[Rev. 2/11/2019 12:41:35 PM]
κ1997 Statutes of Nevada, Page 817 (CHAPTER 226, AB 176)κ
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. Except as otherwise provided in section 7 of [this act,] Senate Bill No. 102 of this session, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 21. Section 4 of Senate Bill No. 277 of this session is hereby amended to read as follows:
Sec. 4. Section 1 of this act becomes effective at 12:03 a.m. on October 1, 1997.
Sec. 22. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 818κ
Assembly Bill No. 309Committee on Commerce
CHAPTER 227
AN ACT relating to the practice of chiropractic; changing the name of the Nevada state board of chiropractic examiners; revising the definition of unprofessional conduct; revising the provisions governing the examination and licensure of applicants desiring to practice chiropractic; revising the requirements for the continuing education of licensees; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 634 of NRS is hereby amended by adding thereto a new section to read as follows:
The practice of chiropractic is hereby declared to be a learned profession, affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the state.
Sec. 2. NRS 634.012 is hereby amended to read as follows:
634.012 Board means the chiropractic physicians board of Nevada . [state board of chiropractic examiners.]
Sec. 3. NRS 634.018 is hereby amended to read as follows:
634.018 Unprofessional conduct means:
1. Obtaining a certificate upon fraudulent credentials or gross misrepresentation.
2. Procuring, or aiding or abetting in procuring, criminal abortion.
3. Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured.
4. Advertising chiropractic business in which grossly improbable statements are made, advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this subsection, public communication includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter. Nothing contained in this subsection prohibits the direct mailing of informational documents to former or current patients.
5. Willful disobedience of the law, or of the regulations of the state board of health [,] or of the [regulations of the Nevada state board of chiropractic examiners.] chiropractic physicians board of Nevada.
6. Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.
7. Administering, dispensing or prescribing any controlled substance.
8. Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance. The record of conviction is conclusive evidence of unprofessional conduct.
κ1997 Statutes of Nevada, Page 819 (CHAPTER 227, AB 309)κ
9. Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance.
10. Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
11. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter [.] or the regulations adopted by the board, or any other statute or regulation pertaining to the practice of chiropractic.
12. Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.
13. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
14. Solicitation by the licensee or his designated agent of any person who, at the time of the solicitation, is vulnerable to undue influence, including, without limitation, any person known by the licensee to have recently been:
(a) Involved in a motor vehicle accident;
(b) Involved in a work-related accident; or
(c) Injured by, or as the result of the actions of, another person.
15. Employing, directly or indirectly, any person as a chiropractors assistant unless the person has been issued a certificate by the board pursuant to NRS 634.123, or has applied for such a certificate and is awaiting the determination of the board concerning the application.
Sec. 4. NRS 634.020 is hereby amended to read as follows:
634.020 1. The chiropractic physicians board of Nevada , [state board of chiropractic examiners,] consisting of six members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Five members who are:
(1) Graduates of chiropractic schools or colleges giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and symptomatology;
(2) Licensed under this chapter; and
(3) Actually engaged in the practice of chiropractic in this state and who have been so engaged in this state for at least 3 years preceding their appointment.
(b) One member who is a representative of the general public.
3. At least two of the appointees must have had a course in physiotherapy in a school or college of chiropractic. Not more than two persons who are resident graduates of the same school or college of chiropractic may serve simultaneously as members of the board.
4. The member who is a representative of the general public shall not participate in preparing any examination required by the board.
κ1997 Statutes of Nevada, Page 820 (CHAPTER 227, AB 309)κ
Sec. 5. NRS 634.070 is hereby amended to read as follows:
634.070 1. All applicants for licenses to practice chiropractic in Nevada must [be examined semiannually] pass all examinations prescribed by the board. Examinations must be held at [such places within the state and at such times as are fixed by the board.] least semiannually.
2. The examinations [must] may be written , [and] oral, practical , [and] demonstrative , or any combination thereof, as the board determines to be sufficient, and [cover] must include, without limitation, the following subjects:
(a) Chapter 634 of NRS and regulations of the board;
(b) The technique for taking X-rays, including the positioning of the body, and interpretation of X-rays;
(c) Chiropractic technique ; [with a demonstration;] and
(d) Clinical competency and case management.
Sec. 6. NRS 634.090 is hereby amended to read as follows:
634.090 1. An applicant must, in addition to the requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the board that [he:
(a) Is] :
(a) He is of good moral character and, if licensed to practice chiropractic in another state, possesses a good professional reputation;
(b) [Has] He has a high school education and is a graduate from a college of chiropractic accredited by the Council on Chiropractic Education whose minimum course of study leading to the degree of doctor of chiropractic consists of not less than 4,000 hours of credit which includes instruction in each of the following subjects:
(1) Anatomy;
(2) Bacteriology;
(3) Chiropractic theory and practice;
(4) Diagnosis and chiropractic analysis;
(5) Elementary chemistry and toxicology;
(6) Histology;
(7) Hygiene and sanitation;
(8) Obstetrics and gynecology;
(9) Pathology;
(10) Physiology; and
(11) Physiotherapy; and
(c) [Holds:
(1) Certificates] He:
(1) Holds certificates which indicate that he has passed parts I, II and III, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners; or
(2) [An active license issued by a chiropractic board of a state in which the qualifications are equal to or higher than those required for certification by the National Board of Chiropractic Examiners for all subjects included in parts I, II and III, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners.] Has actively practiced chiropractic in another state for not fewer than 7 of the immediately preceding 10 years without having any adverse disciplinary action taken against him.
κ1997 Statutes of Nevada, Page 821 (CHAPTER 227, AB 309)κ
2. Except as otherwise provided in subsection 3, every applicant is required to submit evidence of his successful completion of not less than 60 credit hours at an accredited college or university.
3. Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection 2.
Sec. 7. NRS 634.100 is hereby amended to read as follows:
634.100 1. An applicant for a license to practice chiropractic in this state must pay the required fee to the secretary of the board not less than 60 days before the date of the examination.
2. [An applicant taking the examination who receives a general average of not less than] A score of 75 percent or higher in all subjects [and who does not fall below the grade of 70 percent in any one subject is entitled to a license to practice chiropractic.] taken on the examination is a passing score.
3. If an applicant fails to pass the first examination, he may take a second examination within 1 year without payment of any additional fees. Credit must be given on this examination for all subjects previously passed with a [grade] score of 75 percent or higher.
4. An applicant for a certificate as a chiropractors assistant must pay the required fee to the secretary of the board before the application may be considered.
Sec. 8. NRS 634.130 is hereby amended to read as follows:
634.130 1. Licenses and certificates must be renewed annually. Each person who is licensed pursuant to the provisions of this chapter must, upon the payment of the required renewal fee, be granted a renewal certificate which authorizes him to continue to practice for 1 year.
2. Each renewal fee must be paid to the board on or before January 1 of the year to which it applies.
3. Except as otherwise provided in subsection 4, a licensee in active practice within this state must submit satisfactory proof to the board that he has attended at least 12 hours of continuing education which is approved or endorsed by the board, with the exception of a licensee who has reached the age of 70 years. Two hours of the continuing education must be obtained in a topic specified by the board. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from a serious or disabling illness or physical disability which prevented him from completing the requirements for continuing education during the 12 months immediately preceding the renewal date of his license.
4. A licensee is not required to comply with the requirements of subsection 3 until the calendar year after the year the board issues to him an initial license to practice as a chiropractor in this state.
5. If a licensee fails to pay his renewal fee by January 1, fails to submit proof of continuing education pursuant to subsection 3 or fails to notify the board of a change in the location of his office pursuant to NRS 634.129, his license is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.
κ1997 Statutes of Nevada, Page 822 (CHAPTER 227, AB 309)κ
6. If a holder of a certificate as a chiropractors assistant fails to pay his renewal fee by January 1 or fails to notify the board of a change in the location of his office pursuant to NRS 634.129, his certificate is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.
________
Assembly Bill No. 388Committee on Elections, Procedures, and Ethics
CHAPTER 228
AN ACT relating to taxation; transferring the responsibility for the collection of the fees imposed on leases of passenger cars by short-term lessors from the department of motor vehicles and public safety to the department of taxation; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.300 is hereby amended to read as follows:
360.300 1. If a person fails to file a return or the department is not satisfied with the return or returns of any tax, contribution or premium or amount of tax, contribution or premium required to be paid to the state by any person, in accordance with the applicable provisions of NRS 482.313, this chapter or chapter 362, 364A, 365, 369, 370, 372, 372A, 373, 374, 377, 377A, 444A, 585, 590 or 680B of NRS as administered or audited by the department, it may compute and determine the amount required to be paid upon the basis of:
(a) The facts contained in the return;
(b) Any information within its possession or that may come into its possession; or
(c) Reasonable estimates of the amount.
2. One or more deficiency determinations may be made of the amount due for one or for more than one period.
3. When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.
Sec. 2. NRS 360.410 is hereby amended to read as follows:
360.410 1. If the department finds that a persons failure to make a timely return or payment of a tax imposed [by] pursuant to NRS 482.313 or this Title, except for chapters 364, 366 and 371, is due to circumstances beyond his control and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect, the department may relieve [such] that person of all or part of any penalty imposed.
2. Any person seeking relief from such a penalty shall file with the department a statement under oath setting forth the facts upon which he bases his claim for relief.
κ1997 Statutes of Nevada, Page 823 (CHAPTER 228, AB 388)κ
Sec. 3. NRS 360.412 is hereby amended to read as follows:
360.412 If the department believes that the collection of any amount of sales or use tax, business tax [,] or other excise due [under] pursuant to this Title [or] , NRS 482.313 or chapter 585 of NRS will be jeopardized by delay, it shall make a determination of the amount required to be collected and serve notice of the determination upon the person against whom it is made.
Sec. 4. NRS 360.417 is hereby amended to read as follows:
360.417 Unless a different penalty or rate of interest is specifically provided, any person who fails to pay any tax provided for in chapter 362, 364A, 365, 369, 370, 372, 373 or 374 of NRS, or fee provided for in NRS 482.313 or 590.700 to 590.920, inclusive, to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the department, in addition to the tax or fee, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment.
Sec. 5. NRS 360.510 is hereby amended to read as follows:
360.510 1. If any person is delinquent in the payment of any tax or fee administered by the department or if a determination has been made against him which remains unpaid, the department may:
(a) Not later than 3 years after the payment became delinquent or the determination became final; or
(b) Not later than 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,
give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of the state or any political subdivision or agency of the state, who has in his possession or under his control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before it presents the claim of the delinquent taxpayer to the state controller.
2. A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the departments notice.
3. After receiving the demand to transmit, the persons so notified may not transfer or otherwise dispose of the credits, other personal property, or debts in their possession or under their control at the time they received the notice until the department consents to a transfer or other disposition.
4. All persons so notified shall, within 10 days after receipt of the demand to transmit, inform the department of, and transmit to the department all such credits, other personal property, or debts in their possession, under their control or owing by them within the time and in the manner requested by the department. Except as otherwise provided in subsection 5, no further notice is required to be served to [such] those persons.
κ1997 Statutes of Nevada, Page 824 (CHAPTER 228, AB 388)κ
subsection 5, no further notice is required to be served to [such] those persons.
5. If the property of the delinquent taxpayer consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the department until otherwise notified by the department. If the debt of the delinquent taxpayer is not paid within 1 year after the department issued the original demand to transmit, it shall issue another demand to transmit to the person responsible for making the payments informing him to continue to transmit payments to the department or that his duty to transmit the payments to the department has ceased.
6. If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of a bank or other depository institution, the notice must be delivered or mailed to the branch or office of the bank or other depository institution at which the deposit is carried or at which the credits or personal property is held.
7. If any person so notified makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due [under] pursuant to NRS 482.313, this chapter or chapter 362, 364A, 365, 369, 370, 372, 372A, 373, 374, 377, 377A, 444A, 585, 590 or 680B of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
Sec. 6. NRS 360.530 is hereby amended to read as follows:
360.530 1. At any time within 3 years after any person has become delinquent in the payment of any amount of sales or use tax or other excise due [under] pursuant to this Title , NRS 482.313 or chapter 585 of NRS, the department may seize any property, real or personal, of the person and sell the property, or a sufficient part of it, at public auction to pay the amount due, together with any interest or penalties imposed for the delinquency and any costs incurred on account of the seizure and sale.
2. Any seizure made to collect a tax due may be only of the property of the person not exempt from execution under the provisions of law.
Sec. 7. NRS 482.313 is hereby amended to read as follows:
482.313 1. Upon the lease of a passenger car by a short-term lessor in this state, the short-term lessor shall charge and collect from the short-term lessee a fee of 6 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity. The amount of the fee must be indicated in the lease agreement.
2. On or before January 31 of each year, the short-term lessor shall:
(a) File with the department [,] of taxation and the department of motor vehicles and public safety, on a form prescribed by the department [,] of taxation, a report indicating the total amount of:
(1) Fees collected by the short-term lessor during the immediately preceding year pursuant to this section; and
κ1997 Statutes of Nevada, Page 825 (CHAPTER 228, AB 388)κ
(2) Vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.
(b) Remit to the department [:] of taxation:
(1) One-third of the fees collected by the short-term lessor during the immediately preceding year pursuant to this section; and
(2) Of the remainder of [such] those fees, any amount in excess of the total amount of vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.
3. The department of taxation shall deposit all money received from short-term lessors pursuant to the provisions of this section with the state treasurer for credit to the state general fund.
4. To ensure compliance with this section, the department of taxation may audit the records of a short-term lessor.
5. [Nothing in this section limits or affects] The provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of this chapter.
6. The department of motor vehicles and public safety shall, upon request, provide to the department of taxation any information in its records relating to a short-term lessor that the department of taxation considers necessary to collect the fee required by this section.
7. As used in this section, vehicle licensing fees and taxes means:
(a) The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by him; and
(b) The basic and supplemental privilege taxes paid by the short-term lessor with regard to [such] those passenger cars.
Sec. 8. This act becomes effective on July 1, 1997.
________
Assembly Bill No. 412Assemblymen Anderson, Perkins, Freeman, Von Tobel, Berman, Marvel, Ohrenschall, Amodei, Humke, Koivisto, Parks, Bache, Arberry, Giunchigliani, Goldwater, Herrera, Neighbors, de Braga, Williams, Buckley, Chowning, Mortenson, Sandoval, Cegavske, Price, Nolan, Manendo, Evans and Tiffany
CHAPTER 229
AN ACT relating to weapons; authorizing a private person who wishes to transfer a firearm to another person to obtain certain information from the central repository for Nevada records of criminal history about the person wishing to acquire the firearm; making various other changes concerning the ability of a person to own or possess a firearm; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A private person who wishes to transfer a firearm to another person may, before he transfers the firearm, request that the central repository for Nevada records of criminal history perform a background check on the person who wishes to acquire the firearm.
κ1997 Statutes of Nevada, Page 826 (CHAPTER 229, AB 412)κ
Nevada records of criminal history perform a background check on the person who wishes to acquire the firearm.
2. The person who requests the information pursuant to subsection 1 shall provide the central repository with identifying information about the person who wishes to acquire the firearm.
3. Upon receiving a request from a private person pursuant to subsection 1 and the identifying information required pursuant to subsection 2, the central repository shall within 5 business days after receiving the request:
(a) Perform a background check on the person who wishes to acquire the firearm; and
(b) Notify the person who requests the information whether the information available to the central repository indicates that the receipt of a firearm by the person who wishes to acquire the firearm would violate a state or federal law.
4. If the person who requests the information does not receive notification from the central repository regarding his request within 5 business days after making the request, he may presume that the receipt of a firearm by the person who wishes to acquire the firearm would not violate a state or federal law.
5. The central repository may charge a reasonable fee for performing a background check and notifying a person of the results of the background check pursuant to this section.
6. The failure of a person to request the central repository to perform a background check pursuant to this section before transferring a firearm to another person does not give rise to any civil cause of action.
Sec. 2. NRS 202.253 is hereby amended to read as follows:
202.253 As used in NRS 202.255 to 202.369, inclusive [:] , and section 1 of this act:
1. Firearm means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
2. Firearm capable of being concealed upon the person applies to and includes all firearms having a barrel less than 12 inches in length.
3. Motor vehicle means every vehicle that is self-propelled.
Sec. 3. NRS 202.350 is hereby amended to read as follows:
202.350 1. It is unlawful for a person within this state to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Except as otherwise provided in subsection 4 , [and NRS 202.3653 to 202.369, inclusive,] carry concealed upon his person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or machete;
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
κ1997 Statutes of Nevada, Page 827 (CHAPTER 229, AB 412)κ
(4) Knife which is made an integral part of a belt buckle.
2. It is unlawful for a person to possess or use a:
(a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or
(b) Machine gun or a silencer.
3. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of subsection 1 or 2 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony, and shall be punished as provided in NRS 193.130.
4. Except as otherwise provided in this subsection and NRS 202.3653 to 202.369, inclusive, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife.
5. This section does not apply to:
(a) Sheriffs, constables, marshals, peace officers, special police officers, police officers of this state, whether active or honorably retired, or other appointed officers.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.
(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.
(d) Members of the Armed Forces of the United States when on duty.
6. The exemptions provided in subsection 5 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.
7. The provisions of paragraph (b) of subsection 2 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.
8. As used in this section:
(a) Concealed weapon has the meaning ascribed to it in NRS 202.3653.
(b) Honorably retired means retired in Nevada after completion of 10 years of creditable service as a member of the public employees retirement system. A former peace officer is not honorably retired if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
(c) Machine gun means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
[(b)] (d) Nunchaku means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
κ1997 Statutes of Nevada, Page 828 (CHAPTER 229, AB 412)κ
[(c)] (e) Silencer means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
[(d)] (f) Switchblade knife means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.
[(e)] (g) Trefoil means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.
Sec. 4. NRS 202.360 is hereby amended to read as follows:
202.360 1. A person who has been convicted of a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless he has received a pardon and the pardon does not restrict his right to bear arms , [has been specifically restored,] shall not own or have in his possession or under his custody or control any firearm.
2. As used in this section, firearm includes any firearm that is loaded or unloaded and operable or inoperable.
3. A person who violates the provisions of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
Sec. 5. NRS 202.365 is hereby repealed.
Sec. 6. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
________
Assembly Bill No. 423Assemblyman Sandoval (By Request)
CHAPTER 230
AN ACT relating to evidence; providing for the admissibility under certain circumstances of the testimony of a witness who previously has undergone hypnosis; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 48 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The testimony of a witness who previously has undergone hypnosis to recall events that are the subject matter of the testimony is admissible if:
κ1997 Statutes of Nevada, Page 829 (CHAPTER 230, AB 423)κ
(a) The witness, or the parent or guardian of the witness if he is a minor, gave informed consent to the hypnosis;
(b) The person who induced the hypnosis is:
(1) A provider of health care;
(2) A clinical social worker who is licensed pursuant to chapter 641B of NRS; or
(3) An officer or employee or former officer or employee of a law enforcement agency,
who is trained in forensic hypnosis and who is not otherwise currently involved in the investigation of a case or action in which the witness is a victim, witness or defendant;
(c) Before the hypnosis was induced, a written record was made that includes, without limitation:
(1) A description of the subject matter of the hypnosis as provided by the witness; and
(2) The information that was provided to the hypnotist concerning the subject matter of the hypnosis;
(d) The entire session at which the hypnosis was induced was electronically recorded by audio or video recording equipment, including, without limitation, any interview that was conducted before or after the hypnosis was induced;
(e) The recording of the entire session at which the hypnosis was induced was made available by the party who produced the witness to each party involved in the case, pursuant to the discovery procedures as provided in NRS 174.235 to 174.295, inclusive, the Nevada Rules of Civil Procedure or the Nevada Justices Courts Rules of Civil Procedure, depending upon the nature of the proceedings; and
(f) The hypnotist and the witness were the only persons present during the session of hypnosis unless the hypnotist or a law enforcement officer who is investigating the criminal case, if any, determined that it was necessary for one of the following persons to be present during the session:
(1) A parent or guardian of a witness who is a minor; or
(2) An artist employed by a law enforcement agency.
2. The court, on its own motion or that of a party, may exclude the testimony of a person who previously has undergone hypnosis to recall events which are the subject matter of the testimony if the court determines that such testimony is unreliable or is otherwise inadmissible.
3. The court shall instruct the jury to exercise caution when considering the reliability of the testimony of a person who previously has undergone hypnosis to recall events that are the subject matter of the testimony.
4. The provisions of this section do not limit:
(a) The ability of a party to attack the credibility of a witness who previously has undergone hypnosis to recall events that are the subject matter of his testimony; or
κ1997 Statutes of Nevada, Page 830 (CHAPTER 230, AB 423)κ
(b) The legal grounds upon which to admit or exclude the testimony of such a witness.
5. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031.
________
Assembly Bill No. 431Committee on Ways and Means
CHAPTER 231
AN ACT making a supplemental appropriation from the state highway fund to the Department of Motor Vehicles and Public Safety for postage charges that were incurred but underbilled during fiscal year 1996; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $292,994 for postage charges that were incurred but underbilled during fiscal year 1996. This appropriation is supplemental to that made by section 28 of chapter 446, Statutes of Nevada 1995, at page 1392.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Assembly Bill No. 438Committee on Judiciary
CHAPTER 232
AN ACT relating to juveniles; revising the provisions relating to the jurisdiction of juvenile courts; revising the provisions relating to the certification of certain juveniles for criminal proceedings as adults; providing for certain proceedings for certain juveniles who escape or attempt to escape from detention facilities; providing a penalty; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a child:
(a) Is committed to or otherwise is placed in a public or private facility for the detention or correctional care of juveniles, including, but not limited to, the Nevada youth training center, the Caliente youth center and all regional and local facilities for the detention of juveniles; and
(b) Escapes or attempts to escape from such a facility, the child shall be deemed to be a prisoner who has escaped or attempted to escape from lawful custody in violation of NRS 212.090, and proceedings may be brought against the child pursuant to the provisions of this section.
κ1997 Statutes of Nevada, Page 831 (CHAPTER 232, AB 438)κ
the child shall be deemed to be a prisoner who has escaped or attempted to escape from lawful custody in violation of NRS 212.090, and proceedings may be brought against the child pursuant to the provisions of this section.
2. Upon a motion by the district attorney and after a full investigation, the court may certify the child for criminal proceedings as an adult pursuant to subsection 1 of NRS 62.080 if the child was 14 years of age or older at the time of the escape or attempted escape and:
(a) The child was committed to or placed in the facility from which he escaped or attempted to escape because he had been charged with or had been adjudicated delinquent for an act that, if committed by an adult, would be a felony; or
(b) The child or another person aiding the child used a dangerous weapon to facilitate the escape or attempted escape.
3. If the child is certified for criminal proceedings as an adult pursuant to subsection 2, the court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the escape or attempted escape, regardless of the nature of the related offense.
4. If the child is not certified for criminal proceedings as an adult pursuant to subsection 2 or otherwise is not subject to the provisions of subsection 2, the escape or attempted escape shall be deemed to be a delinquent act, and proceedings may be brought against the child pursuant to the provisions of this chapter.
Sec. 2. NRS 62.020 is hereby amended to read as follows:
62.020 As used in this chapter, unless the context otherwise requires:
1. [Adult means a person 18 years of age or older, a person between the ages of 14 and 18 who has been certified as an adult, a person less than 18 years of age who has been convicted as an adult for murder, attempted murder, or any lesser offense included in either, or a person 16 years of age or older who is not subject to the jurisdiction of the juvenile court, who has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult and who is now charged with or has been convicted as an adult for:
(a) A sexual assault involving the use or threatened use of force or violence against the victim; or
(b) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense.
2. Child] Except as otherwise provided in this subsection, child means a person [less] who is:
(a) Less than 18 years of age ; or [a person less]
(b) Less than 21 years of age [who committed] and subject to the jurisdiction of the juvenile court for an act of delinquency [before reaching the age of 18 years, unless in either case he has been certified or sentenced as an adult.
3.] that was committed before the person reached 18 years of age.
The term does not include a person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62.040 or a person who is certified for criminal proceedings as an adult pursuant to NRS 62.080 or section 1 of this act.
κ1997 Statutes of Nevada, Page 832 (CHAPTER 232, AB 438)κ
2. Court means the juvenile division of the district court.
[4.] 3. Indian child has the meaning ascribed to it in 25 U.S.C. § 1903.
[5.] 4. Indian Child Welfare Act means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).
[6.] 5. Judge means the judge of the juvenile division of the district court.
[7.] 6. Juvenile court or juvenile division means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
[8.] 7. Minor traffic offense means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within this state other than:
(a) A violation of chapter 484 or 706 of NRS that causes the death of a person;
(b) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of NRS 484.379; or
(c) Any traffic offense declared to be a felony.
Sec. 3. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;
(2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or
(3) Deserts, abandons or runs away from his home or usual place of abode,
and is in need of care or rehabilitation. The child must not be considered a delinquent.
(b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada . [except:
(1) Murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder.
(2) If the child has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult and the child was 16 years of age or older at the time of the alleged offense:
(I) A sexual assault involving the use or threatened use of force or violence against the victim; or
(II) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense.]
κ1997 Statutes of Nevada, Page 833 (CHAPTER 232, AB 438)κ
(c) Concerning any child in need of commitment to an institution for the mentally retarded.
2. For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:
(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.
(b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and
(2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and
(2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(d) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.
3. If a child is charged with a minor traffic offense, the court may transfer the case and record to a justices or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:
(a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and
(b) The child must be accompanied at all proceedings by a parent or legal guardian.
With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.
Sec. 4. NRS 62.080 is hereby amended to read as follows:
62.080 1. Except as otherwise provided in subsection 2 [if a child 14 years of age or older] and section 1 of this act:
(a) If a child is charged with an offense [which] that would be a felony if committed by an adult [,] ; and
(b) The child was 14 years of age or older at the time he allegedly committed the offense,
the juvenile [division of the district] court, upon a motion by the district attorney and after a full investigation, may retain jurisdiction or certify the child for proper criminal proceedings to any court [which] that would have jurisdiction to try the offense if committed by an adult .
κ1997 Statutes of Nevada, Page 834 (CHAPTER 232, AB 438)κ
child for proper criminal proceedings to any court [which] that would have jurisdiction to try the offense if committed by an adult . [, but a child must not be so certified unless he was 14 years of age or older at the time he allegedly committed the offense charged.]
2. If a child [14 years of age or older is] :
(a) Is charged with:
(1) A sexual assault involving the use or threatened use of force or violence against the victim; or
[(b) Any offense]
(2) An offense or attempted offense involving the use or threatened use of a [deadly weapon or an attempt to commit such an offense,
and the] firearm; and
(b) The child was 14 years of age or older at the time he allegedly committed the offense , [charged,]
the juvenile [division of the district court, after] court, upon a motion by the district attorney and after a full investigation, shall certify the child for proper criminal proceedings to any court [which] that would have jurisdiction to try the offense if committed by an adult, unless the court specifically finds by clear and convincing evidence that the [child was not a principal actor in the offense or that exceptional circumstances exist because the] childs actions were substantially the result of his substance abuse or emotional or behavioral problems and such substance abuse or problems may be appropriately treated through the jurisdiction of the juvenile division.
3. [Except as otherwise provided in subsection 4, after such] If a child is certified for criminal proceedings as an adult pursuant to subsection 1 or 2, the court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.
4. If a child has been certified for [proper] criminal proceedings as an adult pursuant to subsection 1 or 2 and his case has been transferred out of the juvenile [division,] court, original jurisdiction of his person for that case [and any offense with which he is later charged] rests with the court [which would have jurisdiction of the offense if the offense were committed by an adult , and he may thereafter] to which the case has been transferred, and the child may petition for transfer of his case back to the juvenile [division] court only upon a showing of exceptional circumstances. If [a child is remanded to the juvenile division,] the childs case is transferred back to the juvenile court, the judge of that [division] court shall determine whether the exceptional circumstances warrant accepting jurisdiction.
[4. If a child is certified as an adult pursuant to subsection 1, original jurisdiction of his person for any offense with which he is later charged does not rest with the court which would have jurisdiction of the offense if the offense were committed by an adult if the case that was transferred out of the juvenile division is dismissed or he is found not guilty of those charges.]
Sec. 5. NRS 62.216 is hereby amended to read as follows:
62.216 1. A child adjudicated [under] pursuant to this chapter is not a criminal and any adjudication is not a conviction, and a child may be charged with a crime or convicted in any other court only as provided in NRS 62.080 [.]
κ1997 Statutes of Nevada, Page 835 (CHAPTER 232, AB 438)κ
charged with a crime or convicted in any other court only as provided in NRS 62.080 [.] and section 1 of this act.
2. An adjudication [under] pursuant to this chapter upon the status of a child does not impose any of the civil disabilities ordinarily resulting from conviction, and the disposition of a child or any evidence given in court must not be used to disqualify the child in any future application for or appointment to the civil service.
Sec. 6. NRS 62.060 is hereby repealed.
Sec. 7. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 8. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
________
Assembly Bill No. 439Assemblymen Sandoval, Anderson, Ohrenschall, Nolan, Herrera, Carpenter, Perkins, Segerblom, Berman, Collins, Koivisto, Gustavson, Chowning, Freeman, Hickey and Evans
CHAPTER 233
AN ACT relating to the protection of children; authorizing certain entities that protect children to obtain information concerning a person on parole or probation for certain purposes; authorizing the release of confidential data or information concerning the abuse or neglect of a child to the division of parole and probation of the department of motor vehicles and public safety under certain circumstances; requiring that the data or information be included in a presentence report to the district court; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An agency which provides protective services and the division of child and family services may request the division of parole and probation of the department of motor vehicles and public safety for information concerning a probationer or parolee that may assist the agency or the division of child and family services in carrying out the provisions of this chapter. The division of parole and probation shall provide such information upon request.
2. The agency which provides protective services or the division of child and family services may use the information obtained pursuant to subsection 1 only for the limited purpose of carrying out the provisions of this chapter.
Sec. 2. NRS 432B.290 is hereby amended to read as follows:
432B.290 1. Data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:
κ1997 Statutes of Nevada, Page 836 (CHAPTER 233, AB 439)κ
(a) A physician who has before him a child who he reasonably believes may have been abused or neglected;
(b) A person authorized to place a child in protective custody if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;
(c) An agency, including , without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the [childs welfare;] welfare of the child;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;
(e) Any court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but any information identifying the subjects of a report must not be made available to him;
(g) The [childs] guardian ad litem [;] of the child;
(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;
(j) A team organized for the protection of a child pursuant to NRS 432B.350;
(k) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;
(l) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;
(m) An agency which is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child; [or]
(n) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides protective services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect [.] ; or
(o) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court.
κ1997 Statutes of Nevada, Page 837 (CHAPTER 233, AB 439)κ
2. Any person, except for [the] :
(a) The subject of a report [or a] ;
(b) A district attorney or other law enforcement officer initiating legal proceedings [,] ; or
(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,
who is given access, pursuant to subsection 1, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.
3. The division of child and family services shall adopt regulations to carry out the provisions of this section.
Sec. 3. NRS 176.145 is hereby amended to read as follows:
176.145 1. The report of the presentence investigation must contain:
(a) Any prior criminal record of the defendant;
(b) Such information about his characteristics, his financial condition, the circumstances affecting his behavior and the circumstances of the offense, as may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;
(c) Information concerning the effect that the crime committed by the defendant has had upon the victim, including, but not limited to, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or division and the extent of the information to be included in the report is solely at the discretion of the division;
(d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;
(e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290;
(f) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if an evaluation is required pursuant to that section;
[(f)] (g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;
[(g)] (h) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176.2248; and
[(h)] (i) Such other information as may be required by the court.
2. The division may include in the report such additional information as it believes will be helpful in imposing a sentence, in granting probation or in correctional treatment.
Sec. 4. NRS 213.1075 is hereby amended to read as follows:
213.1075 Except as otherwise provided [in NRS 213.1085,] by specific statute, all information obtained in the discharge of official duty by a parole and probation officer or employee of the board is privileged and may not be disclosed directly or indirectly to anyone other than the board, the judge, district attorney or others entitled to receive such information, unless otherwise ordered by the board or judge or necessary to perform the duties of the division.
κ1997 Statutes of Nevada, Page 838 (CHAPTER 233, AB 439)κ
and probation officer or employee of the board is privileged and may not be disclosed directly or indirectly to anyone other than the board, the judge, district attorney or others entitled to receive such information, unless otherwise ordered by the board or judge or necessary to perform the duties of the division.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 443Committee on Transportation
CHAPTER 234
AN ACT relating to the department of motor vehicles and public safety; requiring that drivers licenses and identification cards issued by the department contain a unique number that is not based on the social security number of the licensee or cardholder; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.345 is hereby amended to read as follows:
483.345 1. [Except as otherwise provided in subsection 2, the] The number of any drivers license issued or renewed by the department on or after [October 1, 1989,] January 1, 1998, must be a unique number [formulated by using] that is not based on the social security number of the licensee . [as a basis for the number.
2. If the licensee does not have a social security number, the department shall assign a unique number.
3. The department shall:
(a) Upon request, convert the number of a license from the licensees social security number to a unique number based upon it; and]
2. If the number of a drivers license issued by the department is the licensees social security number or was formulated by using the licensees social security number as a basis for the number, the department shall, upon the request of the licensee:
(a) Convert the number of the license to a unique number that is not based on the licensees social security number; and
(b) Upon surrender of the outstanding license, issue a license [which] that contains the new number.
Sec. 2. NRS 483.410 is hereby amended to read as follows:
483.410 1. Except as otherwise provided in subsection 6, for every drivers license, including a motorcycle drivers license, issued and service performed the following fees must be charged:
A license issued to a person 65 years of age or older........................ $14
An original license issued to any other person.................................... 19
A renewal license issued to any other person..................................... 19 Reinstatement of a license after suspension, revocation or cancellation , except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385 .................................................................................. 40
κ1997 Statutes of Nevada, Page 839 (CHAPTER 234, AB 443)κ
Reinstatement of a license after suspension, revocation or cancellation , except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385....................................................................... 40
Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385................. 65
A new photograph, change of name, change of address or any combination .............................................................................................................. 5
A duplicate license................................................................................... 14
2. For every motorcycle endorsement to a drivers license a fee of $5 must be charged.
3. If no other change is requested or required, the department shall not charge a fee to convert the number of a license from the licensees social security number , or a number that was formulated by using the licensees social security number as a basis for the number, to a unique number that is not based [upon it.] on the licensees social security number.
4. The increase in fees authorized by NRS 483.347 and the fees charged pursuant to NRS 483.383 and 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.
5. A penalty of $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt pursuant to that section.
6. The department may not charge a fee for the reinstatement of a drivers license that has been:
(a) Voluntarily surrendered for medical reasons; or
(b) Canceled pursuant to NRS 483.310.
7. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
8. Except as otherwise provided in NRS 483.415, all money collected by the department pursuant to this chapter must be deposited in the state treasury for credit to the motor vehicle fund.
Sec. 3. NRS 483.840 is hereby amended to read as follows:
483.840 1. The form of the identification cards must be similar to that of drivers licenses but distinguishable in color or otherwise.
2. Identification cards do not authorize the operation of any motor vehicles.
3. Identification cards must include the following information concerning the holder:
(a) Name and sample signature of holder.
(b) [The] A unique identification number assigned to the holder that is not based on the holders [Social Security number, if any.] social security number.
(c) Personal description.
(d) Date of birth.
(e) Current address.
(f) A colored photograph of the holder in full face if he is 21 years of age or older, or a colored photograph in profile if he is under 21 years of age.
κ1997 Statutes of Nevada, Page 840 (CHAPTER 234, AB 443)κ
4. At the time of the issuance of the identification card, the department shall give the holder the opportunity to indicate on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body.
________
Senate Bill No. 170Committee on Finance
CHAPTER 235
AN ACT making an appropriation to the Department of Museums, Library and Arts to complete the automation of the department and upgrade certain obsolete equipment; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $166,971 to complete the automation of the department and to upgrade certain obsolete equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Senate Bill No. 171Committee on Finance
CHAPTER 236
AN ACT relating to state financial administration; making an appropriation and revising the reversion for certain previously appropriated money to restore the balance in the contingency fund; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 39 of chapter 446, Statutes of Nevada 1995, at page 1395, is hereby amended to read as follows:
Sec. 39. 1. Except as otherwise provided in [section] sections 45, 47 and 50 of this act, unencumbered balances of the appropriations made in this act for the fiscal years 1995-1996 and 1996-1997 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2 [,] and sections 45 and 47 of this act, unencumbered balances of these appropriations revert to the fund from which appropriated.
κ1997 Statutes of Nevada, Page 841 (CHAPTER 236, SB 171)κ
act, unencumbered balances of these appropriations revert to the fund from which appropriated.
2. Any encumbered balance of the appropriations made to the legislative fund by section 11 of this act does not revert to the state general fund but constitutes a balance carried forward.
Sec. 2. Section 45 of chapter 446, Statutes of Nevada 1995, at page 1395, is hereby amended to read as follows:
Sec. 45. 1. There is hereby appropriated from the state general fund to the contingency fund, created [pursuant to] by NRS 353.266, the sum of $5,777,746 to restore the funds balance to $8,000,000.
2. Any amount of the appropriation made by subsection 1 that is not committed for expenditure on or before June 30, 1997, does not revert to the state general fund but constitutes a balance carried forward.
Sec. 3. Section 47 of chapter 446, Statutes of Nevada 1995, at page 1395, is hereby amended to read as follows:
Sec. 47. 1. There is hereby appropriated from the state general fund to the contingency fund, created [pursuant to] by NRS 353.266, the sum of $8,000,000 to address unprojected increases in the inmate population of the department of prisons and unprojected increases in the caseload of the division of parole and probation of the department of motor vehicles and public safety.
2. Any amount of the appropriation made by subsection 1 that is not committed for expenditure on or before June 30, 1997, does not revert to the state general fund but constitutes a balance carried forward for unrestricted use pursuant to NRS 353.266, 353.268 and 353.269 and any other statute which authorizes the allocation of money from the contingency fund.
Sec. 4. There is hereby appropriated from the state general fund to the contingency fund, created by NRS 353.266, the sum of $241,301 to restore the balance in the fund to approximately $9,000,000.
Sec. 5. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 842κ
Senate Bill No. 228Committee on Finance
CHAPTER 237
AN ACT relating to retarded persons; authorizing assistance under certain circumstances for a parent or relative who cares for a severely mentally retarded person or a child under the age of 6 years with developmental delays; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 435.365 is hereby amended to read as follows:
435.365 1. Whenever a [profoundly mentally retarded] person with mental retardation is cared for by a parent or other relative with whom he lives, that parent or relative is [entitled] eligible to receive assistance on a monthly basis from the [mental hygiene and mental retardation] division for each such person who lives and is cared for in the home if the division finds that:
(a) The [profoundly mentally retarded] person with mental retardation has been diagnosed as having profound or severe mental retardation or, if he is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with profound or severe mental retardation;
(b) The person with mental retardation is receiving adequate care; and
[(b) Neither he nor]
(c) The person with mental retardation and the parent or other relative with whom he lives is not reasonably able to pay for his care and support.
The amount of such assistance [is] must be established by [law] legislative appropriation for each fiscal year.
2. The division shall adopt regulations:
(a) Which establish a procedure of application for assistance;
(b) For determining the eligibility of an applicant pursuant to subsection 1; and
(c) For determining the amount of assistance to be provided to an eligible applicant.
3. The decision of the division regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.
Sec. 2. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 843κ
Assembly Bill No. 500Committee on Natural Resources, Agriculture, and Mining
CHAPTER 238
AN ACT relating to state financial administration; authorizing the state board of sheep commissioners to enter into agreements for the administration of the sheep inspection account and the account for control of predatory animals by a county treasurer; changing the name of the accounts to allow distinction from county accounts for the same purposes; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 562 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board may enter into a cooperative agreement with a board of county commissioners for the administration of the state sheep inspection account. Upon execution of such an agreement the state controller shall transfer all money in the state sheep inspection account in the state general fund to the appropriate county treasurer for credit to the state sheep inspection account in the county treasury of the county that executed the agreement. The agreement must require the county treasurer to prepare an annual statement that includes an accounting of revenues and expenditures and the balance in the state sheep inspection account. The statement must cover the most recent fiscal year and must be submitted, within 90 days after the end of that fiscal year, to the county treasurer, the president of the board, the director of the department of administration, the state controller and the legislative auditor.
2. The agreement may include a provision for reimbursement of the county by the board of any reasonable costs of administering the account.
3. Upon termination of an agreement executed pursuant to subsection 1, the county treasurer shall transfer all money in the state sheep inspection account in the county treasury to the state sheep inspection account in the county treasury of another county that executed an agreement pursuant to subsection 1 or, if no such agreement has been executed, to the state controller for deposit in the state sheep inspection account in the state general fund.
Sec. 2. NRS 562.090 is hereby amended to read as follows:
562.090 1. Each member of the board is entitled to receive for his services $500 per year or a lesser amount if and as determined by a majority of the board.
2. Salaries and compensation must be paid from the state or county treasury in which the state sheep account is located in the same manner as the salaries of state or county officers.
Sec. 3. NRS 562.130 is hereby amended to read as follows:
562.130 The board may:
1. Employ a secretary and such inspectors and other employees as it may find necessary in carrying out the provisions of this chapter.
κ1997 Statutes of Nevada, Page 844 (CHAPTER 238, AB 500)κ
2. Prescribe the duties and fix the compensation and travel and subsistence expenses of its employees [.] and volunteers.
3. Require such bonds from its inspectors as the board sees fit.
4. Request the administrator of the division of agriculture of the department of business and industry to designate, pursuant to NRS 561.225, one or more employees of the division to issue sheep permits and act as sheep inspectors when the board and its inspectors are unable to do so.
Sec. 4. NRS 562.140 is hereby amended to read as follows:
562.140 1. Whenever the board deems it necessary, it may employ special attorneys to assist in the prosecution of violations or violators of any of the provisions of this chapter, and also may employ attorneys for such other purposes as the board deems necessary.
2. Such services must be paid for out of any money in the state sheep inspection account.
Sec. 5. NRS 562.170 is hereby amended to read as follows:
562.170 1. The rate of tax fixed by the board, as provided for in NRS 562.160, must not exceed the equivalent of 18 cents per head on all sheep.
2. The tax paid by an owner of sheep must be deposited in the state or county treasury in which the state sheep inspection account is located for credit to [the sheep inspection account, which is hereby created in the state general fund.] that account. The money in the state sheep inspection account must be made available and disbursed by the proper state or county officials upon request of the board for the purposes provided for in this chapter.
Sec. 6. NRS 562.200 is hereby amended to read as follows:
562.200 All contributions of money which the board is authorized to accept and which are made by any organization interested in the welfare of the sheep industry must be deposited by the board with the state or county treasurer [in the] who has custody of the state sheep inspection account [and] for credit to that account. The money in the account must be disbursed by the proper state or county officials when ordered by the board in accordance with the purposes for which each contribution was made.
Sec. 7. NRS 562.210 is hereby amended to read as follows:
562.210 1. The board may encourage, promote, advance and protect the sheep interests of the state [,] and may, directly or indirectly, by expenditure [,] or by payment or otherwise to any association formed for any such purposes or objects, pay annually, out of the state sheep inspection account, for any enumerated purposes, not to exceed the equivalent of 10 cents of the levy assessed pursuant to NRS 562.170.
2. The board is the sole and exclusive judge of the expenditures of all sums directly or by the payment to any association, club or other organization pursuant to this section.
Sec. 8. NRS 562.220 is hereby amended to read as follows:
562.220 The salaries, compensation and expenses provided for in this chapter must be paid out of the state sheep inspection account.
Sec. 9. NRS 562.230 is hereby amended to read as follows:
562.230 Whenever any inspector files in the office of the state controller or county treasurer who has custody of the state sheep account proper vouchers [,] or claims, duly approved by the board, setting forth:
1. The name of the inspector;
κ1997 Statutes of Nevada, Page 845 (CHAPTER 238, AB 500)κ
2. The kind and nature of service rendered;
3. The particular locality where the work was done;
4. The length of time employed;
5. The number of sheep inspected and the name of the owner or person in charge of [such] the sheep;
6. The disease or diseases treated, and the length of time of [such] the treatment; and
7. The amount claimed for [such] the services,
the state controller or county treasurer shall draw a warrant or check in favor of the inspector, payable out of the money in the state sheep inspection account.
Sec. 10. Chapter 567 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board may enter into a cooperative agreement with a board of county commissioners for the administration of the woolgrowers state account for control of predatory animals. Upon execution of such an agreement the state controller shall transfer all money in the woolgrowers state account for control of predatory animals in the state general fund to the appropriate county treasurer for credit to the woolgrowers state account for control of predatory animals in the county treasury of the county that executed the agreement. The agreement must require the county treasurer to prepare an annual statement that includes an accounting of revenues and expenditures and the balance in the woolgrowers state account for control of predatory animals. The statement must cover the most recent fiscal year and must be submitted, within 90 days after the end of that fiscal year, to the county treasurer, the president of the board, the director of the department of administration, the state controller and the legislative auditor.
2. The agreement may include a provision for reimbursement of the county by the board of any reasonable costs of administering the account.
3. Upon termination of an agreement executed pursuant to subsection 1, the county treasurer shall transfer all money in the woolgrowers state account for control of predatory animals in the county treasury to the woolgrowers state account for control of predatory animals in the county treasury of another county that executed an agreement pursuant to subsection 1 or, if no such agreement has been executed, to the state controller for deposit in the woolgrowers state account for control of predatory animals in the state general fund.
Sec. 11. NRS 567.060 is hereby amended to read as follows:
567.060 1. The office of the committee must be located in the office of the state board of sheep commissioners.
2. Such miscellaneous administrative expenses as are necessary for the conduct of the committees affairs, aside from travel and subsistence expenses of the members and the secretary, such as stationery and postage, must be paid from and are a proper charge against the state sheep inspection account of the state board of sheep commissioners.
Sec. 12. NRS 567.100 is hereby amended to read as follows:
567.100 As used in NRS 567.100 to 567.170, inclusive [:] , and section 10 of this act:
1. Board means the state board of sheep commissioners.
κ1997 Statutes of Nevada, Page 846 (CHAPTER 238, AB 500)κ
2. Committee means the committee to control predatory animals of the state board of sheep commissioners.
Sec. 13. NRS 567.120 is hereby amended to read as follows:
567.120 As collected, the money derived from the special levy authorized by NRS 567.110 must be deposited by the proper county officer in the state or county treasury in which the woolgrowers state account for control of predatory animals is located for credit to [the account for control of predatory animals which is hereby created in the state general fund,] that account, subject only to the orders of the board.
Sec. 14. NRS 567.130 is hereby amended to read as follows:
567.130 1. The board, acting as the committee, may:
(a) Enter into cooperative agreements with the United States Department of Agriculture in its program of predatory animal control.
(b) Contribute money to aid the program from the woolgrowers state account for control of predatory animals in accordance with the terms of the cooperative agreements and within the limitations of the woolgrowers state account for control of predatory animals.
2. The board may withdraw money from the woolgrowers state account for control of predatory animals for this purpose only and the money withdrawn must be made available from the account by the proper authorities of the state or county in the amounts and for the purposes for which the money is withdrawn.
Sec. 15. NRS 567.150 is hereby amended to read as follows:
567.150 Any money from the sale of furs received by the board from the United States Department of Agriculture or any other contributions which are received by the board for aiding in control of predatory animals must be deposited by the board in the state or county treasury [for credit to the] in which the woolgrowers state account for [the] control of predatory animals is located, for credit to that account, and may only be expended in accordance with the provisions of NRS 567.100 to 567.170, inclusive [.] , and section 10 of this act.
Sec. 16. NRS 567.170 is hereby amended to read as follows:
567.170 Administrative expenses necessary on the part of the board in carrying out the provisions of NRS 567.100 to 567.170, inclusive, and section 10 of this act are a proper charge against and payable from the state sheep inspection account.
Sec. 17. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 847κ
Senate Bill No. 230Committee on Finance
CHAPTER 239
AN ACT relating to the real estate division of the department of business and industry; revising provisions governing the deposit and use of certain examination fees received by the division; making an appropriation; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645.140 is hereby amended to read as follows:
645.140 1. Except as otherwise provided in this section, all fees, penalties and charges received by the division pursuant to NRS 645.410, 645.660 and 645.830 must be deposited with the state treasurer for credit to the state general fund. The fees received by the division [from] :
(a) From the sale of publications , must be retained by the division to pay the costs of printing and distributing publications . [, and any]
(b) For examinations, must be retained by the division to pay the costs of the administration of examinations.
Any surplus of the fees retained by the division must be deposited with the state treasurer for credit to the state general fund.
2. Money for the support of the division must be provided by direct legislative appropriation, and be paid out on claims as other claims against the state are paid.
[2.] 3. Each member of the commission is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the commission, while engaged in the business of the commission; and
(b) A per diem allowance and travel expenses at a rate fixed by the commission, while engaged in the business of the commission. The rate must not exceed the rate provided for state officers and employees generally.
[3.] 4. While engaged in the business of the commission, each employee of the commission is entitled to receive a per diem allowance and travel expenses at a rate fixed by the commission. The rate must not exceed the rate provided for state officers and employees generally.
Sec. 2. NRS 645C.240 is hereby amended to read as follows:
645C.240 1. Except as otherwise provided in subsections 2 and 3, all fees, penalties and other charges received by the division pursuant to this chapter must be deposited with the state treasurer for credit to the state general fund.
2. Fees received [from] by the division:
(a) From the sale of publications , must be retained by the division to pay the costs of printing and distributing publications.
(b) For examinations, must be retained by the division to pay the costs of the administration of examinations.
Any surplus of the fees retained by the division must be deposited with the state treasurer for credit to the state general fund.
κ1997 Statutes of Nevada, Page 848 (CHAPTER 239, SB 230)κ
3. The portion of the fees collected by the division pursuant to NRS 645C.450 for the issuance or renewal of a certificate or license as a residential appraiser or the issuance or renewal of a certificate as a general appraiser which is used for payment of the registry fee to the Financial Institutions Examination Council pursuant to 12 U.S.C. § 3338, must be retained by the division for payment to the Financial Institutions Examination Council.
4. Money for the support of the division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the state are paid.
Sec. 3. 1. There is hereby appropriated from the state general fund to the real estate division of the department of business and industry the sum of $13,607 for costs related to the administration of examinations.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. 1. This section and section 3 of this act become effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
2. Sections 1 and 2 of this act become effective on July 1, 1997.
________
Senate Bill No. 205Committee on Human Resources and Facilities
CHAPTER 240
AN ACT relating to child abuse; revising the definition of child abuse for the purposes of the provisions governing abuse and neglect of children and protection of children; allowing an alleged child abuser to have access to certain information concerning an investigation of child abuse in certain circumstances; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.090 is hereby amended to read as follows:
432B.090 Physical injury [means:] includes, without limitation:
1. A sprain or dislocation;
2. Damage to cartilage;
3. A fracture of a bone or the skull;
4. An intracranial hemorrhage or injury to another internal organ;
5. A burn or scalding;
6. A cut, laceration, puncture or bite;
7. Permanent or temporary disfigurement; or
[2. Impairment of any bodily function or organ]
8. Permanent or temporary loss or impairment of a part or organ of the body.
κ1997 Statutes of Nevada, Page 849 (CHAPTER 240, SB 205)κ
Sec. 2. NRS 432B.290 is hereby amended to read as follows:
432B.290 1. [Data] Except as otherwise provided in subsection 2, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:
(a) A physician who has before him a child who he reasonably believes may have been abused or neglected;
(b) A person authorized to place a child in protective custody , if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;
(c) An agency, including an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the childs welfare;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;
(e) [Any] A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but [any] information identifying the subjects of a report must not be made available to him;
(g) The childs guardian ad litem;
(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;
(j) A team organized for the protection of a child pursuant to NRS 432B.350;
(k) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;
(l) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;
(m) An agency [which] that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child; or
(n) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency [which] that provides protective services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect.
κ1997 Statutes of Nevada, Page 850 (CHAPTER 240, SB 205)κ
2. [Any] An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.
3. A person, except for the subject of a report or a district attorney or other law enforcement officer initiating legal proceedings, who is given access, pursuant to subsection 1, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.
[3.] 4. The division of child and family services shall adopt regulations to carry out the provisions of this section.
Sec. 3. NRS 200.508 is hereby amended to read as follows:
200.508 1. A person who:
(a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect; or
(b) Is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.
2. A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
3. As used in this section:
(a) Abuse or neglect means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070, [432B.090,] 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the childs health or welfare is harmed or threatened with harm.
(b) Allow means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
κ1997 Statutes of Nevada, Page 851 (CHAPTER 240, SB 205)κ
(c) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
(d) Physical injury means:
(1) Permanent or temporary disfigurement; or
(2) Impairment of any bodily function or organ of the body.
(e) Substantial mental harm means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his normal range of performance or behavior.
Sec. 4. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 5. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
________
Senate Bill No. 217Committee on Finance
CHAPTER 241
AN ACT making an appropriation to the Department of Museums, Library and Arts for the processing and indexing of archival records by the Division of State Library and Archives; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $390,742 for the processing and indexing of archival records by the Division of State Library and Archives.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 852κ
Assembly Bill No. 444Committee on Transportation
CHAPTER 242
AN ACT relating to taxicabs; revising the maximum allowable mileage on a vehicle that is acquired for use as a taxicab; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.8834 is hereby amended to read as follows:
706.8834 1. A certificate holder shall not permit a vehicle to be used as a taxicab if it has been in operation as a taxicab for more than 4 model years or 52 months, whichever period is longer.
2. Any vehicle which a certificate holder acquires for use as a taxicab must:
(a) Be new; or
(b) Register not more than [20,000] 30,000 miles on the odometer.
________
Senate Bill No. 72Committee on Finance
CHAPTER 243
AN ACT making an appropriation to the legislative fund for additional equipment and software for information systems for the Legislative Counsel Bureau; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $1,220,290 for additional equipment and software for information systems for the Legislative Counsel Bureau.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 853κ
Assembly Bill No. 660Committee on Ways and Means
CHAPTER 244
AN ACT relating to making appropriations from the state general fund and the state highway fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999; providing for the use of the money so appropriated; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following sums are hereby appropriated from the state general fund for the purposes expressed in sections 2 to 26, inclusive, of this act and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999.
1997-1998 1998-1999
Sec. 2. The Office and Mansion of the Governor.
For the support of the:
Office of the Governor..................................... $1,647,897 $1,633,431
Governors mansion......................................... $238,409 $270,491
Agency for nuclear projects............................ $50,000 $50,000
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of the lieutenant Governor $316,509.............................. $331,431
Sec. 4. The Office of Attorney General.
For the support of the:
Office of the attorney general........................ $8,806,003 $8,988,824
Special litigation account................................ $116,412 $116,412
Medicaid fraud unit.......................................... $91,043 $90,269
Crime prevention program.............................. $224,986 $223,046
Office of the extradition coordinator............ $775,619 $778,116
Consumer Advocate........................................ $749,760 $769,258
Sec. 5. The Office of Secretary of State.
For the support of the:
Office of the secretary of state....................... $3,598,368 $3,609,055
Sec. 6. The Office of State Treasurer.
For the support of the:
Office of the state treasurer............................ $697,625 $687,288
Post secondary education expense board.... $266,315 $1,113,067
κ1997 Statutes of Nevada, Page 854 (CHAPTER 244, AB 660)κ
Sec. 7. The Office of State Controller.
For the support of the office of the state controller $2,047,003........................ $2,016,154
Sec. 8. Department of Administration.
For the support of the:
Budget and planning........................................ $1,944,346 $2,385,130
Management, training and controls.............. $252,948 $249,624
Clear Creek youth center................................. $108,239 $94,077
State public works board................................. $753,490 $737,507
Merit award board............................................ $5,000 $5,000
Sec. 9. Department of Taxation.
For the support of the:
Department of taxation................................... $10,565,876 $10,900,455
Senior citizens property tax assistance........ $2,866,784 $3,162,916
Sec. 10. Legislative Fund.
For the support of the:
Legislative commission.................................... $469,440 $342,224
Audit division..................................................... $2,067,803 $2,077,980
Administrative division.................................... $5,367,791 $5,309,882
Legal division..................................................... $3,158,087 $3,953,756
Research division.............................................. $1,918,290 $1,805,816
Fiscal analysis division..................................... $1,596,600 $1,617,701
Interim legislative operations.......................... $353,898 $311,901
Sec. 11. Supreme Court of Nevada.
For the support of the:
Supreme court of Nevada............................... $2,867,695 $3,118,940
Law library......................................................... $972,319 $987,110
Commission on judicial selection.................. $11,408 $6,117
Division of planning and analysis.................. $74,850 $81,534
Judicial ethics committee................................ $31,668 $28,283
Sec. 12. Commission on Judicial Discipline.
For the support of the commission on judicial discipline $319,964.............................. $323,718
Sec. 13. District Judges Salaries and Judicial Pensions.
For the support of the district judges salaries and pensions of justices, judges and widows...................... $6,878,125 $7,187,513
Sec. 14. Commission on Economic Development.
For the support of:
Economic development................................... $3,184,419 $3,187,247
Rural community development..................... $77,335 $82,358
Procurement outreach program..................... $138,541 $117,576
κ1997 Statutes of Nevada, Page 855 (CHAPTER 244, AB 660)κ
Sec. 15. State Department of Education.
For the support of:
Education, state programs.............................. $2,565,687 $2,919,046
Occupational education.................................. $371,128 $371,128
Teacher education and licensing.................... $241,391 $212,604
Nutrition education........................................... $237,114 $239,201
Continuing education....................................... $478,056 $479,043
Education of handicapped children.............. $1,112,836 $1,441,807
Proficiency testing............................................. $829,577 $845,119
School improvement programs...................... $5,146,977 $4,677,248
Other state education programs..................... $132,527 $132,607
Commission on postsecondary education... $235,399 $245,093
Sec. 16. University and Community College System of Nevada.
For the support of:
System administration..................................... $2,317,277 $2,307,768
Science, engineering and technology office. $99,048 $84,032
University press................................................. $604,914 $574,358
Statewide programs — UNR............................. $4,395,452 $4,480,140
Intercollegiate athletics — UNR....................... $1,313,674 $1,341,308
Statewide programs — UNLV.......................... $609,855 $621,455
Intercollegiate athletics — UNLV.................... $1,360,833 $1,389,616
Agricultural experiment station...................... $5,422,159 $5,547,750
Cooperative extension services...................... $4,704,393 $4,846,205
System computing center................................ $13,563,483 $10,443,830
UNLV law school.............................................. $1,160,000 $2,448,000
Desert research institute................................... $2,958,821 $2,430,807
National direct student loan............................ $46,369 $46,369
University of Nevada, Reno........................... $74,032,876 $69,776,174
School of medical sciences............................. $14,315,564 $14,613,650
Bureau of laboratory and research............... $1,158,014 $1,190,298
University of Nevada, Las Vegas.................. $79,097,825 $76,596,377
Community college of Southern Nevada..... $37,446,958 $37,619,255
Western Nevada community college............ $10,852,163 $10,705,824
Truckee Meadows community college......... $18,448,656 $17,821,543
Great basin college............................................ $6,895,624 $6,644,505
Business center, north...................................... $1,517,563 $1,568,821
Business center, south...................................... $1,297,356 $1,355,880
University systemSpecial projects............... $541,654 $541,654
κ1997 Statutes of Nevada, Page 856 (CHAPTER 244, AB 660)κ
Sec. 17. Western Interstate Commission for Higher Education.
For the administrative support of Nevadas membership in the Western Interstate Commission for Higher Education $229,921........................ $233,460
For the support of the Western Interstate Commission for Higher Education Loan Fund................... $488,200 $667,266
Sec. 18. Department of Museums, Library and Arts.
For the support of the:
Museums, library and arts administration... $176,548 $183,781
Museums and history....................................... $197,187 $200,792
Nevada historical society................................ $508,192 $529,446
Nevada state museum, Carson City............. $999,317 $958,181
Nevada museum, Las Vegas.......................... $709,750 $738,110
Lost City museum............................................ $213,816 $215,743
Nevada railroad museum................................ $300,539 $273,524
Nevada council on the arts............................. $1,137,042 $1,162,061
Nevada state library......................................... $2,409,955 $2,488,212
Nevada state library — Literacy...................... $96,529 $99,555
Archives and records........................................ $433,619 $441,588
Historic preservation and archeology........... $162,144 $166,939
Comstock historic district................................ $84,028 $80,958
Sec. 19. Department of Human Resources.
For the support of the:
Office of the director of human resources... $1,974,448 $1,980,891
Family to family connection.......................... $2,511,289 $5,596,055
Indian affairs commission.............................. $115,920 $109,665
Office of the state public defender................ $755,509 $751,507
Health care financing and policy division:
Nevada Medicaid....................................... $172,788,209 $191,911,969
Health care financing and policy............ $556,856 $507,510
Division of aging services:
Aging services division............................... $2,206,479 $2,357,105
Senior services program............................. $384,891 $384,891
Child and family services division:
Probation subsidies..................................... $871,930 $870,680
Unity/SACWIS............................................ $2,938,101 $2,157,752
Child and family administration............. $3,496,146 $3,657,339
Child care services bureau........................ $326,808 $375,364
κ1997 Statutes of Nevada, Page 857 (CHAPTER 244, AB 660)κ
Nevada youth training center................... $5,069,219 $4,917,681
Caliente youth center................................. $3,724,754 $3,744,417
Youth community services....................... $18,594,641 $19,592,012
Youth alternative placement.................... $1,273,136 $1,844,803
Youth corrections services........................ $3,229,555 $3,238,127
Northern Nevada child and adolescent services $1,912,170................. $1,852,124
Southern Nevada child and adolescent services $5,710,594................. $6,156,926
Chapter I — Special education.................. $1,164,310 $1,285,013
Southern Nevada childrens home.......... $214,405 $0
Health division:
Office of state health officer.................... $344,074 $346,267
Vital statistics.............................................. $464,218 $473,070
Cancer control registry............................... $8,069 $4,895
Maternal child health services.................. $1,963,501 $2,005,174
Special childrens clinic.............................. $3,653,343 $3,625,974
Community health services...................... $237,030 $251,806
Consumer protection................................. $699,643 $741,805
Radiological health.................................... $186,622 $193,615
Sexually transmitted disease control...... $1,478,443 $1,485,328
Communicable disease control................ $839,137 $845,156
Emergency medical services..................... $747,892 $680,628
Immunization program............................. $1,393,412 $1,521,167
Health aid to counties................................ $757,795 $794,977
Mental hygiene and mental retardation division:
Division administration............................. $1,531,431 $1,533,358
Mental health information system.......... $305,004 $300,526
Southern Nevada adult mental health services $20,035,384............. $21,575,691
Nevada mental health institute................ $11,780,936 $12,547,386
Facility for the mental offender............... $3,366,362 $3,943,650
Rural clinics................................................. $4,462,496 $4,813,947
Southern Nevada mental retardation services $10,776,191............. $12,080,355
Northern Nevada mental retardation services $7,034,296................. $7,494,670
Rural Nevada retardation services.......... $1,465,969 $1,629,321
Family preservation program................... $614,429 $655,120
Welfare division:
Welfare administration.............................. $10,642,710 $10,271,721
Welfare field services................................. $14,209,023 $14,809,440
Assistance to aged and blind.................... $4,916,896 $5,197,813
κ1997 Statutes of Nevada, Page 858 (CHAPTER 244, AB 660)κ
Aid to families with dependent children. $17,212,427 $14,275,964
Employment and training program......... $9,030,896 $10,034,245
Sec. 20. Office of the Military.
For the support of the:
Nevada National Guard.................................. $1,530,898 $1,503,539
National Guard benefits.................................. $100,000 $100,000
Sec. 21. Department of Prisons.
For the support of the:
Office of director............................................... $7,536,404 $6,104,442
Medical care...................................................... $27,938,984 $28,979,887
Southern Nevada correctional center............ $8,017,800 $8,171,453
Southern desert correctional center............... $13,734,072 $14,031,088
Nevada state prison.......................................... $11,662,618 $11,874,752
Northern Nevada correctional center............ $12,679,555 $12,574,547
Nevada womens correctional center............ $4,304,707 $5,385,110
Ely maximum security prison......................... $16,736,502 $17,170,474
Lovelock correctional center.......................... $12,578,699 $13,630,849
Southern Nevada womens private prison... $7,335,950 $9,408,609
Stewart conservation camp............................ $1,007,965 $1,040,771
Ely conservation camp.................................... $826,714 $838,021
Humboldt conservation camp....................... $816,888 $822,921
Indian Springs conservation camp................ $1,429,243 $1,448,775
Jean conservation camp.................................. $717,866 $844,701
Pioche conservation camp.............................. $1,080,059 $1,103,968
Carlin conservation camp............................... $855,011 $833,387
Wells conservation camp................................ $830,749 $840,138
Silver Springs conservation camp.................. $776,586 $800,332
Tonopah conservation camp......................... $828,795 $838,622
Southern Nevada restitution center............... $354,976 $367,501
Northern Nevada restitution center............... $222,451 $220,082
Prison number seven........................................ $76,416 $220,828
Sec. 22. Department of Business and Industry.
For the support of the:
Business and industry administration........... $323,425 $332,031
Committee to hire the handicapped.............. $213,598 $214,628
Financial institutions division......................... $1,241,949 $1,258,527
Consumer affairs division............................... $1,122,976 $1,011,332
Mentally ill individuals program.................... $62,373 $62,373
Real estate administration.............................. $1,375,711 $1,277,625
Unclaimed property program......................... $126,643 $128,086
κ1997 Statutes of Nevada, Page 859 (CHAPTER 244, AB 660)κ
Division of insurance........................................ $1,749,243 $1,984,742
Employee-management relations board...... $129,164 $125,909
Labor commissioner......................................... $1,120,547 $967,797
Nevada athletic commission.......................... $269,205 $263,364
Plant industry fund........................................... $1,578,054 $1,490,675
Veterinary medical services............................ $638,140 $626,663
Junior livestock show board............................ $41,846 $35,307
Predatory animal and rodent committee..... $572,109 $574,978
High school rodeo association........................ $20,000 $20,000
Sec. 23. State Department of Conservation and Natural Resources.
For the support of the:
Natural resources administration................... $929,136 $939,777
Division of state parks..................................... $4,346,121 $3,444,237
Nevada natural heritage.................................. $109,451 $115,326
Division of forestry........................................... $2,429,451 $2,339,897
Forest fire suppression/emergency response $1,000,000 $1,000,000
Forestry honor camps...................................... $5,593,333 $5,727,974
Water and mining............................................. $327,321 $327,321
State environmental commission.................. $1,845 $1,230
Division of water resources............................. $3,461,436 $3,408,678
Division of water planning.............................. $455,082 $485,321
Division of state lands...................................... $835,735 $765,895
Division of conservation districts................... $151,638 $155,968
Tahoe regional planning agency.................... $802,333 $900,004
Nevada Tahoe regional planning agency..... $1,340 $1,110
Division of wildlife............................................ $997,960 $996,909
Sec. 24. Department of Employment, Training and Rehabilitation.
For the support of:
Nevada equal rights commission................... $821,746 $744,008
Vocational rehabilitation................................. $1,922,978 $1,924,055
Social security administration/vocational rehabilitation $58,761................................... $56,970
Services to the blind.......................................... $557,145 $556,884
Alcohol and drug abuse rehabilitation.......... $3,286,708 $3,232,446
Community based services............................. $2,059,509 $2,039,351
Developmental disabilities.............................. $152,305 $164,982
Sec. 25. Department of Motor Vehicles and Public Safety.
For the support of the:
Directors office................................................. $52,870 $52,843
Field services...................................................... $23,824 $26,956
κ1997 Statutes of Nevada, Page 860 (CHAPTER 244, AB 660)κ
Motor vehicles administration........................ $116,273 $118,424
DMV justice assistance grant......................... $47,852 $48,129
Highway patrol (dignitary protection)........... $236,661 $50,511
Dignitary protection.......................................... $613,394 $602,791
Investigation division....................................... $4,397,276 $4,319,084
Nevada commissioner for veterans affairs.. $661,990 $681,120
Division of emergency management............ $250,195 $252,848
Emergency management federal................... $5,482 $5,482
Parole board....................................................... $853,422 $811,856
Division of parole and probation................... $19,755,566 $20,591,320
State fire marshal.............................................. $260,056 $206,007
Drug commission.............................................. $45,550 $45,822
Sec. 26. Ethics Commission.
For the support of the ethics commission........... $173,663 $166,114
Sec. 27. The following sums are hereby appropriated from the state highway fund for the purposes expressed in this section for the fiscal years beginning July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999:
Department of taxation......................................... $724,952 $693,973
Department of motor vehicles and public safety:
Directors office................................................. $1,803,874 $1,694,947
Highway patrol.................................................. $36,583,202 $37,052,633
Administrative services.................................... $8,146,754 $8,574,766
Hearings office.................................................. $620,545 $621,717
Automation........................................................ $4,589,126 $3,630,500
Field services...................................................... $7,261,347 $7,625,031
Project genesis................................................... $688,111 $1,347,403
Drivers license................................................... $2,176,153 $2,233,039
Motor carrier...................................................... $1,914,026 $1,918,520
Registration division......................................... $4,691,764 $4,628,481
Hazardous materials........................................ $1,108,971 $1,135,325
Office of traffic safety..................................... $85,164 $78,675
Division of investigations................................ $219,883 $171,135
Public service commission..................................... $1,241,189 $1,148,258
Sec. 28. The following sums are hereby appropriated from the wildlife account in the state general fund for the purpose expressed in this section for the fiscal years beginning July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999.
For the support of the state predatory animal and rodent committee.................................................... $20,000 $20,000
Sec. 29. 1. Except as otherwise provided in subsection 3, the sums appropriated in this act must be:
κ1997 Statutes of Nevada, Page 861 (CHAPTER 244, AB 660)κ
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the 2 separate fiscal years, 1997-1998 and 1998-1999, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration and in accordance with the provisions of the State Budget Act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 30. The sums appropriated to:
1. Senior citizens property tax assistance;
2. Education of handicapped children;
3. Forest fire suppression/emergency response;
4. National guard benefits;
5. Communicable disease control;
6. Maternal child health services;
7. Welfare administration;
8. Welfare field services;
9. Aid to families with dependent children;
10. Assistance to aged and blind;
11. Nevada Medicaid;
12. Employment and training program;
13. Youth community services;
14. Pensions of justices, judges and widows; and
15. Attorney generals special litigation account,
are available for both fiscal years 1997-1998 and 1998-1999, and may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the Governor. The money appropriated for the support of pensions of justices, judges and widows is available in both fiscal years 1997-1998 and 1998-1999, and may be transferred from one fiscal year to the other with the approval of the interim finance committee.
Sec. 31. 1. The sums appropriated to the legislative fund by section 10 of this act for the support of the legislative commission, the various divisions of the legislative counsel bureau and legislative interim operations are available for both fiscal years 1997-1998 and 1998-1999, and may be transferred among the legislative commission, the various divisions of the legislative counsel bureau and the legislative interim operations and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.
κ1997 Statutes of Nevada, Page 862 (CHAPTER 244, AB 660)κ
2. The sums appropriated for the support of salaries and payroll costs must be applied pursuant to the budget approved by the legislature notwithstanding the provisions of NRS 281.123.
Sec. 32. The total amounts appropriated in section 19 of this act to each of the accounts of the health care financing and policy division and the welfare division enumerated in section 30 of this act, except for the amounts appropriated for the assistance to the aged and blind program, the Welfare administration account, Welfare field services account and except as otherwise provided in this section, are limits. The divisions shall not request additional money for these programs, except for:
1. Increased state costs in the event that federal financial participation rates are reduced from those in effect on July 1, 1997;
2. Costs related to additional services mandated by the Federal Government on or after October 1, 1997, and not specifically funded in the Nevada Medicaid account in fiscal years 1997-1998 and 1998-1999; or
3. An amount not to exceed $565,000 in the aid to families with dependent children budget for unanticipated costs associated with caseload growth and/or to implement requirements of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
Sec. 33. The sums appropriated to the welfare division by section 19 of this act may be transferred among the various budget accounts of the welfare division with the approval of the interim finance committee upon the recommendation of the Governor.
Sec. 34. Pursuant to Senate Bill No. 427 of this session, the director of the Department of Human Resources may request approval of the Interim Finance Committee to transfer from the Nevada Medicaid budget, the appropriation approved for the elder protective services for FY 1997-98 and FY 1998-99, to a division or divisions within the department designated to administer the program. The amount of the appropriation eligible for transfer shall be limited to the personnel costs and operational costs of the elder protective services program as specifically identified in the Medicaid budget as recommended by the Governor and approved by the 1997 legislature.
Sec. 35. The sums appropriated to the Department of Prisons by section 21 of this act may be transferred among the various budget accounts of the Department of Prisons with the approval of the interim finance committee upon the recommendation of the Governor.
Sec. 36. 1. The sums appropriated to the Department of Motor Vehicles and Public Safety by section 25 of this act for the support of payment to the public safety information services section may be transferred among the various budget accounts of the Department of Motor Vehicles and Public Safety, as enumerated in section 25 of this act, for the support of payment to the public safety information services section with the approval of the interim finance committee upon the recommendation of the Governor. The amount transferred between accounts is limited to the total amount appropriated for payments to the public safety information services section.
2. The sums appropriated to the Department of Motor Vehicles and Public Safety by section 27 of this act for the support of payment to the public safety information services section may be transferred among the various budget accounts of the Department of Motor Vehicles and Public Safety, as enumerated in section 27 of this act, for the support of payment to the public safety information services section with the approval of the interim finance committee upon the recommendation of the Governor.
κ1997 Statutes of Nevada, Page 863 (CHAPTER 244, AB 660)κ
various budget accounts of the Department of Motor Vehicles and Public Safety, as enumerated in section 27 of this act, for the support of payment to the public safety information services section with the approval of the interim finance committee upon the recommendation of the Governor. The amount transferred between accounts is limited to the total amount appropriated for payments to the public safety information services section.
3. The sums appropriated in section 27 of this act to the registration division, drivers license division and the motor carrier account may be transferred, upon the recommendation of the Governor and the approval of the interim finance committee, to the field services account to fund staffing required to implement the recommendations of the business process re-engineering report dated May 16, 1996, and the preliminary organizational structure dated April 16, 1997.
Sec. 37. The sums appropriated to any division, agency or section of any department of state government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the interim finance committee upon the recommendation of the Governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings, and such transfers are also limited only to those activities which are supported by state general fund or highway fund appropriations.
Sec. 38. In addition to the requirements of NRS 353.225, for the fiscal years 1997-1998 and 1998-1999, the board of regents of the University of Nevada shall comply with any request by the Governor to set aside from the appropriations made by this act in any specified amount.
Sec. 39. There is hereby appropriated $67,570 from the state general fund to the public employees retirement board to be expended for the administration of the legislators retirement system for the period July 1, 1997, through June 30, 1999.
Sec. 40. 1. Except as otherwise provided in section 51 of this act, unencumbered balances of the appropriations made in this act for the fiscal years 1997-1998 and 1998-1999 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2, unencumbered balances of these appropriations revert to the fund from which appropriated.
2. Any encumbered balance of the appropriations made to the legislative fund by section 10 of this act does not revert to the state general fund but constitutes a balance carried forward.
Sec. 41. If any claims which are payable and properly approved exceed the amount available in the Department of Prisons warehouse account, the state controller may temporarily transfer, upon the recommendation of the director of the Department of administration, from the appropriations made in section 21 of this act for the Department of Prisons such amount as may be required to pay the claims but not exceeding a total of $4,000,000.
Sec. 42. The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of state agencies until the last Friday of the August immediately following the end of each fiscal year.
κ1997 Statutes of Nevada, Page 864 (CHAPTER 244, AB 660)κ
Sec. 43. The state controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the legislature, and the amounts so transferred shall be deemed appropriated.
Sec. 44. There is hereby appropriated from the state general fund to the legislative fund, created pursuant to NRS 218.085, the sum of $1,300,000.
Sec. 45. 1. There is hereby appropriated from the state general fund to the state printing division of the Department of administration, the sum of $450,000 for the purchase of a printing press.
2. Commencing on June 30, 1999, the state printing division of the Department of administration shall repay in annual installments to the state treasurer for deposit to the state general fund an amount equal to ten percent of the total cost of the printing press funded in subsection 1 with simple interest of six percent.
Sec. 46. 1. If the director of the state department of conservation and natural resources determines that, because of delays in the receipt of revenue for services billed to the Federal Government, local governments and other state governments, the amount of current claims for expenses incurred in the suppression of fire or response to emergencies exceeds the amount of money available to pay such claims within 30 days, he may request from the director of the Department of administration a temporary advance from the state general fund to pay authorized expenses.
2. The director of the Department of administration shall notify the state controller and the fiscal analysis division of the legislative counsel bureau if he approves a request made pursuant to subsection 1. The state controller shall draw his warrant upon receipt of such notification.
3. An advance from the state general fund:
(a) May be approved by the director of the Department of administration only for expenses incurred in the suppression of fires or response to emergencies charged to the budget account for forest fire suppression/emergency response of the division of forestry of the state department of conservation and natural resources. Before approving the advance, the director shall verify that billings for reimbursement have been sent to the agencies of the Federal Government, local governments or other state governments responsible for reimbursing the division of forestry for costs incurred in fire suppression or emergency response activities.
(b) Is limited to the total due from outstanding billings for reimbursable expenses incurred in the suppression of fires or response to emergencies as approved for payment to the state by agencies of the Federal Government, local governments, and other state governments.
4. Any money which is temporarily advanced from the state general fund to the budget account for forest fire suppression/emergency response pursuant to this section must be repaid on or before the last Friday in August immediately following the end of the fiscal year.
Sec. 47. 1. If the Governor orders the Nevada National Guard into active duty as described in NRS 412.122 for an emergency as described in NRS 353.263 and the adjutant general of the Nevada National Guard determines expenditures will be required, then he may request from the chief of the Department of administration a temporary advance from the state general fund for the payment of authorized expenses.
κ1997 Statutes of Nevada, Page 865 (CHAPTER 244, AB 660)κ
chief of the Department of administration a temporary advance from the state general fund for the payment of authorized expenses.
2. The chief of the Budget Division of the Department of administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his warrant upon receipt of the approval by the Chief of the Budget Division of the Department of Administration.
3. An advance from the state general fund:
(a) Must be approved by the chief of the Budget Division of the Department of Administration for expenses incurred as a result of activation of the Nevada National Guard.
(b) Is limited to $25,000 per activation as described in subsection 1.
4. Any money which is temporarily advanced from the state general fund to an account pursuant to subsection 3 must be repaid as soon as possible, and must come from the emergency account established under NRS 353.263.
Sec. 48. 1. If the director of the state Department of Prisons determines that, because of delays in the receipt of revenue for services billed to the Federal Government, for housing illegal aliens, he may request from the Director of the Department of Administration a temporary advance from the state general fund to pay authorized expenses.
2. The director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau if he approves a request made pursuant to subsection 1. The state controller shall draw his warrant upon receipt of such notification.
3. An advance from the state general fund may be approved by the director of the Department of Administration, is limited to the total due from outstanding billings to the Federal Government for costs related to the housing of illegal aliens and shall not exceed $2,000,000, per fiscal year.
4. Any money which is temporarily advanced from the state general fund to the Department of Prisons pursuant to this section must be repaid on or before the last Friday in August immediately following the end of the fiscal year.
Sec. 49. 1. If projections of the ending balance of the state general fund fall below the amount estimated by the 1997 legislature for fiscal year 1997-1998 or 1998-1999, the chief of the Budget Division of the Department of administration shall report this information to the state board of examiners.
2. If the state board of examiners determines that the ending balance of the state general fund is projected to be less than $40,000,000 for fiscal year 1997-1998 or 1998-1999, the Governor, pursuant to NRS 353.225, may direct the Chief of the Budget Division to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to such department, institution or agency.
3. A reserve must not be set aside pursuant to this section unless:
κ1997 Statutes of Nevada, Page 866 (CHAPTER 244, AB 660)κ
(a) The Governor, on behalf of the state board of examiners, submits a report to the legislature, or if the legislature is not in session, to the interim finance committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and
(b) The legislature or the interim finance committee approves setting aside of the reserve.
Sec. 50. If the State of Nevada is required to make payment to the United States Treasury under the provisions of Public Law 101-453, the Cash Management Improvement Act of 1990, the state controller, upon approval of the State Board of Examiners, may make such payments from the interest earnings of the state general fund or interest earnings in other funds when interest on federal money has been deposited in those funds.
Sec. 51. 1. Of the sums appropriated to the Nevada council on the arts by section 18 of this act, the following amounts must be used to support the challenge grants program:
Fiscal year 1997-98............................................................................... $105,246
Fiscal year 1998-99............................................................................... $105,246
2. Any amounts provided to support the challenge grant program as provided by this section which are not committed for expenditure by June 30 of each fiscal year may be carried forward for a maximum of 2 fiscal years after which time any unexpended amounts revert to the state general fund. If a challenge grant project is completed in less than 3 fiscal years, any unexpended money must not be reallocated and reverts to the state general fund at the close of the fiscal year.
3. All money appropriated by section 18 of this act other than the sums designated in subsection 1 to support the challenge grant program is subject to the provisions of section 40 of this act.
Sec. 52. Of the sums appropriated to the department of education by section 15 for school improvement programs, $2,000,000 shall be transferred each fiscal year to the fund for school careers program to be distributed among eligible applicants and used only for the purposes for which that fund was established.
Sec. 53. 1. Any funds appropriated from the highway fund in section 27 for transportation-related functions of the Public Service Commission of Nevada may be transferred to the Transportation Services Authority created pursuant to legislation enacted by the 69th session of the Nevada Legislature.
2. Before October 1, 1997, the Public Service Commission of Nevada must submit to the Governor for his approval and for the approval of the Interim Finance Committee the proposed transfers of funding as referenced in subsection 1.
Sec. 54. 1. This section and section 44 of this act become effective on June 30, 1997.
2. Section 45 of this act becomes effective on July 1, 1998.
3. The remaining sections of this act become effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 867κ
Assembly Bill No. 659Committee on Ways and Means
CHAPTER 245
AN ACT making appropriations to the trust fund for class-size reduction; and providing other matters properly relating thereto.
[Approved June 30, 1997]
Whereas, The intended goal of the legislature is to achieve a pupil-teacher ratio of no more than 15 pupils per teacher or 30 pupils per two teachers in kindergarten and grades 1, 2 and 3 where core curriculum is taught; and
Whereas, Available money is estimated to provide a sufficient number of teachers to achieve in each school district pupil-teacher ratios of 16 pupils per teacher in selected kindergarten classrooms in which pupils are most at risk of failure and in grades 1 and 2 in fiscal years 1997-98 and 1998-99, to maintain the current pupil-teacher ratio in grade 3 in fiscal year 1997-98, and to achieve a pupil-teacher ratio in grade 3 of 19 pupils per teacher in fiscal year 1998-99; and
Whereas, Certain school districts might not have a sufficient number of classrooms available to permit an average class size of 19 pupils per teacher in grade 3; and
Whereas, Assigning two teachers to classrooms of 38 pupils to attain a district-wide pupil-teacher ratio of 19 pupils per teacher in grade 3 is not reasonable; and
Whereas, School districts may, instead, attain the desired pupil-teacher ratio in classes where core curriculum is taught by utilizing alternative methods of reducing the ratio such as employing teachers to provide remedial instruction; and
Whereas, The legislature has specifically designed the laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts; and
Whereas, School districts are encouraged, to the extent possible, to reduce the pupil-teacher ratio in each classroom in the district in the grades for which additional funding is provided; and
Whereas, With this act, the legislature intends to continue the reduced pupil-teacher ratio for selected kindergarten classrooms in which pupils are most at risk of failure and for grades 1 and 2 throughout the state and to continue reducing the pupil-teacher ratio in grade 3; and
Whereas, Thereafter, the intended goal of the legislature is to reduce the pupil-teacher ratio per class in grade 3 to no more than 15 pupils per class, thereafter to reduce the pupil-teacher ratio per class in grades 4, 5 and 6 to no more than 22 pupils per class and thereafter to reduce the pupil-teacher ratio per class in grades 7 to 12, inclusive, to no more than 25 pupils per class; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
κ1997 Statutes of Nevada, Page 868 (CHAPTER 245, AB 659)κ
Section 1. 1. There is hereby appropriated from the state general fund to the trust fund for class-size reduction, created pursuant to NRS 388.730, for distribution by the superintendent of public instruction to the county school districts for fiscal year 1997-98 the sum of $39,416,107 which must be used to employ teachers in order to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction and to maintain the present ratio of pupils per teacher in grade 3. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1998, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
2. In addition to the amount appropriated by subsection 1, the superintendent of public instruction is hereby authorized to distribute for fiscal year 1997-98 from the trust fund for class-size reduction the sum of $26,729,222;
(a) Of which $130,680 must be transferred to the University and Community College System of Nevada to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching; and
(b) Of which $26,598,542 must be distributed to local school districts for use in employing teachers in order to comply with the required ratio of pupils to teachers in grades 1 and 2 and selected kindergartens, as set forth in NRS 388.700, and to maintain the present ratio of pupils per teacher in grade 3.
3. The amounts appropriated by subsection 1 and authorized by paragraph (b) of subsection 2 must be used to pay the salaries and benefits of no fewer than 1,487 teachers employed by school districts to meet the required pupil-teacher ratios in the 1997-98 school year.
4. Any remaining balance of the sums authorized for expenditure by paragraphs (a) and (b) of subsection 2 must not be committed for expenditure after June 30, 1998, and reverts to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 2. 1. There is hereby appropriated from the state general fund to the trust fund for class-size reduction, created pursuant to NRS 388.730, for distribution by the superintendent of public instruction to the county school districts for fiscal year 1998-99 the sum of $43,628,649 which must be used to employ teachers in order to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction and to maintain the present ratio of pupils per teacher in grade 3. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1999, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
2. In addition to the amount appropriated by subsection 1, the superintendent of public instruction is hereby authorized to distribute for fiscal year 1998-99 from the trust fund for class-size reduction the sum of $29,356,238:
κ1997 Statutes of Nevada, Page 869 (CHAPTER 245, AB 659)κ
fiscal year 1998-99 from the trust fund for class-size reduction the sum of $29,356,238:
(a) Of which $130,680 must be transferred to the University and Community College System of Nevada to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching; and
(b) Of which $29,225,558 must be distributed to local school districts for use in employing teachers in order to comply with the required ratio of pupils to teachers in grades 1 and 2 and selected kindergartens, as set forth in NRS 388.700, and to maintain the present ratio of pupils per teacher in grade 3.
3. The amounts appropriated by subsection 1 and authorized by paragraph (b) of subsection 2 must be used to pay the salaries and benefits of no fewer than 1,570 teachers employed by school districts to meet the required pupil-teacher ratios in the 1998-99 school year.
4. Any remaining balance of the sums authorized for expenditure by paragraphs (a) and (b) of subsection 2 must not be committed for expenditure after June 30, 1999, and reverts to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 3. 1. There is hereby appropriated from the state general fund to the trust fund for class-size reduction, created pursuant to NRS 388.730, for distribution by the superintendent of public instruction to the county school districts for fiscal year 1998-99 the sum of $8,613,320 which must be used to employ no fewer than 220 additional teachers in order to continue reducing the ratio of pupils to teachers in grade 3.
2. Except as otherwise provided in subsection 3, the amounts appropriated by subsection 1 must be used to pay the salaries and benefits of additional teachers employed by school districts to continue reducing the pupil-teacher ratio in grade 3 in the 1998-99 school year.
3. The board of trustees of a county school district:
(a) Shall file a plan with the superintendent of public instruction describing how the funds appropriated by subsection 1 will be used to continue reducing the ratio of pupils to teachers in grade 3; or
(b) May, after receiving approval from the superintendent of public instruction of the districts written plan, use funds appropriated by subsection 1 to carry out an alternative program for reducing the ratio of pupils per teacher or to implement programs of remedial education that have been found to be effective in improving pupil achievement in grades 1, 2 and 3, providing the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of a school district does not exceed the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district in the 1996-97 school year. The plan approved by the superintendent of public instruction must describe the method to be used by the school district to evaluate the effectiveness of the alternative program in improving pupil achievement.
4. Any remaining balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 1999, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
κ1997 Statutes of Nevada, Page 870 (CHAPTER 245, AB 659)κ
Sec. 4. 1. The money authorized and appropriated for class-size reduction pursuant to sections 1, 2 and 3 of this act:
(a) Must be used to meet, to the extent possible, pupil-teacher ratios required by NRS 388.700.
(b) May be applied first to pupils considered most at risk of failure.
(c) Must be accounted for separately from any other money received by the school districts of this state and used only to pay the salaries and benefits of teaching positions required to be added by this act.
(d) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(e) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
2. The money appropriated or authorized for class-size reduction pursuant to sections 1, 2 and 3 of this act may not be distributed to a school district unless that school district has:
(a) Filed with the department of education a plan for achieving the required ratio set forth in NRS 388.700; and
(b) Demonstrated that, from resources of the school district other than allocations received from the trust fund for class-size reduction, a sufficient number of classroom teachers have been employed to maintain the average pupil-teacher ratio that existed for the grade in that school district for the three school years prior to the start of the class-size reduction program in the 1990-91 school year.
Sec. 5. There is hereby appropriated from the state general fund to the trust fund for class-size reduction, created pursuant to NRS 388.730, for distribution by the superintendent of public instruction among the county school districts or consortia of school districts for fiscal year 1997-98 the sum of $400,000 for specialized training for teachers in elementary schools in programs of remedial instruction that have been found to be effective in improving pupil achievement in grades 1, 2 and 3. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1998, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 6. There is hereby appropriated from the state general fund to the trust fund for class-size reduction, created pursuant to NRS 388.730, for distribution by the superintendent of public instruction among the county school districts or consortia of school districts for fiscal year 1998-99 the sum of $200,000 for programs of specialized instruction in teaching methods specifically for use in classes with reduced numbers of pupils or classes with teachers working in teams. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1999, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
κ1997 Statutes of Nevada, Page 871 (CHAPTER 245, AB 659)κ
Sec. 7. 1. This section and sections 1, 4 and 5 of this act become effective on July 1, 1997.
2. Sections 2, 3 and 6 of this act become effective on July 1, 1998.
________
Senate Bill No. 487Committee on Finance
CHAPTER 246
AN ACT relating to public schools; apportioning the state distributive school account in the state general fund for the 1997-1999 biennium; making an appropriation; authorizing certain expenditures; providing for a final adjustment following the close of a fiscal year; making various other changes concerning the administration of money for public schools; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The basic support guarantee for school districts for operating purposes for the 1997-1998 fiscal year is an estimated weighted average of $3,698. For each respective school district, the basic support guarantee per pupil for the 1997-98 fiscal year is:
Carson City ....................................................................................................... $4,052
Churchill County................................................................................................. 4,390
Clark County....................................................................................................... 3,554
Douglas County................................................................................................... 3,931
Elko County......................................................................................................... 4,339
Esmeralda County.............................................................................................. 7,261
Eureka County........................................................................................................ 100
Humboldt County............................................................................................... 4,278
Lander County.................................................................................................... 4,316
Lincoln County.................................................................................................... 6,511
Lyon County........................................................................................................ 4,656
Mineral County................................................................................................... 4,550
Nye County.......................................................................................................... 4,594
Pershing County.................................................................................................. 4,856
Storey County...................................................................................................... 5,209
Washoe County................................................................................................... 3,533
White Pine County.............................................................................................. 4,869
Sec. 2. 1. The basic support guarantee for school districts for operating purposes for the 1998-1999 fiscal year is an estimated weighted average of $3,812 per pupil.
2. The Department of Taxation on or before April 1, 1998, shall provide a certified estimate of the assessed valuation for each school district for the 1998-1999 fiscal year. The assessed valuation for each school district must be that which is taxable for purposes of providing revenue to school districts, including any assessed valuation attributable to the net proceeds for minerals derived from within the boundaries of the district.
κ1997 Statutes of Nevada, Page 872 (CHAPTER 246, SB 487)κ
districts, including any assessed valuation attributable to the net proceeds for minerals derived from within the boundaries of the district.
3. On or before June 3 of each year, the Department of Taxation shall provide an estimate of the net proceeds of minerals based upon statements required of mine operators pursuant to NRS 362.115.
4. For purposes of establishing the basic support guarantee, the estimated basic support guarantees for each school district for the 1998-1999 fiscal year for operating purposes are:
Basic Estimated
Support Basic
Guarantee Estimated Support
Before Ad Valorem Guarantee
School District Adjustment Adjustment as Adjusted
Carson City................................................ $4,047 $163 $4,210
Churchill County......................................... 4,293 283 4,576
Clark County............................................... 3,664 (18) 3,646
Douglas County........................................... 4,286 (192) 4,094
Elko County................................................. 4,221 280 4,501
Esmeralda County...................................... 7,840 (658) 7,181
Eureka County............................................ 4,223 (4,123) 100
Humboldt County....................................... 4,376 136 4,512
Lander County............................................ 4,439 130 4,569
Lincoln County............................................ 6,470 457 6,928
Lyon County................................................ 4,552 276 4,827
Mineral County........................................... 4,620 248 4,867
Nye County.................................................. 4,659 175 4,834
Pershing County.......................................... 5,227 (135) 5,093
Storey County.............................................. 6,140 (622) 5,518
Washoe County........................................... 3,700 (55) 3,645
White Pine County...................................... 4,828 182 5,009
5. The ad valorem adjustment may be made only to take into account the difference in the assessed valuation and the estimated enrollment of the school district between the amount estimated as of April 1, 1997, and the amount estimated as of April 1, 1998, for the 1998-1999 fiscal year. Estimates of net proceeds of minerals received from the Department of Taxation on or before June 3 pursuant to subsection 3 may be taken into consideration in determining the adjustment.
6. Upon receipt of the certified estimates of assessed valuations as of April 1, 1998, from the Department of Taxation, the Department of Education must recalculate the amount of ad valorem adjustment and the tentative basic support guarantee for operating purposes for the 1998-1999 fiscal year by April 25, 1998. The final basic support guarantee for each school district for the 1998-1999 fiscal year is the amount which is recalculated for the 1998-1999 fiscal year pursuant to this section, taking into consideration estimates of net proceeds of minerals received from the Department of Taxation on or before June 3. The basic support guarantee recalculated pursuant to this section must be calculated before June 6, 1998, and must not be less than $100 per pupil.
κ1997 Statutes of Nevada, Page 873 (CHAPTER 246, SB 487)κ
recalculated pursuant to this section must be calculated before June 6, 1998, and must not be less than $100 per pupil.
Sec. 3. 1. The basic support guarantee for each special education program unit which is maintained and operated for at least 9 months of a school year is $27,694 in the 1997-1998 fiscal year and $28,248 in the 1998-1999 fiscal year, excepted as limited by subsection 2.
2. The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for the fiscal years 1997-1998 and 1998-1999 are:
Allocation of Special Education Units
1997-1998 1998-1999
DISTRICT Units Amount Units Amount
Carson City 68 $1,883,192 71 $2,005,608
Churchill County 38 1,052,372 39 1,101,672
Clark County 1,132 31,349,608 1,202 33,954,096
Douglas County 53 1,467,782 56 1,581,888
Elko County 71 1,966,274 76 2,146,848
Esmeralda County 4 110,776 4 112,992
Eureka County 4 110,776 4 112,992
Humboldt County 26 720,044 28 790,944
Lander County 16 443,104 17 480,216
Lincoln County 14 387,716 15 423,720
Lyon County 45 1,246,230 47 1,327,656
Mineral County 11 304,634 12 338,976
Nye County 34 941,596 36 1,016,928
Pershing County 12 332,328 13 367,224
Storey County 7 193,858 8 225,984
Washoe County 383 10,606,802 401 11,327,448
White Pine County 18 498,492 19 536,712
Subtotal 1,936 $53,615,584 2,048 $57,851,904
Reserved by State
Board of Education 40 1,107,760 40 1,129,920
TOTAL 1,976 $54,723,344 2,088 $58,981,824
3. The state board of education shall reserve 40 special education program units in each fiscal year of the 1997-1999 biennium, to be allocated to school districts by the state board of education to meet additional needs that cannot be met by the allocations provided in subsection 2 for that fiscal year.
Sec. 4. 1. There is hereby appropriated from the state general fund to the state distributive school account in the state general fund created pursuant to NRS 387.030:
For the 1997-1998 fiscal year............................................................ $408,357,623
For the 1998-1999 fiscal year............................................................ $446,430,443
2. The money appropriated by subsection 1 must be:
(a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and
κ1997 Statutes of Nevada, Page 874 (CHAPTER 246, SB 487)κ
(b) Work-programmed for the 2 separate fiscal years, 1997-1998 and 1998-1999, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.
3. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate considerations of the merits of each request.
4. The sums appropriated by subsection 1 are available for either fiscal year. Money may be transferred from one fiscal year to the other with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.
5. Any remaining balance of the appropriation made by subsection 1 for the 1997-1998 fiscal year must be transferred and added to the money appropriated for the 1998-1999 fiscal year and may be expended as that money is expended.
6. Any remaining balance of the appropriation made by subsection 1 for the 1998-1999 fiscal year, including any money added thereto pursuant to the provisions of subsections 3 and 5, must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. 1. Expenditure of $100,919,979 by the Department of Education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1997.
2. Expenditure of $108,815,656 by the Department of Education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1998.
3. For purposes of accounting and reporting, the sums authorized for expenditure by subsections 1 and 2 are considered to be expended before any appropriation is made to the state distributive school account from the state general fund.
4. The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
5. The Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized for expenditure by the Department of Education, in subsections 1 and 2, for the purpose of meeting obligations of the state incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act. The Chief of the Budget Division of the Department of Administration shall reduce any authorization whenever he determines that money to be received will be less than the amount authorized in subsections 1 and 2.
κ1997 Statutes of Nevada, Page 875 (CHAPTER 246, SB 487)κ
Sec. 6. During each of the fiscal years 1997-1998 and 1998-1999, whenever the state controller finds that current claims against the state distributive school account in the state general fund exceed the amount available in the account to pay those claims, he may advance temporarily from the state general fund to the state distributive school account the amount required to pay the claims, but not more than the amount expected to be received in the current fiscal year from any source authorized for the state distributive school account. No amount may be transferred unless requested by the Chief of the Budget Division of the Department of Administration.
Sec. 7. The Department of Education is hereby authorized to spend from the state distributive school account the sum of $11,251,644 for the 1997-1998 fiscal year and $12,031,931 for the 1998-1999 fiscal year for the support of courses which are approved by the Department of Education as meeting the course of study for an adult standard high school diploma as approved by the State Board of Education.
Sec. 8. The amounts of the guarantees set forth in sections 1 and 2 of this act may be reduced to effectuate a reserve required pursuant to NRS 353.225.
Sec. 9. This act becomes effective on July 1, 1997.
________
Senate Bill No. 486Committee on Finance
CHAPTER 247
AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999; authorizing the assessment of certain boards for certain costs of the Budget Division of the Department of Administration; authorizing the collection of certain amounts from the counties for the use of the services of the Public Defender; and providing other matters properly relating thereto.
[Approved June 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999, by the various officers, departments, boards, agencies, commissions and institutions of the state government mentioned in this act:
1997-98 1998-99
Office of the Governor
Washington office........................................................... $239,000 $246,000
Commission for Women................................................ 7,970 5,470
κ1997 Statutes of Nevada, Page 876 (CHAPTER 247, SB 486)κ
Agency for Nuclear Projects.......................................... 1,888,763....................................................... 1,881,670
Attorney General
Administration.................................................................. 5,098,718....................................................... 4,905,089
Tort claim fund................................................................ 4,621,439....................................................... 5,321,143
Fraud Control Unit for Industrial Insurance............... 1,819,863....................................................... 1,832,813
Medicaid fraud unit......................................................... 861,869.......................................................... 830,692
Insurance fraud unit........................................................ 829,261.......................................................... 810,481
Special fund...................................................................... 13,365............................................................. 13,365
Office of Extradition Coordinator................................ 77,300............................................................. 77,300
Private Investigators Licensing Board........................ 392,339.......................................................... 412,279
Consumers Advocate.................................................... 1,945,162....................................................... 1,849,688
Secretary of State................................................................... 1,698,064....................................................... 1,485,768
Ethics Commission................................................................ 500.................................................................. 500
Treasurer.................................................................................. 467,937.................................................................................... 468,595
Municipal bond bank revenue...................................... 40,670,425..................................................... 40,614,826
Municipal bond bank debt service............................... 40,506,462..................................................... 40,450,863
Legislative fund
Legislative Counsel Bureau........................................... 1,102,573.......................................................... 266,691
Judicial branch
Court Administrator........................................................ 1,018,242....................................................... 1,048,086
Planning and analysis..................................................... 202,873.......................................................... 202,873
Supreme Court................................................................. 2,978,826....................................................... 2,998,539
Uniform system for judicial records............................. 427,644.......................................................... 445,601
Supreme Court law library............................................. 16,000............................................................. 16,000
Retired justice duty fund................................................ 249,238.......................................................... 256,275
Judicial education............................................................ 903,053.......................................................... 703,460
District judges travel....................................................... 310,866.......................................................... 215,018
Department of Administration
Administrative Services Division................................... 886,053.......................................................... 887,753
Budget and Planning Division....................................... 140,626.......................................................... 142,913
Benefit services fund....................................................... 120,430,536.................................................. 130,368,143
Retired employees group insurance.............................. 6,054,938....................................................... 6,708,879
Fund for workers compensation and safety............... 13,336,897..................................................... 13,048,190
Fund for hospital care to indigent persons.................. 6,208,594....................................................... 6,711,917
Supplemental account for medical assistance to indigent persons ....................................................... 3,836,702 4,172,952
Mail room ....................................................... 5,963,299 5,792,598
State Printing Office........................................................ 4,711,156....................................................... 4,897,970
Printing office equipment......................................... 525,644.......................................................... 631,928
State Public Works Board inspection account........... 2,840,724....................................................... 2,887,523
Insurance and loss prevention....................................... 2,417,715....................................................... 2,490,310
Buildings and Grounds Division.................................... 10,462,027..................................................... 11,173,314
Clear Creek youth center................................................ 187,166.......................................................... 187,166
Marlette Lake water system.......................................... 257,763.......................................................... 341,361
Water treatment plant.............................................. 264,614.......................................................... 267,179
Motor Pool Division......................................................... 2,770,036....................................................... 2,868,242
κ1997 Statutes of Nevada, Page 877 (CHAPTER 247, SB 486)κ
Motor vehicle purchase.................................................. 1,110,496.......................................................... 922,267
Purchasing Division......................................................... 3,540,746....................................................... 3,576,431
Equipment purchase................................................. 80,994.......................................................... 109,155
Food distribution program....................................... 3,560,305....................................................... 3,594,060
Surplus property administration............................. 323,050.......................................................... 348,449
Hearings Division............................................................. 3,261,387....................................................... 2,933,504
Workers compensation hearings reserve............... 338,442.......................................................... 342,192
Fund for compensation of victims of crime............... 4,057,371....................................................... 3,585,580
Deferred compensation committee.................................... 7,919............................................................... 9,257
Department of Personnel...................................................... 6,881,585....................................................... 6,852,741
Unemployment compensation account...................... 705,576.......................................................... 745,576
Commission on Tourism
Division of Tourism......................................................... 10,753,648..................................................... 11,344,943
Nevada Magazine........................................................... 2,389,494....................................................... 2,682,440
Commission on Economic Development
Division of Economic Development............................ 60,000............................................................. 60,000
Division of Motion Pictures............................................ 635,701.......................................................... 638,534
Rural community development.............................. 3,196,296....................................................... 3,196,296
Small business and procurement outreach........... 330,096.......................................................... 330,096
Department of Taxation....................................................... 1,491,155....................................................... 1,400,251
Senior citizens property tax assistance........................ 385,927.......................................................... 127,043
Department of Information Services
Directors office................................................................ 866,125.......................................................... 871,431
Planning & programming............................................... 26,089,004..................................................... 20,565,698
Communications & computing..................................... 15,634,811..................................................... 16,425,695
Planning and research..................................................... 1,223,563....................................................... 1,212,256
Department of Education
Education: State programs............................................ 17,699............................................................... 2,500
School improvement program....................................... 1,454,843....................................................... 1,458,782
Improve Americas Schools Title I............................... 22,897,277..................................................... 22,897,277
Improve Americas Schools Title VI & II................... 2,963,641....................................................... 2,963,641
Individuals With Disabilities Education Act............... 14,165,908..................................................... 15,063,940
Support services............................................................... 1,725,269....................................................... 1,704,667
Occupational education................................................. 5,265,767....................................................... 5,265,767
Nutrition education.......................................................... 32,115,347..................................................... 34,584,030
Continuing education...................................................... 2,045,465....................................................... 2,045,465
Drug abuse education..................................................... 2,073,719....................................................... 2,073,739
Proficiency testing............................................................ 319,684............................................................... 2,234
Discretionary grants program........................................ 993,562.......................................................... 834,601
Teacher education and licensing................................... 482,141.......................................................... 496,402
Education of handicapped persons.............................. 958,133....................................................... 1,241,297
School health education — AIDS................................... 250,000.......................................................... 250,000
Other education programs.............................................. 23,418............................................................. 24,418
Student incentive grants................................................. 365,625.......................................................... 366,716
Trust for education technology..................................... 25,000............................................................. 25,000
κ1997 Statutes of Nevada, Page 878 (CHAPTER 247, SB 486)κ
Education gift fund......................................................... 71,859............................................................. 50,000
Commission on Postsecondary Education................. 62,900............................................................. 64,500
Student indemnification fund....................................... 180,000.......................................................... 250,000
University and Community College System of Nevada
System administration.................................................... 72,760............................................................. 72,760
Science, Engineering and Technology office.............. 226,137.......................................................... 175,299
Agriculture experiment station...................................... 1,165,081....................................................... 1,165,081
Cooperative extension service....................................... 1,671,126....................................................... 1,677,321
University of Nevada, Reno.......................................... 23,524,855..................................................... 24,801,032
School of medical sciences............................................ 1,892,824....................................................... 1,917,279
State health laboratory................................................... 929,998.......................................................... 933,089
University of Nevada, Las Vegas................................. 28,901,258..................................................... 30,631,636
Law school........................................................................ 311,680....................................................... 1,532,000
Special projects account................................................. 17,366,500..................................................... 18,153,500
Community College of Southern Nevada................... 10,850,711..................................................... 12,233,192
Western Nevada Community College......................... 1,870,335....................................................... 1,971,604
Truckee Meadows Community College...................... 4,041,733....................................................... 4,241,626
Great Basin College......................................................... 1,033,787....................................................... 1,105,942
Radiation safety board — Southern Nevada............... 128,906.......................................................... 131,014
Radiation safety board — Northern Nevada............... 256,753.......................................................... 260,992
Desert Research Institute................................................ 148,486.......................................................... 148,486
W.I.C.H.E. loan fund............................................................. 625,183.......................................................... 573,315
Department of Museums, Library and Arts
Administration.................................................................. 53,817............................................................. 56,355
Museums and history...................................................... 160,716............................................................. 11,170
Nevada railroad museum............................................... 415,756.......................................................... 415,076
Lost City museum........................................................... 82,298............................................................. 68,738
State museum in Las Vegas........................................... 20,000............................................................. 20,000
Nevada state museum.................................................... 274,153.......................................................... 275,786
Nevada Historical Society.............................................. 77,575............................................................. 45,356
Historic preservation....................................................... 454,523.......................................................... 460,402
State Council on the Arts................................................ 535,835.......................................................... 495,835
State library....................................................................... 1,027,010.......................................................... 753,834
Literacy program............................................................. 31,000............................................................. 31,000
Archives and records....................................................... 6,737............................................................... 6,737
Records management and micrographics................... 522,740.......................................................... 538,392
Central libraries automated network............................ 425,648.......................................................... 433,168
Department of Human Resources
State Public Defender............................................... 687,705.......................................................... 682,742
Community services block grant............................ 2,112,759....................................................... 2,113,206
Division of Health Care Financing and Policy..... 1,858,156....................................................... 1,710,486
Health resources and cost review........................... 99,500............................................................. 75,000
Intergovernmental transfer account...................... 142,613,024.................................................. 119,051,892
Assistance to the medically indigent...................... 409,117,708.................................................. 456,045,194
Homemaking services.............................................. 1,599,123....................................................... 1,624,123
Purchase of social services....................................... 13,332,924..................................................... 13,333,008
Aging Services Division............................................. 5,536,399....................................................... 5,440,346
κ1997 Statutes of Nevada, Page 879 (CHAPTER 247, SB 486)κ
Senior services program............................................ 5,403,375....................................................... 5,819,572
Division of Child and Family Services Administration ..................................................... 13,537,786 13,982,992
Northern Nevada child and adolescent services........ 2,392,701....................................................... 2,406,918
Southern Nevada child and adolescent services........ 4,005,965....................................................... 5,446,486
Child care services........................................................... 497,018.......................................................... 503,883
Youth alternative placements....................................... 653,974.......................................................... 695,426
UNITY project.................................................................. 2,864,432....................................................... 2,008,415
Family to family connection......................................... 376,578.......................................................... 839,151
Nevada youth training center ....................................... 541,821.......................................................... 541,877
Youth training center — ECIA — Chapters I and II .......................................................... 127,432 128,230
Youth training center farm...................................... 10,000............................................................. 10,000
Youth corrections services.............................................. 846,050.......................................................... 753,102
Caliente youth center ..................................................... 484,542.......................................................... 484,551
Chapter I — Special education....................................... 2,477,161....................................................... 2,450,120
Youth community services............................................ 18,305,531..................................................... 18,792,948
Victims of domestic violence......................................... 2,492,437....................................................... 2,602,552
Child abuse and neglect.................................................. 249,209.......................................................... 250,584
Probation subsidies.......................................................... 419,996.......................................................... 419,996
Child welfare trust............................................................ 938,913....................................................... 1,020,880
Childrens trust account.................................................. 1,402,947....................................................... 1,514,587
Health Division
Office of the state health officer............................ 990,810....................................................... 1,008,743
Vital statistics............................................................. 325,807.......................................................... 330,494
Bureau of health facilities........................................ 3,841,718....................................................... 3,956,786
Family planning......................................................... 584,524.......................................................... 579,572
Womens, infants and childrens food supplement program ..................................................... 27,686,684 30,829,328
Maternal child health services................................. 2,588,049....................................................... 2,643,699
Special childrens clinic............................................. 704,840.......................................................... 707,214
Community health services..................................... 1,590,042....................................................... 1,603,310
Emergency medical services.................................... 32,712............................................................. 34,022
Health aid to counties............................................... 83,616............................................................. 87,719
Sexually transmitted disease control..................... 5,816,310....................................................... 5,600,193
Immunization program............................................ 1,949,927....................................................... 1,865,996
Consumer health protection.................................... 1,851,494....................................................... 1,861,128
Radiological health................................................... 679,631.......................................................... 694,029
Communicable disease control............................... 495,580.......................................................... 493,414
Cancer control registry.............................................. 333,745.......................................................... 367,856
Radioactive material disposal................................. 9,104,537....................................................... 9,341,063
Mental Hygiene and Mental Retardation Division... 111,790............................................................. 39,456
Nevada Mental Health Institute............................. 3,138,930....................................................... 3,419,259
Facility for the mentally ill offender...................... 164,462.......................................................... 170,746
Rural clinics................................................................ 1,623,657....................................................... 1,775,372
κ1997 Statutes of Nevada, Page 880 (CHAPTER 247, SB 486)κ
Southern Nevada adult mental health services... 2,396,573....................................................... 2,590,981
Southern MH/MR food service.............................. 994,653....................................................... 1,146,063
Southern Nevada mental retardation services..... 8,776,841....................................................... 9,536,411
Northern Nevada mental retardation services..... 5,900,504....................................................... 6,184,448
Rural retardation services........................................ 771,773.......................................................... 829,219
Mental health information systems....................... 11,211............................................................... 1,238
Welfare Division
Administration........................................................... 16,685,429..................................................... 13,160,802
Aid to families with dependent children................ 34,766,555..................................................... 32,654,592
Welfare field services................................................ 15,356,799..................................................... 15,983,141
Child support enforcement...................................... 42,434,842..................................................... 40,055,110
Employment and training........................................ 13,441,602..................................................... 14,441,441
Homeless grants......................................................... 242,508.......................................................... 189,700
Low-income home energy assistance.................... 2,341,199....................................................... 2,338,273
Office of the Military............................................................. 2,634,998....................................................... 2,668,669
Adjutant Generals construction fund......................... 1,029,519....................................................... 1,014,813
Department of Prisons
Office of the director....................................................... 2,399,647....................................................... 2,411,150
Medical care..................................................................... 857,096.......................................................... 925,128
Prison industries................................................................ 5,547,804....................................................... 6,813,504
Prison industry capital projects..................................... 351,262.......................................................... 483,327
Prison warehouse account.............................................. 6,920,768....................................................... 7,573,718
Nevada state prison......................................................... 50,329............................................................. 54,714
Northern Nevada correctional center........................... 249,084.......................................................... 271,378
Southern Nevada correctional center........................... 21,413............................................................. 25,071
Ely maximum security facility...................................... 29,194............................................................. 29,216
Southern desert correctional center.............................. 147,121.......................................................... 147,826
Nevada womens correctional center........................... 27,921............................................................. 43,451
Southern Nevada private womens facility................ 203,489.......................................................... 276,693
Lovelock correctional center......................................... 52,008............................................................. 56,613
Offenders store fund...................................................... 10,339,932..................................................... 10,035,533
Pioche conservation camp............................................. 53,705............................................................. 54,693
Indian Springs conservation camp............................... 18,735............................................................. 18,899
Wells conservation camp............................................... 29,256............................................................. 29,451
Humboldt conservation camp...................................... 28,066............................................................. 28,254
Ely conservation camp................................................... 27,633............................................................. 27,818
Inmate welfare account................................................. 1,253,685....................................................... 1,263,612
Destitute prisoners fund................................................. 13,935............................................................. 13,424
Tonopah conservation camp........................................ 30,074............................................................. 30,276
Jean conservation camp................................................. 5,544............................................................... 7,730
Stewart conservation camp........................................... 63,964............................................................. 64,500
Carlin conservation camp.............................................. 22,189............................................................. 22,338
Silver Springs conservation camp................................. 21,522............................................................. 21,147
Northern restitution center.............................................. 484,544.......................................................... 484,544
Southern restitution center............................................. 331,128.......................................................... 331,128
Prison dairy....................................................................... 915,647 838,570 Department of Business and Industry
κ1997 Statutes of Nevada, Page 881 (CHAPTER 247, SB 486)κ
Department of Business and Industry
Directors office................................................................ 487,672.......................................................... 475,439
Industrial development bond program........................ 327,412.......................................................... 331,167
Division of Insurance...................................................... 1,184,290.......................................................... 989,270
Cost stabilization....................................................... 287,228.......................................................... 246,607
National association of insurance commissioners ............................................................. 56,921 55,328
Self-insurance — Workers compensation............... 431,586.......................................................... 452,018
Self-insurance association insolvency fund......... 120,696.......................................................... 161,470
Insurance examiners................................................. 3,915,672....................................................... 3,686,573
Insurance recovery fund.......................................... 187,450.......................................................... 187,450
Insolvency fund......................................................... 4,247,526....................................................... 4,434,414
Insurance education and research......................... 536,283.......................................................... 461,310
Taxicab Authority........................................................... 4,418,274....................................................... 4,205,684
Division of Minerals........................................................ 895,729.......................................................... 932,489
Minerals reclamation pool....................................... 845,443....................................................... 1,103,827
Manufactured Housing Division................................... 1,327,714....................................................... 1,488,841
Mobile home parks................................................... 199,744.......................................................... 190,420
Manufactured housing education and recovery. 810,280.......................................................... 781,401
Lot rent subsidy program......................................... 711,998.......................................................... 724,192
Division of Financial Institutions.................................. 11,639............................................................. 11,636
Financial institutions audit program...................... 69,577............................................................. 70,092
Financial institutions investigations....................... 561,605.......................................................... 588,300
Division of Industrial Relations..................................... 3,963,179....................................................... 5,366,060
Enforcement for industrial safety.......................... 3,927,564....................................................... 4,125,031
Safety consultation and training............................ 2,005,663....................................................... 1,856,962
Mine inspections........................................................ 956,723.......................................................... 851,426
Consumer affairs restitution.......................................... 113,292............................................................. 86,698
Office of hospital patients.............................................. 191,064.......................................................... 187,285
Energy conservation........................................................ 749,351.......................................................... 536,794
Petroleum overcharge rebate account......................... 643,964.......................................................... 503,246
Real Estate Division........................................................ 561,966.......................................................... 645,046
Real estate education and research....................... 673,393.......................................................... 544,882
Real estate recovery.................................................. 406,608.......................................................... 418,377
Real estate investigative fund................................. 12,306............................................................. 11,700
Division of Unclaimed Property.................................... 390,918.......................................................... 378,861
Housing Division.............................................................. 6,887,204....................................................... 7,029,954
Weatherization program.......................................... 403,421.......................................................... 402,402
Low-income housing trust........................................ 8,352,869....................................................... 8,086,614
Division of Agriculture
Plant industry fund.................................................... 566,672.......................................................... 565,954
Gas pollution standards............................................ 513,696.......................................................... 519,899
Apiary inspection fund............................................. 21,256............................................................. 23,460
Agriculture registration and enforcement fund.... 747,559.......................................................... 782,867
Livestock inspection fund........................................ 664,322.......................................................... 646,711
κ1997 Statutes of Nevada, Page 882 (CHAPTER 247, SB 486)κ
Grading and certification of agricultural products .......................................................... 279,950 267,426
Insect abatement....................................................... 57,823............................................................. 58,825
Alfalfa seed research................................................ 39,055............................................................. 35,956
Veterinary medical services..................................... 1,989............................................................... 1,989
Rural rehabilitation trust.......................................... 126,863.......................................................... 112,293
Nevada Beef Council............................................................ 211,914.......................................................... 228,756
Predatory animal and rodent control................................. 20,000............................................................. 20,000
Sheep commission................................................................. 16,508............................................................. 15,637
Woolgrowers predatory animal control.............................. 42,769............................................................. 31,557
Athletic Commission............................................................. 100,000.......................................................... 100,000
Attorney for injured workers................................................ 1,822,246....................................................... 1,716,667
Dairy Commission................................................................. 1,254,541....................................................... 1,259,686
Employee Management Relations Board......................... 2,961............................................................... 2,961
Gaming Control Board.......................................................... 4,242,475....................................................... 4,243,968
Gaming control board investigative fund.................... 6,157,593....................................................... 6,159,087
Public Service Commission of Nevada.............................. 8,433,183....................................................... 8,864,096
Administrative fines........................................................ 4,459............................................................... 4,459
Colorado River Commission................................................ 3,658,747....................................................... 3,746,774
Research and development........................................... 361,860.......................................................... 288,761
Fort Mohave Valley development fund...................... 2,324,390....................................................... 1,320,458
Power marketing fund..................................................... 42,464,845..................................................... 49,306,809
State Department of Conservation and Natural Resources
Environmental protection administration................... 1,613,661....................................................... 1,592,247
Bureau of air quality................................................. 2,302,582....................................................... 2,312,576
Water and mining...................................................... 5,256,591....................................................... 5,441,541
Waste management and federal facilities............ 7,604,803....................................................... 7,727,199
Environmental Commission.................................... 38,738............................................................. 25,785
Division of State Lands.................................................. 58,540............................................................. 59,892
Division of Water Resources.......................................... 126,163............................................................. 87,838
Water planning................................................................. 278,100.......................................................... 158,100
Water planning capital improvements......................... 213,534.......................................................... 136,155
Division of State Parks.................................................... 3,036,466....................................................... 3,233,554
Mining cooperative fund................................................ 129,591.......................................................... 129,361
Division of Forestry......................................................... 1,062,901....................................................... 1,063,247
Forestry intergovernmental agreement.................. 5,166,771....................................................... 5,766,605
Forestry honor camp................................................. 875,445.......................................................... 875,675
Forestry nurseries....................................................... 450,356.......................................................... 451,923
Forest fire suppression/emergency response......... 4,119,227....................................................... 4,120,087
Heil wild horse bequest................................................... 1,230,090....................................................... 1,230,618
Nevada natural heritage................................................. 230,051.......................................................... 233,736
Division of conservation districts.................................. 30,487............................................................. 23,520
Tahoe Regional Planning Agency................................. 33,333............................................................. 33,333
Nevada Tahoe regional planning.................................. 10,000............................................................. 10,000
Division of Wildlife.......................................................... 15,341,097..................................................... 15,404,331
Boat program............................................................. 5,944,152....................................................... 6,346,296
κ1997 Statutes of Nevada, Page 883 (CHAPTER 247, SB 486)κ
Trout management................................................... 901,522.......................................................... 890,754
Habitat mitigation..................................................... 1,010,777....................................................... 1,026,828
Wildlife heritage......................................................... 1,544,536....................................................... 2,016,601
Obligated reserve....................................................... 2,091,289....................................................... 1,436,269
Department of Transportation............................................ 472,601,394.................................................. 416,678,134
Department of Motor Vehicles and Public Safety
Directors office................................................................ 577.................................................................. 604
Administrative Services Division................................... 46,678............................................................. 46,730
Division of Emergency Management.......................... 255,216.......................................................... 257,698
Emergency management federal grants............... 956,284.......................................................... 970,443
Emergency management assistance program..... 868,625.......................................................... 785,944
Commissioner for Veterans Affairs............................ 333,454.......................................................... 357,204
Veterans home................................................................ 39,258............................................................. 51,752
Veterans gifts and donations........................................ 32,251............................................................. 30,867
Emergency response commission................................. 751,707.......................................................... 763,613
State Fire Marshal ........................................................... 896,356.......................................................... 942,915
Hazardous materials training center............................ 642,350.......................................................... 651,863
Narcotics control.............................................................. 1,395,592....................................................... 1,404,934
Drug commission............................................................. 27,905............................................................. 27,979
Record search program................................................... 4,813,536....................................................... 5,032,554
Field services..................................................................... 9,163,454..................................................... 10,079,799
Drivers license................................................................... 689,769.......................................................... 711,437
Automation....................................................................... 131,372.......................................................... 128,060
Investigations division.................................................... 10,000............................................................. 10,000
Highway patrol................................................................. 1,273,327....................................................... 1,358,856
Public safety information services................................ 2,939,197....................................................... 3,073,828
Capitol police.................................................................... 1,298,185....................................................... 1,337,123
Forfeitures — Law enforcement..................................... 1,576,479....................................................... 1,966,789
Hazardous materials....................................................... 3,116............................................................... 3,116
Motor vehicle pollution control..................................... 11,663,020..................................................... 13,496,374
Criminal history repository............................................. 5,220,663....................................................... 5,471,564
Salvage, wreckers and body shops regulation............ 157,371.......................................................... 166,831
Peace officers standards and training......................... 1,266,144....................................................... 1,029,248
Highway safety................................................................ 506,077.......................................................... 506,715
Bicycle safety program................................................... 146,677.......................................................... 147,525
Motorcycle safety program........................................... 435,552.......................................................... 346,000
Registration....................................................................... 1,139,259....................................................... 1,008,557
Motor carrier..................................................................... 362,507.......................................................... 398,758
Traffic safety — Federal grants...................................... 1,063,522....................................................... 1,063,522
Justice assistance act....................................................... 7,400,000....................................................... 7,625,000
DMV & PS justice grant account.................................. 145,358.......................................................... 145,228
Division of Parole and Probation.................................. 3,316,442....................................................... 3,512,566
Verification of insurance................................................ 3,773,745....................................................... 3,925,975
Public employees retirement fund..................................... 7,868,256....................................................... 9,389,494
State Industrial Insurance System...................................... 773,350,839.................................................. 997,310,229
Rehabilitation center....................................................... 5,347,665 5,324,040 Department of Employment, Training and Rehabilitation
κ1997 Statutes of Nevada, Page 884 (CHAPTER 247, SB 486)κ
Department of Employment, Training and Rehabilitation
Directors office................................................................ 1,155,529....................................................... 1,213,230
Administrative services................................................... 2,099,340....................................................... 2,159,722
Information and development processing.................. 7,681,573....................................................... 7,951,087
Employment Security Division...................................... 29,536,048..................................................... 30,779,478
Employment security special fund......................... 8,201,320....................................................... 5,348,590
Claimant employment fund.................................... 8,131,648....................................................... 8,749,507
State job training office.................................................. 15,628,542..................................................... 15,749,434
Rehabilitation Division
Administration........................................................... 552,783.......................................................... 458,937
Vocational rehabilitation......................................... 8,193,825....................................................... 8,409,831
Vocational assessment centers............................... 1,712,294....................................................... 1,692,587
Services to the blind.................................................. 2,293,460....................................................... 2,293,176
Blind business enterprise program.......................... 4,538,684....................................................... 2,472,612
Community-based services..................................... 2,336,674....................................................... 2,390,686
Alcoholism and drug rehabilitation........................ 7,488,374....................................................... 7,374,559
Alcohol tax program................................................. 645,765.......................................................... 645,765
Bureau of disability adjudication........................... 6,956,482....................................................... 6,986,387
Developmental disabilities....................................... 402,406.......................................................... 402,406
Social security administration/vocational rehabilitation .......................................................... 364,056 354,123
Office of equal rights....................................................... 465,795.......................................................... 465,795
Community services........................................................ 497,068.......................................................... 498,577
Professional and vocational boards
Board of Accountancy................................................... 590,924.......................................................... 566,348
Board of Architecture..................................................... 813,744.......................................................... 861,938
Board of Landscape Architecture................................ 81,824............................................................. 91,870
Barbers Health and Sanitation Board........................ 126,796.......................................................... 143,921
Board of Chiropractic Examiners................................. 219,363.......................................................... 218,526
Contractors Board.......................................................... 4,315,433....................................................... 4,534,689
Board of Cosmetology................................................... 1,077,428.......................................................... 866,831
Board of Dental Examiners........................................... 421,473.......................................................... 455,738
Board of Professional Engineers and Land Surveyors ....................................................... 1,301,632 1,374,320
Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories........................................... 36,268............................................................. 31,548
Board of Hearing Aid Specialists.................................. 14,923............................................................. 15,881
Board of Examiners for Administrators of Facilities for Long-Term Care................................................................. 112,846.......................................................... 139,099
Board for Regulation of Liquefied Petroleum Gas.... 245,372.......................................................... 238,581
Board of Examiners for Audiology and Speech Pathology.. ............................................................. 45,414 47,164
Board of Medical Examiners........................................ 2,441,754....................................................... 2,440,582
Board of Examiners for Marriage and Family Therapists .......................................................... 106,557 129,057
Board of Nursing.............................................................. 1,849,608....................................................... 1,706,367
κ1997 Statutes of Nevada, Page 885 (CHAPTER 247, SB 486)κ
Board of Dispensing Opticians...................................... 88,527............................................................. 96,414
Board of Homeopathic Medical Examiners.............. 28,388............................................................. 27,796
Board of Optometry........................................................ 231,348.......................................................... 247,138
Board of Osteopathic Medicine.................................... 141,800.......................................................... 123,600
Board of Pharmacy......................................................... 1,313,087....................................................... 1,415,454
Board of Occupational Therapy................................... 118,351.......................................................... 129,551
Board of Physical Therapy Examiners........................ 188,113.......................................................... 246,096
Board for Registration of Public Health Sanitarians. 6,228............................................................... 6,638
Certified Court Reporters Board of Nevada............... 82,200............................................................. 79,118
Board of Oriental Medicine........................................... 34,410............................................................. 29,886
Board of Podiatry............................................................ 41,693............................................................. 42,693
Board of Psychological Examiners.............................. 112,752.......................................................... 169,451
Board of Veterinary Medical Examiners.................... 211,164.......................................................... 216,685
Board of Examiners for Social Workers...................... 149,437.......................................................... 158,226
Sec. 2. 1. Expenditure of $20,248,765 by the State Gaming Control Board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1997, and ending June 30, 1998.
2. Expenditure of $20,792,722 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1998, and ending June 30, 1999.
Sec. 3. The money authorized to be expended by the provisions of sections 1 and 2 of this act, except the legislative fund and judicial agencies, must be expended in accordance with the allotment transfer, work-program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. 1. Except as otherwise provided in subsection 2 and limited by section 5 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 and 2 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Department of Administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 and 2 of this act.
2. The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the legislative fund for expenditure by the Legislative Counsel Bureau from any source which he determines is in excess of the amount so taken into consideration by this act.
κ1997 Statutes of Nevada, Page 886 (CHAPTER 247, SB 486)κ
determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 5. Except as otherwise provided in sections 6 and 18 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the state general fund as well as by money received from other sources, the portion provided by appropriation from the state general fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 6. The University and Community College System of Nevada may expend, with the approval of the interim finance committee, any additional fees collected from the registration of students, resident or nonresident, in addition to the following amounts for the respective fiscal years:
1997-98 1998-99
University of Nevada, Reno.................................. $17,434,471 18,871,151
University of Nevada, Las Vegas......................... 27,063,451 28,793,829
Community College of Southern Nevada.......... 10,508,318 11,866,176
Western Nevada Community College................. 1,765,229 1,865,704
Truckee Meadows Community College.............. 3,879,233 4,079,126
Great Basin College................................................. 959,347 1,028,823
School of medical sciences.................................... 1,515,876 1,540,331
Law school................................................................ 21,680 920,000
Sec. 7. Whenever claims which are payable and properly approved exceed the amount of cash in the wildlife account in the state general fund, the state controller may, with the approval of the Chief of the Budget Division of the Department of Administration, transfer temporarily from the state general fund to the wildlife account such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.
Sec. 8. The following amounts are authorized for expenditure from the University and Community College System of Nevada Endowment Fund in the accounts authorized in section 1 of this act:
1997-98 1998-99
Special projects account........................................ $17,366,500 $18,153,500
University of Nevada, Reno.................................. 100,000 100,000
University of Nevada, Las Vegas......................... 100,000 100,000
Law school................................................................ 290,000 410,000
Community College of Southern Nevada.......... 37,500 37,500
Truckee Meadows Community College.............. 37,500 37,500
Western Nevada Community College................. 37,500 37,500
Great Basin College................................................. 37,500 37,500
κ1997 Statutes of Nevada, Page 887 (CHAPTER 247, SB 486)κ
Sec. 9. 1. The Chief of the Budget Division of the Department of Administration shall assess each professional or licensing board at the beginning of each fiscal year for its proportional share of the total salary and operating costs of an employee of the budget division who is responsible for monitoring compliance by such boards with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive. Each boards share of the total costs must be equal to the percentage which the budget of each board represents of the total of all budgets of professional and vocational boards as approved by the Legislature.
2. The assessments must be paid by September 1 of each year.
Sec. 10. The Director of the Department of Administration shall annually prepare a statewide cost allocation plan distributing service agency indirect costs among the various agencies in accordance with the principles and procedures established by federal regulations and guidelines.
Sec. 11. 1. Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his services:
For the fiscal For the fiscal
year ending year ending
June 30, 1998 June 30, 1999
Carson City................................................................. $330,098 $327,715
Eureka County........................................................... 17,193 17,069
Humboldt County..................................................... 123,787 122,894
Lincoln County.......................................................... 24,070 23,896
Pershing County......................................................... 72,209 71,688
Storey County............................................................ 10,315 10,241
White Pine County.................................................... 110,033 109,239
Totals........................................................................... 687,705 682,742
2. The State Public Defender may assess and collect, from the counties, their pro rata share of any salary increases or cost of living increases approved by the 1997 Legislature for employees of the state public defenders office for fiscal year 1997-98 and fiscal year 1998-99.
3. If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his services.
Sec. 12. In fiscal years 1997-98 and 1998-99, the state treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535 to be paid on fuel used in watercraft for recreational purposes equally between the Division of Wildlife and the Division of State Parks in the State Department of Conservation and Natural Resources.
Sec. 13. On and after July 1, 1995, money collected by the Division of Wildlife and designated by the division as an obligated sum in the wildlife account to be used only for the purposes specified by the law pertaining to the funds or by the donor of the funds shall be transferred to a separate account designated as the Division of Wildlifes obligated reserve account.
Sec. 14. Pursuant to Senate Bill No. 427 of this session, the Director of the Department of Human Resources may request Interim Finance Committee approval to transfer from the Nevada Medicaid budget in section 1, the authorized expenditures legislatively approved for Elder Protective Services for FY 1997-98 and FY 1998-99, to the division within the department designated to administer the program by the director of the department.
κ1997 Statutes of Nevada, Page 888 (CHAPTER 247, SB 486)κ
Committee approval to transfer from the Nevada Medicaid budget in section 1, the authorized expenditures legislatively approved for Elder Protective Services for FY 1997-98 and FY 1998-99, to the division within the department designated to administer the program by the director of the department. The amount of authorization transferred, if requested and approved, shall only include the salary of positions and operating costs specifically identified for the Elder Protective Services Program in the Medicaid budget approved by the legislature.
Sec. 15. Any funds included within the amounts authorized for expenditure in sections 1 and 2 of this act for the purpose of preparing computer systems for the Year 2000 that remain unexpended on June 30, 1998, may be carried forward to fiscal year 1998-99.
Sec. 16. 1. Any funds authorized for expenditure in section 1 of this act for transportation-related functions of the Public Service Commission of Nevada may be transferred to the Transportation Services Authority created pursuant to legislation adopted by the 69th session of the Nevada Legislature.
2. Before October 1, 1997, the Public Service Commission of Nevada must submit to the Governor for his approval and for the approval of the Interim Finance Committee the proposed transfers in subsection 1.
Sec. 17. Funds authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for the special reserves for extraordinary costs of operation, repair and maintenance of fire-fighting vehicles may be expended for that purpose notwithstanding the provisions of section 5 of this act.
Sec. 18. 1. Funds authorized for expenditure in section 1 of this act for the agency for Nuclear Projects for FY 1998-99 shall be reserved by the Director of the Department of Administration. The Office of Nuclear Projects shall submit to the Interim Finance Committee no later than November 30, 1997, and May 31, 1998, semi-annual reports on federal action related to the agencys actual and anticipated revenues, actual and planned expenditures and a statement of whether the agencys system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020.
2. The Director of the Department of Administration may, with the approval of the Interim Finance Committee, release the funds reserved for FY 1998-99 for approved expenditures of the agency.
Sec. 19. Notwithstanding the provisions of NRS 353.246, the State Industrial Insurance Committee shall provide a report to the Interim Finance Committee which includes a detailed plan for marketing and advertising before obligating for expenditure any of the $3,000,000 placed in reserve for that purpose in each year of the biennium.
Sec. 20. NRS 225.140 is hereby amended to read as follows:
225.140 1. In addition to other fees authorized by law, the Secretary of State shall charge and collect the following fees:
κ1997 Statutes of Nevada, Page 889 (CHAPTER 247, SB 486)κ
For a copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, other than a document required to be filed pursuant to Title 24 of NRS, per page ................................................................. $1.00
For a copy of any document required to be filed pursuant to Title 24 of NRS, per page....................................................................................................... .50
For certifying to any such copy and use of the state seal, for each impression 5.00
For registering a mark, insigne or name................................................. 50.00
For the delivery of an attested certificate of the record of the registration of a mark, insigne or name................................................................................... 10.00
For each passport or other document signed by the Governor and attested by the Secretary of State............................................................................... 10.00
For a negotiable instrument returned unpaid....................................... 10.00
2. The Secretary of State:
(a) Shall charge a reasonable fee for searching records and documents kept in his office.
(b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.
(c) May not charge or collect a filing or other fee for:
(1) Attesting extradition papers or executive warrants for other states.
(2) Any commission or appointment issued or made by the Governor, either for the use of the state seal or otherwise.
(d) May charge a reasonable fee, not to exceed $100, for providing special services including, but not limited to, providing service on the day it is requested or within 24 hours, accepting documents filed by telecopier, and other use of new technology.
3. All fees collected pursuant to paragraph (d) of subsection 2 must be deposited with the state treasurer for credit to the account for special services of the Secretary of State in the state general fund. Any amount remaining in the account at the end of a fiscal year [must be carried forward into the next fiscal year.] in excess of $2,000,000 must be transferred to the state general fund. Money in the account may be transferred to the Secretary of States operating general fund budget account and must only be used to create and maintain the capability of the office of the Secretary of State to provide special services, including, but not limited to, providing service:
(a) On the day it is requested or within 24 hours; or
(b) Necessary to increase or maintain the efficiency of the office.
Sec. 21. 1. This section and section 20 of this act become effective on June 30, 1997.
2. Sections 1 to 19, inclusive, of this act become effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 890κ
Assembly Bill No. 97Assemblymen Evans, Anderson, Krenzer, Manendo, Close, Cegavske, Perkins, Mortenson, Herrera, Humke, Buckley, Braunlin, Collins, Price, Freeman, Parks, Koivisto, Segerblom, de Braga, Chowning, Ohrenschall, Lee, Goldwater, Bache, Neighbors, Berman, Lambert and Dini
CHAPTER 248
AN ACT relating to criminal procedure; revising the provisions relating to the time within which a prosecution for sexual assault must be commenced; and providing other matters properly relating thereto.
[Approved July 1, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of a sexual assault or a person authorized to act on behalf of a victim of a sexual assault files with a law enforcement officer a written report concerning the sexual assault, the period of limitation prescribed in NRS 171.085 and 171.095 is removed and there is no limitation of the time within which a prosecution for the sexual assault must be commenced.
2. If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.
3. If a victim of a sexual assault is under a disability during any part of the period of limitation prescribed in NRS 171.085 and 171.095 and a written report concerning the sexual assault is not otherwise filed pursuant to subsection 1, the period during which the victim is under the disability must be excluded from any calculation of the period of limitation prescribed in 171.085 and 171.095.
4. For the purposes of this section, a victim of a sexual assault is under a disability if the victim is insane, mentally retarded, mentally incompetent or in a medically comatose or vegetative state.
5. As used in this section, law enforcement officer means:
(a) A prosecuting attorney;
(b) A sheriff of a county or his deputy;
(c) An officer of a metropolitan police department or a police department of an incorporated city; or
(d) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
Sec. 2. NRS 171.085 is hereby amended to read as follows:
171.085 Except as otherwise provided in NRS 171.095 [,] and section 1 of this act, an indictment for:
κ1997 Statutes of Nevada, Page 891 (CHAPTER 248, AB 97)κ
1. Theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 4 years after the commission of the offense.
2. Any [other] felony other than murder, theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 3 years after the commission of the offense.
Sec. 3. NRS 171.095 is hereby amended to read as follows:
171.095 1. Except as otherwise provided in section 1 of this act and subsection 2:
(a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense unless a longer period is allowed by paragraph (b).
(b) An indictment must be found, or an information or complaint filed, for any offense, constituting sexual abuse of a child, as defined in NRS 432B.100, before the victim of the sexual abuse is:
(1) Twenty-one years old if he discovers or reasonably should have discovered that he was a victim of the sexual abuse by the date on which he reaches that age; or
(2) Twenty-eight years old if he does not discover and reasonably should not have discovered that he was a victim of the sexual abuse by the date on which he reaches 21 years of age.
2. If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
Sec. 4. The provisions of this act apply to a person who committed a sexual assault before the effective date of this act if the applicable statute of limitations has commenced but has not yet expired on the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 892κ
Assembly Bill No. 386Assemblymen Buckley, Goldwater, Carpenter, Perkins, Herrera, Berman, Nolan, Tiffany, Koivisto, Gustavson, Cegavske, Parks, Hickey, Segerblom, Sandoval, Ohrenschall, Manendo, Collins, Lee, Braunlin, Lambert, Freeman, Close, Amodei, Von Tobel, Neighbors, Chowning, Price, Krenzer, Evans, Hettrick and Mortenson
CHAPTER 249
AN ACT relating to electronic communication; authorizing a court clerk to accept criminal complaints and informations and certain other documents that are filed electronically; requiring such documents to contain an electronic image of the signature of the person filing the document; authorizing a public agency to use and accept electronic symbols as a substitute or supplement to a handwritten or facsimile signature under certain circumstances; requiring the secretary of state to adopt regulations concerning the use of such electronic symbols; and providing other matters properly relating thereto.
[Approved July 1, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court clerk may accept a complaint filed pursuant to this chapter that is filed electronically. A complaint that is filed electronically must contain an image of the signature of the prosecuting attorney.
2. If a court clerk accepts a complaint that is filed electronically pursuant to subsection 1, the court clerk shall acknowledge receipt of the complaint by an electronic time stamp and shall electronically return the complaint with the electronic time stamp to the prosecuting attorney. A complaint that is filed and time-stamped electronically pursuant to this section may be converted into a printed document and served upon a defendant in the same manner as a complaint that is not filed electronically.
Sec. 2. Chapter 173 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court clerk may accept an information filed pursuant to this chapter that is filed electronically. An information that is filed electronically must contain an image of the signature of the prosecuting attorney.
2. If a court clerk accepts an information that is filed electronically pursuant to subsection 1, the court clerk shall acknowledge receipt of the information by an electronic time stamp and shall electronically return the information with the electronic time stamp to the prosecuting attorney. An information that is filed and time-stamped electronically pursuant to this section may be converted into a printed document and served upon a defendant in the same manner as an information that is not filed electronically.
κ1997 Statutes of Nevada, Page 893 (CHAPTER 249, AB 386)κ
Sec. 3. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court clerk may allow any of the following documents to be filed electronically:
(a) A petition prepared and signed by the district attorney pursuant to NRS 62.128 or 62.130;
(b) A document relating to proceedings conducted pursuant to NRS 62.193; or
(c) A study and report prepared pursuant to NRS 62.197.
2. Any document that is filed electronically pursuant to this section must contain an image of the signature of the person who is filing the document.
Sec. 4. Chapter 239 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 8, inclusive, of this act.
Sec. 5. As used in sections 5 to 8, inclusive, of this act, public agency means any agency, bureau, board, commission, department or division of the State of Nevada or any political subdivision thereof.
Sec. 6. 1. Except as otherwise provided by specific statute, a public agency may:
(a) Provide that any document submitted to the public agency may be submitted electronically and may be signed with an electronic symbol; and
(b) If the recipient of a document so authorizes, use an electronic symbol as the signature of a public officer or employee of the agency on any document for which a signature is required.
2. An electronic symbol may be accepted pursuant to subsection 1 only if it is:
(a) Unique to the person for whom it is used as a signature;
(b) Capable of verification; and
(c) Linked to data in such a manner that the signature is invalidated if the data is altered.
Sec. 7. The secretary of state shall provide by regulation for the use of electronic symbols to substitute or supplement the handwritten or facsimile signature of a person as provided in section 6 of this act. Such regulations must include, without limitation:
1. The manner in which a public agency may accept an electronic symbol as a substitute or supplement to a handwritten or facsimile signature; and
2. The manner in which an electronic symbol must be verified.
Sec. 8. 1. The secretary of state may license a business to verify an electronic symbol that is used as a substitute or supplement to a handwritten or facsimile signature.
2. The secretary of state may charge a reasonable fee for such licensure.
3. The secretary of state may adopt regulations to carry out the provisions of this section.
Sec. 9. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court clerk may allow any of the following documents to be filed electronically:
κ1997 Statutes of Nevada, Page 894 (CHAPTER 249, AB 386)κ
(a) A petition signed by the district attorney pursuant to NRS 432B.510; or
(b) A report prepared pursuant to NRS 432B.540.
2. Any document that is filed electronically pursuant to this section must contain an image of the signature of the person who is filing the document.
Sec. 10. The secretary of state shall:
1. Adopt regulations pursuant to section 7 of this act not later than July 1, 1998; and
2. Consult with the department of information services, the state controller and the American Bar Association before adopting any such regulations.
________
Assembly Bill No. 218Committee on Ways and Means
CHAPTER 250
AN ACT making an appropriation to the Department of Prisons for the expenses relating to the expansion and conversion of the Nevada Womens Correctional Center to house male prisoners; and providing other matters properly relating thereto.
[Approved July 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $79,198 for expenses related to the expansion and conversion of the Nevada Womens Correctional Center to house male prisoners.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 895κ
Assembly Bill No. 217Committee on Ways and Means
CHAPTER 251
AN ACT making an appropriation to the Department of Prisons for the expansion of the Jean Conservation Camp; and providing other matters properly relating thereto.
[Approved July 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $30,400 for the expansion of the Jean Conservation Camp.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Assembly Bill No. 216Committee on Ways and Means
CHAPTER 252
AN ACT making an appropriation to the Department of Prisons for the purchase of vehicles, trucks, vans, forklifts, warehouse equipment and necessary special equipment for vehicles for Prison Number 7; and providing other matters properly relating thereto.
[Approved July 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $405,228 for the purchase of vehicles, trucks, vans, forklifts, warehouse equipment and necessary special equipment for vehicles for Prison Number 7.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 896κ
Assembly Bill No. 299Committee on Ways and Means
CHAPTER 253
AN ACT relating to state financial administration; making an appropriation to the Department of Prisons for the purchase of vehicles, computer hardware, telephone systems, a radio communication system and laundry and kitchen equipment; revising the reversion for certain previously appropriated money and authorizing the use of that money for additional Information Services; and providing other matters properly relating thereto.
[Approved July 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of Chapter 451, Statutes of Nevada 1995, at page 1422, is hereby amended to read as follows:
Section 1. There is hereby appropriated from the state general fund to the department of prisons the sum of $2,557,834 [for] to be allocated:
1. For new and replacement equipment, computer hardware and software and new and replacement vehicles [to be allocated] as follows:
Southern Nevada Correctional Center.............................................. $101,556
Nevada Womens Correctional Center................................................ $50,984
Northern Nevada Correctional Center............................................... $137,800
Nevada State Prison.............................................................................. $135,043
Southern Desert Correctional Center................................................. $329,583
Ely State Prison...................................................................................... $191,865
Northern Nevada Restitution Center.................................................... $46,278
Southern Nevada Restitution Center...................................................... $5,533
Stewart Conservation Camp................................................................. $22,855
Pioche Conservation Camp................................................................... $25,212
Indian Springs Conservation Camp..................................................... $19,612
Wells Conservation Camp..................................................................... $31,851
Humboldt Conservation Camp............................................................ $31,487
Ely Conservation Camp......................................................................... $42,916
Jean Conservation Camp....................................................................... $11,594
Silver Springs Conservation Camp......................................................... $3,212
Carlin Conservation Camp.................................................................... $42,077
Tonopah Conservation Camp................................................................. $6,308
Camp Administration............................................................................. $43,091
Medical Division...................................................................................... $72,371
Inmate Transportation......................................................................... $462,055
Fiscal and Accounting Division............................................................... $7,443
Procurement/Plant Operations.............................................................. $92,549
Inspector General...................................... $18,512 Information Services [$610,385] $158,817
κ1997 Statutes of Nevada, Page 897 (CHAPTER 253, AB 299)κ
Information Services....................................................... [$610,385] $158,817
Training Division...................................................................................... $15,662
2. For additional Information Services......................................... $451,568
Sec. 2. Section 3 of Chapter 451, Statutes of Nevada 1995, at page 1422, is hereby amended to read as follows:
Sec. 3. Any remaining balance of the appropriation made by :
1. Subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
2. Subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $1,162,203 for the purchase of vehicles, computer hardware, telephone systems, a radio communication system and laundry and kitchen equipment to be allocated as follows:
Directors Office........................................................................................... $485,716
Southern Nevada Correctional Center..................................................... $73,867
Northern Nevada Correctional Center..................................................... $120,555
Nevada State Prison.................................................................................... $108,758
Southern Desert Correctional Center........................................................ $113,844
Ely State Prison............................................................................................. $91,864
Northern Nevada Restitution Center........................................................ $25,973
Southern Nevada Restitution Center........................................................ $32,042
Pioche Conservation Camp....................................................................... $21,244
Ely Conservation Camp............................................................................. $24,608
Jean Conservation Camp........................................................................... $21,244
Silver Springs Conservation Camp........................................................... $21,244
Tonopah Conservation Camp................................................................... $21,244
Sec. 4. Any remaining balance of the appropriation made by section 3 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 898κ
Assembly Bill No. 220Committee on Ways and Means
CHAPTER 254
AN ACT relating to state financial administration; extending the prospective date for the reversion of certain previously appropriated money; authorizing a new use of certain previously appropriated money; making an appropriation to the Department of Prisons for equipment, supplies and the relocation of staff to open Phase II of the Lovelock Correctional Center; and providing other matters properly relating thereto.
[Approved July 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 80, Statutes of Nevada 1995, at page 100, is hereby amended to read as follows:
Sec. 2. There is hereby appropriated from the state general fund to the department of prisons the sum of $1,503,024, for expenses related to [the opening] Phases I and II of the Lovelock Correctional Center. [correctional facility, to be allocated as follows:
Phase I Equipment..................................................................... $1,231,787
Phase I Medical Equipment...................................................... $235,826
Phase I Nevada Criminal Information System (Lovelock Hook-Up Supplies and Equipment).................................................... $35,411]
Sec. 2. Section 4 of chapter 80, Statutes of Nevada 1995, at page 100, is hereby amended to read as follows:
Sec. 4. 1. Any remaining balance of the appropriation made by section 2 of this act in excess of $200,000 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
2. Any remaining balance of the appropriation made by section 2 of this act of $200,000 or less must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. 1. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $146,223 for supplies and the relocation of staff to open Phase II of the Lovelock Correctional Center.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1998, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. 1. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $27,738 for equipment to operate Phase II of the Lovelock Correctional Center.
κ1997 Statutes of Nevada, Page 899 (CHAPTER 254, AB 220)κ
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Senate Bill No. 29Committee on Judiciary
CHAPTER 255
AN ACT relating to criminal judgments; revising the provisions governing the collection of delinquent fines, administrative assessments, fees and restitution; allowing a court to impose a collection fee on defendants who are delinquent in paying fines, administrative assessments, fees or restitution; allowing state and local entities to contract with collection agencies to assist in the collection of delinquent fines, administrative assessments, fees or restitution; providing a penalty; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition to any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of:
(a) Not more than $100, if the amount of the delinquency is less than $2,000.
(b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000.
(c) Ten percent of the amount of the delinquency, if the amount of the delinquency is greater than $5,000.
2. A state or local entity that is responsible for collecting a delinquent fine, administrative assessment, fee or restitution may, in addition to attempting to collect the fine, administrative assessment, fee or restitution through any other lawful means, take any or all of the following actions:
(a) Report the delinquency to reporting agencies that assemble or evaluate information concerning credit.
(b) Request that the court take appropriate action pursuant to subsection 3.
κ1997 Statutes of Nevada, Page 900 (CHAPTER 255, SB 29)κ
(c) Contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amount and the collection fee. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 1, in accordance with the provisions of the contract.
3. The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, take any or all of the following actions, in the following order of priority if practicable:
(a) Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original amount and the collection fee, by attachment or garnishment of the defendants property, wages or other money receivable.
(b) Order the suspension of the drivers license of the defendant. If the defendant does not possess a drivers license, the court may prohibit the defendant from applying for a drivers license for a specified period. If the defendant is already the subject of a court order suspending or delaying the issuance of his drivers license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the drivers license of a defendant pursuant to this paragraph, the court shall require the defendant to surrender to the court all drivers licenses then held by the defendant. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. At the time the court issues an order pursuant to this paragraph delaying the ability of a defendant to apply for a drivers license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the defendants driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
(c) For a delinquent fine or administrative assessment, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.
4. Money collected from a collection fee imposed pursuant to subsection 1 must be distributed in the following manner:
(a) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a municipal court, the money must be deposited in a special fund in the appropriate city treasury. The city may use the money in the fund only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution.
(b) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a justices court or district court, the money must be deposited in a special fund in the appropriate county treasury. The county may use the money in the special fund only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution.
κ1997 Statutes of Nevada, Page 901 (CHAPTER 255, SB 29)κ
implement a program for the collection of fines, administrative assessments, fees and restitution.
(c) Except as otherwise provided in paragraph (d), if the money is collected by a state entity, the money must be deposited in an account, which is hereby created in the state treasury. The court administrator may use the money in the account only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution in this state.
(d) If the money is collected by a collection agency, after the collection agency has been paid its fee pursuant to the terms of the contract, any remaining money must be deposited in the state, city or county treasury, whichever is appropriate, to be used only for the purposes set forth in paragraph (a), (b) or (c) of this subsection.
Sec. 2. NRS 176.065 is hereby amended to read as follows:
176.065 1. Except as otherwise provided in subsection 2, [whenever] when a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, [he must] the court may, pursuant to section 1 of this act, order that the person be confined in the state prison, the city or county jail or a detention facility, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each [$25] $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but his eligibility for parole is governed only by his sentence of imprisonment.
2. The provisions of this section do not apply to indigent persons.
Sec. 3. NRS 176.075 is hereby amended to read as follows:
176.075 1. Except as otherwise provided in subsection 2, [whenever] when a person is sentenced to pay a fine or forfeiture without an accompanying sentence of imprisonment, [he must] the court may, pursuant to section 1 of this act, order that the person be confined in the city or county jail or detention facility for a period of not more than 1 day for each [$25] $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied.
2. The provisions of this section do not apply to indigent persons.
Sec. 4. NRS 483.443 is hereby amended to read as follows:
483.443 1. The department shall, upon receiving notification from a district attorney or other public agency collecting support for children that a court has determined a person is in arrears in the payment for the support of a child pursuant to NRS 425.3837, send a written notice to that person that his license is subject to suspension. The notice must include:
(a) The reason for the suspension of the license;
(b) The information set forth in subsections 2, [3 and 4;] 4 and 5; and
(c) Any other information the department deems necessary.
2. If a person who receives a notice pursuant to subsection 1 does not satisfy the arrearage as required in NRS 425.3837 within 30 days after he receives the notice, the department shall suspend his license.
κ1997 Statutes of Nevada, Page 902 (CHAPTER 255, SB 29)κ
3. The department shall suspend immediately the license of a defendant if so ordered pursuant to section 1 of this act.
4. The department shall reinstate the drivers license of a person whose license was suspended pursuant to this section if it receives:
(a) A notice from the district attorney or other public agency pursuant to NRS 425.3837 that the person has satisfied the arrearages pursuant to that section [;] or from a district judge that a delinquency for which the suspension was ordered pursuant to section 1 of this act has been discharged; and
(b) Payment of the fee for reinstatement of a suspended license prescribed in NRS 483.410.
[4.] 5. The department shall not require a person whose drivers license was suspended pursuant to this section to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of the reinstatement of his license.
Sec. 5. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997, for which any fine, administrative assessment, fee or restitution is ordered pursuant to the provisions of chapter 176 of NRS.
Sec. 6. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.
________
Senate Bill No. 131Senators James and Titus
CHAPTER 256
AN ACT relating to controlled substances; increasing the penalty for the administration of a controlled substance to aid in the commission of a crime of violence; increasing the penalties for certain offenses involving flunitrazepam; making it unlawful to possess, possess for sale or traffick in gamma-hydroxybutyrate; providing penalties; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who causes to be administered to another person any controlled substance without that persons knowledge and with the intent thereby to enable or assist himself or any other person to commit a crime of violence against that person or the property of that person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
2. As used in this section:
κ1997 Statutes of Nevada, Page 903 (CHAPTER 256, SB 131)κ
(a) Controlled substance includes flunitrazepam and gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor as defined in NRS 453.086.
(b) Crime of violence means:
(1) Any offense involving the use or threatened use of force or violence against the person or property of another; or
(2) Any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.
(c) Without a persons knowledge means the person is unaware that a substance that can alter his ability to appraise conduct or to decline participation in or communicate an unwillingness to participate in conduct has been administered to him.
Sec. 2. NRS 200.405 is hereby amended to read as follows:
200.405 [A] Unless a greater penalty is provided in section 1 of this act, a person who administers to another person any chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating or emetic agent, with the intent thereby to enable or assist himself or any other person to commit a felony, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years.
Sec. 3. NRS 453.336 is hereby amended to read as follows:
453.336 1. It is unlawful for a person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, physicians assistant, dentist, podiatric physician or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.
2. Except as otherwise provided in subsections 3 , [and] 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:
(a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.
(b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
(c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.
(d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.
3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
κ1997 Statutes of Nevada, Page 904 (CHAPTER 256, SB 131)κ
B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided in NRS 212.160, a person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:
(a) For the first and second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(b) For a third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
[4.] 5. Before sentencing under the provisions of subsection [3] 4 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall:
(a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and
(b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information.
6. As used in this section, controlled substance includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
Sec. 4. NRS 453.337 is hereby amended to read as follows:
453.337 1. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance classified in schedule I or II.
2. Unless a greater penalty is provided in NRS 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:
(a) For the first offense, for a category D felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
κ1997 Statutes of Nevada, Page 905 (CHAPTER 256, SB 131)κ
3. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2.
Sec. 5. NRS 453.3385 is hereby amended to read as follows:
453.3385 Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I, except marihuana, or any mixture which contains any such controlled substance , shall be punished, if the quantity involved:
1. Is 4 grams or more, but less than 14 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not more than $50,000.
2. Is 14 grams or more, but less than 28 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $100,000.
3. Is 28 grams or more, for a category A felony by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,
and by a fine of not more than $500,000.
Sec. 6. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
________
Senate Bill No. 74Committee on Judiciary
CHAPTER 257
AN ACT relating to convicted persons; eliminating the provisions that allow a court to commit certain convicted persons to the custody of the department of prisons for an evaluation; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.105 is hereby amended to read as follows:
176.105 1. If a defendant is found guilty and is [:
(a) To be committed to the custody of the director of the department of prisons for an evaluation by the department, the judgment of conviction must set forth the plea, the verdict or finding and the adjudication.
κ1997 Statutes of Nevada, Page 906 (CHAPTER 257, SB 74)κ
(b) Sentenced] sentenced as provided by law, the judgment of conviction must set forth:
[(1)] (a) The plea;
[(2)] (b) The verdict or finding;
[(3)] (c) The adjudication and sentence, including the date of the sentence, any term of imprisonment, the amount and terms of any fine, restitution or administrative assessment, a reference to the statute under which the defendant is sentenced and, if necessary to determine eligibility for parole, the applicable provision of the statute; and
[(4)] (d) The exact amount of credit granted for time spent in confinement before conviction, if any.
2. If the defendant is found not guilty, or for any other reason is entitled to be discharged, judgment must be entered accordingly.
3. The judgment must be signed by the judge and entered by the clerk.
Sec. 2. NRS 209.341 is hereby amended to read as follows:
209.341 The director shall:
1. [With] Establish, with the approval of the board, [establish] a system of initial classification and evaluation for offenders who are [committed to him for evaluation by the department or] sentenced to imprisonment in the state prison; and
2. Assign every person [who is committed to him for evaluation by the department or] who is sentenced to imprisonment in the state prison to an appropriate institution or facility of the department. The assignment must be based on an evaluation of the offenders records, particular needs and requirements for custody.
Sec. 3. NRS 209.385 is hereby amended to read as follows:
209.385 1. Each offender committed to the custody of the department for [evaluation or] imprisonment shall submit to such initial tests as the director determines appropriate to detect exposure to the human immunodeficiency virus. Each such test must be approved by regulation of the state board of health. At the time the offender is committed to custody and after [any] an incident involving the offender:
(a) The appropriate approved tests must be administered; and
(b) The offender must receive counseling regarding the virus.
2. If the results of [any] an initial test are positive, the offender shall submit to such supplemental tests as the director determines appropriate. Each such test must be approved for the purpose by regulation of the state board of health.
3. If the results of [any] a supplemental test are positive, the name of the offender must be disclosed to:
(a) The director;
(b) The administrative officers of the department who are responsible for the classification and medical treatment of offenders;
(c) The manager or warden of the facility or institution at which the offender is confined; and
(d) Each other employee of the department whose normal duties involve him with the offender or require him to come into contact with the blood or bodily fluids of the offender.
κ1997 Statutes of Nevada, Page 907 (CHAPTER 257, SB 74)κ
4. The offender must be segregated from every other offender whose test results are negative if:
(a) The results of [any] a supplemental test are positive; and
(b) The offender engages in behavior that increases the risk of transmitting the virus, such as battery, the infamous crime against nature, sexual intercourse in its ordinary meaning or illegal intravenous injection of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.
5. The director, with the approval of the board:
(a) Shall establish for inmates and employees of the department an educational program regarding the virus whose curriculum is provided by the health division of the department of human resources. [Any] A person who provides instruction for this program must be certified to do so by the health division.
(b) May adopt such regulations as are necessary to carry out the provisions of this section.
6. As used in this section:
(a) Incident means [any] an occurrence, of a kind specified by regulation of the state board of health, that entails a significant risk of exposure to the human immunodeficiency virus.
(b) Infamous crime against nature means anal intercourse, cunnilingus or fellatio between natural persons of the same sex.
Sec. 4. NRS 176.158 is hereby repealed.
Sec. 5. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
________
Senate Bill No. 49Committee on Human Resources and Facilities
CHAPTER 258
AN ACT relating to county hospitals; authorizing supervising boards of county hospitals to contract for the provision of certain treatment on a periodic prepaid basis; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 450.410 is hereby amended to read as follows:
450.410 1. Supervising boards of county hospitals may [provide] :
(a) Provide for treatment to sick or injured persons and require the payment of reasonable charges therefor.
(b) Contract for the provision of such treatment on a periodic prepaid basis with any person authorized by the commissioner of insurance pursuant to Title 57 of NRS to arrange for or provide health care services on a periodic prepaid basis.
The treatment of such persons must not be permitted to interfere with the treatment of purely charitable cases.
κ1997 Statutes of Nevada, Page 908 (CHAPTER 258, SB 49)κ
2. Every person treated by a county hospital and required to pay charges for hospitalization, shall pay the charges fixed by the supervising board therefor, which charges, when paid, must be paid forthwith into the county treasury and deposited to the credit of the hospital fund.
3. Every person treated by a county hospital and required to pay charges to the hospital has the right to the services of a physician or surgeon of his own choice, and has the right to employ such special nurses as may be necessary, but the cost of the physician, surgeon or nurses must not become a claim against the county.
4. Supervising boards shall fix and determine reasonable charges to be paid by sick and injured persons treated by county hospitals, which charges must include the board and lodging of the person and the customary use of hospital facilities by the person admitted.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 417Committee on Finance
CHAPTER 259
AN ACT relating to vital statistics; revising the provisions governing the fees for services and copies of records concerning vital statistics; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 440.700 is hereby amended to read as follows:
440.700 1. The state registrar shall charge and collect the following fees:
For searching the files for one name, if no copy is made....... [$4] $8
For verifying a vital record.............................................................. [4] 8
For establishing and filing a record of paternity (other than a hospital-based paternity), and providing a certified copy of the new record 20
For a certified copy of a record of birth............................................ 11
For a certified copy of a record of death.......................................... 8
For correcting a record on file with the state registrar and providing a certified copy of the corrected record.................................................. [13] 20
For replacing a record on file with the state registrar and providing a certified copy of the new record........................................................... [13] 20
For filing a delayed certificate of birth and providing a certified copy of the certificate.................................................................................. [13] 20
For the services of a notary public, provided by the state registrar [1] 2 For an index of records of marriage [certificates] provided on microfiche to a person other than a county recorder of a county of this state............................................................. 200
κ1997 Statutes of Nevada, Page 909 (CHAPTER 259, SB 417)κ
For an index of records of marriage [certificates] provided on microfiche to a person other than a county recorder of a county of this state....................... ..................................................................................................... 200
For an index of records of divorce [certificates] provided on microfiche to a person other than a county recorder of a county in this state 100
For compiling data files which require specific changes in computer programming................................................................................... 200
2. The fee collected for furnishing a copy of a certificate of birth or death must include the sum of $3 for credit to the childrens trust account.
3. Upon the request of any parent or guardian, the state registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.
4. The United States Bureau of the Census may obtain, without expense to the state, transcripts or certified copies of births and deaths without payment of a fee.
Sec. 2. This act becomes effective on July 1, 1997.
________
Senate Bill No. 186Committee on Finance
CHAPTER 260
AN ACT making an appropriation to the Office of the Lieutenant Governor for office equipment; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Office of the Lieutenant Governor the sum of $7,673 for office equipment in the Carson City office.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 910κ
Senate Bill No. 185Committee on Finance
CHAPTER 261
AN ACT making an appropriation to the Department of Human Resources for the remodeling of the canteen for the Southern Nevada Adult Mental Health Services; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $43,585 for the remodeling of the canteen for the Southern Nevada Adult Mental Health Services.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Senate Bill No. 440Committee on Natural Resources
CHAPTER 262
AN ACT relating to mining reclamation; expanding the program for the pooling of reclamation performance bonds to include certain persons who engage in mining operations, exploration projects or small exploration projects; requiring each operator or other person who participates in the program to execute an agreement of indemnity; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 519A.290 is hereby amended to read as follows:
519A.290 1. The division of minerals of the department of business and industry shall develop and administer a program providing for the pooling of reclamation performance bonds to assist [operators to meet] :
(a) An operator to comply with the bonding and surety requirements of this chapter [.] ;
(b) A person who engages in small mining operations or small exploration projects to comply with the requirements for financial guarantees set forth in the regulations adopted pursuant to 43 U.S.C. § 1740; or
(c) A person who engages in mining operations, small mining operations, exploration projects or small exploration projects to comply with the bonding requirements imposed pursuant to an ordinance adopted by a county in this state.
κ1997 Statutes of Nevada, Page 911 (CHAPTER 262, SB 440)κ
bonding requirements imposed pursuant to an ordinance adopted by a county in this state.
2. The program must:
(a) Be designed to reduce the financial burden of obtaining a reclamation performance bond for mining operations, small mining operations [;] , exploration projects or small exploration projects;
(b) Require each operator or any other person who participates in the program to [pay] :
(1) Pay an amount into the pool each year which annually is actuarially determined to enable the program to be self-sustaining;
(2) Execute an agreement of indemnity on a form provided by the division of minerals; and
(3) Provide collateral or other security approved by the administrator of the division of minerals if the administrator considers it necessary to ensure against the forfeiture of a reclamation performance bond;
(c) Use the money in the pool to cover the bonded liability of the operators and any other persons who participate in the program;
(d) Provide a limit on the total bonded liability of any person [that] who may be covered under the program; and
(e) Provide conditions for the release and forfeiture of bonds . [ and bond forfeiture.
2.] 3. The division of minerals shall adopt regulations relating to the development and administration of the program.
[3. In the event that an operators]
4. If the reclamation performance bond of an operator or any other person who participates in the program is forfeited, the attorney general may bring an action in the name of the State of Nevada in any court of competent jurisdiction against the operator or such other person to recover the costs incurred by the program in the reclamation of the land.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 177Committee on Finance
CHAPTER 263
AN ACT making an appropriation from the state highway fund to the Department of Motor Vehicles and Public Safety for the conversion of the VHF portable radios of the Nevada Highway Patrol from low band to high band; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $2,132,604 for the conversion of the VHF portable radios of the Nevada Highway Patrol from low band to high band.
κ1997 Statutes of Nevada, Page 912 (CHAPTER 263, SB 177)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Assembly Bill No. 520Committee on Taxation
CHAPTER 264
AN ACT relating to taxation; clarifying the provisions governing the administration of the sales and use taxes to ensure that all retailers of large appliances collect the sales tax on the retail sales price of the appliance; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In administering the provisions of this chapter, the department shall calculate the amount of tax imposed on the retail sale of large appliances as follows:
(a) If the large appliance is sold separately or with installation or replacement services, or any combination thereof, the sales tax must be applied to the retail sales price of the large appliance to the customer. The sales tax does not apply to charges for or associated with installation and replacement if those charges are stated separately on the sales receipt or in the contract of sale.
(b) If the large appliance is sold as a constituent part of a contract for the construction or refurbishment of an improvement to real property or a mobile home, the sales tax must be paid by the contractor on the sales price of the large appliance to the contractor.
2. As used in this section:
(a) Contract for the construction or refurbishment of an improvement to real property means a contract for erecting, constructing or affixing a structure or other improvement to real property or a mobile home, including the remodeling, altering or repairing of an improvement to real property or a mobile home. The term does not include the sale, delivery, installation or replacement of one or more large appliances not included in a contract for erecting, constructing or affixing a structure or other improvement to real property or a mobile home.
(b) Large appliance includes, without limitation, a washing machine, dryer, range, stove, oven, dishwasher, refrigerator, freezer, ice maker and hot water dispenser.
(c) Replacement means the removal of an old large appliance and the installation of a new large appliance.
κ1997 Statutes of Nevada, Page 913 (CHAPTER 264, AB 520)κ
Sec. 2. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In administering the provisions of this chapter, the department shall calculate the amount of tax imposed on the retail sale of large appliances as follows:
(a) If the large appliance is sold separately or with installation or replacement services, or any combination thereof, the sales tax must be applied to the retail sales price of the large appliance to the customer. The sales tax does not apply to charges for or associated with installation and replacement if those charges are stated separately on the sales receipt or in the contract of sale.
(b) If the large appliance is sold as a constituent part of a contract for the construction or refurbishment of an improvement to real property or a mobile home, the sales tax must be paid by the contractor on the sales price of the large appliance to the contractor.
2. As used in this section:
(a) Contract for the construction or refurbishment of an improvement to real property means a contract for erecting, constructing or affixing a structure or other improvement to real property or a mobile home, including the remodeling, altering or repairing of an improvement to real property or a mobile home. The term does not include the sale, delivery, installation or replacement of one or more large appliances not included in a contract for erecting, constructing or affixing a structure or other improvement to real property or a mobile home.
(b) Large appliance includes, without limitation, a washing machine, dryer, range, stove, oven, dishwasher, refrigerator, freezer, ice maker and hot water dispenser.
(c) Replacement means the removal of an old large appliance and the installation of a new large appliance.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 183Committee on Finance
CHAPTER 265
AN ACT making an appropriation for the costs of automation of the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety the sum of $595,782 for the costs of automation.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1997 Statutes of Nevada, Page 914 (CHAPTER 265, SB 183)κ
reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Senate Bill No. 180Committee on Finance
CHAPTER 266
AN ACT relating to information systems; providing immunity to the state and its immune contractors, officers, employees and political subdivisions from any civil action based on or action for a breach of contract that is caused by a computer that produced, calculated or generated an incorrect date, regardless of the cause of the error; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. No cause of action, including, without limitation, any civil action or action for declaratory or injunctive relief, may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the state or any of its agencies or political subdivisions on the basis that a computer or other information system that is owned or operated by any of those persons produced, calculated or generated an incorrect date, regardless of the cause of the error.
2. Any contract entered into by or on behalf of and in the capacity of the State of Nevada, an immune contractor or an officer or employee of the state or any of its agencies or political subdivisions must include a provision that provides immunity to those persons for any breach of contract that is caused by an incorrect date being produced, calculated or generated by a computer or other information system that is owned or operated by any of those persons, regardless of the cause of the error.
3. Any contract subject to the provisions of this section that is entered into on or after June 30, 1997, has the legal effect of including the immunity required by this section, and any provision of the contract which is in conflict with this section is void.
Sec. 2. NRS 41.0307 is hereby amended to read as follows:
41.0307 As used in NRS 41.031 to 41.039, inclusive [:] and section 1 of this act:
1. Employee includes an employee of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
2. Employment includes any services performed by an immune contractor.
3. Immune contractor means any natural person, professional corporation or professional association which:
κ1997 Statutes of Nevada, Page 915 (CHAPTER 266, SB 180)κ
(a) Is an independent contractor with the state pursuant to NRS 284.173; and
(b) Contracts to provide medical services for the department of prisons.
As used in this subsection, professional corporation and professional association, have the meanings ascribed to them in NRS 89.020.
4. Public officer or officer includes:
(a) A member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
(b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.
(c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.
Sec. 3. There is hereby appropriated from the state general fund to the Department of Administration the sum of $1,570,856 for the costs of converting existing information systems of state agencies to systems that will function in the new millennium.
Sec. 4. Any remaining balance of the appropriation made by section 3 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier, and expires by limitation on December 30, 2005.
________
Senate Bill No. 405Committee on Government Affairs
CHAPTER 267
AN ACT relating to the fund for insurance premiums; making various changes concerning deposits to and expenditures from the fund; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 331.187 is hereby amended to read as follows:
331.187 1. There is created in the state treasury the fund for insurance premiums as an internal service fund to be maintained for the use of the risk management division of the department of administration.
2. Each state agency shall deposit in the fund an amount equal to its insurance premium and other charges for potential liability, self-insured claims, other than self-insured tort claims, and administrative expenses, as determined by the risk management division.
3. Expenditures from the fund must be made by the risk management division to the insurer for premiums of state agencies as they become due and for claims which are obligations of the state pursuant to NRS 41.0349 and 41.037.
κ1997 Statutes of Nevada, Page 916 (CHAPTER 267, SB 405)κ
and for claims which are obligations of the state pursuant to NRS 41.0349 and 41.037. If the money in the fund is insufficient to pay [the] a claim, it must be paid from the reserve for statutory contingency account.
Sec. 2. NRS 331.188 is hereby amended to read as follows:
331.188 1. [Insurance recovery accounts in the fund for insurance premiums may be established as necessary.] Except as otherwise provided in subsection [4,] 2, all money received from insurance companies in payment of losses incurred upon buildings and other property belonging to the state must be deposited in [these accounts.
2. Money in these accounts may be expended only by the board, commission or officer having control or management of the buildings or other property damaged or destroyed for the repair, replacement or reconstruction of the damaged or destroyed property, and the money must be paid out on claims as other claims against the state are paid.
3. Any unexpended amount remaining in an insurance recovery account 3 years after the creation of the account, reverts to the state general fund.
4. This section does not apply to money] the fund for insurance premiums.
2. Money received from insurance companies under first-party coverage in payment of losses incurred upon buildings and other property controlled and administered by the department of transportation [. That money] must be deposited in the state highway fund.
Sec. 3. Section 3 of Assembly Bill No. 324 of this session is hereby amended to read as follows:
Sec. 3. NRS 331.187 is hereby amended to read as follows:
331.187 1. There is created in the state treasury the fund for insurance premiums as an internal service fund to be maintained for [the use of] use by the risk management division of the department of administration [.] and the attorney general.
2. Each state agency shall deposit in the fund [an] :
(a) An amount equal to its insurance premium and other charges for potential liability, self-insured claims, other than self-insured tort claims, and administrative expenses, as determined by the risk management division [.] ; and
(b) An amount for self-insured tort claims and expenses related to those claims, as determined by the attorney general.
3. Expenditures from the fund must be made by the risk management division [to] or the attorney general to an insurer for premiums of state agencies as they become due [and for claims which are obligations of the state pursuant to NRS 41.0349 and 41.037.] or for deductibles, self-insured property and tort claims or claims pursuant to NRS 41.0349. If the money in the fund is insufficient to pay a tort claim, it must be paid from the reserve for statutory contingency account.
Sec. 4. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 917κ
Senate Bill No. 406Committee on Judiciary
CHAPTER 268
AN ACT relating to the criminal justice system; requiring the attorney general, a prosecuting attorney and an agency of criminal justice in this state to respond promptly to a request from the department of prisons for information regarding pending charges against an offender; making various other changes concerning the procedure for requesting that an offender be released to an agency of criminal justice upon release from the custody of the department of prisons; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the attorney general, a prosecuting attorney or an agency of criminal justice in this state receives a request from the department of prisons, it shall respond in writing within 14 working days setting forth any charges that are pending against the offender.
2. If the attorney general, a prosecuting attorney or an agency of criminal justice indicates in its response pursuant to subsection 1 that felony charges are pending against an offender, it shall, or if misdemeanor charges are pending against an offender, it may, request in the response that upon release of the offender from the custody of the department of prisons, the department release the offender to an agency of criminal justice in this state that is authorized to detain a person pending prosecution. The attorney general, a prosecuting attorney or an agency of criminal justice may submit such a request to the department of prisons at any other time, if charges are filed against an offender.
3. If an offender is convicted, acquitted or the charges against him are dropped after a request was submitted pursuant to this section, the attorney general, prosecuting attorney or agency of criminal justice who submitted the request shall withdraw the request by providing a certified copy of the judgment to the department of prisons if the offender was convicted or acquitted, or by providing proof to the department that the charges were dropped.
4. The attorney general, a prosecuting attorney or an agency of criminal justice shall notify the department of prisons upon receipt of a detainer against an inmate from another jurisdiction who is transferred to the custody of the department of prisons.
Sec. 2. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
________
κ1997 Statutes of Nevada, Page 918κ
Senate Bill No. 184Committee on Finance
CHAPTER 269
AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for the conversion of VHF portable radios from low band to high band; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Motor Vehicles and Public Safety the sum of $794,949 for the conversion of VHF portable radios from low band to high band.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Senate Bill No. 172Committee on Finance
CHAPTER 270
AN ACT making an appropriation to restore the balance in the reserve for statutory contingency account; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the reserve for statutory contingency account, created by NRS 353.264, the sum of $565,369 to restore the balance in the account to approximately $1,700,000.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 919κ
Assembly Bill No. 448Assemblymen Evans, Dini, Marvel, Arberry, Hettrick, Koivisto, Perkins, Carpenter, Lambert, Amodei, Hickey, Cegavske, Collins and Manendo
CHAPTER 271
AN ACT relating to state financial administration; extending the prospective date for the reversion of certain previously appropriated money; making an appropriation to the Department of Business and Industry for the operating expenses of a program to provide small businesses with access to financing not otherwise available; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 276 of Statutes of Nevada 1995, at page 458, is hereby amended to read as follows:
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [1997,] 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. 1. There is hereby appropriated from the state general fund to the Department of Business and Industry the sum of $100,000 to carry out the provisions of subsection 2.
2. The Department of Business and Industry may use the money appropriated by subsection 1 and the money appropriated by subsection 1 of section 1 of chapter 276 of Statutes of Nevada 1995, at page 458, to contract with a private corporation to manage a privately capitalized fund, or pool of funds, used to provide small businesses in this state with access to financing not otherwise available to those businesses if:
(a) Legally binding commitments of at least $5,000,000, including any legally binding commitments made pursuant to the conditions set forth in subsection 2 of section 1 of chapter 276 of Statutes of Nevada 1995, at page 458, have been made by private sources of funding to capitalize the fund or pool of funds.
(b) The contract:
(1) Restricts the use of any money paid to the corporation pursuant to this subsection to payment of a portion of the direct operating expenses of the corporation incurred during the initial 3 years of its management of the fund or pool of funds.
(2) Prohibits the corporation from using any money paid to the corporation pursuant to this subsection to pay any of the expenses of organizing or capitalizing the fund or pool of funds.
(c) The corporation has an adequate managerial structure in place to carry out the provisions of the contract.
3. A corporation that receives any money pursuant to subsection 2 shall submit to the 70th session of the Nevada Legislature a written report of its expenditure of that money and its success in providing small businesses in this state with access to financing not otherwise available to those businesses.
κ1997 Statutes of Nevada, Page 920 (CHAPTER 271, AB 448)κ
this state with access to financing not otherwise available to those businesses.
Sec. 3. Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Senate Bill No. 75Committee on Judiciary
CHAPTER 272
AN ACT relating to victims of crime; revising the provisions governing the limitation on compensation for aid to certain victims of crime; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.200 is hereby amended to read as follows:
217.200 1. The compensation officer may order the payment of compensation and the award of a governors certificate for meritorious citizens service to a victim for:
(a) Medical expenses, expenses for psychological counseling and nonmedical remedial care and treatment rendered in accordance with a religious method of healing, that are actually and reasonably incurred as a result of the personal injury or death of the victim;
(b) Loss of earnings or support not to exceed $300 per week that is reasonably incurred as a result of the total or partial incapacity of the victim for not longer than 52 weeks;
(c) Pecuniary loss to the dependents of a deceased victim;
(d) Funeral expenses, not in excess of $2,500, that are actually and reasonably incurred as a result of the death of the victim; and
(e) Another loss which results from the personal injury or death of the victim and which the compensation officer determines to be reasonable.
2. The compensation officer may order the payment of compensation for a person who pays the funeral expenses of a victim.
3. An award must not be made [:
(a) For more than $15,000 if the crime committed did not involve extreme violence resulting in serious physical injury to the victim; or
(b) For more than $25,000 if the crime committed involved extreme violence resulting in serious physical injury to the victim.] for more than $50,000.
Sec. 2. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 921κ
Senate Bill No. 247Senator Neal
CHAPTER 273
AN ACT relating to facilities for storage; providing that certain provisions in rental agreements for facilities for storage relating to liability for loss or theft of personal property must be printed in a certain manner; requiring such rental agreements to contain a statement advising the occupant to purchase insurance for his personal property; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 108.4755 is hereby amended to read as follows:
108.4755 1. Each rental agreement must be in writing and must contain:
(a) A provision printed in a size equal to at least 10-point type that states, IT IS UNLAWFUL TO USE THIS STORAGE FACILITY AS A RESIDENCE.
(b) A statement that the occupants personal property will be subject to a claim for a lien and may be sold to satisfy that lien if the rent or other charges described in the rental agreement remain unpaid for 14 consecutive days.
2. If any provision of the rental agreement provides that an owner, lessor, operator, manager or employee of the facility, or any combination thereof, is not liable, jointly or severally, for any loss or theft of personal property stored in the facility, the provision is unenforceable unless:
(a) The rental agreement contains a statement advising the occupant to purchase insurance for his personal property stored in the facility and informing him that such insurance is available through most insurers;
(b) The provision and the statement are:
(1) Printed in all capital letters or, if the rental agreement is printed in all capital letters, printed in all capital letters and boldface type, italic type or underlined type; and
(2) Printed in a size equal to at least 10-point type or, if the rental agreement is printed in 10-point type or larger, printed in type that is at least 2 points larger than the size of type used for other provisions of the rental agreement; and
(c) The provision is otherwise enforceable pursuant to the laws of this state.
3. NRS 108.473 to 108.4783, inclusive, do not apply and the lien for charges for storage does not attach unless the rental agreement contains a space for the occupant to provide the name and address of an alternative person to whom the notices under those sections may be sent. The occupants failure to provide an alternative address does not affect the owners remedies under those sections.
[3.] 4. The parties may agree in the rental agreement to additional rights, obligations or remedies other than those provided by NRS 108.473 to 108.4783, inclusive.
κ1997 Statutes of Nevada, Page 922 (CHAPTER 273, SB 247)κ
108.4783, inclusive. The rights provided in those sections are in addition to any other rights of a creditor against his debtor.
Sec. 2. The amendatory provisions of this act do not apply to rental agreements, as defined in NRS 108.4745, that are executed before October 1, 1997.
________
Assembly Bill No. 440Committee on Health and Human Services
CHAPTER 274
AN ACT relating to nursing; excluding certain persons from the definition of a nursing assistant; revising provisions governing nurses and nursing assistants; revising provisions governing the certification of nursing assistants; providing an administrative fine for the violation of certain provisions concerning nursing assistants; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 632.0166 is hereby amended to read as follows:
632.0166 1. Nursing assistant means a person who, under the direction of a licensed nurse [in a medical facility] and for compensation, performs basic restorative services and basic nursing services which are directed at the safety, comfort, personal hygiene, basic mental health and protection of patients and the protection of patients rights.
2. The term does not include a person who is employed by this state or under contract with this state to provide, or assist in the provision of, personal care of other persons if he does not primarily perform acts that are within the authorized scope of practice of a nursing assistant.
Sec. 2. NRS 632.285 is hereby amended to read as follows:
632.285 1. Any person, except a nursing assistant trainee, who for compensation practices or offers to practice as a nursing assistant in this state [is required to] shall submit evidence that he is qualified so to practice and must be certified as provided in this chapter.
2. It is unlawful for any person:
(a) To practice or to offer to practice as a nursing assistant in this state or to use any title, abbreviation, sign, card or device to indicate that he is practicing as a nursing assistant in this state unless he has been certified pursuant to the provisions of this chapter.
(b) Except as otherwise provided in NRS 629.091, who does not hold a certificate authorizing him to practice as a nursing assistant issued pursuant to the provisions of this chapter to perform or offer to perform basic nursing services in this state, unless the person is a nursing assistant trainee.
(c) To be employed as a nursing assistant trainee for more than 4 months.
3. The executive director of the board may, on behalf of the board, issue an order to cease and desist to any person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.
κ1997 Statutes of Nevada, Page 923 (CHAPTER 274, AB 440)κ
practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.
4. The executive director of the board shall forward to the appropriate law enforcement agency any information submitted to the board concerning a person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.
Sec. 3. NRS 632.315 is hereby amended to read as follows:
632.315 1. For the purposes of safeguarding life and health and maintaining high professional standards among nurses in this state, any person who for compensation practices or offers to practice nursing in this state [must] shall submit evidence that he is qualified to practice and must be licensed as provided in this chapter.
2. Any person who:
(a) Practices or offers to practice nursing in this state or uses any title, abbreviation, sign, card or device to indicate that he is practicing nursing in this state unless that person has been licensed pursuant to the provisions of this chapter; or
(b) Does not hold a valid and subsisting license to practice nursing issued pursuant to the provisions of this chapter who practices or offers to practice in this state as a registered nurse, licensed practical nurse, graduate nurse, trained nurse, certified nurse or under any other title or designation suggesting that he possesses qualifications and skill in the field of nursing,
is guilty of a misdemeanor.
3. The executive director of the board may, on behalf of the board, issue an order to cease and desist to any person who [is practicing] practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.
4. The executive director of the board shall forward to the appropriate law enforcement agency any information submitted to the board concerning a person who [is practicing] practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.
Sec. 4. NRS 632.342 is hereby amended to read as follows:
632.342 1. The certificate of a nursing assistant must be renewed biennially on the date of the certificate holders birthday.
2. The board shall renew a certificate if the applicant:
(a) Submits a completed written application and the fee required by this chapter;
(b) Submits documentation of completion of continuing training, as required by the board, in the previous 24 months ; [in the type of facility in which he works;]
(c) Has not committed any acts which are grounds for disciplinary action, unless the board determines that sufficient restitution has been made or the act was not substantially related to nursing; and
(d) Submits documentation of employment as a nursing assistant during the 2 years immediately preceding the date of the renewal.
The training program completed pursuant to paragraph (b) must be approved by the board.
κ1997 Statutes of Nevada, Page 924 (CHAPTER 274, AB 440)κ
3. Failure to renew the certificate results in forfeiture of the right to practice unless the nursing assistant qualifies for the issuance of a new certificate.
4. Renewal of a certificate becomes effective on the date on which the application is filed or the date on which the renewal fee is paid, whichever is the later.
Sec. 5. NRS 632.490 is hereby amended to read as follows:
632.490 1. The board shall cause the prosecution of all persons violating the provisions of this chapter.
2. The board, or any person designated by the board, may prefer a complaint for a violation of NRS 632.285 or 632.315 before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.
Sec. 6. NRS 632.495 is hereby amended to read as follows:
632.495 1. In addition to any other penalty:
(a) The board may issue a citation to a person who violates the provisions of NRS 632.285 or 632.315. A citation issued pursuant to this paragraph must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 2. A separate citation must be issued for each violation. If appropriate, the citation must contain an order of abatement of the violation.
(b) The board shall assess an administrative fine of:
(1) For the first violation, $500.
(2) For the second violation, $1,000.
(3) For the third or subsequent violation, $1,500.
2. To appeal the finding of a violation of NRS 632.285 or 632.315, the person must request a hearing by written notice of appeal to the board within 30 days after the date of issuance of the citation.
________
Senate Bill No. 431Committee on Commerce and Labor
CHAPTER 275
AN ACT relating to accountants; revising provisions governing the allowable forms of business entities for the practice of public accounting; revising provisions governing the registration of offices established or maintained for the practice of public accounting; authorizing a fee for the registration of such offices; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 628.325 is hereby amended to read as follows:
628.325 1. One or more natural persons may organize a corporation for the practice of public accounting under the Professional Corporations and Associations Act, chapter 89 of NRS. The corporation is not required to have more directors than shareholders, but at least one director must be a shareholder.
κ1997 Statutes of Nevada, Page 925 (CHAPTER 275, SB 431)κ
have more directors than shareholders, but at least one director must be a shareholder. The other directors need not, but may, be shareholders.
2. One or more natural persons may [organize] :
(a) Organize a corporation pursuant to chapter 78 of NRS;
(b) Qualify to do business as a foreign corporation pursuant to chapter 80 of NRS;
(c) Organize a limited-liability company pursuant to chapter 86 of NRS ; or
(d) Register as a foreign limited-liability company pursuant to chapter 86 of NRS,
to practice public accounting. [Organization in this form does]
3. The organization, qualification or registration of a corporation or company pursuant to subsection 2:
(a) Does not modify [the] :
(1) The relationship between an accountant and a client [, or] ;
(2) The liability arising out of that relationship [, but this section does] ; or
(3) The compliance of the corporation or company with this chapter or any regulations adopted pursuant thereto.
(b) Does not render:
[(a)] (1) A person liable in tort for any act in which he has not personally participated.
[(b)] (2) The manager, a member or an employee of a limited-liability company liable in contract for any contract which he executes on behalf of a limited-liability company within the limits of his authority.
Sec. 2. NRS 628.340 is hereby amended to read as follows:
628.340 1. A partnership engaged in this state in the practice of public accounting shall register with the board as a partnership of certified public accountants and meet the following requirements:
(a) At least one general partner must be a certified public accountant of this state in good standing.
(b) Each partner who is a resident of this state and is personally and regularly engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant of this state in good standing.
(c) Each partner who personally engages in the practice of public accounting in this state and who is not a resident of this state and is not regularly employed in an office of the firm in this state must be a certified public accountant in good standing of some state or a jurisdiction of the United States approved by the board by regulation.
(d) Each partner who is regularly engaged in the practice of public accounting within the United States must be a certified public accountant in good standing of some state or jurisdiction of the United States approved by the board by regulation.
(e) Each [resident] manager in charge of an office of the firm in this state must be a certified public accountant of this state in good standing.
(f) A corporation or limited-liability company which is registered pursuant to NRS 628.343 or 628.345 may be a partner, and a partnership which is registered pursuant to this section may be a general partner, in a partnership engaged in the practice of public accounting.
κ1997 Statutes of Nevada, Page 926 (CHAPTER 275, SB 431)κ
which is registered pursuant to this section may be a general partner, in a partnership engaged in the practice of public accounting.
2. Application for registration must be made upon the affidavit of a general partner who holds a live permit to practice in this state as a certified public accountant. The board shall determine whether the applicant is eligible for registration and may charge an initial fee and an annual renewal fee set by the board by regulation. A partnership which is so registered may use the words certified public accountants or the abbreviation C.P.A.s or CPAs in connection with its partnership name. Notice must be given to the board within 1 month after the admission to or withdrawal of a partner from any partnership so registered.
Sec. 3. NRS 628.343 is hereby amended to read as follows:
628.343 1. A corporation organized for the practice of public accounting shall register with the board as a corporation of certified public accountants and comply with the following requirements:
(a) The sole purpose and business of the corporation must be to furnish to the public services not inconsistent with this chapter or the regulations of the board, except that the corporation may invest its money in a manner not incompatible with the practice of public accounting.
(b) Each shareholder of the corporation must be a certified public accountant of some state in good standing, and be principally employed by the corporation or actively engaged in its business. No other person may have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant of some state in good standing.
(c) At least one shareholder of the corporation must be a certified public accountant of this state in good standing.
(d) Each [resident] manager in charge of an office of the corporation in this state and each shareholder or director who is regularly and personally engaged within this state in the practice of public accounting must be a certified public accountant of this state in good standing.
(e) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(f) The corporation shall comply with other regulations pertaining to corporations practicing public accounting in this state adopted by the board.
2. Application for registration must be made upon the affidavit of a shareholder who holds a live permit to practice in this state as a certified public accountant. The board shall determine whether the applicant is eligible for registration and may charge an initial fee and an annual renewal fee set by the board by regulation. A corporation which is so registered may use the words certified public accountants or the abbreviation C.P.A.s or CPAs in connection with its corporate name. Notice must be given to the board within 1 month after the admission to or withdrawal of a shareholder from any corporation so registered.
κ1997 Statutes of Nevada, Page 927 (CHAPTER 275, SB 431)κ
the board within 1 month after the admission to or withdrawal of a shareholder from any corporation so registered.
Sec. 4. NRS 628.360 is hereby amended to read as follows:
628.360 1. A partnership engaged in this state in the practice of public accounting shall register with the board as a partnership of public accountants and meet the following requirements:
(a) At least one general partner thereof must be a certified public accountant or a registered public accountant of this state in good standing.
(b) Each partner thereof personally and regularly engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant or a registered public accountant of this state in good standing.
(c) Each [resident] manager in charge of an office of the firm in this state must be a certified public accountant or a registered public accountant of this state in good standing.
(d) A corporation or limited-liability company which is registered pursuant to NRS 628.363 or 628.365 may be a partner, and a partnership which is registered pursuant to this section may be a general partner, in a partnership engaged in the practice of public accounting.
2. Application for registration must be made upon the affidavit of a general partner who holds a live permit to practice in this state as a certified public accountant or as a registered public accountant. The board shall determine whether the applicant is eligible for registration. The board may charge a registration fee and renewal fee and a reporting fee in an amount set by regulation. A partnership which is so registered may use the words public accountants in connection with its partnership name. Notice must be given to the board [,] within 1 month [,] after the admission to or withdrawal of a partner from any partnership so registered.
Sec. 5. NRS 628.363 is hereby amended to read as follows:
628.363 1. A corporation organized for the practice of public accounting shall register with the board as a corporation of public accountants and comply with the following requirements:
(a) The sole purpose and business of the corporation must be to furnish to the public services not inconsistent with this chapter or the regulations of the board, except that the corporation may invest its money in a manner not incompatible with the practice of public accounting.
(b) Each shareholder of the corporation must be a certified public accountant in any state or a public accountant of this state in good standing, and be principally employed by the corporation or actively engaged in its business. No other person may have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant or registered public accountant of this state in good standing.
(c) Each [resident] manager in charge of an office of the corporation in this state must be a certified public accountant or a registered public accountant of this state in good standing.
(d) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder.
κ1997 Statutes of Nevada, Page 928 (CHAPTER 275, SB 431)κ
binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(e) The corporation shall comply with other regulations pertaining to corporations practicing public accounting in this state adopted by the board.
2. Application for registration must be made upon the affidavit of a shareholder who holds a live permit to practice in this state as a certified public accountant or as a registered public accountant. The board shall determine whether the applicant is eligible for registration. The board may charge a registration fee and renewal fee and a reporting fee in an amount set by regulation. A corporation which is so registered may use the words public accountants in connection with its corporate name. Notice must be given to the board [,] within 1 month [,] after the admission to or withdrawal of a shareholder from any corporation so registered.
Sec. 6. NRS 628.370 is hereby amended to read as follows:
628.370 1. Each office established or maintained in this state for the practice of public accounting in this state by a certified public accountant or a partnership, corporation or limited-liability company composed of certified public accountants, or by a registered public accountant or a partnership, corporation or limited-liability company composed of registered public accountants, must be registered annually under this chapter with the board. [No fee may be charged for this registration.] The board may charge a fee for the registration of an office in an amount set by regulation.
2. Each office must be under the [direct] supervision of a [resident] manager, who may be a partner, shareholder, member or employee holding a certificate and a live permit . [, but the title or designation certified public accountant or the abbreviation C.P.A. or CPA may not be used in connection with that office unless the resident manager is the holder of a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, and a live permit. A resident manager may serve in that capacity at one office only.]
3. The board shall by regulation prescribe the procedure to be followed in registering offices.
________
κ1997 Statutes of Nevada, Page 929κ
Senate Bill No. 346Committee on Government Affairs
CHAPTER 276
AN ACT relating to the office of the secretary of state; specifying the effect of the signature or certification of a notary public on a document; authorizing the secretary of state to appoint a person who is a resident of an adjoining state as a notary public under certain circumstances; prohibiting a person from withholding from a notary public his journal, official stamp or certificate of appointment of the notary; limiting the additional fee that a notary may charge for traveling to perform a notarial act; changing the appointing authority for commissioners of deeds and commissioned abstractors from the governor to the secretary of state; providing a penalty; and providing other matters properly relating thereto.
[Approved July 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 240 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. The signature of a notary public on a document shall be deemed to be evidence only that the notary public knows the contents of the document that constitute the signature, execution, acknowledgment, oath, affirmation, affidavit or verification.
2. When a notary public certifies that a document is a certified or true copy of an original document, the certification shall not be deemed to be evidence that the notary public knows the contents of the document.
Sec. 3. The following certificate is sufficient for an acknowledgment that contains a power of attorney:
State of ................
County of ............
This instrument was acknowledged before me on (date) by (name of person receiving power of attorney) as attorney in fact for (name of principal/person whose name is in the document)
.......................................................
(Signature of notarial officer)
(Seal, if any)
.......................................................
(Title and rank (optional))
(My commission expires (optional):.............................. )
Sec. 4. A notary public who is a resident of an adjoining state shall submit to the secretary of state annually, within 30 days before the anniversary date of his appointment as a notary public, an affidavit containing the information required pursuant to subsection 2 of NRS 240.030.
κ1997 Statutes of Nevada, Page 930 (CHAPTER 276, SB 346)κ
Sec. 5. 1. It is unlawful for a person to knowingly destroy, deface or conceal a notarial record.
2. As used in this section, notarial record means:
(a) The journal that a notary public is required to keep pursuant to NRS 240.120; and
(b) A document or other evidence retained by a notary public to record the performance of a notarial act.
Sec. 6. 1. The following items are the personal property of a notary public:
(a) His official stamp;
(b) His journal; and
(c) His certificate of appointment.
2. It is unlawful for a person who comes into possession of the official stamp, journal or certificate of appointment of a notary public to withhold such an item from the notary public, whether or not the person provided the notary public with the money to acquire the item.
Sec. 7. NRS 240.001 is hereby amended to read as follows:
240.001 As used in NRS 240.001 to 240.169, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 240.002 to 240.006, inclusive, have the meanings ascribed to them in those sections.
Sec. 8. NRS 240.004 is hereby amended to read as follows:
240.004 Notarial act means [any] an act that a notary public [of] appointed in this state is authorized to perform. The term includes:
1. Taking an acknowledgment;
2. Administering an oath or affirmation;
3. Taking a verification upon oath or affirmation;
4. [Witnessing or attesting a signature;
5.] Certifying or attesting a copy;
[6.] 5. Executing a jurat;
[7.] 6. Noting a protest of a negotiable instrument; and
[8.] 7. Performing such other duties as may be prescribed by a specific statute.
Sec. 9. NRS 240.010 is hereby amended to read as follows:
240.010 1. The secretary of state may appoint notaries public in this state.
2. The secretary of state [may] shall not appoint as a notary public [any] a person:
(a) Who submits an application containing [any] a substantial and material misstatement or omission of fact.
(b) Whose previous appointment as a notary public in this state has been revoked.
(c) Who has been convicted of a crime involving moral turpitude, if the secretary of state is aware of such a conviction before he makes the appointment.
(d) Against whom a complaint that alleges a violation of a provision of this chapter is pending.
3. A notary public may cancel his appointment by submitting a written notice to the secretary of state.
κ1997 Statutes of Nevada, Page 931 (CHAPTER 276, SB 346)κ
4. It is unlawful for [any] a person to [represent] :
(a) Represent himself as a notary public appointed pursuant to this section if he has not received a certificate of appointment from the secretary of state pursuant to this chapter.
(b) Submit an application for appointment as a notary public that contains a substantial and material misstatement or omission of fact.
Sec. 10. NRS 240.015 is hereby amended to read as follows:
240.015 1. Except as otherwise provided in this section, a person appointed as a notary public must:
(a) During the period of his appointment, be a citizen of the United States or lawfully admitted for permanent residency in the United States as verified by the Immigration and Naturalization Service.
(b) Be a resident of this state.
(c) Be at least 18 years of age.
(d) Possess his civil rights.
2. If a person appointed as a notary public ceases to be lawfully admitted for permanent residency in the United States during his appointment, he shall, within 90 days after his lawful admission has expired or is otherwise terminated, submit to the secretary of state evidence that he is lawfully readmitted for permanent residency as verified by the Immigration and Naturalization Service. If the person fails to submit such evidence within the prescribed time, his appointment expires by operation of law.
3. The secretary of state may appoint a person who resides in an adjoining state as a notary public if the person:
(a) Maintains a place of business in the State of Nevada; or
(b) Is regularly employed at an office, business or facility located within the State of Nevada by an employer licensed to do business in this state.
If such a person ceases to maintain a place of business in this state or regular employment at an office, business or facility located within this state, the secretary of state may suspend his appointment. The secretary of state may reinstate an appointment suspended pursuant to this subsection if the notary public submits to the secretary of state, before his term of appointment as a notary public expires, an affidavit which contains the information required pursuant to subsection 2 of NRS 240.030.
Sec. 11. NRS 240.017 is hereby amended to read as follows:
240.017 The secretary of state [may] :
1. May adopt regulations prescribing the procedure for the appointment and voluntary training of a notary public.
2. Shall adopt regulations prescribing the form of each affidavit required pursuant to subsection 2 of NRS 240.030.
Sec. 12. NRS 240.020 is hereby amended to read as follows:
240.020 [Notaries public] A person appointed as a notary public pursuant to this chapter may perform notarial acts in any part of this state for a term of 4 years, unless sooner removed. Such an appointment does not authorize the person to perform notarial acts in another state.
Sec. 13. NRS 240.030 is hereby amended to read as follows:
240.030 1. Except as otherwise provided in subsection [3,] 4, each person applying for appointment as a notary public [shall:] must:
κ1997 Statutes of Nevada, Page 932 (CHAPTER 276, SB 346)κ
(a) At the time he submits his application, pay to the secretary of state $35.
(b) Take and subscribe to the oath set forth in section 2 of article 15 of the constitution of the State of Nevada as if he were a public officer.
(c) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides [.] or, if the applicant is a resident of an adjoining state, with the clerk of the county in this state in which the applicant maintains a place of business or is employed. The applicant shall submit to the secretary of state a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.
2. In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public who resides in an adjoining state must submit to the secretary of state with his application:
(a) An affidavit setting forth the address of his place of residence and the address of his place of business or employment that is located within the State of Nevada; and
(b) Unless the applicant is self-employed, an affidavit from his employer setting forth the facts that show:
(1) The employer is licensed to do business in the State of Nevada; and
(2) The employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.
3. In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant who is employed as a peace officer and is required to be a notary public as a condition of that employment must not be required to disclose his residential address or telephone number on any such document which will become available to the public.
[3.] 4. A court reporter who has received a certificate of registration pursuant to NRS 656.180 may apply for appointment as a notary public with limited powers. Such an applicant is not required to enter into a bond to obtain the limited power of a notary public to administer oaths or affirmations.
[4.] 5. If required, the bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment [.] or, if the applicant is a resident of an adjoining state, with the clerk of the county in this state in which the applicant maintains a place of business or is employed. On a form provided by the secretary of state, the county clerk shall immediately certify to the secretary of state that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the secretary of state shall issue a certificate of appointment as a notary public to the applicant.
[5.] 6. Except as otherwise provided in this subsection, the secretary of state shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the secretary of state shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.
κ1997 Statutes of Nevada, Page 933 (CHAPTER 276, SB 346)κ
public requests such a duplicate within 60 days after the date on which the original certificate was issued.
Sec. 14. NRS 240.033 is hereby amended to read as follows:
240.033 1. The bond required to be filed [by] pursuant to NRS 240.030 must be executed by the person applying to become a notary public as principal and by a surety company qualified and authorized to do business in this state. The bond must be made payable to the State of Nevada and be conditioned to provide indemnification to [any] a person determined to have suffered damage as a result of [any] an act by the notary public which [is a violation of any] violates a provision of NRS 240.001 to 240.169, inclusive. The surety company shall pay [any] a final, nonappealable judgment of [any] a court of this state that has jurisdiction, upon receipt of written notice of final judgment. The bond may be continuous but, regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.
2. If the penal sum of the bond is exhausted, the surety company shall notify the secretary of state in writing within 30 days after its exhaustion.
3. The surety bond must cover the period of the appointment of the notary public, except when a surety is released.
[3.] 4. A surety on [any] a bond filed pursuant to NRS 240.030 may be released after the surety gives 30 days written notice to the secretary of state and notary public, but the release does not discharge or otherwise affect [any] a claim filed by a person for damage resulting from [any] an act of the notary public which is alleged to have occurred while the bond was in effect.
[4.] 5. The appointment of a notary public is suspended by operation of law when the notary public is no longer covered by a surety bond as required by this section and NRS 240.030 [.] or the penal sum of the bond is exhausted. If the secretary of state receives notice pursuant to subsection [3] 4 that the bond will be released [,] or pursuant to subsection 2 that the penal sum of the bond is exhausted, the secretary shall immediately notify the notary public in writing that his appointment will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
6. The secretary of state may reinstate the appointment of a notary public whose appointment has been suspended pursuant to subsection 5, if the notary public, before his current term of appointment expires:
(a) Submits to the secretary of state:
(1) An application for an amended certificate of appointment as a notary public; and
(2) A certificate issued by the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, the county in this state in which the applicant maintains a place of business or is employed, which indicates that the applicant filed a new surety bond with the clerk.
(b) Pays to the secretary of state a fee of $10.
Sec. 15. NRS 240.036 is hereby amended to read as follows:
240.036 1. If , at any time during his appointment, a notary public changes his mailing address, county of residence or signature [at any time during his appointment,] or, if he is a resident of an adjoining state, changes his place of business or employment, he shall submit to the secretary of state a request for an amended certificate of appointment on a form provided by the secretary of state.
κ1997 Statutes of Nevada, Page 934 (CHAPTER 276, SB 346)κ
during his appointment,] or, if he is a resident of an adjoining state, changes his place of business or employment, he shall submit to the secretary of state a request for an amended certificate of appointment on a form provided by the secretary of state. The request must:
(a) Include the new information;
(b) Be submitted within 30 days after making that change; and
(c) Be accompanied by a fee of $10.
2. The secretary of state may suspend the appointment of a notary public who fails to provide to the secretary of state notice of a change in any of the information specified in subsection 1.
3. If a notary public changes his name during his appointment and he intends to use his new name in the performance of his notarial duties, he shall submit to the secretary of state a request for an amended certificate of appointment on a form provided by the secretary of state. The request must:
(a) Include his new name and signature and his address;
(b) Be submitted within 30 days after making the change; and
(c) Be accompanied by a fee of $10.
[3.] 4. Upon receipt of a request for an amended certificate of appointment and the appropriate fee, the secretary of state shall issue an amended certificate of appointment.
[4.] 5. When the notary public receives the amended certificate of appointment, he shall:
(a) Destroy his notarys stamp and obtain a new notarys stamp which includes the information on the amended certificate.
(b) Notify the surety company which issued his bond of the changes.
Sec. 16. NRS 240.040 is hereby amended to read as follows:
240.040 1. Except as otherwise provided in NRS 240.069, each notary public shall authenticate all his acts, including [any] an acknowledgment, jurat, verification or other certificate, by:
(a) Setting forth the following:
(1) The venue . [;]
(2) His [original signature; and] signature in ink and signed by his own hand.
(3) A statement imprinted in indelible, photographically reproducible ink with a rubber or other mechanical stamp setting forth his name, the phrase Notary Public, State of Nevada, the date on which his appointment expires, the number of his certificate of appointment and, if he so desires, the Great Seal of the State of Nevada . [; and] If the notary public is a resident of an adjoining state, the statement must also contain the word nonresident.
(b) Including all applicable information in the acknowledgment, jurat, verification or other certificate.
2. After July 1, 1965, an embossed notarial seal is not required on notarized documents.
3. The stamp required pursuant to subsection 1 must:
(a) Be a rectangle, not larger than 1 inch by 2 1/2 inches, and may contain a border design; and
(b) Produce a legible imprint.
κ1997 Statutes of Nevada, Page 935 (CHAPTER 276, SB 346)κ
4. A notary public shall not affix his signature or stamp over printed material.
5. As used in this section, mechanical stamp includes an imprint made by a computer or other similar technology.
Sec. 17. NRS 240.045 is hereby amended to read as follows:
240.045 1. If the stamp of a notary public is lost, the notary public shall, within 10 days after the stamp is lost, submit to the secretary of state a request for an amended certificate of appointment, on a form provided by the secretary of state, and obtain a new stamp in accordance with NRS 240.036. The request must be accompanied by a fee of $10.
2. If the stamp is destroyed, broken, damaged or otherwise rendered inoperable, the notary public shall immediately notify the secretary of state of that fact and obtain a new stamp.
3. A person or governmental entity shall not make, manufacture or otherwise produce a notarys stamp unless the notary public presents his original or amended certificate of appointment or a certified copy of his original or amended certificate of appointment to that person or governmental entity.
Sec. 18. NRS 240.065 is hereby amended to read as follows:
240.065 1. A notary public may not perform [any] a notarial act if:
(a) He executed or is named in the instrument acknowledged or sworn to;
(b) He will receive directly from a transaction relating to the instrument [any] or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the authorized fees; or
(c) The person whose signature is to be acknowledged or sworn to is a relative of the notary public by marriage or consanguinity.
2. As used in this section, relative includes, without limitation:
(a) A spouse, parent, grandparent or stepparent;
(b) A natural born child, stepchild or adopted child;
(c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister;
(d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse of the notary public; and
(e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse of the notary public.
Sec. 19. NRS 240.100 is hereby amended to read as follows:
240.100 1. Except as otherwise provided in subsection 3, a notary public may charge the following fees and no more:
For taking an acknowledgment, for the first signature of each signer ............................................................................................................ $2
For each additional signature of each signer ................................... 1
For administering an oath or affirmation without a signature ..... 1
For a certified copy .............................................................................. 1
For a jurat, for each signature on the affidavit ............................... 2
κ1997 Statutes of Nevada, Page 936 (CHAPTER 276, SB 346)κ
2. All fees prescribed in this section are payable in advance, if demanded.
3. A notary public may charge an additional fee for traveling to perform a notarial act if:
(a) [He] The person requesting the notarial act asks the notary public to travel;
(b) The notary public explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law; [and
(b)] (c) The person requesting the notarial act agrees in advance upon the amount of the additional fee [.] ; and
(d) The additional fee does not exceed the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.
4. A person who employs a notary public may prohibit the notary public from charging a fee for a notarial act that the notary public performs within the scope of his employment. Such a person shall not require the notary public whom he employs to surrender to him all or part of a fee charged by the notary public for a notarial act performed outside the scope of his employment.
Sec. 20. NRS 240.110 is hereby amended to read as follows:
240.110 [1.] If a notary public charges fees for performing notarial acts, he shall publish and set up in some conspicuous place in his office a table of his fees, according to this chapter, for the inspection of all persons who have business in his office. The schedule must not be printed in smaller than 1/2-inch type. A notary public shall not charge fees unless he has published and set up a table of fees in accordance with this subsection.
[2. For each days failure to comply with the provisions of subsection 1, a notary public shall forfeit a sum not exceeding $20 with costs, which may be recovered by any person by an action before any justice of the peace of the same county.]
Sec. 21. NRS 240.120 is hereby amended to read as follows:
240.120 1. Except as otherwise provided in NRS 240.069, each notary public shall keep a journal in his office in which he shall enter for each notarial act performed, at the time the act is performed:
(a) The fees charged, if any;
(b) The title of the matter;
(c) The date on which he performed the service;
(d) The name and signature of the person whose signature is being notarized; [and]
(e) A description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized [.] ; and
(f) An indication of whether he administered an oath.
2. If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall:
(a) Require the witness to sign the journal in the space provided for the description of the evidence used; and
(b) Make a notation in the journal that the witness is a credible witness.
3. The journal must:
κ1997 Statutes of Nevada, Page 937 (CHAPTER 276, SB 346)κ
(a) Be open to public inspection.
(b) Be in a bound volume with preprinted page numbers.
4. A notary public shall, upon request and payment of the fee set forth in NRS 240.100, provide a certified copy of an entry in his journal.
5. A notary public shall [keep his journal for the entire period of his appointment.
5. Any notary public who violates any of the provisions of this section shall be fined not more than $1,000.] retain each journal that he has kept pursuant to this section until 7 years after the date on which he ceases to be a notary public.
6. A notary public shall file a report with the secretary of state and the appropriate law enforcement agency if his journal is lost or stolen.
7. The provisions of this section do not apply to a person who is authorized to perform a notarial act pursuant to paragraph (b), (c) or (d) of subsection 1 of NRS 240.1635.
Sec. 22. NRS 240.130 is hereby amended to read as follows:
240.130 [1. No other fees shall be charged than those specially set forth in this chapter, nor shall fees be charged for any other services than those mentioned in this chapter.
2. Any notary public who shall violate any of the provisions of this section shall be fined not more than $1,000.] A notary public shall not charge a fee to perform a service unless he is authorized to charge a fee for such a service pursuant to this chapter.
Sec. 23. NRS 240.150 is hereby amended to read as follows:
240.150 1. For [any] misconduct or neglect in [any of the cases] a case in which [any] a notary public appointed [under] pursuant to the authority of this state [,] may act, either by the law of this state [,] or of [any] another state, territory or country, or by the law of nations, or by commercial usage, he is liable on his official bond to the parties injured thereby, for all the damages sustained.
2. The employer of a notary public is liable for any damages proximately caused by the misconduct of the notary public, if:
(a) The notary public was acting within the scope of his employment at the time he engaged in the misconduct; and
(b) The employer of the notary public consented to the misconduct of the notary public.
3. The secretary of state may refuse to appoint or may suspend or revoke the appointment of a notary public who fails to provide to the secretary of state, within a reasonable time, information that the secretary of state requests from him in connection with a complaint which alleges a violation of this chapter.
4. Except as otherwise provided in this chapter, for any willful violation or neglect of duty [:] or other violation of this chapter, or upon proof that the notary public has been convicted of a crime involving moral turpitude:
(a) A notary public or other person who violates a provision of this chapter may be fined not more than $2,000 [;] for each violation;
(b) The appointment of the notary public may be suspended for a period determined by the secretary of state, but not exceeding the time remaining on his appointment;
κ1997 Statutes of Nevada, Page 938 (CHAPTER 276, SB 346)κ
(c) The appointment of the notary public may be revoked; or
(d) The notary public may be fined and his appointment may be:
(1) Revoked; or
(2) Suspended for a period determined by the secretary of state.
5. If the secretary of state revokes or suspends the appointment of a notary public pursuant to this section, the secretary of state shall:
(a) Notify the notary public in writing of the revocation or suspension; and
(b) Cause notice of the revocation or suspension to be published in a newspaper of general circulation in the county in which the notary public resides or works.
6. Except as otherwise provided by law, the secretary of state may impose the fine that is authorized pursuant to this section upon a notary public whose appointment has expired if the notary public committed the violation that justifies the fine before his appointment expired.
Sec. 24. NRS 240.163 is hereby amended to read as follows:
240.163 1. In taking an acknowledgment, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the acknowledgment is the person whose signature is on the instrument. The person who signed the document shall present the document to the notarial officer in person.
2. In taking a verification upon oath or affirmation, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the verification is the person whose signature is on the verified statement.
3. [In witnessing or attesting a signature, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the signature is that of the person appearing before him and named in the document signed.
4.] In certifying or attesting a copy of a document or other item, a notarial officer shall determine that the proffered copy is a complete, accurate and authentic transcription or reproduction of that which was copied.
[5.] 4. In making or noting a protest of a negotiable instrument, a notarial officer shall verify compliance with the provisions of subsection 2 of NRS 104.3505.
[6.] 5. In executing a jurat, a notarial officer shall administer an oath or affirmation to the affiant and shall determine, from personal knowledge or other satisfactory evidence, that the affiant is the person named in the document. The affiant shall sign the document in the presence of the notarial officer.
[7.] The notarial officer shall administer the oath or affirmation required pursuant to this subsection in substantially the following form:
Do you (solemnly swear, or affirm) that the statements in this document are true, (so help you God)?
6. A notarial officer has satisfactory evidence that a person is the person whose signature is on a document if he:
κ1997 Statutes of Nevada, Page 939 (CHAPTER 276, SB 346)κ
(a) Is personally known to the notarial officer;
(b) Is identified upon the oath or affirmation of a credible witness personally known to the notarial officer;
(c) Is identified on the basis of an identifying document which contains a signature and a photograph or physical description; [or]
(d) Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer [.] ; or
(e) In the case of a person who is 65 years of age or older and cannot satisfy the requirements of paragraphs (a) to (d), inclusive, is identified upon the basis of an identification card issued by a governmental agency or a senior citizen center.
7. An oath or affirmation administered pursuant to subsection 6 must be in substantially the following form:
Do you (solemnly swear, or affirm) that you personally know (name of person who signed the document) , (so help you God)?
Sec. 25. NRS 240.165 is hereby amended to read as follows:
240.165 1. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by [any of] the following persons:
(a) A notary public ; [or notary;]
(b) A judge, clerk or deputy clerk of a court of record; or
(c) [Any other] A person authorized by the law of that jurisdiction to perform notarial acts.
2. An Apostille in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. The secretary of state shall, upon request and payment of a fee of $20, issue an apostille to verify a signature of a notarial officer on a document that is kept in the records of the secretary of state.
3. A certificate by an officer of the foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by an officer of the foreign service or consular officer of that nation stationed in the United States, conclusively establishes [any] a matter relating to the authenticity or validity of the notarial act set forth in the certificate.
4. An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.
5. An official stamp or seal of an officer listed in paragraph (a) or (b) of subsection 1 is prima facie evidence that a person with the indicated title has authority to perform notarial acts.
6. If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
κ1997 Statutes of Nevada, Page 940 (CHAPTER 276, SB 346)κ
Sec. 26. NRS 240.1655 is hereby amended to read as follows:
240.1655 1. A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officers rank.
2. A certificate of a notarial act is sufficient if it meets the requirements of subsection 1 and it:
(a) Is in the short form set forth in NRS 240.166 [, 240.1665, 240.167, 240.1675, 240.168, 240.1685 or 240.169;] to 240.169, inclusive, and section 3 of this act;
(b) Is in a form otherwise prescribed by the law of this state;
(c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.
3. By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by NRS 240.163.
Sec. 27. NRS 240.168 is hereby amended to read as follows:
240.168 The following certificate is sufficient for attesting a copy of a document:
State of ................
County of ...........
I certify that this is a true and correct copy of a document in the possession of .(name of person who presents the document) .
Dated .............
.......................................................
(Signature of notarial officer)
(Seal, if any)
.......................................................
(Title and rank (optional))
(My commission expires (optional):.......................... )
Sec. 28. NRS 240.169 is hereby amended to read as follows:
240.169 The following certificate is sufficient for an acknowledgment of a credible witness:
State of ................
County of ...........
[On ......(date)......, ..............(name of person).............. personally appeared before me, whose identity I verified upon the oath of