percent plus an

330-42   additional 7.5 percent for each year of service in excess of 5

330-43   years to a maximum of 137.5 percent, excluding service

330-44   purchased pursuant to NRS 286.300[,] or section 26 of this

330-45   act, of the base amount provided by law for that fiscal year.

331-1     3.  If the amount calculated pursuant to subsection 2

331-2  exceeds the actual premium or contribution for the plan of the

331-3   program that the retired participant selects, the balance must

331-4   be credited to the fund for the public employees’ benefits

331-5   program created pursuant to NRS 287.0435.

331-6     4.  For the purposes of subsection 2:

331-7      (a) Credit for service must be calculated in the manner

331-8   provided by chapter 286 of NRS.

331-9      (b) No proration may be made for a partial year of

331-10   service.

331-11    5.  The department shall agree through the board with the

331-12   insurer for billing of remaining premiums or contributions

331-13   for the retired participant and his dependents to the retired

331-14   participant and to his dependents who elect to continue

331-15   coverage under the program after his death.

331-16    6.  A senator or assemblyman who elects to participate in

331-17   the program shall pay the entire premium or contribution for

331-18   his insurance.

331-19    Sec. 106.  1.  Sections 2 to 5, inclusive, 10 and 11 of chapter

331-20   7, Statutes of Nevada 2001 Special Session, at pages 109, 112, 115,

331-21   118 and 121, are hereby amended to read respectively as follows:

331-22      Sec. 2.  NRS 360.690 is hereby amended to read as

331-23   follows:

331-24      360.690  1.  Except as otherwise provided in NRS

331-25   360.730, the executive director shall estimate monthly the

331-26   amount each local government, special district and enterprise

331-27   district will receive from the account pursuant to the

331-28   provisions of this section.

331-29    2.  The executive director shall establish a base monthly

331-30   allocation for each local government, special district and

331-31   enterprise district by dividing the amount determined

331-32   pursuant to NRS 360.680 for each local government, special

331-33   district and enterprise district by 12 and the state treasurer

331-34   shall, except as otherwise provided in subsections 3, 4 and 5,

331-35   remit monthly that amount to each local government, special

331-36   district and enterprise district.

331-37    3.  If, after making the allocation to each enterprise

331-38   district for the month, the executive director determines there

331-39   is not sufficient money available in the county’s subaccount

331-40   in the account to allocate to each local government and

331-41   special district the base monthly allocation determined

331-42   pursuant to subsection 2, he shall prorate the money in the

331-43   county’s subaccount and allocate to each local government

331-44   and special district an amount equal to the percentage of the

331-45   amount that the local government or special district received

331-46   from the total amount which was distributed to all local

332-1  governments and special districts within the county for the

332-2  fiscal year immediately preceding the year in which the

332-3   allocation is made. The state treasurer shall remit that

332-4   amount to the local government or special district.

332-5     4.  Except as otherwise provided in subsection 5, if the

332-6   executive director determines that there is money remaining

332-7   in the county’s subaccount in the account after the base

332-8   monthly allocation determined pursuant to subsection 2 has

332-9   been allocated to each local government, special district and

332-10   enterprise district, he shall immediately determine and

332-11   allocate each:

332-12      (a) Local government’s share of the remaining money by:

332-13        (1) Multiplying one-twelfth of the sum of:

332-14            (I) Twenty-five percent of the amount allocated

332-15   pursuant to NRS 360.680 multiplied by [one plus] the sum of

332-16   the [:

332-17            (I) Percentage] average percentage of change in

332-18   the population of the local government for the fiscal year

332-19   immediately preceding the year in which the allocation is

332-20   made and the 4 fiscal years immediately preceding the year

332-21   in which the allocation is made, as certified by the governor

332-22   pursuant to NRS 360.285 , except as otherwise provided in

332-23   subsection 6 [; and

332-24            (II) Average] , and the average percentage of

332-25   change in the assessed valuation of the taxable property in

332-26   the local government, including assessed valuation

332-27   attributable to a redevelopment agency but excluding the

332-28   portion attributable to the net proceeds of minerals, over the

332-29   year in which the allocation is made, as projected by the

332-30   department pursuant to NRS 361.390, and the 4 fiscal years

332-31   immediately preceding the year in which the allocation is

332-32   made; and

332-33            (II) Seventy-five percent of the amount allocated

332-34   pursuant to NRS 360.680 multiplied by one plus the sum of

332-35   the average percentage of change in the population of the

332-36   local government for the fiscal year immediately preceding

332-37   the year in which the allocation is made and the 4 fiscal

332-38   years immediately preceding the year in which the

332-39   allocation is made, as certified by the governor pursuant to

332-40   NRS 360.285, except as otherwise provided in subsection 6,

332-41   and the average percentage of change in the assessed

332-42   valuation of the taxable property in the local government,

332-43   including assessed valuation attributable to a

332-44   redevelopment agency but excluding the portion

332-45   attributable to the net proceeds of minerals, over the year in

332-46   which the allocation is made, as projected by the

332-47   department pursuant to NRS

333-1  361.390, and the 4 fiscal years immediately preceding the

333-2  year in which the allocation is made; and

333-3         (2) Using the figure calculated pursuant to

333-4   subparagraph (1) to calculate and allocate to each local

333-5   government an amount equal to the proportion that the figure

333-6   calculated pursuant to subparagraph (1) bears to the total

333-7   amount of the figures calculated pursuant to subparagraph

333-8   (1) of this paragraph and subparagraph (1) of paragraph (b),

333-9   respectively, for the local governments and special districts

333-10   located in the same county multiplied by the total amount

333-11   available in the subaccount; and

333-12      (b) Special district’s share of the remaining money by:

333-13        (1) Multiplying one-twelfth of the sum of:

333-14            (I) Twenty-five percent of the amount allocated

333-15   pursuant to NRS 360.680 multiplied by [one plus] the

333-16   average change in the assessed valuation of the taxable

333-17   property in the special district, including assessed valuation

333-18   attributable to a redevelopment agency but excluding the

333-19   portion attributable to the net proceeds of minerals, over the

333-20   5 fiscal years immediately preceding the year in which the

333-21   allocation is made; and

333-22            (II) Seventy-five percent of the amount allocated

333-23   pursuant to NRS 360.680 multiplied by one plus the

333-24   average change in the assessed valuation of the taxable

333-25   property in the special district, including assessed valuation

333-26   attributable to a redevelopment agency but excluding the

333-27   portion attributable to the net proceeds of minerals, over

333-28   the 5 fiscal years immediately preceding the year in which

333-29   the allocation is made; and

333-30        (2) Using the figure calculated pursuant to

333-31   subparagraph (1) to calculate and allocate to each special

333-32   district an amount equal to the proportion that the figure

333-33   calculated pursuant to subparagraph (1) bears to the total

333-34   amount of the figures calculated pursuant to subparagraph

333-35   (1) of this paragraph and subparagraph (1) of paragraph (a),

333-36   respectively, for the local governments and special districts

333-37   located in the same county multiplied by the total amount

333-38   available in the subaccount.

333-39  The state treasurer shall remit the amount allocated to each

333-40   local government or special district pursuant to this

333-41   subsection.

333-42    5.  The executive director shall not allocate any amount

333-43   to a local government or special district pursuant to

333-44   subsection 4, unless the amount distributed and allocated to

333-45   each of the local governments and special districts in the

333-46   county in each preceding month of the fiscal year in which

334-1  the allocation is to be made was at least equal to the base

334-2  monthly allocation determined pursuant to subsection 2. If the

334-3   amounts distributed to the local governments and special

334-4   districts in the county for the preceding months of the fiscal

334-5   year in which the allocation is to be made were less than the

334-6   base monthly allocation determined pursuant to subsection 2

334-7   and the executive director determines there is money

334-8   remaining in the county’s subaccount in the account after the

334-9   distribution for the month has been made, he shall:

334-10      (a) Determine the amount by which the base monthly

334-11   allocations determined pursuant to subsection 2 for each

334-12   local government and special district in the county for the

334-13   preceding months of the fiscal year in which the allocation is

334-14   to be made exceeds the amounts actually received by the

334-15   local governments and special districts in the county for the

334-16   same period; and

334-17      (b) Compare the amount determined pursuant to

334-18   paragraph (a) to the amount of money remaining in the

334-19   county’s subaccount in the account to determine which

334-20   amount is greater.

334-21  If the executive director determines that the amount

334-22   determined pursuant to paragraph (a) is greater, he shall

334-23   allocate the money remaining in the county’s subaccount in

334-24   the account pursuant to the provisions of subsection 3. If the

334-25   executive director determines that the amount of money

334-26   remaining in the county’s subaccount in the account is

334-27   greater, he shall first allocate the money necessary for each

334-28   local government and special district to receive the base

334-29   monthly allocation determined pursuant to subsection 2 and

334-30   the state treasurer shall remit that money so allocated. The

334-31   executive director shall allocate any additional money in the

334-32   county’s subaccount in the account pursuant to the

334-33   provisions of subsection 4.

334-34    6.  The percentage change calculated pursuant to

334-35   paragraph (a) of subsection 4 must:

334-36      (a) Except as otherwise provided in paragraph (c), if the

334-37   Bureau of the Census of the United States Department of

334-38   Commerce issues population totals that conflict with the

334-39   totals certified by the governor pursuant to NRS 360.285, be

334-40   an estimate of the change in population for the calendar year,

334-41   based upon the population totals issued by the Bureau of the

334-42   Census.

334-43      (b) If a new method of determining population is

334-44   established pursuant to NRS 360.283, be adjusted in a

334-45   manner that will result in the percentage change being based

334-46   on population determined pursuant to the new method for

334-47   both

335-1  the fiscal year in which the allocation is made and the fiscal

335-2  year immediately preceding the year in which the allocation

335-3   is made.

335-4      (c) If a local government files a formal appeal with the

335-5   Bureau of the Census of the United States Department of

335-6   Commerce concerning the population total of the local

335-7   government issued by the Bureau of the Census, be

335-8   calculated using the population total certified by the

335-9   governor pursuant to NRS 360.285 until the appeal is

335-10   resolved. If additional money is allocated to the local

335-11   government because the population total certified by the

335-12   governor is greater than the population total issued by the

335-13   Bureau of the Census, the state treasurer shall deposit that

335-14   additional money in a separate interest-bearing account.

335-15   Upon resolution of the appeal, if the population total finally

335-16   determined pursuant to the appeal is:

335-17        (1) Equal to or less than the population total initially

335-18   issued by the Bureau of the Census, the state treasurer shall

335-19   transfer the total amount in the separate interest-bearing

335-20   account, including interest but excluding any administrative

335-21   fees, to the local government tax distribution account for

335-22   allocation among the local governments in the county

335-23   pursuant to subsection 4.

335-24        (2) Greater than the population total initially issued by

335-25   the Bureau of the Census, the executive director shall

335-26   calculate the amount that would have been allocated to the

335-27   local government pursuant to subsection 4 if the population

335-28   total finally determined pursuant to the appeal had been used

335-29   and the state treasurer shall remit to the local government an

335-30   amount equal to the difference between the amount actually

335-31   distributed and the amount calculated pursuant to this

335-32   subparagraph or the total amount in the separate interest

335-33  -bearing account, including interest but excluding any

335-34   administrative fees, whichever is less.

335-35    7.  On or before February 15 of each year, the executive

335-36   director shall provide to each local government, special

335-37   district and enterprise district a preliminary estimate of the

335-38   revenue it will receive from the account for that fiscal year.

335-39    8.  On or before March 15 of each year, the executive

335-40   director shall:

335-41      (a) Make an estimate of the receipts from each tax

335-42   included in the account on an accrual basis for the next fiscal

335-43   year in accordance with generally accepted accounting

335-44   principles, including an estimate for each county of the

335-45   receipts from each tax included in the account; and

335-46      (b) Provide to each local government, special district and

335-47   enterprise district an estimate of the amount that local

336-1  government, special district or enterprise district would

336-2  receive based upon the estimate made pursuant to paragraph

336-3   (a) and calculated pursuant to the provisions of this section.

336-4     9.  A local government, special district or enterprise

336-5   district may use the estimate provided by the executive

336-6   director pursuant to subsection 8 in the preparation of its

336-7   budget.

336-8      Sec. 3.  NRS 360.690 is hereby amended to read as

336-9   follows:

336-10      360.690  1.  Except as otherwise provided in NRS

336-11   360.730, the executive director shall estimate monthly the

336-12   amount each local government, special district and enterprise

336-13   district will receive from the account pursuant to the

336-14   provisions of this section.

336-15    2.  The executive director shall establish a base monthly

336-16   allocation for each local government, special district and

336-17   enterprise district by dividing the amount determined

336-18   pursuant to NRS 360.680 for each local government, special

336-19   district and enterprise district by 12 and the state treasurer

336-20   shall, except as otherwise provided in subsections 3, 4 and 5,

336-21   remit monthly that amount to each local government, special

336-22   district and enterprise district.

336-23    3.  If, after making the allocation to each enterprise

336-24   district for the month, the executive director determines there

336-25   is not sufficient money available in the county’s subaccount

336-26   in the account to allocate to each local government and

336-27   special district the base monthly allocation determined

336-28   pursuant to subsection 2, he shall prorate the money in the

336-29   county’s subaccount and allocate to each local government

336-30   and special district an amount equal to the percentage of the

336-31   amount that the local government or special district received

336-32   from the total amount which was distributed to all local

336-33   governments and special districts within the county for the

336-34   fiscal year immediately preceding the year in which the

336-35   allocation is made. The state treasurer shall remit that

336-36   amount to the local government or special district.

336-37    4.  Except as otherwise provided in subsection 5, if the

336-38   executive director determines that there is money remaining

336-39   in the county’s subaccount in the account after the base

336-40   monthly allocation determined pursuant to subsection 2 has

336-41   been allocated to each local government, special district and

336-42   enterprise district, he shall immediately determine and

336-43   allocate each:

336-44      (a) Local government’s share of the remaining money by:

336-45        (1) Multiplying one-twelfth of the sum of:

337-1             (I) Fifty percent of the amount allocated pursuant

337-2  to NRS 360.680 multiplied by [one plus] the sum of the [:

337-3             (I) Percentage] average percentage of change in

337-4   the population of the local government for the fiscal year

337-5   immediately preceding the year in which the allocation is

337-6   made and the 4 fiscal years immediately preceding the year

337-7   in which the allocation is made, as certified by the governor

337-8   pursuant to NRS 360.285 , except as otherwise provided in

337-9   subsection 6 [; and

337-10            (II) Average] , and the average percentage of

337-11   change in the assessed valuation of the taxable property in

337-12   the local government, including assessed valuation

337-13   attributable to a redevelopment agency but excluding the

337-14   portion attributable to the net proceeds of minerals, over the

337-15   year in which the allocation is made, as projected by the

337-16   department pursuant to NRS 361.390, and the 4 fiscal years

337-17   immediately preceding the year in which the allocation is

337-18   made; and

337-19            (II) Fifty percent of the amount allocated

337-20   pursuant to NRS 360.680 multiplied by one plus the sum of

337-21   the average percentage of change in the population of the

337-22   local government for the fiscal year immediately preceding

337-23   the year in which the allocation is made and the 4 fiscal

337-24   years immediately preceding the year in which the

337-25   allocation is made, as certified by the governor pursuant to

337-26   NRS 360.285, except as otherwise provided in subsection 6,

337-27   and the average percentage of change in the assessed

337-28   valuation of the taxable property in the local government,

337-29   including assessed valuation attributable to a

337-30   redevelopment agency but excluding the portion

337-31   attributable to the net proceeds of minerals, over the year in

337-32   which the allocation is made, as projected by the

337-33   department pursuant to NRS 361.390, and the 4 fiscal years

337-34   immediately preceding the year in which the allocation is

337-35   made; and

337-36        (2) Using the figure calculated pursuant to

337-37   subparagraph (1) to calculate and allocate to each local

337-38   government an amount equal to the proportion that the figure

337-39   calculated pursuant to subparagraph (1) bears to the total

337-40   amount of the figures calculated pursuant to subparagraph

337-41   (1) of this paragraph and subparagraph (1) of paragraph (b),

337-42   respectively, for the local governments and special districts

337-43   located in the same county multiplied by the total amount

337-44   available in the subaccount; and

337-45      (b) Special district’s share of the remaining money by:

337-46        (1) Multiplying one-twelfth of the sum of:

337-47            (I) Fifty percent of the amount allocated pursuant

337-48   to NRS 360.680 multiplied by [one plus] the average change

338-1  in the assessed valuation of the taxable property in the special

338-2  district, including assessed valuation attributable to a

338-3   redevelopment agency but excluding the portion attributable

338-4   to the net proceeds of minerals, over the 5 fiscal years

338-5   immediately preceding the year in which the allocation is

338-6   made; and

338-7             (II) Fifty percent of the amount allocated

338-8   pursuant to NRS 360.680 multiplied by one plus the

338-9   average change in the assessed valuation of the taxable

338-10   property in the special district, including assessed valuation

338-11   attributable to a redevelopment agency but excluding the

338-12   portion attributable to the net proceeds of minerals, over

338-13   the 5 fiscal years immediately preceding the year in which

338-14   the allocation is made; and

338-15        (2) Using the figure calculated pursuant to

338-16   subparagraph (1) to calculate and allocate to each special

338-17   district an amount equal to the proportion that the figure

338-18   calculated pursuant to subparagraph (1) bears to the total

338-19   amount of the figures calculated pursuant to subparagraph

338-20   (1) of this paragraph and subparagraph (1) of paragraph (a),

338-21   respectively, for the local governments and special districts

338-22   located in the same county multiplied by the total amount

338-23   available in the subaccount.

338-24  The state treasurer shall remit the amount allocated to each

338-25   local government or special district pursuant to this

338-26   subsection.

338-27    5.  The executive director shall not allocate any amount

338-28   to a local government or special district pursuant to

338-29   subsection 4, unless the amount distributed and allocated to

338-30   each of the local governments and special districts in the

338-31   county in each preceding month of the fiscal year in which

338-32   the allocation is to be made was at least equal to the base

338-33   monthly allocation determined pursuant to subsection 2. If

338-34   the amounts distributed to the local governments and special

338-35   districts in the county for the preceding months of the fiscal

338-36   year in which the allocation is to be made were less than the

338-37   base monthly allocation determined pursuant to subsection 2

338-38   and the executive director determines there is money

338-39   remaining in the county’s subaccount in the account after the

338-40   distribution for the month has been made, he shall:

338-41      (a) Determine the amount by which the base monthly

338-42   allocations determined pursuant to subsection 2 for each

338-43   local government and special district in the county for the

338-44   preceding months of the fiscal year in which the allocation is

338-45   to be made exceeds the amounts actually received by the

338-46   local

339-1  governments and special districts in the county for the same

339-2  period; and

339-3      (b) Compare the amount determined pursuant to

339-4   paragraph (a) to the amount of money remaining in the

339-5   county’s subaccount in the account to determine which

339-6   amount is greater.

339-7  If the executive director determines that the amount

339-8   determined pursuant to paragraph (a) is greater, he shall

339-9   allocate the money remaining in the county’s subaccount in

339-10   the account pursuant to the provisions of subsection 3. If the

339-11   executive director determines that the amount of money

339-12   remaining in the county’s subaccount in the account is

339-13   greater, he shall first allocate the money necessary for each

339-14   local government and special district to receive the base

339-15   monthly allocation determined pursuant to subsection 2 and

339-16   the state treasurer shall remit that money so allocated. The

339-17   executive director shall allocate any additional money in the

339-18   county’s subaccount in the account pursuant to the

339-19   provisions of subsection 4.

339-20    6.  The percentage change calculated pursuant to

339-21   paragraph (a) of subsection 4 must:

339-22      (a) Except as otherwise provided in paragraph (c), if the

339-23   Bureau of the Census of the United States Department of

339-24   Commerce issues population totals that conflict with the

339-25   totals certified by the governor pursuant to NRS 360.285, be

339-26   an estimate of the change in population for the calendar year,

339-27   based upon the population totals issued by the Bureau of the

339-28   Census.

339-29      (b) If a new method of determining population is

339-30   established pursuant to NRS 360.283, be adjusted in a

339-31   manner that will result in the percentage change being based

339-32   on population determined pursuant to the new method for

339-33   both the fiscal year in which the allocation is made and the

339-34   fiscal year immediately preceding the year in which the

339-35   allocation is made.

339-36      (c) If a local government files a formal appeal with the

339-37   Bureau of the Census of the United States Department of

339-38   Commerce concerning the population total of the local

339-39   government issued by the Bureau of the Census, be

339-40   calculated using the population total certified by the

339-41   governor pursuant to NRS 360.285 until the appeal is

339-42   resolved. If additional money is allocated to the local

339-43   government because the population total certified by the

339-44   governor is greater than the population total issued by the

339-45   Bureau of the Census, the state treasurer shall deposit that

339-46   additional money in a separate

340-1  interest-bearing account. Upon resolution of the appeal, if the

340-2  population total finally determined pursuant to the appeal is:

340-3         (1) Equal to or less than the population total initially

340-4   issued by the Bureau of the Census, the state treasurer shall

340-5   transfer the total amount in the separate interest-bearing

340-6   account, including interest but excluding any administrative

340-7   fees, to the local government tax distribution account for

340-8   allocation among the local governments in the county

340-9   pursuant to subsection 4.

340-10        (2) Greater than the population total initially issued by

340-11   the Bureau of the Census, the executive director shall

340-12   calculate the amount that would have been allocated to the

340-13   local government pursuant to subsection 4 if the population

340-14   total finally determined pursuant to the appeal had been used

340-15   and the state treasurer shall remit to the local government an

340-16   amount equal to the difference between the amount actually

340-17   distributed and the amount calculated pursuant to this

340-18   subparagraph or the total amount in the separate interest

340-19  -bearing account, including interest but excluding any

340-20   administrative fees, whichever is less.

340-21    7.  On or before February 15 of each year, the executive

340-22   director shall provide to each local government, special

340-23   district and enterprise district a preliminary estimate of the

340-24   revenue it will receive from the account for that fiscal year.

340-25    8.  On or before March 15 of each year, the executive

340-26   director shall:

340-27      (a) Make an estimate of the receipts from each tax

340-28   included in the account on an accrual basis for the next fiscal

340-29   year in accordance with generally accepted accounting

340-30   principles, including an estimate for each county of the

340-31   receipts from each tax included in the account; and

340-32      (b) Provide to each local government, special district and

340-33   enterprise district an estimate of the amount that local

340-34   government, special district or enterprise district would

340-35   receive based upon the estimate made pursuant to paragraph

340-36   (a) and calculated pursuant to the provisions of this section.

340-37    9.  A local government, special district or enterprise

340-38   district may use the estimate provided by the executive

340-39   director pursuant to subsection 8 in the preparation of its

340-40   budget.

340-41      Sec. 4.  NRS 360.690 is hereby amended to read as

340-42   follows:

340-43      360.690  1.  Except as otherwise provided in NRS

340-44   360.730, the executive director shall estimate monthly the

340-45   amount each local government, special district and enterprise

341-1  district will receive from the account pursuant to the

341-2  provisions of this section.

341-3     2.  The executive director shall establish a base monthly

341-4   allocation for each local government, special district and

341-5   enterprise district by dividing the amount determined

341-6   pursuant to NRS 360.680 for each local government, special

341-7   district and enterprise district by 12 and the state treasurer

341-8   shall, except as otherwise provided in subsections 3, 4 and 5,

341-9   remit monthly that amount to each local government, special

341-10   district and enterprise district.

341-11    3.  If, after making the allocation to each enterprise

341-12   district for the month, the executive director determines there

341-13   is not sufficient money available in the county’s subaccount

341-14   in the account to allocate to each local government and

341-15   special district the base monthly allocation determined

341-16   pursuant to subsection 2, he shall prorate the money in the

341-17   county’s subaccount and allocate to each local government

341-18   and special district an amount equal to the percentage of the

341-19   amount that the local government or special district received

341-20   from the total amount which was distributed to all local

341-21   governments and special districts within the county for the

341-22   fiscal year immediately preceding the year in which the

341-23   allocation is made. The state treasurer shall remit that

341-24   amount to the local government or special district.

341-25    4.  Except as otherwise provided in subsection 5, if the

341-26   executive director determines that there is money remaining

341-27   in the county’s subaccount in the account after the base

341-28   monthly allocation determined pursuant to subsection 2 has

341-29   been allocated to each local government, special district and

341-30   enterprise district, he shall immediately determine and

341-31   allocate each:

341-32      (a) Local government’s share of the remaining money by:

341-33        (1) Multiplying one-twelfth of the sum of:

341-34            (I) Seventy-five percent of the amount allocated

341-35   pursuant to NRS 360.680 multiplied by [one plus] the sum of

341-36   the [:

341-37            (I) Percentage] average percentage of change in

341-38   the population of the local government for the fiscal year

341-39   immediately preceding the year in which the allocation is

341-40   made and the 4 fiscal years immediately preceding the year

341-41   in which the allocation is made, as certified by the governor

341-42   pursuant to NRS 360.285 , except as otherwise provided in

341-43   subsection 6 [; and

341-44            (II) Average] , and the average percentage of

341-45   change in the assessed valuation of the taxable property in

341-46   the local government, including assessed valuation

341-47   attributable to

342-1  a redevelopment agency but excluding the portion attributable

342-2  to the net proceeds of minerals, over the year in which the

342-3   allocation is made, as projected by the department pursuant

342-4   to NRS 361.390, and the 4 fiscal years immediately

342-5   preceding the year in which the allocation is made; and

342-6             (II) Twenty-five percent of the amount allocated

342-7   pursuant to NRS 360.680 multiplied by one plus the sum of

342-8   the average percentage of change in the population of the

342-9   local government for the fiscal year immediately preceding

342-10   the year in which the allocation is made and the 4 fiscal

342-11   years immediately preceding the year in which the

342-12   allocation is made, as certified by the governor pursuant to

342-13   NRS 360.285, except as otherwise provided in subsection 6,

342-14   and the average percentage of change in the assessed

342-15   valuation of the taxable property in the local government,

342-16   including assessed valuation attributable to a

342-17   redevelopment agency but excluding the portion

342-18   attributable to the net proceeds of minerals, over the year in

342-19   which the allocation is made, as projected by the

342-20   department pursuant to NRS 361.390, and the 4 fiscal years

342-21   immediately preceding the year in which the allocation is

342-22   made; and

342-23        (2) Using the figure calculated pursuant to

342-24   subparagraph (1) to calculate and allocate to each local

342-25   government an amount equal to the proportion that the figure

342-26   calculated pursuant to subparagraph (1) bears to the total

342-27   amount of the figures calculated pursuant to subparagraph

342-28   (1) of this paragraph and subparagraph (1) of paragraph (b),

342-29   respectively, for the local governments and special districts

342-30   located in the same county multiplied by the total amount

342-31   available in the subaccount; and

342-32      (b) Special district’s share of the remaining money by:

342-33        (1) Multiplying one-twelfth of the sum of:

342-34            (I) Seventy-five percent of the amount allocated

342-35   pursuant to NRS 360.680 multiplied by [one plus] the

342-36   average change in the assessed valuation of the taxable

342-37   property in the special district, including assessed valuation

342-38   attributable to a redevelopment agency but excluding the

342-39   portion attributable to the net proceeds of minerals, over the

342-40   5 fiscal years immediately preceding the year in which the

342-41   allocation is made; and

342-42            (II) Twenty-five percent of the amount allocated

342-43   pursuant to NRS 360.680 multiplied by one plus the

342-44   average change in the assessed valuation of the taxable

342-45   property in the special district, including assessed valuation

342-46   attributable to a redevelopment agency but excluding the

342-47   portion attributable to the net proceeds of minerals, over

342-48   the 5 fiscal

343-1  years immediately preceding the year in which the

343-2  allocation is made; and

343-3         (2) Using the figure calculated pursuant to

343-4   subparagraph (1) to calculate and allocate to each special

343-5   district an amount equal to the proportion that the figure

343-6   calculated pursuant to subparagraph (1) bears to the total

343-7   amount of the figures calculated pursuant to subparagraph

343-8   (1) of this paragraph and subparagraph (1) of paragraph (a),

343-9   respectively, for the local governments and special districts

343-10   located in the same county multiplied by the total amount

343-11   available in the subaccount.

343-12  The state treasurer shall remit the amount allocated to each

343-13   local government or special district pursuant to this

343-14   subsection.

343-15    5.  The executive director shall not allocate any amount

343-16   to a local government or special district pursuant to

343-17   subsection 4, unless the amount distributed and allocated to

343-18   each of the local governments and special districts in the

343-19   county in each preceding month of the fiscal year in which

343-20   the allocation is to be made was at least equal to the base

343-21   monthly allocation determined pursuant to subsection 2. If

343-22   the amounts distributed to the local governments and special

343-23   districts in the county for the preceding months of the fiscal

343-24   year in which the allocation is to be made were less than the

343-25   base monthly allocation determined pursuant to subsection 2

343-26   and the executive director determines there is money

343-27   remaining in the county’s subaccount in the account after the

343-28   distribution for the month has been made, he shall:

343-29      (a) Determine the amount by which the base monthly

343-30   allocations determined pursuant to subsection 2 for each

343-31   local government and special district in the county for the

343-32   preceding months of the fiscal year in which the allocation is

343-33   to be made exceeds the amounts actually received by the

343-34   local governments and special districts in the county for the

343-35   same period; and

343-36      (b) Compare the amount determined pursuant to

343-37   paragraph (a) to the amount of money remaining in the

343-38   county’s subaccount in the account to determine which

343-39   amount is greater.

343-40  If the executive director determines that the amount

343-41   determined pursuant to paragraph (a) is greater, he shall

343-42   allocate the money remaining in the county’s subaccount in

343-43   the account pursuant to the provisions of subsection 3. If the

343-44   executive director determines that the amount of money

343-45   remaining in the county’s subaccount in the account is

343-46   greater, he shall first allocate the money necessary for each

344-1  local government and special district to receive the base

344-2  monthly allocation determined pursuant to subsection 2 and

344-3   the state treasurer shall remit that money so allocated. The

344-4   executive director shall allocate any additional money in the

344-5   county’s subaccount in the account pursuant to the

344-6   provisions of subsection 4.

344-7     6.  The percentage change calculated pursuant to

344-8   paragraph (a) of subsection 4 must:

344-9      (a) Except as otherwise provided in paragraph (c), if the

344-10   Bureau of the Census of the United States Department of

344-11   Commerce issues population totals that conflict with the

344-12   totals certified by the governor pursuant to NRS 360.285, be

344-13   an estimate of the change in population for the calendar year,

344-14   based upon the population totals issued by the Bureau of the

344-15   Census.

344-16      (b) If a new method of determining population is

344-17   established pursuant to NRS 360.283, be adjusted in a

344-18   manner that will result in the percentage change being based

344-19   on population determined pursuant to the new method for

344-20   both the fiscal year in which the allocation is made and the

344-21   fiscal year immediately preceding the year in which the

344-22   allocation is made.

344-23      (c) If a local government files a formal appeal with the

344-24   Bureau of the Census of the United States Department of

344-25   Commerce concerning the population total of the local

344-26   government issued by the Bureau of the Census, be

344-27   calculated using the population total certified by the

344-28   governor pursuant to NRS 360.285 until the appeal is

344-29   resolved. If additional money is allocated to the local

344-30   government because the population total certified by the

344-31   governor is greater than the population total issued by the

344-32   Bureau of the Census, the state treasurer shall deposit that

344-33   additional money in a separate interest-bearing account.

344-34   Upon resolution of the appeal, if the population total finally

344-35   determined pursuant to the appeal is:

344-36        (1) Equal to or less than the population total initially

344-37   issued by the Bureau of the Census, the state treasurer shall

344-38   transfer the total amount in the separate interest-bearing

344-39   account, including interest but excluding any administrative

344-40   fees, to the local government tax distribution account for

344-41   allocation among the local governments in the county

344-42   pursuant to subsection 4.

344-43        (2) Greater than the population total initially issued by

344-44   the Bureau of the Census, the executive director shall

344-45   calculate the amount that would have been allocated to the

344-46   local government pursuant to subsection 4 if the population

344-47   total finally determined pursuant to the appeal had been used

345-1  and the state treasurer shall remit to the local government an

345-2  amount equal to the difference between the amount actually

345-3   distributed and the amount calculated pursuant to this

345-4   subparagraph or the total amount in the separate interest

345-5  -bearing account, including interest but excluding any

345-6   administrative fees, whichever is less.

345-7     7.  On or before February 15 of each year, the executive

345-8   director shall provide to each local government, special

345-9   district and enterprise district a preliminary estimate of the

345-10   revenue it will receive from the account for that fiscal year.

345-11    8.  On or before March 15 of each year, the executive

345-12   director shall:

345-13      (a) Make an estimate of the receipts from each tax

345-14   included in the account on an accrual basis for the next fiscal

345-15   year in accordance with generally accepted accounting

345-16   principles, including an estimate for each county of the

345-17   receipts from each tax included in the account; and

345-18      (b) Provide to each local government, special district and

345-19   enterprise district an estimate of the amount that local

345-20   government, special district or enterprise district would

345-21   receive based upon the estimate made pursuant to paragraph

345-22   (a) and calculated pursuant to the provisions of this section.

345-23    9.  A local government, special district or enterprise

345-24   district may use the estimate provided by the executive

345-25   director pursuant to subsection 8 in the preparation of its

345-26   budget.

345-27      Sec. 5.  NRS 360.690 is hereby amended to read as

345-28   follows:

345-29      360.690  1.  Except as otherwise provided in NRS

345-30   360.730, the executive director shall estimate monthly the

345-31   amount each local government, special district and enterprise

345-32   district will receive from the account pursuant to the

345-33   provisions of this section.

345-34    2.  The executive director shall establish a base monthly

345-35   allocation for each local government, special district and

345-36   enterprise district by dividing the amount determined

345-37   pursuant to NRS 360.680 for each local government, special

345-38   district and enterprise district by 12 and the state treasurer

345-39   shall, except as otherwise provided in subsections 3, 4 and 5,

345-40   remit monthly that amount to each local government, special

345-41   district and enterprise district.

345-42    3.  If, after making the allocation to each enterprise

345-43   district for the month, the executive director determines there

345-44   is not sufficient money available in the county’s subaccount

345-45   in the account to allocate to each local government and

345-46   special district the base monthly allocation determined

346-1  pursuant to subsection 2, he shall prorate the money in the

346-2  county’s subaccount and allocate to each local government

346-3   and special district an amount equal to the percentage of the

346-4   amount that the local government or special district received

346-5   from the total amount which was distributed to all local

346-6   governments and special districts within the county for the

346-7   fiscal year immediately preceding the year in which the

346-8   allocation is made. The state treasurer shall remit that

346-9   amount to the local government or special district.

346-10    4.  Except as otherwise provided in subsection 5, if the

346-11   executive director determines that there is money remaining

346-12   in the county’s subaccount in the account after the base

346-13   monthly allocation determined pursuant to subsection 2 has

346-14   been allocated to each local government, special district and

346-15   enterprise district, he shall immediately determine and

346-16   allocate each:

346-17      (a) Local government’s share of the remaining money by:

346-18        (1) Multiplying one-twelfth of the amount allocated

346-19   pursuant to NRS 360.680 by [one plus] the sum of the:

346-20            (I) [Percentage] Average percentage of change in

346-21   the population of the local government for the fiscal year

346-22   immediately preceding the year in which the allocation is

346-23   made and the 4 fiscal years immediately preceding the year

346-24   in which the allocation is made, as certified by the governor

346-25   pursuant to NRS 360.285 except as otherwise provided in

346-26   subsection 6; and

346-27            (II) Average percentage of change in the assessed

346-28   valuation of the taxable property in the local government,

346-29   including assessed valuation attributable to a redevelopment

346-30   agency but excluding the portion attributable to the net

346-31   proceeds of minerals, over the year in which the allocation is

346-32   made, as projected by the department pursuant to NRS

346-33   361.390, and the 4 fiscal years immediately preceding the

346-34   year in which the allocation is made; and

346-35        (2) Using the figure calculated pursuant to

346-36   subparagraph (1) to calculate and allocate to each local

346-37   government an amount equal to the proportion that the figure

346-38   calculated pursuant to subparagraph (1) bears to the total

346-39   amount of the figures calculated pursuant to subparagraph

346-40   (1) of this paragraph and subparagraph (1) of paragraph (b),

346-41   respectively, for the local governments and special districts

346-42   located in the same county multiplied by the total amount

346-43   available in the subaccount; and

346-44      (b) Special district’s share of the remaining money by:

346-45        (1) Multiplying one-twelfth of the amount allocated

346-46   pursuant to NRS 360.680 by [one plus] the average change in

347-1  the assessed valuation of the taxable property in the special

347-2  district, including assessed valuation attributable to a

347-3   redevelopment agency but excluding the portion attributable

347-4   to the net proceeds of minerals, over the 5 fiscal years

347-5   immediately preceding the year in which the allocation is

347-6   made; and

347-7         (2) Using the figure calculated pursuant to

347-8   subparagraph (1) to calculate and allocate to each special

347-9   district an amount equal to the proportion that the figure

347-10   calculated pursuant to subparagraph (1) bears to the total

347-11   amount of the figures calculated pursuant to subparagraph

347-12   (1) of this paragraph and subparagraph (1) of paragraph (a),

347-13   respectively, for the local governments and special districts

347-14   located in the same county multiplied by the total amount

347-15   available in the subaccount.

347-16  The state treasurer shall remit the amount allocated to each

347-17   local government or special district pursuant to this

347-18   subsection.

347-19    5.  The executive director shall not allocate any amount

347-20   to a local government or special district pursuant to

347-21   subsection 4, unless the amount distributed and allocated to

347-22   each of the local governments and special districts in the

347-23   county in each preceding month of the fiscal year in which

347-24   the allocation is to be made was at least equal to the base

347-25   monthly allocation determined pursuant to subsection 2. If

347-26   the amounts distributed to the local governments and special

347-27   districts in the county for the preceding months of the fiscal

347-28   year in which the allocation is to be made were less than the

347-29   base monthly allocation determined pursuant to subsection 2

347-30   and the executive director determines there is money

347-31   remaining in the county’s subaccount in the account after the

347-32   distribution for the month has been made, he shall:

347-33      (a) Determine the amount by which the base monthly

347-34   allocations determined pursuant to subsection 2 for each

347-35   local government and special district in the county for the

347-36   preceding months of the fiscal year in which the allocation is

347-37   to be made exceeds the amounts actually received by the

347-38   local governments and special districts in the county for the

347-39   same period; and

347-40      (b) Compare the amount determined pursuant to

347-41   paragraph (a) to the amount of money remaining in the

347-42   county’s subaccount in the account to determine which

347-43   amount is greater.

347-44  If the executive director determines that the amount

347-45   determined pursuant to paragraph (a) is greater, he shall

347-46   allocate the money remaining in the county’s subaccount in

348-1  the account pursuant to the provisions of subsection 3. If the

348-2  executive director determines that the amount of money

348-3   remaining in the county’s subaccount in the account is

348-4   greater, he shall first allocate the money necessary for each

348-5   local government and special district to receive the base

348-6   monthly allocation determined pursuant to subsection 2 and

348-7   the state treasurer shall remit that money so allocated. The

348-8   executive director shall allocate any additional money in the

348-9   county’s subaccount in the account pursuant to the

348-10   provisions of subsection 4.

348-11    6.  The percentage change calculated pursuant to

348-12   paragraph (a) of subsection 4 must:

348-13      (a) Except as otherwise provided in paragraph (c), if the

348-14   Bureau of the Census of the United States Department of

348-15   Commerce issues population totals that conflict with the

348-16   totals certified by the governor pursuant to NRS 360.285, be

348-17   an estimate of the change in population for the calendar year,

348-18   based upon the population totals issued by the Bureau of the

348-19   Census.

348-20      (b) If a new method of determining population is

348-21   established pursuant to NRS 360.283, be adjusted in a

348-22   manner that will result in the percentage change being based

348-23   on population determined pursuant to the new method for

348-24   both the fiscal year in which the allocation is made and the

348-25   fiscal year immediately preceding the year in which the

348-26   allocation is made.

348-27      (c) If a local government files a formal appeal with the

348-28   Bureau of the Census of the United States Department of

348-29   Commerce concerning the population total of the local

348-30   government issued by the Bureau of the Census, be

348-31   calculated using the population total certified by the

348-32   governor pursuant to NRS 360.285 until the appeal is

348-33   resolved. If additional money is allocated to the local

348-34   government because the population total certified by the

348-35   governor is greater than the population total issued by the

348-36   Bureau of the Census, the state treasurer shall deposit that

348-37   additional money in a separate interest-bearing account.

348-38   Upon resolution of the appeal, if the population total finally

348-39   determined pursuant to the appeal is:

348-40        (1) Equal to or less than the population total initially

348-41   issued by the Bureau of the Census, the state treasurer shall

348-42   transfer the total amount in the separate interest-bearing

348-43   account, including interest but excluding any administrative

348-44   fees, to the local government tax distribution account for

348-45   allocation among the local governments in the county

348-46   pursuant to subsection 4.

349-1         (2) Greater than the population total initially issued by

349-2  the Bureau of the Census, the executive director shall

349-3   calculate the amount that would have been allocated to the

349-4   local government pursuant to subsection 4 if the population

349-5   total finally determined pursuant to the appeal had been used

349-6   and the state treasurer shall remit to the local government an

349-7   amount equal to the difference between the amount actually

349-8   distributed and the amount calculated pursuant to this

349-9   subparagraph or the total amount in the separate interest

349-10  -bearing account, including interest but excluding any

349-11   administrative fees, whichever is less.

349-12    7.  On or before February 15 of each year, the executive

349-13   director shall provide to each local government, special

349-14   district and enterprise district a preliminary estimate of the

349-15   revenue it will receive from the account for that fiscal year.

349-16    8.  On or before March 15 of each year, the executive

349-17   director shall:

349-18      (a) Make an estimate of the receipts from each tax

349-19   included in the account on an accrual basis for the next fiscal

349-20   year in accordance with generally accepted accounting

349-21   principles, including an estimate for each county of the

349-22   receipts from each tax included in the account; and

349-23      (b) Provide to each local government, special district and

349-24   enterprise district an estimate of the amount that local

349-25   government, special district or enterprise district would

349-26   receive based upon the estimate made pursuant to paragraph

349-27   (a) and calculated pursuant to the provisions of this section.

349-28    9.  A local government, special district or enterprise

349-29   district may use the estimate provided by the executive

349-30   director pursuant to subsection 8 in the preparation of its

349-31   budget.

349-32      Sec. 10.  Section 83 of Senate Bill No. 425 of the 71st

349-33   session of the Nevada Legislature [is] and section 5 of

349-34   chapter 338, Statutes of Nevada 2001, at page 1605, are

349-35   hereby repealed.

349-36      Sec. 11.  1.  This section and sections 6, 6.5, 7, 9 and

349-37   10 of this act become effective upon passage and approval.

349-38    2.  Sections 1[, 2, 6,] and 8 of this act become effective

349-39   on July 1, 2001.

349-40    3.  Section 2 of this act becomes effective at 12:01 a.m.

349-41   on July 1, 2001, and expires by limitation on June 30, 2002.

349-42    4.  Section 3 of this act becomes effective on July 1,

349-43   2002, and expires by limitation on June 30, 2003.

349-44    5.  Section 4 of this act becomes effective on July 1,

349-45   2003, and expires by limitation on June 30, 2004.

350-1     6.  Section 5 of this act becomes effective on July 1,

350-2  2004.

350-3     2.  Chapter 7, Statutes of Nevada 2001 Special Session, at page

350-4   120, is hereby amended by adding thereto a new section to be

350-5   designated as section 6.5, immediately following section 6, to read

350-6   as follows:

350-7      Sec. 6.5.  Section 6 of chapter 338, Statutes of Nevada

350-8   2001, at page 1605, is hereby amended to read as follows:

350-9      Sec. 6.  1.  This section and sections 3[, 4 and 5]

350-10   and 4 of this act become effective on July 1, 2001.

350-11      2.  Section 1 of this act becomes effective at 12:01

350-12   a.m. on July 1, 2001.

350-13      3.  Sections 1, 3[, 4 and 5] and 4 of this act expire by

350-14   limitation on July 1, 2005.

350-15      4.  Section 2 of this act becomes effective at 12:01

350-16   a.m. on July 1, 2005.

350-17    Sec. 107.  1.  Sections 29, 30, 31, 45, 53 and 54 of chapter 8,

350-18   Statutes of Nevada 2001 Special Session, at pages 143, 144, 157

350-19   and 163, are hereby amended to read respectively as follows:

350-20      Sec. 29.  NRS 459.735 is hereby amended to read as

350-21   follows:

350-22      459.735  1.  The contingency account for hazardous

350-23   materials is hereby created in the state general fund.

350-24    2.  The commission shall administer the contingency

350-25   account for hazardous materials, and the money in the

350-26   account may be expended only for:

350-27      (a) Carrying out the provisions of NRS 459.735 to

350-28   459.773, inclusive;

350-29      (b) Carrying out the provisions of [Public Law 99-499

350-30   and Title I of Public Law 93-633;] 42 U.S.C. §§ 11001 et

350-31   seq. and 49 U.S.C. §§ 5101 et seq.;

350-32      (c) Maintaining and supporting the operations of the

350-33   commission and local emergency planning committees;

350-34      (d) Training and equipping state and local personnel to

350-35   respond to accidents and incidents involving hazardous

350-36   materials; and

350-37      (e) The operation of training programs and a training

350-38   center for handling emergencies relating to hazardous

350-39   materials and related fires pursuant to NRS 477.045.

350-40    3.  All money received by this state [as a result of Public

350-41   Law 99-499 or Title I of Public Law 93-633] pursuant to 42

350-42   U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be

350-43   deposited with the state treasurer to the credit of the

350-44   contingency account for hazardous materials. In addition, all

350-45   money received by the commission from any source must be

350-46   deposited with the state treasurer to the credit of the

351-1  contingency account for hazardous materials. The state

351-2  controller shall transfer from the contingency account to the

351-3   operating account of the state fire marshal such money

351-4   collected pursuant to chapter 477 of NRS as is authorized for

351-5   expenditure in the budget of the state fire marshal for use

351-6   pursuant to paragraph (e) of subsection 2.

351-7     4.  Upon the presentation of budgets in the manner

351-8   required by law, money to support the operation of the

351-9   commission pursuant to this chapter, other than its provision

351-10   of grants, must be provided by direct legislative

351-11   appropriation [or authorization] from the state highway fund

351-12   or other legislative authorization to the contingency account

351-13   for hazardous materials.

351-14    5.  The interest and income earned on the money in the

351-15   contingency account for hazardous materials, after deducting

351-16   any applicable charges, must be credited to the account.

351-17    6.  All claims against the contingency account for

351-18   hazardous materials must be paid as other claims against the

351-19   state are paid.

351-20      Sec. 30.  NRS 481.083 is hereby amended to read as

351-21   follows:

351-22      481.083  1.  Except for the operation of the

351-23   investigation division, the division of emergency

351-24   management, the state fire marshal division, the division of

351-25   parole and probation, and the capitol police division of the

351-26   department, money for the administration of the provisions

351-27   of this chapter must be provided by direct legislative

351-28   appropriation [or authorization] from the state highway fund

351-29   or other legislative authorization upon the presentation of

351-30   budgets in the manner required by law.

351-31    2.  All money provided for the support of the department

351-32   and its various divisions must be paid out on claims

351-33   approved by the director in the same manner as other claims

351-34   against the state are paid.

351-35      Sec. 31.  NRS 482.180 is hereby amended to read as

351-36   follows:

351-37      482.180  1.  The motor vehicle fund is hereby created as

351-38   an agency fund. Except as otherwise provided in subsection

351-39   4 or by a specific statute, all money received or collected by

351-40   the department must be deposited in the state treasury for

351-41   credit to the motor vehicle fund.

351-42    2.  The interest and income on the money in the motor

351-43   vehicle fund, after deducting any applicable charges, must be

351-44   credited to the state highway fund.

351-45    3.  Any check accepted by the department in payment of

351-46   vehicle privilege tax or any other fee required to be collected

352-1  pursuant to this chapter must, if it is dishonored upon

352-2  presentation for payment, be charged back against the motor

352-3   vehicle fund or the county to which the payment was

352-4   credited [,] pursuant to this section or NRS 482.181, in the

352-5   proper proportion.

352-6     4.  [All] Except as otherwise provided in subsection 6,

352-7   all money received or collected by the department for the

352-8   basic vehicle privilege tax must be [deposited in the local

352-9   government tax distribution account, created by NRS

352-10   360.660, for credit to the county for which it was collected.]

352-11   distributed in the manner set forth in NRS 482.181.

352-12    5.  Money for the administration of the provisions of this

352-13   chapter must be provided by direct legislative appropriation

352-14   [or authorization] from the state highway fund [,] or other

352-15   legislative authorization, upon the presentation of budgets in

352-16   the manner required by law. Out of the appropriation or

352-17   authorization, the department shall pay every item of

352-18   expense.

352-19    6.  [The privilege tax collected on vehicles subject to the

352-20   provisions of chapter 706 of NRS and engaged in interstate

352-21   or intercounty operation must be distributed among the

352-22   counties in the following percentages:

 

352-23  Carson City1.07 percentLincoln3.12 percent

352-24  Churchill5.21 percentLyon2.90 percent

352-25  Clark22.54 percentMineral2.40 percent

352-26  Douglas2.52 percentNye4.09 percent

352-27  Elko13.31 percentPershing7.00 percent

352-28  Esmeralda2.52 percentStorey...   .19 percent

352-29  Eureka3.10 percentWashoe12.24 percent

352-30  Humboldt8.25 percentWhite Pine5.66 percent

352-31  Lander3.88 percent

 

352-32  The distributions must be allocated among local governments

352-33   within the respective counties pursuant to the provisions of

352-34   NRS 482.181.

352-35      7.]  The department shall withhold 6 percent from the

352-36   amount of privilege tax collected by the department as a

352-37   commission. From the amount of privilege tax collected by a

352-38   county assessor, the state controller shall credit 1 percent to

352-39   the department as a commission and remit 5 percent to the

352-40   county for credit to its general fund as commission for the

352-41   services of the county assessor.

352-42      [8.]  All money withheld by or credited to the

352-43   department pursuant to this subsection must be used only

352-44   for the administration of this chapter as authorized by the

352-45   legislature pursuant to subsection 5.

353-1     7.  When the requirements of this section and NRS

353-2  482.181 have been met, and when directed by the department,

353-3   the state controller shall transfer monthly to the state

353-4   highway fund any balance in the motor vehicle fund.

353-5      [9.] 8.  If a statute requires that any money in the motor

353-6   vehicle fund be transferred to another fund or account, the

353-7   department shall direct the controller to transfer the money in

353-8   accordance with the statute.

353-9      Sec. 45.  Assembly Bill No. 574 of the 71st session of

353-10   the Nevada Legislature is hereby amended by adding thereto

353-11   a new section to read as follows:

353-12      Sec. 4.  1.  This section and section 3 of this act

353-13   become effective upon passage and approval.

353-14      2.  Sections 1 and 2 of this act become effective on

353-15   October 1, 2001.

353-16      3.  Section 1 of this act expires by limitation on

353-17  June 30, 2003.

353-18      Sec. 53.  NRS 488.407 [is] and section 7 of chapter

353-19   185, Statutes of Nevada 2001, at page 903, are hereby

353-20   repealed.

353-21      Sec. 54.  1.  This act becomes effective upon passage

353-22   and approval.

353-23    2.  Section 37 of this act expires by limitation upon the

353-24   expiration by limitation of sections 1 and 2 of chapter 480,

353-25   Statutes of Nevada 1987.

353-26    2.  Chapter 8, Statutes of Nevada 2001 Special Session, at page

353-27   163, is hereby amended by adding thereto new sections to be

353-28   designated as sections 52.2, 52.4, 52.6 and 52.8, immediately

353-29   following section 52, to read respectively as follows:

353-30      Sec. 52.2.  Section 1 of chapter 390, Statutes of Nevada

353-31   2001, at page 1884, is hereby amended to read as follows:

353-32      Section 1.  NRS 484.3792 is hereby amended to read

353-33   as follows:

353-34      484.3792  1.  [A] Unless a greater penalty is

353-35   provided pursuant to NRS 484.3795, a person who

353-36   violates the provisions of NRS 484.379:

353-37      (a) For the first offense within 7 years, is guilty of a

353-38   misdemeanor. Unless he is allowed to undergo treatment

353-39   as provided in NRS 484.37937, the court shall:

353-40        (1) Except as otherwise provided in subparagraph

353-41   (4) or subsection 6, order him to pay tuition for an

353-42   educational course on the abuse of alcohol and controlled

353-43   substances approved by the department and complete the

353-44   course within the time specified in the order, and the

353-45   court shall notify the department if he fails to complete

353-46   the course within the specified time;

354-1         (2) Unless the sentence is reduced pursuant to NRS

354-2  484.37937, sentence him to imprisonment for not less than

354-3   2 days nor more than 6 months in jail, or to perform not

354-4   less than 48 hours, but not more than 96 hours, of

354-5   community service while dressed in distinctive garb that

354-6   identifies him as having violated the provisions of NRS

354-7   484.379; [and]

354-8         (3) Fine him not less than $400 nor more than

354-9   $1,000 [.] ; and

354-10        (4) If he is found to have a concentration of

354-11   alcohol of 0.18 or more in his blood or breath, order

354-12   him to attend a program of treatment for the abuse of

354-13   alcohol or drugs pursuant to the provisions of NRS

354-14   484.37945.

354-15      (b) For a second offense within 7 years, is guilty of a

354-16   misdemeanor. Unless the sentence is reduced pursuant to

354-17   NRS 484.3794, the court:

354-18        (1) Shall sentence him to:

354-19            (I) Imprisonment for not less than 10 days nor

354-20   more than 6 months in jail; or

354-21            (II) Residential confinement for not less than 10

354-22   days nor more than 6 months, in the manner provided in

354-23   NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078,

354-24   inclusive;

354-25        (2) Shall fine him not less than $750 nor more than

354-26   $1,000;

354-27        (3) Shall order him to perform not less than 100

354-28   hours, but not more than 200 hours, of community service

354-29   while dressed in distinctive garb that identifies him as

354-30   having violated the provisions of NRS 484.379, unless the

354-31   court finds that extenuating circumstances exist; and

354-32        (4) May order him to attend a program of treatment

354-33   for the abuse of alcohol or drugs pursuant to the

354-34   provisions of NRS 484.37945.

354-35  A person who willfully fails or refuses to complete

354-36   successfully a term of residential confinement or a

354-37   program of treatment ordered pursuant to this [paragraph]

354-38   subsection is guilty of a misdemeanor.

354-39      (c) For a third or subsequent offense within 7 years, is

354-40   guilty of a category B felony and shall be punished by

354-41   imprisonment in the state prison for a minimum term of

354-42   not less than 1 year and a maximum term of not more

354-43   than 6 years, and shall be further punished by a fine of not

354-44   less than $2,000 nor more than $5,000. An offender so

354-45   imprisoned must, insofar as practicable, be segregated

354-46   from offenders whose crimes were violent and, insofar as

355-1  practicable, be assigned to an institution or facility of

355-2  minimum security.

355-3      2.  An offense that occurred within 7 years

355-4   immediately preceding the date of the principal offense or

355-5   after the principal offense constitutes a prior offense for

355-6   the purposes of this section when evidenced by a

355-7   conviction, without regard to the sequence of the offenses

355-8   and convictions. The facts concerning a prior offense

355-9   must be alleged in the complaint, indictment or

355-10   information, must not be read to the jury or proved at trial

355-11   but must be proved at the time of sentencing and, if the

355-12   principal offense is alleged to be a felony, must also be

355-13   shown at the preliminary examination or presented to the

355-14   grand jury.

355-15      3.  A person convicted of violating the provisions of

355-16   NRS 484.379 must not be released on probation, and a

355-17   sentence imposed for violating those provisions must not

355-18   be suspended except, as provided in NRS 4.373, 5.055,

355-19   484.37937 and 484.3794, that portion of the sentence

355-20   imposed that exceeds the mandatory minimum. A

355-21   prosecuting attorney shall not dismiss a charge of

355-22   violating the provisions of NRS 484.379 in exchange for

355-23   a plea of guilty, guilty but mentally ill or nolo contendere

355-24   to a lesser charge or for any other reason unless he knows

355-25   or it is obvious that the charge is not supported by

355-26   probable cause or cannot be proved at the time of trial.

355-27      4.  A term of confinement imposed pursuant to the

355-28   provisions of this section may be served intermittently at

355-29   the discretion of the judge or justice of the peace, except

355-30   that a person who is convicted of a second or subsequent

355-31   offense within 7 years must be confined for at least one

355-32   segment of not less than 48 consecutive hours. This

355-33   discretion must be exercised after considering all the

355-34   circumstances surrounding the offense, and the family

355-35   and employment of the offender, but any sentence of 30

355-36   days or less must be served within 6 months after the date

355-37   of conviction or, if the offender was sentenced pursuant to

355-38   NRS 484.37937 or 484.3794 and the suspension of his

355-39   sentence was revoked, within 6 months after the date of

355-40   revocation. Any time for which the offender is confined

355-41   must consist of not less than 24 consecutive hours.

355-42      5.  Jail sentences simultaneously imposed pursuant to

355-43   this section and NRS 482.456, 483.560 or 485.330 must

355-44   run consecutively.

355-45      6.  If the person who violated the provisions of NRS

355-46   484.379 possesses a driver’s license issued by a state

355-47   other than the State of Nevada and does not reside in the

355-48   State

356-1  of Nevada, in carrying out the provisions of subparagraph

356-2  (1) of paragraph (a) [or (b)] of subsection 1, the court

356-3   shall:

356-4      (a) Order the person to pay tuition for and submit

356-5   evidence of completion of an educational course on the

356-6   abuse of alcohol and controlled substances approved by a

356-7   governmental agency of the state of his residence within

356-8   the time specified in the order; or

356-9      (b) Order him to complete an educational course by

356-10   correspondence on the abuse of alcohol and controlled

356-11   substances approved by the department within the time

356-12   specified in the order,

356-13  and the court shall notify the department if the person fails

356-14   to complete the assigned course within the specified time.

356-15      7.  If the defendant was transporting a person who is

356-16   less than 15 years of age in the motor vehicle at the time

356-17   of the violation, the court shall consider that fact as an

356-18   aggravating factor in determining the sentence of the

356-19   defendant.

356-20      8.  As used in this section, unless the context

356-21   otherwise requires : [, “offense” means:]

356-22      (a) “Concentration of alcohol of 0.18 or more in his

356-23   blood or breath” means 0.18 gram or more of alcohol

356-24   per 100 milliliters of the blood of a person or per 210

356-25   liters of his breath.

356-26      (b) “Offense” means:

356-27        (1) A violation of NRS 484.379 or 484.3795;

356-28      [(b)] (2) A homicide resulting from driving or being

356-29   in actual physical control of a vehicle while under the

356-30   influence of intoxicating liquor or a controlled substance

356-31   or resulting from any other conduct prohibited by NRS

356-32   484.379 or 484.3795; or

356-33      [(c)] (3) A violation of a law of any other jurisdiction

356-34   that prohibits the same or similar conduct as set forth in

356-35   paragraph (a) or (b).

356-36      Sec. 52.4.  Section 1 of chapter 483, Statutes of Nevada

356-37   2001, at page 2392, is hereby amended to read as follows:

356-38      Section 1.  NRS 484.3792 is hereby amended to read

356-39   as follows:

356-40      484.3792  1.  Unless a greater penalty is provided

356-41   pursuant to NRS 484.3795, a person who violates the

356-42   provisions of NRS 484.379:

356-43      (a) For the first offense within 7 years, is guilty of a

356-44   misdemeanor. Unless he is allowed to undergo treatment

356-45   as provided in NRS 484.37937, the court shall:

357-1         (1) Except as otherwise provided in subparagraph

357-2  (4) or subsection 6, order him to pay tuition for an

357-3   educational course on the abuse of alcohol and controlled

357-4   substances approved by the department and complete the

357-5   course within the time specified in the order, and the

357-6   court shall notify the department if he fails to complete

357-7   the course within the specified time;

357-8         (2) Unless the sentence is reduced pursuant to NRS

357-9   484.37937, sentence him to imprisonment for not less

357-10   than 2 days nor more than 6 months in jail, or to perform

357-11   not less than 48 hours, but not more than 96 hours, of

357-12   community service while dressed in distinctive garb that

357-13   identifies him as having violated the provisions of

357-14  NRS 484.379;

357-15        (3) Fine him not less than $400 nor more than

357-16   $1,000; and

357-17        (4) If he is found to have a concentration of alcohol

357-18   of 0.18 or more in his blood or breath, order him to attend

357-19   a program of treatment for the abuse of alcohol or drugs

357-20   pursuant to the provisions of NRS 484.37945.

357-21      (b) For a second offense within 7 years, is guilty of a

357-22   misdemeanor. Unless the sentence is reduced pursuant to

357-23   NRS 484.3794, the court[:

357-24        (1) Shall sentence] shall:

357-25        (1) Sentence him to:

357-26            (I) Imprisonment for not less than 10 days nor

357-27   more than 6 months in jail; or

357-28            (II) Residential confinement for not less than 10

357-29   days nor more than 6 months, in the manner provided in

357-30   NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078,

357-31   inclusive;

357-32        (2) [Shall fine] Fine him not less than $750 nor

357-33   more than $1,000;

357-34        (3) [Shall order] Order him to perform not less

357-35   than 100 hours, but not more than 200 hours, of

357-36   community service while dressed in distinctive garb that

357-37   identifies him as having violated the provisions of NRS

357-38   484.379, unless the court finds that extenuating

357-39   circumstances exist; and

357-40        (4) [May order] Order him to attend a program of

357-41   treatment for the abuse of alcohol or drugs pursuant to the

357-42   provisions of NRS 484.37945.

357-43  A person who willfully fails or refuses to complete

357-44   successfully a term of residential confinement or a

357-45   program of treatment ordered pursuant to this subsection

357-46   is guilty of a misdemeanor.

358-1      (c) For a third or subsequent offense within 7 years, is

358-2  guilty of a category B felony and shall be punished by

358-3   imprisonment in the state prison for a minimum term of

358-4   not less than 1 year and a maximum term of not more

358-5   than 6 years, and shall be further punished by a fine of not

358-6   less than $2,000 nor more than $5,000. An offender so

358-7   imprisoned must, insofar as practicable, be segregated

358-8   from offenders whose crimes were violent and, insofar as

358-9   practicable, be assigned to an institution or facility of

358-10   minimum security.

358-11      2.  An offense that occurred within 7 years

358-12   immediately preceding the date of the principal offense or

358-13   after the principal offense constitutes a prior offense for

358-14   the purposes of this section when evidenced by a

358-15   conviction, without regard to the sequence of the offenses

358-16   and convictions. The facts concerning a prior offense

358-17   must be alleged in the complaint, indictment or

358-18   information, must not be read to the jury or proved at trial

358-19   but must be proved at the time of sentencing and, if the

358-20   principal offense is alleged to be a felony, must also be

358-21   shown at the preliminary examination or presented to the

358-22   grand jury.

358-23      3.  A person convicted of violating the provisions of

358-24   NRS 484.379 must not be released on probation, and a

358-25   sentence imposed for violating those provisions must not

358-26   be suspended except, as provided in NRS 4.373, 5.055,

358-27   484.37937 and 484.3794, that portion of the sentence

358-28   imposed that exceeds the mandatory minimum. A

358-29   prosecuting attorney shall not dismiss a charge of

358-30   violating the provisions of NRS 484.379 in exchange for

358-31   a plea of guilty, guilty but mentally ill or nolo contendere

358-32   to a lesser charge or for any other reason unless he knows

358-33   or it is obvious that the charge is not supported by

358-34   probable cause or cannot be proved at the time of trial.

358-35      4.  A term of confinement imposed pursuant to the

358-36   provisions of this section may be served intermittently at

358-37   the discretion of the judge or justice of the peace, except

358-38   that a person who is convicted of a second or subsequent

358-39   offense within 7 years must be confined for at least one

358-40   segment of not less than 48 consecutive hours. This

358-41   discretion must be exercised after considering all the

358-42   circumstances surrounding the offense, and the family

358-43   and employment of the offender, but any sentence of 30

358-44   days or less must be served within 6 months after the date

358-45   of conviction or, if the offender was sentenced pursuant to

358-46   NRS 484.37937 or 484.3794 and the suspension of his

358-47   sentence was revoked, within 6 months after the date of

359-1  revocation. Any time for which the offender is confined

359-2  must consist of not less than 24 consecutive hours.

359-3      5.  Jail sentences simultaneously imposed pursuant to

359-4   this section and NRS 482.456, 483.560 or 485.330 must

359-5   run consecutively.

359-6      6.  If the person who violated the provisions of NRS

359-7   484.379 possesses a driver’s license issued by a state

359-8   other than the State of Nevada and does not reside in the

359-9   State of Nevada, in carrying out the provisions of

359-10   subparagraph (1) of paragraph (a) of subsection 1, the

359-11   court shall:

359-12      (a) Order the person to pay tuition for and submit

359-13   evidence of completion of an educational course on the

359-14   abuse of alcohol and controlled substances approved by a

359-15   governmental agency of the state of his residence within

359-16   the time specified in the order; or

359-17      (b) Order him to complete an educational course by

359-18   correspondence on the abuse of alcohol and controlled

359-19   substances approved by the department within the time

359-20   specified in the order,

359-21  and the court shall notify the department if the person fails

359-22   to complete the assigned course within the specified time.

359-23      7.  If the defendant was transporting a person who is

359-24   less than 15 years of age in the motor vehicle at the time

359-25   of the violation, the court shall consider that fact as an

359-26   aggravating factor in determining the sentence of the

359-27   defendant.

359-28      8.  As used in this section, unless the context

359-29   otherwise requires:

359-30      (a) “Concentration of alcohol of 0.18 or more in his

359-31   blood or breath” means 0.18 gram or more of alcohol per

359-32   100 milliliters of the blood of a person or per 210 liters of

359-33   his breath.

359-34      (b) “Offense” means:

359-35        (1) A violation of NRS 484.379 or 484.3795;

359-36        (2) A homicide resulting from driving or being in

359-37   actual physical control of a vehicle while under the

359-38   influence of intoxicating liquor or a controlled substance

359-39   or resulting from any other conduct prohibited by NRS

359-40   484.379 or 484.3795; or

359-41        (3) A violation of a law of any other jurisdiction

359-42   that prohibits the same or similar conduct as set forth in

359-43   paragraph (a) or (b).

359-44      Sec. 52.6.  Chapter 483, Statutes of Nevada 2001, at

359-45   page 2395, is hereby amended by adding thereto a new

359-46   section to be designated as section 4, immediately following

359-47   section 3, to read as follows:

360-1      Sec. 4.  Section 1 of this act becomes effective at

360-2  12:01 a.m. on October 1, 2001.

360-3      Sec. 52.8.  Section 52 of chapter 520, Statutes of Nevada

360-4   2001, at page 2547, is hereby amended to read as follows:

360-5      Sec. 52.  NRS 481.083 is hereby amended to read as

360-6   follows:

360-7      481.083  1.  [Except for the operation of the

360-8   investigation division, the division of emergency

360-9   management, the state fire marshal division, the division

360-10   of parole and probation, and the capitol police division of

360-11   the department, money] Money for the administration of

360-12   the provisions of this chapter must be provided by direct

360-13   legislative appropriation from the state highway fund or

360-14   other legislative authorization upon the presentation of

360-15   budgets in the manner required by law.

360-16      2.  All money provided for the support of the

360-17   department and its various divisions must be paid out on

360-18   claims approved by the director in the same manner as

360-19   other claims against the state are paid.

360-20    Sec. 108.  1.  Sections 2, 24 and 43 of chapter 13, Statutes of

360-21   Nevada 2001 Special Session, at pages 173, 184 and 191,

360-22   respectively, are hereby amended to read respectively as follows:

360-23      Sec. 2.  NRS 389.015 is hereby amended to read as

360-24   follows:

360-25      389.015  1.  The board of trustees of each school district

360-26   shall administer examinations in all public schools of the

360-27   school district. The governing body of a charter school shall

360-28   administer the same examinations in the charter school. The

360-29   examinations administered by the board of trustees and

360-30   governing body must determine the achievement and

360-31   proficiency of pupils in:

360-32      (a) Reading;

360-33      (b) Writing;

360-34      (c) Mathematics; and

360-35      (d) Science.

360-36    2.  The examinations required by subsection 1 must be:

360-37      (a) Administered before the completion of grades 4, 8, 10

360-38   and 11.

360-39      (b) Administered in each school district and each charter

360-40   school at the same time. The time for the administration of

360-41   the examinations must be prescribed by the state board.

360-42      (c) Administered in each school in accordance with

360-43   uniform procedures adopted by the state board. The

360-44   department shall monitor the compliance of school districts

360-45   and individual schools with the uniform procedures.

361-1      (d) Administered in each school in accordance with the

361-2  plan adopted pursuant to section 2 of Assembly Bill No. 214

361-3   of [this session] the 71st session of the Nevada Legislature

361-4   by the department and with the plan adopted pursuant to

361-5   section 4 of Assembly Bill No. 214 of [this session] the 71st

361-6   session of the Nevada Legislature by the board of trustees of

361-7   the school district in which the examinations are

361-8   administered. The department shall monitor the compliance

361-9   of school districts and individual schools with:

361-10        (1) The plan adopted by the department; and

361-11        (2) The plan adopted by the board of trustees of the

361-12   applicable school district, to the extent that the plan adopted

361-13   by the board of trustees of the school district is consistent

361-14   with the plan adopted by the department.

361-15      (e) Scored by the department or a single private entity that

361-16   has contracted with the state board to score the examinations.

361-17   If a private entity scores the examinations, it shall report the

361-18   results of the examinations in the form and by the date

361-19   required by the department.

361-20    3.  Not more than 14 working days after the results of the

361-21   examinations are reported to the department by a private

361-22   entity that scored the examinations or the department

361-23   completes the scoring of the examinations, the

361-24   superintendent of public instruction shall certify that the

361-25   results of the examinations have been transmitted to each

361-26   school district and each charter school. Not more than 10

361-27   working days after a school district receives the results of the

361-28   examinations, the superintendent of schools of each school

361-29   district shall certify that the results of the examinations have

361-30   been transmitted to each school within the school district.

361-31   Except as otherwise provided in this subsection, not more

361-32   than 15 working days after each school receives the results of

361-33   the examinations, the principal of each school and the

361-34   governing body of each charter school shall certify that the

361-35   results for each pupil have been provided to the parent or

361-36   legal guardian of the pupil:

361-37      (a) During a conference between the teacher of the pupil

361-38   or administrator of the school and the parent or legal

361-39   guardian of the pupil; or

361-40      (b) By mailing the results of the examinations to the last

361-41   known address of the parent or legal guardian of the

361-42  pupil.

361-43  If a pupil fails the high school proficiency examination, the

361-44   school shall notify the pupil and the parents or legal guardian

361-45   of the pupil as soon as practicable but not later than 15

361-46   working days after the school receives the results of the

361-47   examination.

362-1     4.  Different standards of proficiency may be adopted for

362-2  pupils with diagnosed learning disabilities. If a pupil with a

362-3   disability is unable to take an examination created by a

362-4   private entity under regular testing conditions or with

362-5   modifications and accommodations that are approved by the

362-6   private entity, the pupil may take the examination with

362-7   modifications and accommodations that are approved by the

362-8   state board pursuant to subsection 8. If a pupil with a

362-9   disability is unable to take an examination created by the

362-10   department under regular testing conditions or with

362-11   modifications and accommodations that are approved by the

362-12   department, the pupil may take the examination with

362-13   modifications and accommodations that are approved by the

362-14   state board pursuant to subsection 8. The results of an

362-15   examination that is taken under conditions that are not

362-16   approved by a private entity or the department, as applicable,

362-17   must not be reported pursuant to subsection 2 of NRS

362-18   389.017. If different standards of proficiency are adopted or

362-19   other modifications or accommodations are made in the

362-20   administration of the examinations for a pupil who is

362-21   enrolled in a program of special education pursuant to NRS

362-22   388.440 to 388.520, inclusive, other than a gifted and

362-23   talented pupil, the different standards adopted or other

362-24   modifications or accommodations must be set forth in the

362-25   pupil’s program of special education developed in

362-26   accordance with the Individuals with Disabilities Education

362-27   Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed

362-28   by the state board. During the administration of the high

362-29   school proficiency examination, a pupil with a disability may

362-30   be given additional time to complete the examination if the

362-31   additional time is a modification or accommodation that is

362-32   approved in the pupil’s program of special education

362-33   developed in accordance with the Individuals with

362-34   Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

362-35    5.  If a pupil fails to demonstrate at least adequate

362-36   achievement on the examination administered before the

362-37   completion of grade 4, 8 or 10, he may be promoted to the

362-38   next higher grade, but the results of his examination must be

362-39   evaluated to determine what remedial study is appropriate. If

362-40   such a pupil is enrolled at a school that has been designated

362-41   as demonstrating need for improvement pursuant to

362-42   subsection 1 of NRS 385.367, the pupil must, in accordance

362-43   with the requirements set forth in this subsection, complete

362-44   remedial study that is determined to be appropriate for the

362-45   pupil.

362-46    6.  If a pupil fails to pass the proficiency examination

362-47   administered before the completion of grade 11, he must not

363-1  be graduated until he is able, through remedial study, to pass

363-2  the proficiency examination, but he may be given a certificate

363-3   of attendance, in place of a diploma, if he has reached the

363-4   age of 17 years.

363-5     7.  The state board shall prescribe standard examinations

363-6   of achievement and proficiency to be administered pursuant

363-7   to subsection 1. The high school proficiency examination

363-8   must be developed, printed and scored by a nationally

363-9   recognized testing company in accordance with the process

363-10   established by the testing company. The examinations on

363-11   reading, mathematics and science prescribed for grades 4, 8

363-12   and 10 must be selected from examinations created by

363-13   private entities and administered to a national reference

363-14   group, and must allow for a comparison of the achievement

363-15   and proficiency of pupils in grades 4, 8 and 10 in this state to

363-16   that of a national reference group of pupils in grades 4, 8 and

363-17   10. The questions contained in the examinations and the

363-18   approved answers used for grading them are confidential,

363-19   and disclosure is unlawful except:

363-20      (a) To the extent necessary for administering and

363-21   evaluating the examinations.

363-22      (b) That a disclosure may be made to a:

363-23        (1) State officer who is a member of the executive or

363-24   legislative branch to the extent that it is necessary for the

363-25   performance of his duties;

363-26        (2) Superintendent of schools of a school district to the

363-27   extent that it is necessary for the performance of his duties;

363-28        (3) Director of curriculum of a school district to the

363-29   extent that it is necessary for the performance of his duties;

363-30   and

363-31        (4) Director of testing of a school district to the extent

363-32   that it is necessary for the performance of his duties.

363-33      (c) That specific questions and answers may be disclosed

363-34   if the superintendent of public instruction determines that the

363-35   content of the questions and answers is not being used in a

363-36   current examination and making the content available to the

363-37   public poses no threat to the security of the current

363-38   examination process.

363-39    8.  The state board shall prescribe, in accordance with the

363-40   Individuals with Disabilities Education Act, 20 U.S.C. §§

363-41   1400 et seq., the modifications and accommodations that

363-42   may be used in the administration of an examination to a

363-43   pupil with a disability who is unable to take the examination

363-44   under regular testing conditions or with modifications and

363-45   accommodations that are approved by the private entity that

363-46   created the examination or, if the department created the

364-1  examination, by the department. These regulations may

364-2  include, without limitation, authorizing a pupil to complete an

364-3   examination with additional time.

364-4      Sec. 24.  NRS 391.170 is hereby amended to read as

364-5   follows:

364-6      391.170  1.  Except as otherwise provided in subsection

364-7   2, a teacher or other employee for whom a license is required

364-8   is not entitled to receive any portion of public money for

364-9   schools as compensation for services rendered unless:

364-10      (a) He is legally employed by the board of trustees of the

364-11   school district or the governing body of the charter school in

364-12   which he is teaching or performing other educational

364-13   functions.

364-14      (b) He has a license authorizing him to teach or perform

364-15   other educational functions at the level and , except as

364-16   otherwise provided in section 4 of this act, in the field for

364-17   which he is employed, issued in accordance with law and in

364-18   full force at the time the services are rendered.

364-19    2.  The provisions of subsection 1 do not prohibit the

364-20   payment of public money to teachers or other employees

364-21   who are employed by a charter school for whom a license is

364-22   not required pursuant to the provisions of NRS 386.590.

364-23      Sec. 43.  1.  This section and sections 3, 5 to 19,

364-24   inclusive, 30.5 and 33 to 37, inclusive, of this act become

364-25   effective upon passage and approval.

364-26    2.  Sections 4, 20, 21, 22, [24] 25 to 28, inclusive, 30, 31,

364-27   32 and 38 to 42, inclusive, of this act become effective on

364-28   July 1, 2001.

364-29    3.  Sections 1 , [and] 23 and 24 of this act become

364-30   effective at 12:01 a.m. on July 1, 2001.

364-31    4.  Sections 2 and 29 of this act become effective at

364-32   12:02 a.m. on July 1, 2001.

364-33    2.  Chapter 13, Statutes of Nevada 2001 Special Session, at

364-34   page 188, is hereby amended by adding thereto a new section to be

364-35   designated as section 30.5, immediately following section 30, to

364-36   read as follows:

364-37      Sec. 30.5.  Section 14 of chapter 317, Statutes of Nevada

364-38   2001, at page 1487, is hereby amended to read as follows:

364-39      Sec. 14.  NRS 389.015 is hereby amended to read as

364-40   follows:

364-41      389.015  1.  The board of trustees of each school

364-42   district shall administer examinations in all public schools

364-43   of the school district. The governing body of a charter

364-44   school shall administer the same examinations in the

364-45   charter school. The examinations administered by the

365-1  board of trustees and governing body must determine the

365-2  achievement and proficiency of pupils in:

365-3      (a) Reading;

365-4      (b) Writing;

365-5      (c) Mathematics; and

365-6      (d) Science.

365-7      2.  The examinations required by subsection 1 must

365-8   be:

365-9      (a) Administered before the completion of grades 4, 8,

365-10   10 and 11.

365-11      (b) Administered in each school district and each

365-12   charter school at the same time. The time for the

365-13   administration of the examinations must be prescribed by

365-14   the state board.

365-15      (c) Administered in each school in accordance with

365-16   uniform procedures adopted by the state board. The

365-17   department shall monitor the compliance of school

365-18   districts and individual schools with the uniform

365-19   procedures.

365-20      (d) Administered in each school in accordance with

365-21   the plan adopted pursuant to section 2 of [this act]

365-22   Assembly Bill No. 214 of this session by the department

365-23   and with the plan adopted pursuant to section 4 of [this

365-24   act] Assembly Bill No. 214 of this session by the board of

365-25   trustees of the school district in which the examinations

365-26   are administered. The department shall monitor the

365-27   compliance of school districts and individual schools

365-28   with:

365-29        (1) The plan adopted by the department; and

365-30        (2) The plan adopted by the board of trustees of the

365-31   applicable school district, to the extent that the plan

365-32   adopted by the board of trustees of the school district is

365-33   consistent with the plan adopted by the department.

365-34      (e) Scored by the department or a single private entity

365-35   that has contracted with the state board to score the

365-36   examinations. If a private entity scores the examinations,

365-37   it shall report the results of the examinations in the form

365-38   and by the date required by the department.

365-39      3.  Not more than 14 working days after the results of

365-40   the examinations are reported to the department by a

365-41   private entity that scored the examinations or the

365-42   department completes the scoring of the examinations, the

365-43   superintendent of public instruction shall certify that the

365-44   results of the examinations have been transmitted to each

365-45   school district and each charter school. Not more than 10

365-46   working days after a school district receives the results of

365-47   the examinations, the superintendent of schools of each

366-1  school district shall certify that the results of the

366-2  examinations have been transmitted to each school within

366-3   the school district. Except as otherwise provided in this

366-4   subsection, not more than 15 working days after each

366-5   school receives the results of the examinations, the

366-6   principal of each school and the governing body of each

366-7   charter school shall certify that the results for each pupil

366-8   have been provided to the parent or legal guardian of the

366-9   pupil:

366-10      (a) During a conference between the teacher of the

366-11   pupil or administrator of the school and the parent or legal

366-12   guardian of the pupil; or

366-13      (b) By mailing the results of the examinations to the

366-14   last known address of the parent or legal guardian of the

366-15   pupil.

366-16  If a pupil fails the high school proficiency examination,

366-17   the school shall notify the pupil and the parents or legal

366-18   guardian of the pupil as soon as practicable but not later

366-19   than 15 working days after the school receives the results

366-20   of the examination.

366-21      4.  Different standards of proficiency may be adopted

366-22   for pupils with diagnosed learning disabilities. If a pupil

366-23   with a disability is unable to take an examination created

366-24   by a private entity under regular testing conditions or with

366-25   modifications and accommodations that are approved by

366-26   the private entity, the pupil may take the examination

366-27   with modifications and accommodations that are

366-28   approved by the state board pursuant to subsection 8. If a

366-29   pupil with a disability is unable to take an examination

366-30   created by the department under regular testing conditions

366-31   or with modifications and accommodations that are

366-32   approved by the department, the pupil may take the

366-33   examination with modifications and accommodations that

366-34   are approved by the state board pursuant to subsection 8.

366-35   The results of an examination that is taken under

366-36   conditions that are not approved by a private entity or the

366-37   department, as applicable, must not be reported pursuant

366-38   to subsection 2 of NRS 389.017. If different standards of

366-39   proficiency are adopted or other modifications or

366-40   accommodations are made in the administration of the

366-41   examinations for a pupil who is enrolled in a program of

366-42   special education pursuant to NRS 388.440 to 388.520,

366-43   inclusive, other than a gifted and talented pupil, the

366-44   different standards adopted or other modifications or

366-45   accommodations must be set forth in the pupil’s program

366-46   of special education developed in accordance with the

366-47   Individuals with Disabilities

367-1  Education Act, 20 U.S.C. §§ 1400 et seq., and the

367-2  standards prescribed by the state board. During the

367-3   administration of the high school proficiency

367-4   examination, a pupil with a disability may be given

367-5   additional time to complete the examination if the

367-6   additional time is a modification or accommodation that

367-7   is approved in the pupil’s program of special education

367-8   developed in accordance with the Individuals with

367-9   Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

367-10      5.  If a pupil fails to demonstrate at least adequate

367-11   achievement on the examination administered before the

367-12   completion of grade 4, 8 or 10, he may be promoted to the

367-13   next higher grade, but the results of his examination must

367-14   be evaluated to determine what remedial study is

367-15   appropriate. If such a pupil is enrolled at a school that has

367-16   been designated as demonstrating need for improvement

367-17   pursuant to subsection 1 of NRS 385.367, the pupil must,

367-18   in accordance with the requirements set forth in this

367-19   subsection, complete remedial study that is determined to

367-20   be appropriate for the pupil.

367-21      6.  If a pupil fails to pass the proficiency examination

367-22   administered before the completion of grade 11, he must

367-23   not be graduated until he is able, through remedial study,

367-24   to pass the proficiency examination, but he may be given

367-25   a certificate of attendance, in place of a diploma, if he has

367-26   reached the age of 17 years.

367-27      7.  The state board shall prescribe standard

367-28   examinations of achievement and proficiency to be

367-29   administered pursuant to subsection 1. The examinations

367-30   on reading, mathematics and science prescribed for

367-31   grades 4, 8 and 10 must be selected from examinations

367-32   created by private entities and administered to a national

367-33   reference group, and must allow for a comparison of the

367-34   achievement and proficiency of pupils in grades 4, 8 and

367-35   10 in this state to that of a national reference group of

367-36   pupils in grades 4, 8 and 10. The questions contained in

367-37   the examinations and the approved answers used for

367-38   grading them are confidential, and disclosure is unlawful

367-39   except:

367-40      (a) To the extent necessary for administering and

367-41   evaluating the examinations.

367-42      (b) That a disclosure may be made to a:

367-43        (1) State officer who is a member of the executive

367-44   or legislative branch to the extent that it is necessary for

367-45   the performance of his duties;

368-1         (2) Superintendent of schools of a school district to

368-2  the extent that it is necessary for the performance of his

368-3   duties;

368-4         (3) Director of curriculum of a school district to the

368-5   extent that it is necessary for the performance of his

368-6   duties; and

368-7         (4) Director of testing of a school district to the

368-8   extent that it is necessary for the performance of his

368-9   duties.

368-10      (c) That specific questions and answers may be

368-11   disclosed if the superintendent of public instruction

368-12   determines that the content of the questions and answers

368-13   is not being used in a current examination and making the

368-14   content available to the public poses no threat to the

368-15   security of the current examination process.

368-16      8.  The state board shall prescribe, in accordance with

368-17   the Individuals with Disabilities Education Act, 20 U.S.C.

368-18   §§ 1400 et seq., the modifications and accommodations

368-19   that may be used in the administration of an examination

368-20   to a pupil with a disability who is unable to take the

368-21   examination under regular testing conditions or with

368-22   modifications and accommodations that are approved by

368-23   the private entity that created the examination or, if the

368-24   department created the examination, by the department.

368-25   These regulations may include, without limitation,

368-26   authorizing a pupil to complete an examination with

368-27   additional time.

368-28    Sec. 109.  1.  Sections 15, 17, 30, 52, 77, 78, 81, 85, 90, 92,

368-29   93, 94, 96, 100, 104, 105, 106, 115, 118 and 120 of chapter 14,

368-30   Statutes of Nevada 2001 Special Session, at pages 195, 196, 201,

368-31   215, 226, 227, 230, 233, 236, 237, 239, 241, 243, 244, 249 and 251,

368-32   are hereby amended to read respectively as follows:

368-33      Sec. 15.  NRS 209.429 is hereby amended to read as

368-34   follows:

368-35      209.429  1.  Except as otherwise provided in subsection

368-36   6, the director shall assign an offender to the custody of the

368-37   division of parole and probation of the department of public

368-38   safety to serve a term of residential confinement, pursuant to

368-39   NRS 213.380, for not longer than the remainder of the

368-40   maximum term of his sentence if:

368-41      (a) The offender has:

368-42        (1) Established a position of employment in the

368-43   community;

368-44        (2) Enrolled in a program for education or

368-45   rehabilitation; or

369-1         (3) Demonstrated an ability to pay for all or part of the

369-2  costs of his confinement and to meet any existing obligation

369-3   for restitution to any victim of his crime;

369-4      (b) The offender has successfully completed the initial

369-5   period of treatment required under the program of treatment

369-6   established pursuant to NRS 209.425; and

369-7      (c) The director believes that the offender will be able to:

369-8         (1) Comply with the terms and conditions required

369-9   under residential confinement; and

369-10        (2) Complete successfully the remainder of the

369-11   program of treatment while under residential

369-12  confinement.

369-13  If an offender assigned to the program of treatment pursuant

369-14   to NRS 209.427 completes the initial phase of the program

369-15   and thereafter refuses to enter the remainder of the program

369-16   of treatment pursuant to this section, the offender forfeits all

369-17   or part of the credits earned by him to reduce his sentence

369-18   pursuant to this chapter before this refusal, as determined by

369-19   the director. The director may provide for a forfeiture of

369-20   credits pursuant to this paragraph only after proof of the

369-21   offense and notice to the offender and may restore credits

369-22   forfeited for such reasons as he considers proper. The

369-23   decision of the director regarding such a forfeiture is final.

369-24    2.  Before a person may be assigned to serve a term of

369-25   residential confinement pursuant to this section, he must

369-26   submit to the division of parole and probation a signed

369-27   document stating that:

369-28      (a) He will comply with the terms or conditions of his

369-29   residential confinement; and

369-30      (b) If he fails to comply with the terms or conditions of

369-31   his residential confinement and is taken into custody outside

369-32   of this state, he waives all his rights relating to extradition

369-33   proceedings.

369-34    3.  If an offender assigned to the custody of the division

369-35   of parole and probation pursuant to this section escapes or

369-36   violates any of the terms or conditions of his residential

369-37   confinement:

369-38      (a) The division of parole and probation may, pursuant to

369-39   the procedure set forth in NRS 213.410, return the offender

369-40   to the custody of the department . [of prisons.]

369-41      (b) The offender forfeits all or part of the credits earned

369-42   by him to reduce his sentence pursuant to this chapter before

369-43   the escape or violation, as determined by the director. The

369-44   director may provide for a forfeiture of credits pursuant to

369-45   this paragraph only after proof of the offense and notice to

369-46   the offender and may restore credits forfeited for such

369-47   reasons as

370-1  he considers proper. The decision of the director regarding

370-2  forfeiture of credits is final.

370-3     4.  The assignment of an offender to the custody of the

370-4   division of parole and probation pursuant to this section shall

370-5   be deemed:

370-6      (a) A continuation of his imprisonment and not a release

370-7   on parole; and

370-8      (b) For the purposes of NRS 209.341, an assignment to a

370-9   facility of the department , [of prisons,]

370-10  except that the offender is not entitled to obtain any benefits

370-11   or to participate in any programs provided to offenders in the

370-12   custody of the department . [of prisons.]

370-13    5.  A person does not have a right to be assigned to the

370-14   custody of the division of parole and probation pursuant to

370-15   this section, or to remain in that custody after such an

370-16   assignment, and it is not intended that the provisions of this

370-17   section or of NRS 213.371 to 213.410, inclusive, create any

370-18   right or interest in liberty or property or establish a basis for

370-19   any cause of action against the state, its political

370-20   subdivisions, agencies, boards, commissions, departments,

370-21   officers or employees.

370-22    6.  The director shall not assign an offender who is

370-23   serving a sentence for committing a battery which constitutes

370-24   domestic violence pursuant to NRS 33.018 to the custody of

370-25   the division of parole and probation to serve a term of

370-26   residential confinement unless the director makes a finding

370-27   that the offender is not likely to pose a threat to the victim of

370-28   the battery.

370-29      Sec. 17.  (Deleted by amendment).

370-30      Sec. 30.  NRS 213.1214 is hereby amended to read as

370-31   follows:

370-32      213.1214  1.  The board shall not release on parole a

370-33   prisoner convicted of an offense listed in subsection 5 unless

370-34   a panel consisting of:

370-35      (a) The administrator of the division of mental health and

370-36   developmental services of the department of human

370-37   resources or his designee;

370-38      (b) The director of the department of [prisons]

370-39   corrections or his designee; and

370-40      (c) A psychologist licensed to practice in this state or a

370-41   psychiatrist licensed to practice medicine in this state,

370-42  certifies that the prisoner was under observation while

370-43   confined in an institution of the department of [prisons]

370-44   corrections and is not a menace to the health, safety or

370-45   morals of others.

371-1     2.  A prisoner who has been certified pursuant to

371-2  subsection 1 and who returns for any reason to the custody of

371-3   the department of [prisons] corrections may not be paroled

371-4   unless a panel recertifies him in the manner set forth in

371-5   subsection 1.

371-6     3.  The panel may revoke the certification of a prisoner

371-7   certified pursuant to subsection 1 at any time.

371-8     4.  This section does not create a right in any prisoner to

371-9   be certified or continue to be certified. No prisoner may

371-10   bring a cause of action against the state, its political

371-11   subdivisions, agencies, boards, commissions, departments,

371-12   officers or employees for not certifying or refusing to place a

371-13   prisoner before a panel for certification pursuant to this

371-14   section.

371-15    5.  The provisions of this section apply to a prisoner

371-16   convicted of any of the following offenses:

371-17      (a) Sexual assault pursuant to NRS 200.366.

371-18      (b) Statutory sexual seduction pursuant to NRS 200.368.

371-19      (c) Battery with intent to commit sexual assault pursuant

371-20   to NRS 200.400.

371-21      (d) Abuse or neglect of a child pursuant to NRS 200.508.

371-22      (e) An offense involving pornography and a minor

371-23   pursuant to NRS 200.710 to 200.730, inclusive.

371-24      (f) Incest pursuant to NRS 201.180.

371-25      (g) Solicitation of a minor to engage in acts constituting

371-26   the infamous crime against nature pursuant to NRS 201.195.

371-27      (h) Open or gross lewdness pursuant to NRS 201.210.

371-28      (i) Indecent or obscene exposure pursuant to

371-29  NRS 201.220.

371-30      (j) Lewdness with a child pursuant to NRS 201.230.

371-31      (k) Sexual penetration of a dead human body pursuant to

371-32   NRS 201.450.

371-33      (l) Luring a child using a computer, system or network

371-34   pursuant to section 4 of [this act,] Senate Bill No. 551 of the

371-35   71st session of the Nevada Legislature, if punished as a

371-36   felony.

371-37      (m) An attempt to commit an offense listed in paragraphs

371-38   (a) to (m), inclusive.

371-39      (n) Coercion or attempted coercion that is determined to

371-40   be sexually motivated pursuant to NRS 207.193.

371-41      Sec. 52.  NRS 176.0913 is hereby amended to read as

371-42   follows:

371-43      176.0913  1.  If a defendant is convicted of an offense

371-44   listed in subsection 4, the court, at sentencing, shall order

371-45   that:

371-46      (a) The name, social security number, date of birth and

371-47   any other information identifying the defendant be submitted

372-1  to the central repository for Nevada records of criminal

372-2  history; and

372-3      (b) A biological specimen be obtained from the defendant

372-4   pursuant to the provisions of this section and that the

372-5   specimen be used for an analysis to determine the genetic

372-6   markers of the specimen.

372-7     2.  If the defendant is committed to the custody of the

372-8   department of [prisons,] corrections, the department of

372-9   [prisons] corrections shall arrange for the biological

372-10   specimen to be obtained from the defendant. The department

372-11   of [prisons] corrections shall provide the specimen to the

372-12   forensic laboratory that has been designated by the county in

372-13   which the defendant was convicted to conduct or oversee

372-14   genetic marker testing for the county pursuant to

372-15  NRS 176.0917.

372-16    3.  If the defendant is not committed to the custody of the

372-17   department of [prisons,] corrections, the division shall

372-18   arrange for the biological specimen to be obtained from the

372-19   defendant. The division shall provide the specimen to the

372-20   forensic laboratory that has been designated by the county in

372-21   which the defendant was convicted to conduct or oversee

372-22   genetic marker testing for the county pursuant to NRS

372-23   176.0917. Any cost that is incurred to obtain a biological

372-24   specimen from a defendant pursuant to this subsection is a

372-25   charge against the county in which the defendant was

372-26   convicted and must be paid as provided in NRS 176.0915.

372-27    4.  The provisions of subsection 1 apply to a defendant

372-28   who is convicted of:

372-29      (a) A crime against a child as defined in NRS 179D.210;

372-30      (b) A sexual offense as defined in NRS 179D.410;

372-31      (c) Murder, manslaughter or any other unlawful killing

372-32   pursuant to NRS 200.010 to 200.260, inclusive;

372-33      (d) Mayhem pursuant to NRS 200.280;

372-34      (e) Administering poison or another noxious or

372-35   destructive substance or liquid with intent to cause death

372-36   pursuant to NRS 200.390;

372-37      (f) Battery with intent to commit a crime pursuant to

372-38  NRS 200.400;

372-39      (g) Battery which is committed with the use of a deadly

372-40   weapon or which results in substantial bodily harm pursuant

372-41   to NRS 200.481;

372-42      (h) Abuse or neglect of an older person pursuant to

372-43  NRS 200.5099;

372-44      (i) A second or subsequent offense for stalking pursuant

372-45   to NRS 200.575;

372-46      (j) Burglary pursuant to NRS 205.060;

373-1      (k) Invasion of the home pursuant to NRS 205.067;

373-2      (l) Kidnapping pursuant to NRS 200.310 to 200.340,

373-3   inclusive; or

373-4      (m) An attempt or conspiracy to commit an offense listed

373-5   in this subsection.

373-6      Sec. 77.  NRS 179D.230 is hereby amended to read as

373-7   follows:

373-8      179D.230  1.  If the central repository receives notice

373-9   from a court pursuant to NRS 176.0926 that an offender has

373-10   been convicted of a crime against a child, the central

373-11   repository shall:

373-12      (a) If a record of registration has not previously been

373-13   established for the offender, notify the local law enforcement

373-14   agency so that a record of registration may be established; or

373-15      (b) If a record of registration has previously been

373-16   established for the offender, update the record of registration

373-17   for the offender and notify the appropriate local law

373-18   enforcement [agency.] agencies.

373-19    2.  If the offender named in the notice is granted

373-20   probation or otherwise will not be incarcerated or confined,

373-21   the central repository shall immediately provide notification

373-22   concerning the offender to the appropriate local law

373-23   enforcement agencies and, if the offender resides in a

373-24   jurisdiction which is outside of this state, to the appropriate

373-25   law enforcement agency in that jurisdiction.

373-26    3.  If an offender is incarcerated or confined and has

373-27   previously been convicted of a crime against a child, before

373-28   the offender is released:

373-29      (a) The department of [prisons] corrections or a local law

373-30   enforcement agency in whose facility the offender is

373-31   incarcerated or confined shall:

373-32        (1) Inform the offender of the requirements for

373-33   registration, including, but not limited to:

373-34            (I) The duty to register in this state during any

373-35   period in which he is a resident of this state or a nonresident

373-36   who is a student or worker within this state and the time

373-37   within which he is required to register pursuant to

373-38  NRS 179D.240;

373-39            (II) The duty to register in any other jurisdiction

373-40   during any period in which he is a resident of the other

373-41   jurisdiction or a nonresident who is a student or worker

373-42   within the other jurisdiction;

373-43            (III) If he moves from this state to another

373-44   jurisdiction, the duty to register with the appropriate law

373-45   enforcement agency in the other jurisdiction; and

374-1             (IV) The duty to notify the local law enforcement

374-2  agency for the jurisdiction in which he now resides, in person,

374-3   and the jurisdiction in which he most recently resided, in

374-4   person or in writing, if he changes the address at which he

374-5   resides, including if he moves from this state to another

374-6   jurisdiction, or changes the primary address at which he is a

374-7   student or worker; and

374-8         (2) Require the offender to read and sign a form

374-9   confirming that the requirements for registration have been

374-10   explained to him and to forward the form to the central

374-11   repository.

374-12      (b) The central repository shall:

374-13        (1) Update the record of registration for the offender;

374-14   and

374-15        (2) Provide notification concerning the offender to the

374-16   appropriate local law enforcement agencies and, if the

374-17   offender will reside upon release in a jurisdiction which is

374-18   outside of this state, to the appropriate law enforcement

374-19   agency in that jurisdiction.

374-20    4.  The failure to provide an offender with the

374-21   information or confirmation form required by paragraph (a)

374-22   of subsection 3 does not affect the duty of the offender to

374-23   register and to comply with all other provisions for

374-24   registration.

374-25    5.  If the central repository receives notice from another

374-26   jurisdiction or the Federal Bureau of Investigation that an

374-27   offender convicted of a crime against a child is now residing

374-28   or is a student or worker within this state, the central

374-29   repository shall:

374-30      (a) Immediately provide notification concerning the

374-31   offender to the appropriate local law enforcement agencies;

374-32   and

374-33      (b) Establish a record of registration for the offender with

374-34   the assistance of the local law enforcement agency.

374-35      Sec. 78.  NRS 179D.450 is hereby amended to read as

374-36   follows:

374-37      179D.450  1.  If the central repository receives notice

374-38   from a court pursuant to NRS 176.0927 that a sex offender

374-39   has been convicted of a sexual offense or pursuant to NRS

374-40   62.590 that a juvenile sex offender has been deemed to be an

374-41   adult sex offender, the central repository shall:

374-42      (a) If a record of registration has not previously been

374-43   established for the sex offender, notify the local law

374-44   enforcement agency so that a record of registration may be

374-45   established; or

375-1      (b) If a record of registration has previously been

375-2  established for the sex offender, update the record of

375-3   registration for the sex offender and notify the appropriate

375-4   local law enforcement agencies.

375-5     2.  If the sex offender named in the notice is granted

375-6   probation or otherwise will not be incarcerated or confined or

375-7   if the sex offender named in the notice has been deemed to

375-8   be an adult sex offender pursuant to NRS 62.590 and is not

375-9   otherwise incarcerated or confined:

375-10      (a) The central repository shall immediately provide

375-11   notification concerning the sex offender to the appropriate

375-12   local law enforcement agencies and, if the sex offender

375-13   resides in a jurisdiction which is outside of this state, to the

375-14   appropriate law enforcement agency in that jurisdiction; and

375-15      (b) If the sex offender is subject to community

375-16   notification, the central repository shall arrange for the

375-17   assessment of the risk of recidivism of the sex offender

375-18   pursuant to the guidelines and procedures for community

375-19   notification established by the attorney general pursuant to

375-20   NRS 179D.600 to 179D.800, inclusive.

375-21    3.  If a sex offender is incarcerated or confined and has

375-22   previously been convicted of a sexual offense as described in

375-23   NRS 179D.410, before the sex offender is released:

375-24      (a) The department of [prisons] corrections or a local law

375-25   enforcement agency in whose facility the sex offender is

375-26   incarcerated or confined shall:

375-27        (1) Inform the sex offender of the requirements for

375-28   registration, including, but not limited to:

375-29            (I) The duty to register in this state during any

375-30   period in which he is a resident of this state or a nonresident

375-31   who is a student or worker within this state and the time

375-32   within which he is required to register pursuant to

375-33  NRS 179D.460;

375-34            (II) The duty to register in any other jurisdiction

375-35   during any period in which he is a resident of the other

375-36   jurisdiction or a nonresident who is a student or worker

375-37   within the other jurisdiction;

375-38            (III) If he moves from this state to another

375-39   jurisdiction, the duty to register with the appropriate law

375-40   enforcement agency in the other jurisdiction; and

375-41            (IV) The duty to notify the local law enforcement

375-42   agency for the jurisdiction in which he now resides, in

375-43   person, and the jurisdiction in which he formerly resided, in

375-44   person or in writing, if he changes the address at which he

375-45   resides, including if he moves from this state to another

375-46   jurisdiction,

376-1  or changes the primary address at which he is a student or

376-2  worker; and

376-3         (2) Require the sex offender to read and sign a form

376-4   confirming that the requirements for registration have been

376-5   explained to him and to forward the form to the central

376-6   repository.

376-7      (b) The central repository shall:

376-8         (1) Update the record of registration for the sex

376-9   offender;

376-10        (2) If the sex offender is subject to community

376-11   notification, arrange for the assessment of the risk of

376-12   recidivism of the sex offender pursuant to the guidelines and

376-13   procedures for community notification established by the

376-14   attorney general pursuant to NRS 179D.600 to 179D.800,

376-15   inclusive; and

376-16        (3) Provide notification concerning the sex offender to

376-17   the appropriate local law enforcement agencies and, if the

376-18   sex offender will reside upon release in a jurisdiction which

376-19   is outside of this state, to the appropriate law enforcement

376-20   agency in that jurisdiction.

376-21    4.  The failure to provide a sex offender with the

376-22   information or confirmation form required by paragraph (a)

376-23   of subsection 3 does not affect the duty of the sex offender to

376-24   register and to comply with all other provisions for

376-25   registration.

376-26    5.  If the central repository receives notice from another

376-27   jurisdiction or the Federal Bureau of Investigation that a sex

376-28   offender is now residing or is a student or worker within this

376-29   state, the central repository shall:

376-30      (a) Immediately provide notification concerning the sex

376-31   offender to the appropriate local law enforcement agencies;

376-32      (b) Establish a record of registration for the sex offender;

376-33   and

376-34      (c) If the sex offender is subject to community

376-35   notification, arrange for the assessment of the risk of

376-36   recidivism of the sex offender pursuant to the guidelines and

376-37   procedures for community notification established by the

376-38   attorney general pursuant to NRS 179D.600 to 179D.800,

376-39   inclusive.

376-40      Sec. 81.  NRS 202.2491 is hereby amended to read as

376-41   follows:

376-42      202.2491  1.  Except as otherwise provided in

376-43   subsections 5 and 6 and NRS 202.24915, the smoking of

376-44   tobacco in any form is prohibited if done in any:

376-45      (a) Public elevator.

376-46      (b) Public building.

377-1      (c) Public waiting room, lobby or hallway of any:

377-2         (1) Medical facility or facility for the dependent as

377-3   defined in chapter 449 of NRS; or

377-4         (2) Office of any chiropractor, dentist, physical

377-5   therapist, physician, podiatric physician, psychologist,

377-6   optician, optometrist or doctor of Oriental medicine.

377-7      (d) Hotel or motel when so designated by the operator

377-8   thereof.

377-9      (e) Public area of a store principally devoted to the sale of

377-10   food for human consumption off the premises.

377-11      (f) Child care facility.

377-12      (g) Bus used by the general public, other than a chartered

377-13   bus, or in any maintenance facility or office associated with a

377-14   bus system operated by any regional transportation

377-15   commission.

377-16      (h) School bus.

377-17    2.  The person in control of an area listed in paragraph

377-18   (c), (d), (e), (f) or (g) of subsection 1:

377-19      (a) Shall post in the area signs prohibiting smoking in any

377-20   place not designated for that purpose as provided in

377-21   paragraph (b).

377-22      (b) May designate separate rooms or portions of the area

377-23   which may be used for smoking, except for a room or portion

377-24   of the area of a store described in paragraph (e) of subsection

377-25   1 if the room or portion of the area:

377-26        (1) Is leased to or operated by a person licensed

377-27   pursuant to NRS 463.160; and

377-28        (2) Does not otherwise qualify for an exemption set

377-29   forth in NRS 202.24915.

377-30    3.  The person in control of a public building:

377-31      (a) Shall post in the area signs prohibiting smoking in any

377-32   place not designated for that purpose as provided in

377-33   paragraph (b).

377-34      (b) Shall, except as otherwise provided in this subsection,

377-35   designate a separate area which may be used for

377-36  smoking.

377-37  A school district which prohibits the use of tobacco by pupils

377-38   need not designate an area which may be used by the pupils

377-39   to smoke.

377-40    4.  The operator of a restaurant with a seating capacity of

377-41   50 or more shall maintain a flexible nonsmoking area within

377-42   the restaurant and offer each patron the opportunity to be

377-43   seated in a smoking or nonsmoking area.

377-44    5.  A business which derives more than 50 percent of its

377-45   gross receipts from the sale of alcoholic beverages or 50

377-46   percent of its gross receipts from gaming operations may be

378-1  designated as a smoking area in its entirety by the operator of

378-2  the business.

378-3     6.  The smoking of tobacco is not prohibited in:

378-4      (a) Any room or area designated for smoking pursuant to

378-5   paragraph (b) of subsection 2 or paragraph (b) of

378-6  subsection 3.

378-7      (b) A licensed gaming establishment. A licensed gaming

378-8   establishment may designate separate rooms or areas within

378-9   the establishment which may or may not be used for

378-10   smoking.

378-11    7.  The person in control of a child care facility shall not

378-12   allow children in any room or area he designates for smoking

378-13   pursuant to paragraph (b) of subsection 2. Any such room or

378-14   area must be sufficiently separate or ventilated so that there

378-15   are no irritating or toxic effects of smoke in the other areas of

378-16   the facility.

378-17    8.  As used in this section:

378-18      (a) “Child care facility” means an establishment licensed

378-19   pursuant to chapter 432A of NRS to provide care for 13 or

378-20   more children.

378-21      (b) “Licensed gaming establishment” has the meaning

378-22   ascribed to it in NRS 463.0169.

378-23      (c) “Public building” means any building or office space

378-24   owned or occupied by:

378-25        (1) Any component of the University and Community

378-26   College System of Nevada and used for any purpose related

378-27   to the system.

378-28        (2) The State of Nevada and used for any public

378-29   purpose, other than that used by the department of [prisons]

378-30   corrections to house or provide other services to offenders.

378-31        (3) Any county, city, school district or other political

378-32   subdivision of the state and used for any public

378-33  purpose.

378-34  If only part of a building is owned or occupied by an entity

378-35   described in this paragraph, the term means only that portion

378-36   of the building which is so owned or occupied.

378-37      (d) “School bus” has the meaning ascribed to it in

378-38  NRS 483.160.

378-39      Sec. 85.  NRS 233B.039 is hereby amended to read as

378-40   follows:

378-41      233B.039  1.  The following agencies are entirely

378-42   exempted from the requirements of this chapter:

378-43      (a) The governor.

378-44      (b) The department of [prisons.] corrections.

378-45      (c) The University and Community College System of

378-46   Nevada.

378-47      (d) The office of the military.

379-1      (e) The state gaming control board.

379-2      (f) The Nevada gaming commission.

379-3      (g) The welfare division of the department of human

379-4   resources.

379-5      (h) The division of health care financing and policy of the

379-6   department of human resources.

379-7      (i) The state board of examiners acting pursuant to

379-8   chapter 217 of NRS.

379-9      (j) Except as otherwise provided in NRS 533.365, the

379-10   office of the state engineer.

379-11      (k) The division of industrial relations of the department

379-12   of business and industry in acting to enforce the provisions

379-13   of NRS 618.375.

379-14      (l) The administrator of the division in establishing and

379-15   adjusting the schedule of fees and charges for accident

379-16   benefits pursuant to subsection 2 of NRS 616C.260.

379-17      (m) The board to review claims in adopting resolutions to

379-18   carry out its duties pursuant to NRS 590.830.

379-19    2.  Except as otherwise provided in subsection 5 and

379-20   NRS 391.323, the department of education, the board of the

379-21   public employees’ benefits program and the commission on

379-22   professional standards in education are subject to the

379-23   provisions of this chapter for the purpose of adopting

379-24   regulations but not with respect to any contested case.

379-25    3.  The special provisions of:

379-26      (a) Chapter 612 of NRS for the distribution of regulations

379-27   by and the judicial review of decisions of the employment

379-28   security division of the department of employment, training

379-29   and rehabilitation;

379-30      (b) Chapters 616A to 617, inclusive, of NRS for the

379-31   determination of contested claims;

379-32      (c) Chapter 703 of NRS for the judicial review of

379-33   decisions of the public utilities commission of Nevada;

379-34      (d) Chapter 91 of NRS for the judicial review of decisions

379-35   of the administrator of the securities division of the office of

379-36   the secretary of state; and

379-37      (e) NRS 90.800 for the use of summary orders in

379-38   contested cases,

379-39  prevail over the general provisions of this chapter.

379-40    4.  The provisions of NRS 233B.122, 233B.124,

379-41   233B.125 and 233B.126 do not apply to the department of

379-42   human resources in the adjudication of contested cases

379-43   involving the issuance of letters of approval for health

379-44   facilities and agencies.

379-45    5.  The provisions of this chapter do not apply to:

380-1      (a) Any order for immediate action, including, but not

380-2  limited to, quarantine and the treatment or cleansing of

380-3   infected or infested animals, objects or premises, made under

380-4   the authority of the state board of agriculture, the state board

380-5   of health, the state board of sheep commissioners or any

380-6   other agency of this state in the discharge of a responsibility

380-7   for the preservation of human or animal health or for insect

380-8   or pest control;

380-9      (b) An extraordinary regulation of the state board of

380-10   pharmacy adopted pursuant to NRS 453.2184; or

380-11      (c) A regulation adopted by the state board of education

380-12   pursuant to section 12 or 30 of [this act.] Senate Bill No. 289

380-13   of the 71st session of the Nevada Legislature.

380-14    6.  The state board of parole commissioners is subject to

380-15   the provisions of this chapter for the purpose of adopting

380-16   regulations but not with respect to any contested case.

380-17      Sec. 90.  NRS 289.550 is hereby amended to read as

380-18   follows:

380-19      289.550  1.  Except as otherwise provided in subsection

380-20   2, a person upon whom some or all of the powers of a peace

380-21   officer are conferred pursuant to NRS 289.150 to 289.360,

380-22   inclusive, must be certified by the commission within 1 year

380-23   after the date on which the person commences employment

380-24   as a peace officer unless the commission, for good cause

380-25   shown, grants in writing an extension of time, which must

380-26   not exceed 6 months, by which the person must become

380-27   certified. A person who fails to become certified within the

380-28   required time shall not exercise any of the powers of a peace

380-29   officer after the time for becoming certified has expired.

380-30    2.  The following persons are not required to be certified

380-31   by the commission:

380-32      (a) The chief parole and probation officer;

380-33      (b) The director of the department of [prisons;]

380-34   corrections;

380-35      (c) The state fire marshal;

380-36      (d) The director of the department of public safety, the

380-37   deputy directors of the department, the chiefs of the divisions

380-38   of the department other than the investigation division, and

380-39   the members of the state disaster identification team of the

380-40   division of emergency management of the department;

380-41      (e) The commissioner of insurance and his chief deputy;

380-42      (f) Railroad policemen; and

380-43      (g) California correctional officers.

 

 

381-1      Sec. 92.  NRS 334.010 is hereby amended to read as

381-2  follows:

381-3      334.010  1.  No automobile may be purchased by any

381-4   department, office, bureau, officer or employee of the state

381-5   without prior written consent of the state board of examiners.

381-6     2.  All such automobiles must be used for official

381-7   purposes only.

381-8     3.  All such automobiles, except:

381-9      (a) Automobiles maintained for and used by the governor;

381-10      (b) Automobiles used by or under the authority and

381-11   direction of the chief parole and probation officer, the state

381-12   contractors’ board and auditors, the state fire marshal, the

381-13   investigation division of the department of public safety,

381-14  the investigators of the state gaming control board, the

381-15   investigators of the securities division of the office of the

381-16   secretary of state and the investigators of the attorney

381-17   general;

381-18      (c) One automobile used by the department of [prisons;]

381-19   corrections;

381-20      (d) Two automobiles used by the Caliente youth center;

381-21      (e) Three automobiles used by the Nevada youth training

381-22   center; and

381-23      (f) Four automobiles used by the youth parole bureau of

381-24   the division of child and family services of the department of

381-25   human resources,

381-26  must be labeled by painting the words “State of Nevada” and

381-27   “For Official Use Only” on the automobiles in plain

381-28   lettering. The director of the department of administration or

381-29   his representative shall prescribe the size and location of the

381-30   label for all such automobiles.

381-31    4.  Any officer or employee of the State of Nevada who

381-32   violates any provision of this section is guilty of a

381-33   misdemeanor.

381-34      Sec. 93.  NRS 380A.041 is hereby amended to read as

381-35   follows:

381-36      380A.041  1.  The governor shall appoint to the council:

381-37      (a) A representative of public libraries;

381-38      (b) A trustee of a legally established library or library

381-39   system;

381-40      (c) A representative of school libraries;

381-41      (d) A representative of academic libraries;

381-42      (e) A representative of special libraries or institutional

381-43   libraries;

381-44      (f) A representative of persons with disabilities;

381-45      (g) A representative of the public who uses these

381-46   libraries;

382-1      (h) A representative of recognized state labor

382-2  organizations;

382-3      (i) A representative of private sector employers;

382-4      (j) A representative of private literacy organizations,

382-5   voluntary literacy organizations or community-based literacy

382-6   organizations; and

382-7      (k) A classroom teacher who has demonstrated

382-8   outstanding results in teaching children or adults to read.

382-9     2.  The director of the following state agencies or their

382-10   designees shall serve as ex officio members of the council:

382-11      (a) The department of cultural affairs;

382-12      (b) The department of education;

382-13      (c) The department of employment, training and

382-14   rehabilitation;

382-15      (d) The department of human resources;

382-16      (e) The commission on economic development; and

382-17      (f) The department of [prisons.] corrections.

382-18    3.  Officers of state government whose agencies provide

382-19   funding for literacy services may be designated by the

382-20   governor or the chairman of the council to serve whenever

382-21   matters within the jurisdiction of the agency are considered

382-22   by the council.

382-23    4.  The governor shall ensure that there is appropriate

382-24   representation on the council of urban and rural areas of the

382-25   state, women, persons with disabilities , and racial and ethnic

382-26   minorities.

382-27    5.  A person may not serve as a member of the council

382-28   for more than two consecutive terms.

382-29      Sec. 94.  NRS 387.1233 is hereby amended to read as

382-30   follows:

382-31      387.1233  1.  Except as otherwise provided in

382-32   subsection 2, basic support of each school district must be

382-33   computed by:

382-34      (a) Multiplying the basic support guarantee per pupil

382-35   established for that school district for that school year by the

382-36   sum of:

382-37        (1) Six-tenths the count of pupils enrolled in the

382-38   kindergarten department on the last day of the first school

382-39   month of the school district for the school year, including,

382-40   without limitation, the count of pupils who reside in the

382-41   county and are enrolled in any charter school on the last day

382-42   of the first school month of the school district for the school

382-43   year.

382-44        (2) The count of pupils enrolled in grades 1 to 12,

382-45   inclusive, on the last day of the first school month of the

382-46   school district for the school year, including, without

383-1  limitation, the count of pupils who reside in the county and

383-2  are enrolled in any charter school on the last day of the first

383-3   school month of the school district for the school year.

383-4         (3) The count of pupils not included under

383-5   subparagraph (1) or (2) who are receiving special education

383-6   pursuant to the provisions of NRS 388.440 to 388.520,

383-7   inclusive, on the last day of the first school month of the

383-8   school district for the school year, excluding the count of

383-9   pupils who have not attained the age of 5 years and who are

383-10   receiving special education pursuant to subsection 1 of NRS

383-11   388.490 on that day.

383-12        (4) Six-tenths the count of pupils who have not

383-13   attained the age of 5 years and who are receiving special

383-14   education pursuant to subsection 1 of NRS 388.490 on the

383-15   last day of the first school month of the school district for the

383-16   school year.

383-17        (5) The count of children detained in detention homes,

383-18   alternative programs and juvenile forestry camps receiving

383-19   instruction pursuant to the provisions of NRS 388.550,

383-20   388.560 and 388.570 on the last day of the first school month

383-21   of the school district for the school year.

383-22        (6) The count of pupils who are enrolled in classes for

383-23   at least one semester pursuant to subsection 4 of NRS

383-24   386.560 or subsection 3 of NRS 392.070, expressed as a

383-25   percentage of the total time services are provided to those

383-26   pupils per school day in proportion to the total time services

383-27   are provided during a school day to pupils who are counted

383-28   pursuant to subparagraph (2).

383-29      (b) Multiplying the number of special education program

383-30   units maintained and operated by the amount per program

383-31   established for that school year.

383-32      (c) Adding the amounts computed in paragraphs (a)

383-33  and (b).

383-34    2.  If the enrollment of pupils in a school district or a

383-35   charter school that is located within the school district on the

383-36   last day of the first school month of the school district for the

383-37   school year is less than the enrollment of pupils in the same

383-38   school district or charter school on the last day of the first

383-39   school month of the school district for either or both of the

383-40   immediately preceding 2 school years, the largest number

383-41   must be used from among the 3 years for purposes of

383-42   apportioning money from the state distributive school

383-43   account to that school district or charter school pursuant to

383-44  NRS 387.124.

383-45    3.  Pupils who are excused from attendance at

383-46   examinations or have completed their work in accordance

384-1  with the rules of the board of trustees must be credited with

384-2  attendance during that period.

384-3     4.  Pupils who are incarcerated in a facility or institution

384-4   operated by the department of [prisons] corrections must not

384-5   be counted for the purpose of computing basic support

384-6   pursuant to this section. The average daily attendance for

384-7   such pupils must be reported to the department of education.

384-8     5.  Pupils who are enrolled in courses which are

384-9   approved by the department as meeting the requirements for

384-10   an adult to earn a high school diploma must not be counted

384-11   for the purpose of computing basic support pursuant to this

384-12   section.

384-13      Sec. 96.  NRS 425.393 is hereby amended to read as

384-14   follows:

384-15      425.393  1.  The chief may request the following

384-16   information to carry out the provisions of this chapter:

384-17      (a) The records of the following public officers and state,

384-18   county and local agencies:

384-19        (1) The state registrar of vital statistics;

384-20        (2) Agencies responsible for maintaining records

384-21   relating to state and local taxes and revenue;

384-22        (3) Agencies responsible for keeping records

384-23   concerning real property and personal property for which a

384-24   title must be obtained;

384-25        (4) All boards, commissions and agencies that issue

384-26   occupational or professional licenses, certificates or permits;

384-27        (5) The secretary of state;

384-28        (6) The employment security division of the

384-29   department of employment, training and rehabilitation;

384-30        (7) Agencies that administer public assistance;

384-31        (8) The department of motor vehicles;

384-32        (9) The department of public safety;

384-33        (10) The department of [prisons;] corrections; and

384-34        (11) Law enforcement agencies and any other agencies

384-35   that maintain records of criminal history.

384-36      (b) The names and addresses of:

384-37        (1) The customers of public utilities and community

384-38   antenna television companies; and

384-39        (2) The employers of the customers described in

384-40   subparagraph (1).

384-41      (c) Information in the possession of financial institutions

384-42   relating to the assets, liabilities and any other details of the

384-43   finances of a person.

384-44      (d) Information in the possession of a public or private

384-45   employer relating to the employment, compensation and

385-1  benefits of a person employed by the employer as an

385-2  employee or independent contractor.

385-3     2.  If a person or other entity fails to supply the

385-4   information requested pursuant to subsection 1, the

385-5   administrator may issue a subpoena to compel the person or

385-6   entity to provide that information. A person or entity who

385-7   fails to comply with a request made pursuant to subsection 1

385-8   is subject to a civil penalty not to exceed $500 for each

385-9   failure to comply.

385-10    3.  A disclosure made in good faith pursuant to

385-11   subsection 1 does not give rise to any action for damages for

385-12   the disclosure.

385-13      Sec. 100.  NRS 453.3363 is hereby amended to read as

385-14   follows:

385-15      453.3363  1.  If a person who has not previously been

385-16   convicted of any offense pursuant to NRS 453.011 to

385-17   453.552, inclusive, and sections 2 to 12, inclusive, of Senate

385-18   Bill No. 397 of [this session] the 71st session of the Nevada

385-19   Legislature or pursuant to any statute of the United States or

385-20   of any state relating to narcotic drugs, marijuana, or

385-21   stimulant, depressant or hallucinogenic substances tenders a

385-22   plea of guilty, guilty but mentally ill, nolo contendere or

385-23   similar plea to a charge pursuant to NRS 453.336, 453.411 or

385-24   454.351, or is found guilty of one of those charges, the court,

385-25   without entering a judgment of conviction and with the

385-26   consent of the accused, may suspend further proceedings and

385-27   place him on probation upon terms and conditions that must

385-28   include attendance and successful completion of an

385-29   educational program or, in the case of a person dependent

385-30   upon drugs, of a program of treatment and rehabilitation

385-31   pursuant to NRS 453.580.

385-32    2.  Upon violation of a term or condition, the court may

385-33   enter a judgment of conviction and proceed as provided in

385-34   the section pursuant to which the accused was charged.

385-35   Notwithstanding the provisions of paragraph (e) of

385-36   subsection 2 of NRS 193.130, upon violation of a term or

385-37   condition, the court may order the person to the custody of

385-38   the department of [prisons.] corrections.

385-39    3.  Upon fulfillment of the terms and conditions, the

385-40   court shall discharge the accused and dismiss the

385-41   proceedings against him. A nonpublic record of the dismissal

385-42   must be transmitted to and retained by the division of parole

385-43   and probation of the department of public safety solely for

385-44   the use of the courts in determining whether, in later

385-45   proceedings, the person qualifies under this section.

386-1     4.  Except as otherwise provided in subsection 5,

386-2  discharge and dismissal under this section is without

386-3   adjudication of guilt and is not a conviction for purposes of

386-4   this section or for purposes of employment, civil rights or

386-5   any statute or regulation or license or questionnaire or for

386-6   any other public or private purpose, but is a conviction for

386-7   the purpose of additional penalties imposed for second or

386-8   subsequent convictions or the setting of bail. Discharge and

386-9   dismissal restores the person discharged, in the

386-10   contemplation of the law, to the status occupied before the

386-11   arrest, indictment or information. He may not be held

386-12   thereafter under any law to be guilty of perjury or otherwise

386-13   giving a false statement by reason of failure to recite or

386-14   acknowledge that arrest, indictment, information or trial in

386-15   response to an inquiry made of him for any purpose.

386-16   Discharge and dismissal under this section may occur only

386-17   once with respect to any person.

386-18    5.  A professional licensing board may consider a

386-19   proceeding under this section in determining suitability for a

386-20   license or liability to discipline for misconduct. Such a board

386-21   is entitled for those purposes to a truthful answer from the

386-22   applicant or licensee concerning any such proceeding with

386-23   respect to him.

386-24      Sec. 104.  NRS 458.380 is hereby amended to read as

386-25   follows:

386-26      458.380  1.  The commission on substance abuse

386-27   education, prevention, enforcement and treatment is hereby

386-28   created within the department of public safety.

386-29    2.  The governor shall appoint as voting members of the

386-30   commission:

386-31      (a) Three members who represent the criminal justice

386-32   system and are knowledgeable in the areas of the

386-33   enforcement of laws relating to drugs, parole and probation

386-34   and the judicial system, at least one of whom is a peace

386-35   officer;

386-36      (b) Three members who represent education and are

386-37   knowledgeable about programs for the prevention of abuse

386-38   of drugs and alcohol, at least one of whom is a licensed

386-39   employee of a local school district;

386-40      (c) Three members who represent programs and

386-41   organizations for the rehabilitation of persons who abuse

386-42   drugs and alcohol, at least one of whom is a manager of a

386-43   program accredited by this state to treat persons who abuse

386-44   drugs and alcohol;

386-45      (d) One member who is employed by the health division

386-46   and has experience in matters concerning budgeting and

386-47   experience in working with the alcohol and drug abuse

386-48   programs of the health division;

387-1      (e) One member who is employed by the division of

387-2  mental health and developmental services of the department

387-3   of human resources who has relevant experience, which may

387-4   include, without limitation, experience in matters concerning

387-5   budgeting and experience in working with programs of the

387-6   division of mental health and developmental services of the

387-7   department of human resources;

387-8      (f) One member who represents the interests of private

387-9   businesses concerning substance abuse in the workplace; and

387-10      (g) Three members who represent the general public, one

387-11   of whom is the parent of a child who has a mental illness or

387-12   who has or has had a problem with substance abuse.

387-13    3.  At least three of the voting members of the

387-14   commission must be representatives of northern Nevada,

387-15   three must be representatives of southern Nevada and three

387-16   must be representatives of rural Nevada.

387-17    4.  The legislative commission shall appoint one member

387-18   of the senate and one member of the assembly to serve as

387-19   nonvoting members of the commission. Those members

387-20   must be appointed with appropriate regard for their

387-21   experience with and knowledge of matters relating to

387-22   substance abuse education, prevention, enforcement and

387-23   treatment.

387-24    5.  The director of the department of human resources,

387-25   the superintendent of public instruction, the director of the

387-26   department of employment, training and rehabilitation, the

387-27   director of the department of [prisons,] corrections, the

387-28   attorney general and the director of the department of public

387-29   safety are ex officio nonvoting members of the commission.

387-30   An ex officio member may designate a representative to

387-31   serve in his place on the commission or to attend a meeting

387-32   of the commission in his place. Each ex officio member or

387-33   his representative shall attend each meeting of the

387-34   commission and provide any information which the

387-35   commission requests.

387-36    6.  The term of office of each voting member of the

387-37   commission is 2 years.

387-38    7.  The governor shall appoint one member who is not an

387-39   elected officer to serve as chairman of the commission.

387-40    8.  Each member of the commission is entitled to receive

387-41   the per diem allowance and travel expenses provided for

387-42   state officers and employees generally.

387-43    9.  Except during a regular or special session of the

387-44   legislature, each legislative member of the commission is

387-45   entitled to receive the compensation provided for a majority

387-46   of the members of the legislature during the first 60 days of

387-47   the preceding regular session for each day or portion of a day

387-48   during which he attends a meeting of the commission or is

388-1  otherwise engaged in the business of the commission. The

388-2  salaries and expenses of the legislative members of the

388-3   commission must be paid from the legislative fund.

388-4      Sec. 105.  NRS 482.267 is hereby amended to read as

388-5   follows:

388-6      482.267  The director shall utilize the facility for the

388-7   production of license plates which is located at the

388-8   department of [prisons] corrections to produce all license

388-9   plates required by the department of motor vehicles.

388-10      Sec. 106.  NRS 482.368 is hereby amended to read as

388-11   follows:

388-12      482.368  1.  Except as otherwise provided in subsection

388-13   2, the department shall provide suitable distinguishing

388-14   license plates for exempt vehicles. These plates must be

388-15   displayed on the vehicles in the same manner as provided for

388-16   privately owned vehicles. The fee for the issuance of the

388-17   plates is $5. Any license plates authorized by this section

388-18   must be immediately returned to the department when the

388-19   vehicle for which they were issued ceases to be used

388-20   exclusively for the purpose for which it was exempted from

388-21   the governmental services tax.

388-22    2.  License plates furnished for:

388-23      (a) Those vehicles which are maintained for and used by

388-24   the governor or under the authority and direction of the chief

388-25   parole and probation officer, the state contractors’ board and

388-26   auditors, the state fire marshal, the investigation division of

388-27   the department of public safety and any authorized federal

388-28   law enforcement agency or law enforcement agency from

388-29   another state;

388-30      (b) One vehicle used by the department of [prisons,]

388-31   corrections, three vehicles used by the division of wildlife of

388-32   the state department of conservation and natural resources,

388-33   two vehicles used by the Caliente youth center and four

388-34   vehicles used by the Nevada youth training center;

388-35      (c) Vehicles of a city, county or the state, if authorized by

388-36   the department for the purposes of law enforcement or work

388-37   related thereto or such other purposes as are approved upon

388-38   proper application and justification; and

388-39      (d) Vehicles maintained for and used by investigators of

388-40   the following:

388-41        (1) The state gaming control board;

388-42        (2) The state department of agriculture;

388-43        (3) The attorney general;

388-44        (4) City or county juvenile officers;

388-45        (5) District attorneys’ offices;

388-46        (6) Public administrators’ offices;

389-1         (7) Public guardians’ offices;

389-2         (8) Sheriffs’ offices;

389-3         (9) Police departments in the state; and

389-4         (10) The securities division of the office of the

389-5   secretary of state,

389-6  must not bear any distinguishing mark which would serve to

389-7   identify the vehicles as owned by the state, county or city.

389-8   These license plates must be issued annually for $12 per

389-9   plate or, if issued in sets, per set.

389-10    3.  The director may enter into agreements with

389-11   departments of motor vehicles of other states providing for

389-12   exchanges of license plates of regular series for vehicles

389-13   maintained for and used by investigators of the law

389-14   enforcement agencies enumerated in paragraph (d) of

389-15   subsection 2, subject to all of the requirements imposed by

389-16   that paragraph, except that the fee required by that paragraph

389-17   must not be charged.

389-18    4.  Applications for the licenses must be made through

389-19   the head of the department, board, bureau, commission,

389-20   school district or irrigation district, or through the chairman

389-21   of the board of county commissioners of the county or town

389-22   or through the mayor of the city, owning or controlling the

389-23   vehicles, and no plate or plates may be issued until a

389-24   certificate has been filed with the department showing that

389-25   the name of the department, board, bureau, commission,

389-26   county, city, town, school district or irrigation district, as the

389-27   case may be, and the words “For Official Use Only” have

389-28   been permanently and legibly affixed to each side of the

389-29   vehicle, except those vehicles enumerated in subsection 2.

389-30    5.  As used in this section, “exempt vehicle” means a

389-31   vehicle exempt from the governmental services tax, except a

389-32   vehicle owned by the United States.

389-33    6.  The department shall adopt regulations governing the

389-34   use of all license plates provided for in this section. Upon a

389-35   finding by the department of any violation of its regulations,

389-36   it may revoke the violator’s privilege of registering vehicles

389-37   pursuant to this section.

389-38      Sec. 115.  Sections 5 and 6 of Assembly Bill No. 110 of

389-39   the 71st session of the Nevada Legislature are hereby

389-40   amended to read as follows:

389-41      Sec. 5.  NRS 6.020 is hereby amended to read as

389-42   follows:

389-43      6.020  1.  [Upon] Except as otherwise provided in

389-44   subsections 2 and 3 and section 2 of this act, upon

389-45   satisfactory proof, made by affidavit or otherwise, the

389-46   following-named persons, and no others , [except as

390-1  otherwise provided in subsections 2 and 3,] are exempt

390-2  from service as grand or trial jurors:

390-3      (a) Any federal or state officer.

390-4      (b) Any judge, justice of the peace or attorney at law.

390-5      (c) Any county clerk, recorder, assessor, sheriff,

390-6   deputy sheriff, constable or police officer.

390-7      (d) Any locomotive engineer, locomotive fireman,

390-8   conductor, brakeman, switchman or engine foreman.

390-9      (e) Any officer or correctional officer employed by the

390-10   department of corrections.

390-11      (f) Any employee of the legislature or the legislative

390-12   counsel bureau while the legislature is in session.

390-13      (g) Any physician, optometrist or dentist who is

390-14   licensed to practice in this state.

390-15      (h) Any person who has a fictitious address pursuant

390-16   to NRS 217.462 to 217.471, inclusive.

390-17      2.  All persons of the age of 70 years or over are

390-18   exempt from serving as grand or trial jurors. Whenever it

390-19   appears to the satisfaction of the court, by affidavit or

390-20   otherwise, that a juror is over the age of 70 years, the

390-21   court shall order the juror excused from all service as a

390-22   grand or trial juror, if the juror so desires.

390-23      3.  A person who is the age of 65 years or over who

390-24   lives 65 miles or more from the court is exempt from

390-25   serving as a grand or trial juror. Whenever it appears to

390-26   the satisfaction of the court, by affidavit or otherwise, that

390-27   a juror is the age of 65 years or over and lives 65 miles or

390-28   more from the court, the court shall order the juror

390-29   excused from all service as a grand or trial juror, if the

390-30   juror so desires.

390-31      Sec. 6.  1.  This section and sections 1 to 4,

390-32   inclusive, of this act [becomes] become effective on

390-33  July 1, 2001.

390-34      2.  Section 5 of this act becomes effective at 12:01

390-35   a.m. on July 1, 2001.

390-36      Sec. 118.  Section 91 of Senate Bill No. 91 of the 71st

390-37   session of the Nevada Legislature is hereby amended to read

390-38   as follows:

390-39      Sec. 91.  1.  NRS [630.272,] 630.274, 640B.010,

390-40   640B.020, 640B.030, 640B.040, 640B.050, 640B.080,

390-41   640B.100, 640B.110 and 640B.150 are hereby repealed.

390-42      2.  NRS 630.256 [is] and 630.272 are hereby

390-43   repealed.

390-44      Sec. 120.  1.  This section and sections 115, 118, 118.2,

390-45   118.6 and 118.8 of this act become effective on June 30,

390-46   2001.

391-1     2.  Sections 1 to [86,] 14, inclusive, 16, 18 to 76,

391-2  inclusive, 79 to 84, inclusive, 86, 88 [to 101, inclusive, 104,

391-3   105,] , 89, 91, 93, 95, 97, 98, 99, 101, 107, 108, 109, 111,

391-4   112 [and 114 to 119, inclusive,] , 114, 114.5, 116, 117, 118.4

391-5   and 119 of this act become effective on July 1, 2001.

391-6      [2.] 3.  Sections 15, 77, 78, 92, 94, 96, 102[, 103, 106,]

391-7   to 105, inclusive, 110 and 113 of this act become effective at

391-8   12:01 a.m. on July 1, 2001.

391-9      [3.] 4.  Sections 85, 90, 100 and 106 of this act become

391-10   effective at 12:02 a.m. on July 1, 2001.

391-11    5.  Section 86 of this act expires by limitation on [July 1,

391-12   2009.

391-13      4.] June 30, 2009.

391-14    6.  Section 87 of this act becomes effective at 12:01 a.m.

391-15   on July [2,] 1, 2009.

391-16    2.  Chapter 14, Statutes of Nevada 2001 Special Session, at

391-17   page 249, is hereby amended by adding thereto a new section to be

391-18   designated as section 114.5, immediately following section 114, to

391-19   read as follows:

391-20      Sec. 114.5.  Section 2 of chapter 77, Statutes of Nevada

391-21   1999, at page 175, is hereby amended to read as follows:

391-22      Sec. 2.  This act becomes effective upon passage and

391-23   approval and expires by limitation on [July 1,] June 30,

391-24   2009.

391-25    3.  Chapter 14, Statutes of Nevada 2001 Special Session, at

391-26   page 251, is hereby amended by adding thereto new sections to be

391-27   designated as sections 118.2, 118.4, 118.6 and 118.8, immediately

391-28   following section 118, to read respectively as follows:

391-29      Sec. 118.2.  Sections 35 and 42 of chapter 289, Statutes

391-30   of Nevada 2001, at pages 1334 and 1338, respectively, are

391-31   hereby amended to read respectively as follows:

391-32      Sec. 35.  NRS 233B.039 is hereby amended to read

391-33   as follows:

391-34      233B.039  1.  The following agencies are entirely

391-35   exempted from the requirements of this chapter:

391-36      (a) The governor.

391-37      (b) The department of prisons.

391-38      (c) The University and Community College System of

391-39   Nevada.

391-40      (d) The office of the military.

391-41      (e) The state gaming control board.

391-42      (f) The Nevada gaming commission.

391-43      (g) The welfare division of the department of human

391-44   resources.

391-45      (h) The division of health care financing and policy of

391-46   the department of human resources.

392-1      (i) The state board of examiners acting pursuant to

392-2  chapter 217 of NRS.

392-3      (j) Except as otherwise provided in NRS 533.365, the

392-4   office of the state engineer.

392-5      (k) The division of industrial relations of the

392-6   department of business and industry in acting to enforce

392-7   the provisions of NRS 618.375.

392-8      (l) The administrator of the division in establishing

392-9   and adjusting the schedule of fees and charges for

392-10   accident benefits pursuant to subsection 2 of NRS

392-11   616C.260.

392-12      (m) The board to review claims in adopting

392-13   resolutions to carry out its duties pursuant to

392-14  NRS 590.830.

392-15      2.  Except as otherwise provided in subsection 5 and

392-16   NRS 391.323, the department of education, the board of

392-17   the public employees’ benefits program and the

392-18   commission on professional standards in education are

392-19   subject to the provisions of this chapter for the purpose of

392-20   adopting regulations but not with respect to any contested

392-21   case.

392-22      3.  The special provisions of:

392-23      (a) Chapter 612 of NRS for the distribution of

392-24   regulations by and the judicial review of decisions of the

392-25   employment security division of the department of

392-26   employment, training and rehabilitation;

392-27      (b) Chapters 616A to 617, inclusive, of NRS for the

392-28   determination of contested claims;

392-29      (c) Chapter 703 of NRS for the judicial review of

392-30   decisions of the public utilities commission of Nevada;

392-31      (d) Chapter 91 of NRS for the judicial review of

392-32   decisions of the administrator of the securities division of

392-33   the office of the secretary of state; and

392-34      (e) NRS 90.800 for the use of summary orders in

392-35   contested cases,

392-36  prevail over the general provisions of this chapter.

392-37      4.  The provisions of NRS 233B.122, 233B.124,

392-38   233B.125 and 233B.126 do not apply to the department

392-39   of human resources in the adjudication of contested cases

392-40   involving the issuance of letters of approval for health

392-41   facilities and agencies.

392-42      5.  The provisions of this chapter do not apply to:

392-43      (a) Any order for immediate action, including, but not

392-44   limited to, quarantine and the treatment or cleansing of

392-45   infected or infested animals, objects or premises, made

392-46   under the authority of the state board of agriculture, the

392-47   state board of health, the state board of sheep

393-1  commissioners or any other agency of this state in the

393-2  discharge of a responsibility for the preservation of human

393-3   or animal health or for insect or pest control; [or]

393-4      (b) An extraordinary regulation of the state board of

393-5   pharmacy adopted pursuant to NRS 453.2184[.] ; or

393-6      (c) A regulation adopted by the state board of

393-7   education pursuant to section 12 or 30 of this act.

393-8      6.  The state board of parole commissioners is subject

393-9   to the provisions of this chapter for the purpose of

393-10   adopting regulations but not with respect to any contested

393-11   case.

393-12      Sec. 42.  1.  This section and sections 1 to 34,

393-13   inclusive, and 36 to 41, inclusive, of this act [becomes]

393-14   become effective on July 1, 2001.

393-15      2.  Section 35 of this act becomes effective at 12:01

393-16   a.m. on July 1, 2001.

393-17      Sec. 118.4.  Section 6 of chapter 345, Statutes of Nevada

393-18   2001, at page 1640, is hereby amended to read as follows:

393-19      Sec. 6.  NRS 213.1214 is hereby amended to read as

393-20   follows:

393-21      213.1214  1.  The board shall not release on parole a

393-22   prisoner convicted of an offense listed in subsection 5

393-23   unless a panel consisting of:

393-24      (a) The administrator of the division of mental health

393-25   and developmental services of the department of human

393-26   resources or his designee;

393-27      (b) The director of the department of corrections or his

393-28   designee; and

393-29      (c) A psychologist licensed to practice in this state or a

393-30   psychiatrist licensed to practice medicine in this

393-31  state,

393-32  certifies that the prisoner was under observation while

393-33   confined in an institution of the department of corrections

393-34   and [is not a menace to the health, safety or morals of

393-35   others.] does not represent a high risk to reoffend based

393-36   upon a currently accepted standard of assessment.

393-37      2.  A prisoner who has been certified pursuant to

393-38   subsection 1 and who returns for any reason to the

393-39   custody of the department of corrections may not be

393-40   paroled unless a panel recertifies him in the manner set

393-41   forth in subsection 1.

393-42      3.  The panel may revoke the certification of a

393-43   prisoner certified pursuant to subsection 1 at any time.

393-44      4.  This section does not create a right in any prisoner

393-45   to be certified or to continue to be certified. No prisoner

393-46   may bring a cause of action against the state, its political

394-1  subdivisions, or the agencies, boards, commissions,

394-2  departments, officers or employees of the state or its

394-3   political subdivisions for not certifying a prisoner

394-4   pursuant to this section or for refusing to place a prisoner

394-5   before a panel for certification pursuant to this section.

394-6      5.  The provisions of this section apply to a prisoner

394-7   convicted of any of the following offenses:

394-8      (a) Sexual assault pursuant to NRS 200.366.

394-9      (b) Statutory sexual seduction pursuant to

394-10  NRS 200.368.

394-11      (c) Battery with intent to commit sexual assault

394-12   pursuant to NRS 200.400.

394-13      (d) Abuse or neglect of a child pursuant to

394-14  NRS 200.508.

394-15      (e) An offense involving pornography and a minor

394-16   pursuant to NRS 200.710 to 200.730, inclusive.

394-17      (f) Incest pursuant to NRS 201.180.

394-18      (g) Solicitation of a minor to engage in acts

394-19   constituting the infamous crime against nature pursuant to

394-20   NRS 201.195.

394-21      (h) Open or gross lewdness pursuant to NRS 201.210.

394-22      (i) Indecent or obscene exposure pursuant to

394-23  NRS 201.220.

394-24      (j) Lewdness with a child pursuant to NRS 201.230.

394-25      (k) Sexual penetration of a dead human body pursuant

394-26   to NRS 201.450.

394-27      (l) Luring a child using a computer, system or network

394-28   pursuant to section 4 of Senate Bill No. 551 of the 71st

394-29   session of the Nevada Legislature, if punished as a felony.

394-30      (m) An attempt to commit an offense listed in

394-31   paragraphs (a) to (m), inclusive.

394-32      (n) Coercion or attempted coercion that is determined

394-33   to be sexually motivated pursuant to NRS 207.193.

394-34      Sec. 118.6.  Sections 121, 190 and 241 of chapter 520,

394-35   Statutes of Nevada 2001, at pages 2595, 2624 and 2644,

394-36   respectively, are hereby amended to read respectively as

394-37   follows:

394-38      Sec. 121.  NRS 289.550 is hereby amended to read as

394-39   follows:

394-40      289.550  1.  Except as otherwise provided in

394-41   subsection 2, a person upon whom some or all of the

394-42   powers of a peace officer are conferred pursuant to NRS

394-43   289.150 to 289.360, inclusive, must be certified by the

394-44   commission within 1 year after the date on which the

394-45   person commences employment as a peace officer unless

394-46   the commission, for good cause shown, grants in writing

395-1  an extension of time, which must not exceed 6 months, by

395-2  which the person must become certified. A person who

395-3   fails to become certified within the required time shall not

395-4   exercise any of the powers of a peace officer after the

395-5   time for becoming certified has expired.

395-6      2.  The following persons are not required to be

395-7   certified by the commission:

395-8      (a) The chief parole and probation officer;

395-9      (b) The director of the department of prisons;

395-10      (c) The state fire marshal;

395-11      (d) The director of the department of [motor vehicles

395-12   and] public safety, the deputy directors of the department,

395-13   the chiefs of the divisions of the department other than the

395-14   investigation division, and the members of the state

395-15   disaster identification team of the division of emergency

395-16   management of the department;

395-17      (e) The commissioner of insurance and his chief

395-18   deputy;

395-19      (f) Railroad policemen; and

395-20      (g) California correctional officers.

395-21      Sec. 190.  NRS 453.3363 is hereby amended to read

395-22   as follows:

395-23      453.3363  1.  If a person who has not previously

395-24   been convicted of any offense pursuant to NRS 453.011

395-25   to 453.552, inclusive, and sections 2 to 12, inclusive, of

395-26   [this act] Senate Bill No. 397 of this session or pursuant

395-27   to any statute of the United States or of any state relating

395-28   to narcotic drugs, marijuana, or stimulant, depressant or

395-29   hallucinogenic substances tenders a plea of guilty, guilty

395-30   but mentally ill, nolo contendere or similar plea to a

395-31   charge pursuant to NRS 453.336, 453.411 or 454.351, or

395-32   is found guilty of one of those charges, the court, without

395-33   entering a judgment of conviction and with the consent of

395-34   the accused, may suspend further proceedings and place

395-35   him on probation upon terms and conditions that must

395-36   include attendance and successful completion of an

395-37   educational program or, in the case of a person dependent

395-38   upon drugs, of a program of treatment and rehabilitation

395-39   pursuant to NRS 453.580.

395-40      2.  Upon violation of a term or condition, the court

395-41   may enter a judgment of conviction and proceed as

395-42   provided in the section pursuant to which the accused was

395-43   charged. Notwithstanding the provisions of paragraph (e)

395-44   of subsection 2 of NRS 193.130, upon violation of a term

395-45   or condition, the court may order the person to the

395-46   custody of the department of prisons.

396-1      3.  Upon fulfillment of the terms and conditions, the

396-2  court shall discharge the accused and dismiss the

396-3   proceedings against him. A nonpublic record of

396-4  the dismissal must be transmitted to and retained by the

396-5   division of parole and probation of the department of

396-6   [motor vehicles and] public safety solely for the use of the

396-7   courts in determining whether, in later proceedings, the

396-8   person qualifies under this section.

396-9      4.  Except as otherwise provided in subsection 5,

396-10   discharge and dismissal under this section is without

396-11   adjudication of guilt and is not a conviction for purposes

396-12   of this section or for purposes of employment, civil rights

396-13   or any statute or regulation or license or questionnaire or

396-14   for any other public or private purpose, but is a conviction

396-15   for the purpose of additional penalties imposed for second

396-16   or subsequent convictions or the setting of bail. Discharge

396-17   and dismissal restores the person discharged, in the

396-18   contemplation of the law, to the status occupied before

396-19   the arrest, indictment or information. He may not be held

396-20   thereafter under any law to be guilty of perjury or

396-21   otherwise giving a false statement by reason of failure to

396-22   recite or acknowledge that arrest, indictment, information

396-23   or trial in response to an inquiry made of him for any

396-24   purpose. Discharge and dismissal under this section may

396-25   occur only once with respect to any person.

396-26      5.  A professional licensing board may consider a

396-27   proceeding under this section in determining suitability

396-28   for a license or liability to discipline for misconduct. Such

396-29   a board is entitled for those purposes to a truthful answer

396-30   from the applicant or licensee concerning any such

396-31   proceeding with respect to him.

396-32      Sec. 241.  1.  This section and sections 1 to 41,

396-33   inclusive, 43 to 54, inclusive, 56, 57, 59 to 90, inclusive,

396-34   92 to 120, inclusive, 122 to 161, inclusive, 163 to 189,

396-35   inclusive, 191 to 223, inclusive, 227 to 240, inclusive,

396-36   and 242 of this act become effective upon passage and

396-37   approval for the purpose of authorizing any preliminary

396-38   activities necessary to ensure that the provisions of this

396-39   act are carried out in an orderly fashion and on July 1,

396-40   2001, for all other purposes.

396-41      2.  Sections 55, 58, 121, 190, 225 and 226 of this act

396-42   become effective at 12:01 a.m. on July 1, 2001.

396-43      3.  Section 162 of this act becomes effective at 12:05

396-44   a.m. on July 1, 2001.

396-45      4.  Sections 42 and 224 of this act become effective

396-46   on January 1, 2002.

397-1      Sec. 118.8.  Section 38 of chapter 592, Statutes of

397-2  Nevada 2001, at page 3068, is hereby amended to read as

397-3   follows:

397-4      Sec. 38.  NRS 453.3363 is hereby amended to read as

397-5   follows:

397-6      453.3363  1.  If a person who has not previously

397-7   been convicted of any offense pursuant to NRS 453.011

397-8   to 453.552, inclusive, and sections 2 to 12, inclusive, of

397-9   Senate Bill No. 397 of the 71st session of the Nevada

397-10   Legislature or pursuant to any statute of the United States

397-11   or of any state relating to narcotic drugs, marijuana, or

397-12   stimulant, depressant or hallucinogenic substances tenders

397-13   a plea of guilty, guilty but mentally ill, nolo contendere or

397-14   similar plea to a charge pursuant to subsection 2 or 3 of

397-15   NRS 453.336, NRS 453.411 or 454.351, or is found

397-16   guilty of one of those charges, the court, without entering

397-17   a judgment of conviction and with the consent of the

397-18   accused, may suspend further proceedings and place him

397-19   on probation upon terms and conditions that must include

397-20   attendance and successful completion of an educational

397-21   program or, in the case of a person dependent upon drugs,

397-22   of a program of treatment and rehabilitation pursuant to

397-23   NRS 453.580.

397-24      2.  Upon violation of a term or condition, the court

397-25   may enter a judgment of conviction and proceed as

397-26   provided in the section pursuant to which the accused was

397-27   charged. Notwithstanding the provisions of paragraph (e)

397-28   of subsection 2 of NRS 193.130, upon violation of a term

397-29   or condition, the court may order the person to the

397-30   custody of the department of corrections.

397-31      3.  Upon fulfillment of the terms and conditions, the

397-32   court shall discharge the accused and dismiss

397-33  the proceedings against him. A nonpublic record of the

397-34   dismissal must be transmitted to and retained by the

397-35   division of parole and probation of the department of

397-36   public safety solely for the use of the courts in

397-37   determining whether, in later proceedings, the person

397-38   qualifies under this section.

397-39      4.  Except as otherwise provided in subsection 5,

397-40   discharge and dismissal under this section is without

397-41   adjudication of guilt and is not a conviction for purposes

397-42   of this section or for purposes of employment, civil rights

397-43   or any statute or regulation or license or questionnaire or

397-44   for any other public or private purpose, but is a conviction

397-45   for the purpose of additional penalties imposed for second

397-46   or subsequent convictions or the setting of bail. Discharge

398-1  and dismissal restores the person discharged, in the

398-2  contemplation of the law, to the status occupied before the

398-3   arrest, indictment or information. He may not be held

398-4   thereafter under any law to be guilty of perjury or

398-5   otherwise giving a false statement by reason of failure to

398-6   recite or acknowledge that arrest, indictment, information

398-7   or trial in response to an inquiry made of him for any

398-8   purpose. Discharge and dismissal under this section may

398-9   occur only once with respect to any person.

398-10      5.  A professional licensing board may consider a

398-11   proceeding under this section in determining suitability

398-12   for a license or liability to discipline for misconduct. Such

398-13   a board is entitled for those purposes to a truthful answer

398-14   from the applicant or licensee concerning any such

398-15   proceeding with respect to him.

398-16    Sec. 110.  1.  Sections 1, 11, 12, 13, 14 and 15 of chapter 16,

398-17   Statutes of Nevada 2001 Special Session, at pages 256, 261 and

398-18   262, are hereby amended to read respectively as follows:

398-19      Section 1.  NRS 4.370 is hereby amended to read as

398-20   follows:

398-21      4.370  1.  Except as [limited by] otherwise provided in

398-22   subsection 2, justices’ courts have jurisdiction of the

398-23   following civil actions and proceedings and no others except

398-24   as otherwise provided by specific statute:

398-25      (a) In actions arising on contract for the recovery of

398-26   money only, if the sum claimed, exclusive of interest, does

398-27   not exceed $7,500.

398-28      (b) In actions for damages for injury to the person, or for

398-29   taking, detaining or injuring personal property, or for injury

398-30   to real property where no issue is raised by the verified

398-31   answer of the defendant involving the title to or boundaries

398-32   of the real property, if the damage claimed does not exceed

398-33   $7,500.

398-34      (c) Except as otherwise provided in paragraph (l) in

398-35   actions for a fine, penalty or forfeiture not exceeding $7,500,

398-36   given by statute or the ordinance of a county, city or town,

398-37   where no issue is raised by the answer involving the legality

398-38   of any tax, impost, assessment, toll or municipal fine.

398-39      (d) In actions upon bonds or undertakings conditioned for

398-40   the payment of money, if the sum claimed does not exceed

398-41   $7,500, though the penalty may exceed that sum. Bail bonds

398-42   and other undertakings posted in criminal matters may be

398-43   forfeited regardless of amount.

398-44      (e) In actions to recover the possession of personal

398-45   property, if the value of the property does not exceed $7,500.

399-1      (f) To take and enter judgment on the confession of a

399-2  defendant, when the amount confessed, exclusive of interest,

399-3   does not exceed $7,500.

399-4      (g) Of actions for the possession of lands and tenements

399-5   where the relation of landlord and tenant exists, when

399-6   damages claimed do not exceed $7,500 or when no damages

399-7   are claimed.

399-8      (h) Of actions when the possession of lands and

399-9   tenements has been unlawfully or fraudulently obtained or

399-10   withheld, when damages claimed do not exceed $7,500 or

399-11   when no damages are claimed.

399-12      (i) Of suits for the collection of taxes, where the amount

399-13   of the tax sued for does not exceed $7,500.

399-14      (j) Of actions for the enforcement of mechanics’ liens,

399-15   where the amount of the lien sought to be enforced, exclusive

399-16   of interest, does not exceed $7,500.

399-17      (k) Of actions for the enforcement of liens of owners of

399-18   facilities for storage, where the amount of the lien sought to

399-19   be enforced, exclusive of interest, does not exceed $7,500.

399-20      (l) In actions for a fine imposed for a violation of

399-21  NRS 484.757.

399-22      (m) Except in a judicial district that includes a county

399-23   whose population is 100,000 or more, in any action for the

399-24   issuance of a temporary or extended order for protection

399-25   against domestic violence.

399-26      (n) In an action for the issuance of a temporary or

399-27   extended order for protection against harassment in the

399-28   workplace pursuant to sections 2 to 19, inclusive, of [this

399-29   act.] Assembly Bill No. 370 of the 71st session of the

399-30   Nevada Legislature.

399-31      (o) In small claims actions under the provisions of chapter

399-32   73 of NRS.

399-33      (p) In actions to contest the validity of liens on mobile

399-34   homes or manufactured homes.

399-35      (q) In any action pursuant to NRS 200.591 for the

399-36   issuance of a protective order against a person alleged to be

399-37   committing the crime of stalking, aggravated stalking or

399-38   harassment.

399-39    2.  The jurisdiction conferred by this section does not

399-40   extend to civil actions, other than for forcible entry or

399-41   detainer, in which the title of real property or mining claims

399-42   or questions affecting the boundaries of land are involved.

399-43    3.  Justices’ courts have jurisdiction of all misdemeanors

399-44   and no other criminal offenses except as otherwise provided

399-45   by specific statute. Upon approval of the district court, a

399-46   justice’s court may transfer original jurisdiction of a

400-1  misdemeanor to the district court for the purpose of

400-2  assigning an offender to a program established pursuant to

400-3   section 5 of this act.

400-4     4.  Except as otherwise provided in subsections 5 and 6,

400-5   in criminal cases the jurisdiction of justices of the peace

400-6   extends to the limits of their respective counties.

400-7     5.  In the case of any arrest made by a member of the

400-8   Nevada highway patrol, the jurisdiction of the justices of the

400-9   peace extends to the limits of their respective counties and to

400-10   the limits of all counties which have common boundaries

400-11   with their respective counties.

400-12    6.  Each justice’s court has jurisdiction of any violation

400-13   of a regulation governing vehicular traffic on an airport

400-14   within the township in which the court is established.

400-15      Sec. 11.  NRS 179.245 is hereby amended to read as

400-16   follows:

400-17      179.245  1.  Except as otherwise provided in subsection

400-18   5 and NRS 453.3365, [and] section 22 of [this act,] Senate

400-19   Bill No. 519 of the 71st session of the Nevada Legislature,

400-20   and section 8 of this act, a person may petition the court in

400-21   which he was convicted for the sealing of all records relating

400-22   to a conviction of:

400-23      (a) A category A or B felony after 15 years from the date

400-24   of his release from actual custody or discharge from parole

400-25   or probation, whichever occurs later;

400-26      (b) A category C or D felony after 12 years from the date

400-27   of his release from actual custody or discharge from parole

400-28   or probation, whichever occurs later;

400-29      (c) A category E felony after 10 years from the date of his

400-30   release from actual custody or discharge from parole or

400-31   probation, whichever occurs later;

400-32      (d) Any gross misdemeanor after 7 years from the date of

400-33   his release from actual custody or discharge from probation,

400-34   whichever occurs later;

400-35      (e) A violation of NRS 484.379 other than a felony, or a

400-36   battery which constitutes domestic violence pursuant to NRS

400-37   33.018 other than a felony, after 7 years from the date of his

400-38   release from actual custody or from the date when he is no

400-39   longer under a suspended sentence, whichever occurs later;

400-40   or

400-41      (f) Any other misdemeanor after 3 years from the date of

400-42   his release from actual custody or from the date when he is

400-43   no longer under a suspended sentence, whichever occurs

400-44   later.

400-45    2.  A petition filed pursuant to subsection 1 must:

400-46      (a) Be accompanied by current, verified records of the

400-47   petitioner’s criminal history received from:

401-1         (1) The central repository for Nevada records of

401-2  criminal history; and

401-3         (2) The local law enforcement agency of the city or

401-4   county in which the conviction was entered;

401-5      (b) Include a list of any other public or private agency,

401-6   company, official or other custodian of records that is

401-7   reasonably known to the petitioner to have possession of

401-8   records of the conviction and to whom the order to seal

401-9   records, if issued, will be directed; and

401-10      (c) Include information that, to the best knowledge and

401-11   belief of the petitioner, accurately and completely identifies

401-12   the records to be sealed.

401-13    3.  Upon receiving a petition pursuant to this section, the

401-14   court shall notify the law enforcement agency that arrested

401-15   the petitioner for the crime and:

401-16      (a) If the person was convicted in a district court or

401-17   justice’s court, the prosecuting attorney for the county; or

401-18      (b) If the person was convicted in a municipal court, the

401-19   prosecuting attorney for the city.

401-20  The prosecuting attorney and any person having relevant

401-21   evidence may testify and present evidence at the hearing on

401-22   the petition.

401-23    4.  If, after the hearing, the court finds that, in the period

401-24   prescribed in subsection 1, the petitioner has not been

401-25   charged with any offense for which the charges are pending

401-26   or convicted of any offense, exceptfor minor moving or

401-27   standing traffic violations, the court may order sealed all

401-28   records of the conviction which are in the custody of the

401-29   court, of another court in the State of Nevada or of a public

401-30   or private agency, company or official in the State of

401-31   Nevada, and may also order all such criminal identification

401-32   records of the petitioner returned to the file of the court

401-33   where the proceeding was commenced from, including, but

401-34   not limited to, the Federal Bureau of Investigation, the

401-35   California bureau of identification and information, sheriffs’

401-36   offices and all other law enforcement agencies reasonably

401-37   known by either the petitioner or the court to have possession

401-38   of such records.

401-39    5.  A person may not petition the court to seal records

401-40   relating to a conviction of a crime against a child or a sexual

401-41   offense.

401-42    6.  If the court grants a petition for the sealing of records

401-43   pursuant to this section, upon the request of the person whose

401-44   records are sealed, the court may order sealed all records of

401-45   the civil proceeding in which the records were sealed.

401-46    7.  As used in this section:

402-1      (a) “Crime against a child” has the meaning ascribed to it

402-2  in NRS 179D.210.

402-3      (b) “Sexual offense” means:

402-4         (1) Murder of the first degree committed in the

402-5   perpetration or attempted perpetration of sexual assault or of

402-6   sexual abuse or sexual molestation of a child less than 14

402-7   years of age pursuant to paragraph (b) of subsection 1 of

402-8  NRS 200.030.

402-9         (2) Sexual assault pursuant to NRS 200.366.

402-10        (3) Statutory sexual seduction pursuant to NRS

402-11   200.368, if punishable as a felony.

402-12        (4) Battery with intent to commit sexual assault

402-13   pursuant to NRS 200.400.

402-14        (5) An offense involving the administration of a drug

402-15   to another person with the intent to enable or assist the

402-16   commission of a felony pursuant to NRS 200.405, if the

402-17   felony is an offense listed in this paragraph.

402-18        (6) An offense involving the administration of a

402-19   controlled substance to another person with the intent to

402-20   enable or assist the commission of a crime of violence

402-21   pursuant to NRS 200.408, if the crime of violence is an

402-22   offense listed in this paragraph.

402-23        (7) Abuse of a child pursuant to NRS 200.508, if the

402-24   abuse involved sexual abuse or sexual exploitation.

402-25        (8) An offense involving pornography and a minor

402-26   pursuant to NRS 200.710 to 200.730, inclusive.

402-27        (9) Incest pursuant to NRS 201.180.

402-28        (10) Solicitation of a minor to engage in acts

402-29   constituting the infamous crime against nature pursuant to

402-30   NRS 201.195.

402-31        (11) Open or gross lewdness pursuant to NRS

402-32   201.210, if punishable as a felony.

402-33        (12) Indecent or obscene exposure pursuant to NRS

402-34   201.220, if punishable as a felony.

402-35        (13) Lewdness with a child pursuant to NRS 201.230.

402-36        (14) Sexual penetration of a dead human body

402-37   pursuant to NRS 201.450.

402-38        (15) Annoyance or molestation of a minor pursuant to

402-39   NRS 207.260.

402-40        (16) An attempt to commit an offense listed in

402-41   subparagraphs (1) to (15), inclusive.

402-42      Sec. 12.  NRS 179.275 is hereby amended to read as

402-43   follows:

402-44      179.275  Where the court orders the sealing of a record

402-45   pursuant to NRS 179.245, 179.255 or 453.3365, [or] section

402-46   22 of [this act,] Senate Bill No. 519 of the 71st session of

402-47   the

403-1  Nevada Legislature or section 8 of this act, a copy of the

403-2  order must be sent to:

403-3     1.  The central repository for Nevada records of criminal

403-4   history; and

403-5     2.  Each public or private company, agency or official

403-6   named in the order, and that person shall seal the records in

403-7   his custody which relate to the matters contained in the order,

403-8   shall advise the court of his compliance, and shall then seal

403-9   the order.

403-10      Sec. 13.  NRS 179.285 is hereby amended to read as

403-11   follows:

403-12      179.285  Except as otherwise provided in NRS 179.301,

403-13   if the court orders a record sealed pursuant to NRS 179.245,

403-14   179.255 or 453.3365 , [or] section 22 of [this act:] Senate

403-15   Bill No. 519 of the 71st session of the Nevada Legislature

403-16   or section 8 of this act:

403-17    1.  All proceedings recounted in the record are deemed

403-18   never to have occurred, and the person to whom the order

403-19   pertains may properly answer accordingly to any inquiry

403-20   concerning the arrest, conviction, dismissal or acquittal and

403-21   the events and proceedings relating to the arrest, conviction,

403-22   dismissal or acquittal.

403-23    2.  The court shall order the civil rights of the person to

403-24   whom the order pertains to be restored if the person has not

403-25   been restored to his civil rights.

403-26      Sec. 14.  NRS 179.295 is hereby amended to read as

403-27   follows:

403-28      179.295  1.  The person who is the subject of the

403-29   records that are sealed pursuant to NRS 179.245, 179.255 or

403-30   453.3365 , [or] section 22 of [this act] Senate Bill No. 519 of

403-31   the 71st session of the Nevada Legislature or section 8 of

403-32   this act may petition the court that ordered the records sealed

403-33   to permit inspection of the records by a person named in the

403-34   petition, and the court may order such inspection. Except as

403-35   otherwise provided in this section, section 22 of [this act]

403-36   Senate Bill No. 519 of the 71st session of the Nevada

403-37   Legislature and NRS 179.301, the court may not order the

403-38   inspection of the records under any other circumstances.

403-39    2.  If a person has been arrested, the charges have been

403-40   dismissed and the records of the arrest have been sealed, the

403-41   court may order the inspection of the records by a

403-42   prosecuting attorney upon a showing that as a result of newly

403-43   discovered evidence, the person has been arrested for the

403-44   same or similar offense and that there is sufficient evidence

403-45   reasonably to conclude that he will stand trial for the offense.

404-1     3.  The court may, upon the application of a prosecuting

404-2  attorney or an attorney representing a defendant in a criminal

404-3   action, order an inspection of such records for the purpose of

404-4   obtaining information relating to persons who were involved

404-5   in the incident recorded.

404-6     4.  This section does not prohibit a court from

404-7   considering a conviction for which records have been sealed

404-8   pursuant to NRS 179.245, 179.255 or 453.3365 , [or] section

404-9   22 of [this act] Senate Bill No. 519 of the 71st session of the

404-10   Nevada Legislature or section 8 of this act in determining

404-11   whether to grant a petition pursuant to NRS 179.245,

404-12   179.255 or 453.3365 , [or] section 22 of [this act] Senate Bill

404-13   No. 519 of the 71st session of the Nevada Legislature or

404-14   section 8 of this act for a conviction of another offense.

404-15      Sec. 15.  The amendatory provisions of sections 1 to 14,

404-16   inclusive, of this act do not apply to offenses committed

404-17   before October 1, 2001.

404-18    2.  Chapter 16, Statutes of Nevada 2001 Special Session, at

404-19   page 262, is hereby amended by adding thereto a new section to be

404-20   designated as section 14.5, immediately following section 14, to

404-21   read as follows:

404-22      Sec. 14.5.  Sections 23, 25 and 26 of chapter 262,

404-23   Statutes of Nevada 2001, at pages 1167 and 1169, are hereby

404-24   amended to read respectively as follows:

404-25      Sec. 23.  NRS 179.245 is hereby amended to read as

404-26   follows:

404-27      179.245  1.  Except as otherwise provided in

404-28   subsection 5 and NRS 453.3365, and section 22 of this

404-29   act, a person may petition the court in which he was

404-30   convicted for the sealing of all records relating to a

404-31   conviction of:

404-32      (a) A category A or B felony after 15 years from the

404-33   date of his release from actual custody or discharge from

404-34   parole or probation, whichever occurs later;

404-35      (b) A category C or D felony after 12 years from the

404-36   date of his release from actual custody or discharge from

404-37   parole or probation, whichever occurs later;

404-38      (c) A category E felony after 10 years from the date of

404-39   his release from actual custody or discharge from parole

404-40   or probation, whichever occurs later;

404-41      (d) Any gross misdemeanor after 7 years from the date

404-42   of his release from actual custody or discharge from

404-43   probation, whichever occurs later;

404-44      (e) A violation of NRS 484.379 other than a felony, or

404-45   a battery which constitutes domestic violence pursuant to

404-46   NRS 33.018 other than a felony, after 7 years from the

405-1  date of his release from actual custody or from the date

405-2  when he is no longer under a suspended sentence,

405-3   whichever occurs later; or

405-4      (f) Any other misdemeanor after 3 years from the date

405-5   of his release from actual custody or from the date when

405-6   he is no longer under a suspended sentence, whichever

405-7   occurs later.

405-8      2.  A petition filed pursuant to subsection 1 must:

405-9      (a) Be accompanied by current, verified records of the

405-10   petitioner’s criminal history received from:

405-11        (1) The central repository for Nevada records of

405-12   criminal history; and

405-13        (2) The local law enforcement agency of the city or

405-14   county in which the conviction was entered;

405-15      (b) Include a list of any other public or private agency,

405-16   company, official or other custodian of records that is

405-17   reasonably known to the petitioner to have possession of

405-18   records of the conviction and to whom the order to seal

405-19   records, if issued, will be directed; and

405-20      (c) Include information that, to the best knowledge and

405-21   belief of the petitioner, accurately and completely

405-22   identifies the records to be sealed.

405-23      3.  Upon receiving a petition pursuant to this section,

405-24   the court shall notify the law enforcement agency that

405-25   arrested the petitioner for the crime and:

405-26      (a) If the person was convicted in a district court or

405-27   justice’s court, the prosecuting attorney for the county; or

405-28      (b) If the person was convicted in a municipal court,

405-29   the prosecuting attorney for the city.

405-30  The prosecuting attorney and any person having relevant

405-31   evidence may testify and present evidence at the hearing

405-32   on the petition.

405-33      4.  If, after the hearing, the court finds that, in the

405-34   period prescribed in subsection 1, the petitioner has not

405-35   been charged with any offense for which the charges are

405-36   pending or convicted of any offense, exceptfor minor

405-37   moving or standing traffic violations, the court may order

405-38   sealed all records of the conviction which are in the

405-39   custody of the court, of another court in the State of

405-40   Nevada or of a public or private agency, company or

405-41   official in the State of Nevada, and may also order all

405-42   such criminal identification records of the petitioner

405-43   returned to the file of the court where the proceeding was

405-44   commenced from, including, but not limited to, the

405-45   Federal Bureau of Investigation, the California bureau of

405-46   identification and [investigation bureau,] information,

405-47   sheriffs’ offices and

406-1  all other law enforcement agencies reasonably known by

406-2  either the petitioner or the court to have possession of such

406-3   records.

406-4      5.  A person may not petition the court to seal records

406-5   relating to a conviction of a crime against a child or a

406-6   sexual offense.

406-7      6.  If the court grants a petition for the sealing of

406-8   records pursuant to this section, upon the request of the

406-9   person whose records are sealed, the court may order

406-10   sealed all records of the civil proceeding in which the

406-11   records were sealed.

406-12      7.  As used in this section:

406-13      (a) “Crime against a child” has the meaning ascribed

406-14   to it in NRS 179D.210.

406-15      (b) “Sexual offense” [has the meaning ascribed to it in

406-16   NRS 179D.410.] means:

406-17        (1) Murder of the first degree committed in the

406-18   perpetration or attempted perpetration of sexual assault

406-19   or of sexual abuse or sexual molestation of a child less

406-20   than 14 years of age pursuant to paragraph (b) of

406-21   subsection 1 of NRS 200.030.

406-22        (2) Sexual assault pursuant to NRS 200.366.

406-23        (3) Statutory sexual seduction pursuant to NRS

406-24   200.368, if punishable as a felony.

406-25        (4) Battery with intent to commit sexual assault

406-26   pursuant to NRS 200.400.

406-27        (5) An offense involving the administration of a

406-28   drug to another person with the intent to enable or assist

406-29   the commission of a felony pursuant to NRS 200.405, if

406-30   the felony is an offense listed in this paragraph.

406-31        (6) An offense involving the administration of a

406-32   controlled substance to another person with the intent to

406-33   enable or assist the commission of a crime of violence

406-34   pursuant to NRS 200.408, if the crime of violence is an

406-35   offense listed in this paragraph.

406-36        (7) Abuse of a child pursuant to NRS 200.508, if

406-37   the abuse involved sexual abuse or sexual exploitation.

406-38        (8) An offense involving pornography and a

406-39   minor pursuant to NRS 200.710 to 200.730, inclusive.

406-40        (9) Incest pursuant to NRS 201.180.

406-41        (10) Solicitation of a minor to engage in acts

406-42   constituting the infamous crime against nature pursuant

406-43   to NRS 201.195.

406-44        (11) Open or gross lewdness pursuant to NRS

406-45   201.210, if punishable as a felony.

407-1         (12) Indecent or obscene exposure pursuant to

407-2  NRS 201.220, if punishable as a felony.

407-3         (13) Lewdness with a child pursuant to

407-4  NRS 201.230.

407-5         (14) Sexual penetration of a dead human body

407-6   pursuant to NRS 201.450.

407-7         (15) Annoyance or molestation of a minor

407-8   pursuant to NRS 207.260.

407-9         (16) An attempt to commit an offense listed in

407-10   subparagraphs (1) to (15), inclusive.

407-11      Sec. 25.  NRS 179.285 is hereby amended to read as

407-12   follows:

407-13      179.285  Except as otherwise provided in NRS

407-14   179.301, if the court orders a record sealed pursuant to

407-15   NRS 179.245, 179.255 or 453.3365[:] or section 22 of

407-16   this act:

407-17      1.  All proceedings recounted in the record are

407-18   deemed never to have occurred, and the person to whom

407-19   the order pertains may properly answer accordingly to

407-20   any inquiry concerning the arrest, conviction, dismissal or

407-21   acquittal and the events and proceedings relating to the

407-22   arrest, conviction, dismissal or acquittal.

407-23      2.  The court shall order the civil rights of the person

407-24   to whom the order pertains to be restored if the person has

407-25   not been restored to his civil rights.

407-26      Sec. 26.  NRS 179.295 is hereby amended to read as

407-27   follows:

407-28      179.295  1.  The person who is the subject of the

407-29   records that are sealed pursuant to NRS 179.245, 179.255

407-30   or 453.3365 or section 22 of this act may petition the

407-31   court that ordered the records sealed to permit inspection

407-32   of the records by a person named in the petition, and the

407-33   court may order such inspection. Except as otherwise

407-34   provided in this section , section 22 of this act and NRS

407-35   179.301, the court may not order the inspection of the

407-36   records under any other circumstances.

407-37      2.  If a person has been arrested, the charges have

407-38   been dismissed and the records of the arrest have been

407-39   sealed, the court may order the inspection of the records

407-40   by a prosecuting attorney upon a showing that as a result

407-41   of newly discovered evidence, the person has been

407-42   arrested for the same or similar offense and that there is

407-43   sufficient evidence reasonably to conclude that he will

407-44   stand trial for the offense.

407-45      3.  The court may, upon the application of a

407-46   prosecuting attorney or an attorney representing a

408-1  defendant in a criminal action, order an inspection of such

408-2  records for the purpose of obtaining information relating

408-3   to persons who were involved in the incident recorded.

408-4      4.  This section does not prohibit a court from

408-5   considering a conviction for which records have been

408-6   sealed pursuant to NRS 179.245, 179.255 or 453.3365 or

408-7   section 22 of this act in determining whether to grant a

408-8   petition pursuant to NRS 179.245, 179.255 or 453.3365

408-9   or section 22 of this act for a conviction of another

408-10   offense.

408-11    3.  Chapter 16, Statutes of Nevada 2001 Special Session, at

408-12   page 262, is hereby amended by adding thereto a new section to be

408-13   designated as section 16, immediately following section 15, to read

408-14   as follows:

408-15      Sec. 16.  1.  This section and section 14.5 of this act

408-16   become effective on June 30, 2001.

408-17    2.  Sections 2 to 14, inclusive, and 15 of this act become

408-18   effective on October 1, 2001.

408-19    3.  Section 1 of this act becomes effective at 12:01 a.m.

408-20   on October 1, 2001.

408-21    Sec. 111.  1.  Sections 1, 3, 6 and 8 of chapter 21, Statutes of

408-22   Nevada 2001 Special Session, at pages 269, 270, 273 and 274,

408-23   respectively, are hereby amended to read respectively as follows:

408-24      Section 1.  NRS 389.090 is hereby amended to read as

408-25   follows:

408-26      389.090  1.  The state board shall adopt regulations

408-27   governing the establishment, conduct and scope of

408-28   automobile driver education in the public schools of this

408-29   state. The regulations must set forth, without limitation:

408-30      (a) The number of hours of training that must be

408-31   completed by a pupil who enrolls in a course in automobile

408-32   driver education;

408-33      (b) That a course in automobile driver education may be

408-34   conducted in a classroom or motor vehicle, or both; and

408-35      (c) That if a course in automobile driver education is

408-36   conducted both in a classroom and in a motor vehicle, 1

408-37   hour of training in a motor vehicle is equivalent to 3 hours

408-38   of training in a classroom.

408-39    2.  The aims and purposes of automobile driver education

408-40   are to develop the knowledge, attitudes, habits and skills

408-41   necessary for the safe operation of motor vehicles.

408-42    3.  The board of trustees of a school district may

408-43   establish and maintain courses in automobile driver

408-44   education [classes] during regular semesters and summer

408-45   sessions and during the regular school day and at times other

408-46   than during the regular school day for:

409-1      (a) Pupils enrolled in the regular full-time day high

409-2  schools in the school district.

409-3      (b) Pupils enrolled in summer classes conducted in high

409-4   schools in the school district.

409-5  A board of trustees maintaining courses in automobile driver

409-6   education shall insure against any liability arising out of the

409-7   use of motor vehicles in connection with those courses. The

409-8   cost of the insurance must be paid from available money of

409-9   the school district . [funds.]

409-10    4.  A governing body of a charter school may establish

409-11   and maintain courses in automobile driver education

409-12   [classes] if the governing body insures against any liability

409-13   arising out of the use of motor vehicles in connection with

409-14   those courses.

409-15    5.  Automobile driver education must be provided by

409-16   boards of trustees of school districts and governing bodies of

409-17   charter schools in accordance with the regulations of the state

409-18   board and may not be duplicated by any other agency,

409-19   department, commission or officer of the State of Nevada.

409-20    6.  Each course in automobile driver education provided

409-21   by a board of trustees of a school district or a governing body

409-22   of a charter school must include, without limitation,

409-23   instruction in:

409-24      (a) Motor vehicle insurance.

409-25      (b) The effect of drugs and alcohol on an operator of a

409-26   motor vehicle.

409-27    7.  Each course in automobile driver education provided

409-28   by a board of trustees of a school district or a governing body

409-29   of a charter school must be restricted to pupils who are at

409-30   least 15 years of age.

409-31      Sec. 3.  NRS 483.250 is hereby amended to read as

409-32   follows:

409-33      483.250  The department shall not issue any license

409-34   [under] pursuant to the provisions of NRS 483.010 to

409-35   483.630, inclusive:

409-36    1.  To any person who is under the age of 18 years,

409-37   except that the department may issue:

409-38      (a) A restricted license to a person between the ages of 14

409-39   and 18 years pursuant to the provisions of NRS 483.267 and

409-40   483.270.

409-41      (b) An instruction permit to a person who is at least 15

409-42   1/2 years of age pursuant to the provisions of subsection 1 of

409-43   NRS 483.280.

409-44      (c) A restricted instruction permit to a person under the

409-45   age of 18 years pursuant to the provisions of subsection 3 of

409-46   NRS 483.280.

410-1      (d) Except as otherwise provided in paragraph (e), a

410-2  license to a person between the ages of [16] 15 3/4 and 18

410-3   years if:

410-4         (1) He has completed a course [in] :

410-5             (I) In automobile driver education pursuant to NRS

410-6   389.090 ; or [a course provided]

410-7             (II) Provided by a school for training drivers

410-8   licensed pursuant to NRS 483.700 to 483.780, inclusive, if

410-9   the course complies with the applicable regulations

410-10   governing the establishment, conduct and scope of

410-11   automobile driver education adopted by the state board of

410-12   education pursuant to NRS 389.090;

410-13        (2) He has at least 50 hours of experience in driving a

410-14   motor vehicle with a restricted license, instruction permit or

410-15   restricted instruction permit issued pursuant to NRS 483.267,

410-16   483.270 or 483.280; [and]

410-17        (3) His parent or legal guardian [has signed and

410-18   submitted] signs and submits to the department a form

410-19   provided by the department which attests that the person who

410-20   wishes to obtain the license has completed the training and

410-21   experience required by [this paragraph.] subparagraphs (1)

410-22   and (2); and

410-23        (4) He has held an instruction permit for at least:

410-24            (I) Ninety days before he applies for the license, if

410-25   he was under the age of 16 years at the time he obtained the

410-26   instruction permit;

410-27            (II) Sixty days before he applies for the license, if

410-28   he was at least 16 years of age but less than 17 years of age

410-29   at the time he obtained the instruction permit; or

410-30            (III) Thirty days before he applies for the license,

410-31   if he was at least 17 years of age but less than 18 years of

410-32   age at the time he obtained the instruction permit.

410-33      (e) A license to a person who is between the ages of [16]

410-34   15 3/4 and 18 years if:

410-35        (1) The public school in which he is enrolled is located

410-36   in a county whose population is less than 50,000 or in a city

410-37   or town whose population is less than 25,000;

410-38        (2) The public school does not offer automobile driver

410-39   education;

410-40        (3) He has at least 50 hours of experience in driving a

410-41   motor vehicle with a restricted license, instruction permit or

410-42   restricted instruction permit issued pursuant to NRS 483.267,

410-43   483.270 or 483.280; [and]

410-44        (4) His parent or legal guardian signs and submits to

410-45   the department a form provided by the department which

410-46   attests that the person who wishes to obtain the license has

411-1  completed the experience required by subparagraph (3)[.] ;

411-2  and

411-3         (5) He has held an instruction permit for at least:

411-4             (I) Ninety days before he applies for the license, if

411-5   he was under the age of 16 years at the time he obtained the

411-6   instruction permit;

411-7             (II) Sixty days before he applies for the license, if

411-8   he was at least 16 years of age but less than 17 years of age

411-9   at the time he obtained the instruction permit; or

411-10            (III) Thirty days before he applies for the license,

411-11   if he was at least 17 years of age but less than 18 years of

411-12   age at the time he obtained the instruction permit.

411-13    2.  To any person whose license has been revoked until

411-14   the expiration of the period during which he is not eligible

411-15   for a license.

411-16    3.  To any person whose license has been suspended, but

411-17   [,] upon good cause shown to the administrator, the

411-18   department may issue a restricted license to him or shorten

411-19   any period of suspension.

411-20    4.  To any person who has previously been adjudged to

411-21   be afflicted with or suffering from any mental disability or

411-22   disease and who has not at the time of application been

411-23   restored to legal capacity.

411-24    5.  To any person who is required by NRS 483.010 to

411-25   483.630, inclusive, to take an examination, unless he has

411-26   successfully passed the examination.

411-27    6.  To any person when the administrator has good cause

411-28   to believe that by reason of physical or mental disability that

411-29   person would not be able to operate a motor vehicle safely.

411-30    7.  To any person who is not a resident of this state.

411-31    8.  To any child who is the subject of a court order issued

411-32   pursuant to paragraph (h) of subsection 1 of NRS 62.211,

411-33   NRS 62.2255, 62.226 or 62.228 which delays his privilege to

411-34   drive.

411-35    9.  To any person who is the subject of a court order

411-36   issued pursuant to NRS 206.330 which suspends or delays

411-37   his privilege to drive until the expiration of the period of

411-38   suspension or delay.

411-39      Sec. 6.  NRS 483.730 is hereby amended to read as

411-40   follows:

411-41      483.730  1.  The department shall issue a license to

411-42   operate a school for training drivers or to act as an instructor

411-43   for such a school, if [it] the department is satisfied that the

411-44   applicant has met the qualifications required by NRS

411-45   483.700 to 483.780, inclusive, and section 11 of Senate Bill

411-46   No. 523 of [this session.] the 71st session of the Nevada

411-47   Legislature.

412-1     2.  The license is valid for 5 years after the date of

412-2  issuance, unless canceled, suspended or revoked by the

412-3   department and, except as otherwise provided in subsection

412-4   3, may be renewed subject to the same conditions as the

412-5   original license, except that an operator of or instructor for a

412-6   school for training drivers is not required to comply with the

412-7   provisions of section 11 of Senate Bill No. 523 of [this

412-8   session] the 71st session of the Nevada Legislature for the

412-9   renewal of his license.

412-10    3.  Except as otherwise provided in subsection [5,] 4, the

412-11   department may renew the license of an instructor of a

412-12   school for training drivers if, when he submits his application

412-13   for the renewal of his license, he provides evidence

412-14   satisfactory to the department that, during the period of the

412-15   license, he completed [at least six credits of continuing

412-16   education by attending:

412-17      (a) A course of instruction relating to the training of

412-18   drivers approved by the department; or

412-19      (b) A state or national conference approved by the

412-20   department of education for credit for continuing education.

412-21    4.  In determining whether an instructor has complied

412-22   with the provisions of subsection 3, the department shall

412-23   award one credit of continuing education for the completion

412-24   of each 15 hours of:

412-25      (a) Classroom instruction in a course specified in

412-26   paragraph (a) of subsection 3; or

412-27      (b) Attendance at a conference specified in paragraph (b)

412-28   of subsection 3.

412-29      5.] training of a type and in an amount prescribed by the

412-30   department by regulation.

412-31    4.  The provisions of subsection 3 do not apply to an

412-32   instructor who provides instruction solely to applicants for

412-33   commercial drivers’ licenses.

412-34      Sec. 8.  1.  This section and [sections 1 to 4, inclusive,]

412-35   section 6.5 of this act become effective on June 30, 2001.

412-36    2.  Sections 2 and 4 of this act become effective on

412-37  July 1, 2001.

412-38      [2.] 3.  Section 1 of this act becomes effective at 12:01

412-39   a.m. on July 1, 2001.

412-40    4.  Section 3 of this act becomes effective at 12:02 a.m.

412-41   on July 1, 2001.

412-42    5.  Sections 5, 6 and 7 of this act become effective on

412-43   October 1, 2001.

 

 

413-1     2.  Chapter 21, Statutes of Nevada 2001 Special Session, at

413-2  page 274, is hereby amended by adding thereto a new section to be

413-3   designated as section 6.5, immediately following section 6, to read

413-4   as follows:

413-5      Sec. 6.5.  Sections 1 and 8 of chapter 321, Statutes of

413-6   Nevada 2001, at pages 1500 and 1504, respectively, are

413-7   hereby amended to read respectively as follows:

413-8      Section 1.  NRS 483.250 is hereby amended to read

413-9   as follows:

413-10      483.250  The department shall not issue any license

413-11   under the provisions of NRS 483.010 to 483.630,

413-12   inclusive:

413-13      1.  To any person who is under the age of 18 years,

413-14   except that the department may issue:

413-15      (a) A restricted license to a person between the ages of

413-16   14 and 18 years pursuant to the provisions of NRS

413-17   483.267 and 483.270.

413-18      (b) An instruction permit to a person who is at least 15

413-19   1/2 years of age pursuant to the provisions of subsection 1

413-20   of NRS 483.280.

413-21      (c) A restricted instruction permit to a person under

413-22   the age of 18 years pursuant to the provisions of

413-23   subsection 3 of NRS 483.280.

413-24      (d) Except as otherwise provided in paragraph (e), a

413-25   license to a person between the ages of 16 and 18 years

413-26   [who] if:

413-27        (1) He has completed a course [:

413-28        (1) In] in automobile driver education pursuant to

413-29   NRS 389.090 [; or

413-30        (2) Provided] or a course provided by a school for

413-31   training drivers licensed pursuant to NRS 483.700 to

413-32   483.780, inclusive, if the course complies with the

413-33   applicable regulations governing the establishment,

413-34   conduct and scope of automobile driver education

413-35   adopted by the state board of education pursuant to NRS

413-36   389.090 [,

413-37  and who has] ;

413-38        (2) He has at least 50 hours of experience in

413-39   driving a motor vehicle with a restricted license,

413-40   instruction permit or restricted instruction permit issued

413-41   pursuant to NRS 483.267, 483.270 or 483.280 [. The] ;

413-42   and

413-43        (3) His parent or legal guardian [of a person who

413-44   desires to obtain a license pursuant to this paragraph must

413-45   sign and submit] has signed and submitted to the

413-46   department a form provided by the department which

413-47   attests that the person who [desires a] wishes to obtain

413-48   the

414-1  license has completed the training and experience required

414-2  by this paragraph.

414-3      (e) A license to a person who is between the ages of

414-4   16 and 18 years if:

414-5         (1) The public school in which he is enrolled is

414-6   located in a county whose population is less than 50,000

414-7   or in a city or town whose population is less than 25,000;

414-8         (2) The public school does not offer automobile

414-9   driver education;

414-10        (3) He has at least 50 hours of experience in

414-11   driving a motor vehicle with a restricted license,

414-12   instruction permit or restricted instruction permit issued

414-13   pursuant to NRS 483.267, 483.270 or 483.280; and

414-14        (4) His parent or legal guardian signs and submits

414-15   to the department a form provided by the department

414-16   which attests that the person who [desires a] wishes to

414-17   obtain the license has completed the experience required

414-18   by subparagraph (3).

414-19      2.  To any person whose license has been revoked

414-20   until the expiration of the period during which he is not

414-21   eligible for a license.

414-22      3.  To any person whose license has been suspended,

414-23   but, upon good cause shown to the administrator, the

414-24   department may issue a restricted license to him or

414-25   shorten any period of suspension.

414-26      4.  To any person who has previously been adjudged

414-27   to be afflicted with or suffering from any mental

414-28   disability or disease and who has not at the time of

414-29   application been restored to legal capacity.

414-30      5.  To any person who is required by NRS 483.010 to

414-31   483.630, inclusive, to take an examination, unless he has

414-32   successfully passed the examination.

414-33      6.  To any person when the administrator has good

414-34   cause to believe that by reason of physical or mental

414-35   disability that person would not be able to operate a motor

414-36   vehicle safely.

414-37      7.  To any person who is not a resident of this state.

414-38      8.  To any child who is the subject of a court order

414-39   issued pursuant to paragraph (h) of subsection 1 of NRS

414-40   62.211, NRS 62.2255, 62.226 or 62.228 which delays his

414-41   privilege to drive.

414-42      9.  To any person who is the subject of a court order

414-43   issued pursuant to NRS 206.330 which suspends or

414-44   delays his privilege to drive until the expiration of the

414-45   period of suspension or delay.

414-46      Sec. 8.  1.  This section and sections [1,] 2, 3, 5, 6

414-47   and 7 of this act become effective on July 1, 2001.

414-48      2.  [Section] Sections 1 and 4 of this act [becomes]

414-49   become effective at 12:01 a.m. on July 1, 2001.

414-50    Sec. 112.  Section 58 of chapter 3, Statutes of Nevada 2002

414-51   Special Session, at page 21, is hereby amended to read as follows:

414-52      Sec. 58.  Chapter 633 of NRS is hereby amended by

414-53   adding thereto the provisions set forth as sections [62, 63

414-54   and] 59 to 64 , inclusive, of this act.

414-55    Sec. 113.  Section 7 of chapter 261, Statutes of Nevada 2001,

414-56   at page 1159, is hereby repealed.

414-57    Sec. 114.  This act becomes effective upon passage and

414-58   approval.

 

414-59  ²⁰~~~~~⁰³