[Rev. 2/11/2019 1:05:51 PM]
κ1999 Statutes of Nevada, Page 1111 (CHAPTER 260, AB 678)κ
3. The department shall not charge a fee for an identification card issued to a person who has voluntarily surrendered his drivers license pursuant to NRS 483.420.
4. As used in this section, photograph has the meaning ascribed to it in section 1 of this act.
Sec. 5. 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] The name and sample signature of the holder.
(b) A unique identification number assigned to the holder that is not based on the holders social security number.
(c) [Personal description.
(d) Date] A personal description of the holder.
(d) The date of birth [.
(e) Current] of the holder.
(e) The current address of the holder in this state.
(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.
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.
5. As used in this section, photograph has the meaning ascribed to it in section 1 of this act.
Sec. 6. This act becomes effective on January 1, 2000.
________
Assembly Bill No. 74Assemblyman Thomas
CHAPTER 261
AN ACT relating to public employment; providing temporarily that retired public employees may accept certain employment with the University and Community College System of Nevada without affecting the distribution of their existing retirement allowances; requiring the public employees retirement board to conduct a study of the effect on the public employees retirement system of the employment of retired public employees by public employers participating in the system; and providing other matters properly relating thereto.
[Approved May 24, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. A person who is a retired employee and who accepts employment as a member of the professional staff of the college of education of the University of Nevada, Reno, or the University of Nevada, Las Vegas, to teach a course of study or training is exempt from the provisions of subsections 1 and 2 of NRS 286.520 for the duration of that employment.
κ1999 Statutes of Nevada, Page 1112 (CHAPTER 261, AB 74)κ
to teach a course of study or training is exempt from the provisions of subsections 1 and 2 of NRS 286.520 for the duration of that employment.
Sec. 2. The public employees retirement board shall conduct a study of the effect on the public employees retirement system of the employment of retired public employees by public employers that participate in the public employees retirement system. The public employees retirement board shall report on the progress and findings of the study at each meeting of the interim retirement committee of the legislature and shall submit a final report of the study to the 71st session of the Nevada Legislature.
Sec. 3. This act becomes effective on July 1, 1999, and expires by limitation on July 1, 2001.
________
Assembly Bill No. 284Assemblymen Giunchigliani, Arberry, Parks, Bache, Williams, de Braga, Collins, Perkins, Buckley, Manendo, Lee, Evans, Anderson, McClain, Koivisto, Tiffany, Freeman, Parnell, Ohrenschall, Von Tobel, Price, Gibbons, Neighbors, Goldwater, Thomas, Carpenter, Segerblom, Leslie, Brower, Nolan, Beers, Mortenson and Claborn
Joint Sponsors: Senators Rawson, Coffin, Titus, Jacobsen, Amodei, Care, Carlton, Mathews, Neal, Schneider, Shaffer and Wiener
CHAPTER 262
AN ACT relating to water; requiring the state board of health to adopt regulations requiring the fluoridation of certain public water systems; limiting the application of certain existing provisions concerning proposals to adjust the concentration of fluoride in water in certain circumstances; and providing other matters properly relating thereto.
[Approved May 24, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 445A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in NRS 445A.010 to 445A.050, inclusive, this section and section 3 of this act, unless the context otherwise requires, public water system has the meaning ascribed to it in NRS 445A.840.
Sec. 3. 1. The state board of health shall adopt regulations requiring the fluoridation of each public water system that serves a population of 400,000 or more.
2. The regulations must include, without limitation:
(a) The minimum and maximum permissible concentrations of fluoride to be maintained in such public water systems, except that:
(1) The minimum permissible concentration of fluoride must not be less than 0.7 parts per million; and
(2) The maximum permissible concentration of fluoride must not exceed 1.2 parts per million;
κ1999 Statutes of Nevada, Page 1113 (CHAPTER 262, AB 284)κ
(b) The requirements and procedures for maintaining proper concentrations of fluoride, including any necessary equipment, testing, recordkeeping and reporting;
(c) Requirements for the addition of fluoride to such a public water system if the natural concentration of fluorides in that system is lower than the minimum permissible concentration established pursuant to paragraph (a); and
(d) Criteria pursuant to which the state board of health may exempt a public water system from the requirement of fluoridation upon the request of the public water system.
3. The state board of health shall not require the fluoridation of:
(a) The wells of a public water system if:
(1) The ground water production of the public water system is less than 15 percent of the total average annual water production of the system for the years in which drought conditions are not prevalent; and
(2) The wells are part of a combined regional and local system for the distribution of water that is served by a fluoridated source.
(b) A public water system:
(1) During an emergency or period of routine maintenance, if the wells of the system are exempt from fluoridation pursuant to paragraph (a) and the supplier of water determines that it is necessary to change the production of the system from surface water to ground water because of an emergency or for purposes of routine maintenance; or
(2) If the natural water supply of the system contains fluoride in a concentration that is at least equal to the minimum permissible concentration established pursuant to paragraph (a) of subsection 2.
4. The state board of health may make an exception to the minimum permissible concentration of fluoride to be maintained in a public water system based on:
(a) The climate of the regulated area;
(b) The amount of processed water purchased by the residents of the regulated area; and
(c) Any other factor that influences the amount of public water that is consumed by the residents of the regulated area.
5. The health division of the department of human resources shall make reasonable efforts to secure any available sources of financial support, including, without limitation, grants from the Federal Government, for the enforcement of the standards established pursuant to this section and any related capital improvements.
6. A public water system may submit to the health division a claim for payment of the initial costs of the public water system to begin complying with the provisions of this section. The administrator of the health division may approve such claims to the extent of legislative appropriations and any other money available for that purpose. Approved claims must be paid as other claims against the state are paid. The ongoing operational expenses of a public water system in complying with the provisions of this section are not compensable pursuant to this subsection.
7. As used in this section, supplier of water has the meaning ascribed to it in NRS 445A.845.
κ1999 Statutes of Nevada, Page 1114 (CHAPTER 262, AB 284)κ
Sec. 4. NRS 445A.050 is hereby amended to read as follows:
445A.050 The provisions of NRS 445A.025 to [445A.045,] 445A.050, inclusive, do not apply [:
1. To purveyors] to:
1. A public water system that serves a population of 400,000 or more.
2. Purveyors of bottled water who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.
[2. To any]
3. A supplier of water who supplies water to less than 500 users.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Section 3 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 1999, for all other purposes.
3. Sections 1, 2 and 4 of this act become effective on October 1, 1999.
________
Assembly Bill No. 110Committee on Commerce and Labor
CHAPTER 263
AN ACT relating to labor; requiring the wages or compensation of certain employees who work with certain explosives to be based solely on the number of hours the employees work; providing a penalty; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, wages or compensation paid to an employee whose duties include the manufacture of an explosive, or the use, processing, handling, on‑site movement or storage of an explosive that is related to its manufacture, must be based solely on the number of hours the employee works. The provisions of this subsection do not apply to persons employed in the mining industry.
2. Any person who violates the provisions of subsection 1:
(a) For the first violation, shall be punished by a fine of not less than $10,000 nor more than $20,000.
(b) For the second or any subsequent violation, shall be punished by a fine of not less than $20,000 nor more than $50,000.
3. Except as otherwise provided in subsection 4, as used in this section, explosive means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.
κ1999 Statutes of Nevada, Page 1115 (CHAPTER 263, AB 110)κ
ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.
4. For the purposes of this section, an explosive does not include:
(a) Ammunition for small arms, or any component thereof;
(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:
(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or
(2) In an antique device which is exempted from the definition of destructive device pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or
(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.
Sec. 2. NRS 608.180 is hereby amended to read as follows:
608.180 The labor commissioner or his representative shall cause the provisions of NRS 608.005 to 608.170, inclusive, and section 1 of this act, to be enforced, and upon notice from the labor commissioner or his representative:
1. The district attorney of any county in which a violation of those sections has occurred;
2. The deputy labor commissioner, as provided in NRS 607.050;
3. The attorney general, as provided in NRS 607.160; or
4. The special counsel, as provided in NRS 607.065,
shall prosecute the action for enforcement according to law.
Sec. 3. NRS 608.195 is hereby amended to read as follows:
608.195 [Every] Except as otherwise provided in section 1 of this act, every person violating any of the provisions of NRS 608.005 to 608.190, inclusive, is guilty of a misdemeanor.
Sec. 4. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1116κ
Assembly Bill No. 173Committee on Natural Resources, Agriculture, and Mining
CHAPTER 264
AN ACT relating to hazardous materials; revising the designation of highly hazardous substances for the purposes of regulating facilities where such substances are produced, used, stored or handled; excluding certain types of household waste from the definition of hazardous waste; authorizing the state department of conservation and natural resources to include within its plan of management of hazardous waste in this state a description of the hazards associated with certain uses of commercial products; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:
Household waste means waste material, including, without limitation, garbage, trash and sanitary wastes in septic tanks that is generated by a household, including, without limitation, a single-family or multiple-unit residence, hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground and day-use recreational area. The term does not include nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries, toxic art supplies, used motor oil, kerosene, solvent-based paint, paint thinner, paint solvents, fluorescent or high-intensity light bulbs, ammunition, fireworks, pesticides the use of which has been prohibited or restricted, or any other waste generated by a household that would otherwise be defined as hazardous waste pursuant to subsection 2 of NRS 459.430.
Sec. 2. NRS 459.3816 is hereby amended to read as follows:
459.3816 1. The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Acetaldehyde................................................................... 75-07-0........................................................................................... 2500
Acrolein (2-Propenal).................................................... 107-02-8 150
Acrylyl Chloride............................................................. 814-68-6 250
Allyl Chloride................................................................. 107-05-1........................................................................................... 1000
Allylamine...................................................................... 107-11-9.............................................................................. [1500] 1000
Alkylaluminums................................................................... None ........................................................................................... 5000
Ammonia, Anhydrous............................................... 7664-41-7........................................................................................... 5000
Ammonia solutions [(44%] (concentration greater than 44% ammonia by weight)............................................ 7664-41-7......................................................................................... 10000
Ammonium Perchlorate............................................ 7790-98-9........................................................................................... 7500
κ1999 Statutes of Nevada, Page 1117 (CHAPTER 264, AB 173)κ
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Ammonium Permanganate...................................... 7787-36-2........................................................................................... 7500
Arsine (also called Arsenic Hydride)........................ 7784-42-1 100
Bis (Chloromethyl) Ether............................................. 542-88-1 100
Boron Trichloride...................................................... 10294-34-5........................................................................................... 2500
Boron Trifluoride........................................................ 7637-07-2 250
Bromine........................................................................ 7726-95-6........................................................................................... 1500
Bromine Chloride..................................................... 13863-41-7........................................................................................... 1500
Bromine Pentafluoride............................................... 7789-30-2........................................................................................... 2500
Bromine Trifluoride.................................................... 7787-71-5......................................................................................... 15000
3-Bromopropyne (also called Propargyl Bromide). 106-96-7................................................................................ [7500] 100
Butyl Hydroperoxide (Tertiary).................................... 75-91-2........................................................................................... 5000
Butyl Perbenzoate (Tertiary)....................................... 614-45-9........................................................................................... 7500
Carbonyl Chloride (see Phosgene)................................ 75-44-5 100
Carbonyl Fluoride......................................................... 353-50-4........................................................................................... 2500
Cellulose Nitrate (concentration greater than 12.6% Nitrogen)................................................................................. 9004-70-0........................................................................................... 2500
Chlorine........................................................................ 7782-50-5........................................................................................... 1500
Chlorine Dioxide....................................................... 10049-04-4........................................................................................... 1000
Chlorine Pentafluoride............................................. 13637-63-3........................................................................................... 1000
Chlorine Trifluoride.................................................... 7790-91-2........................................................................................... 1000
Chlorodiethylaluminum (also called Diethylaluminum Chloride)..................................................................... 96-10-6........................................................................................... 5000
1-Chloro-2,4-Dinitrobenzene......................................... 97-00-7........................................................................................... 5000
Chloromethyl Methyl Ether........................................ 107-30-2 500
Chloropicrin...................................................................... 76-06-2 500
Chloropicrin and Methyl Bromide mixture..................... None ........................................................................................... 1500
Chloropicrin and Methyl Chloride mixture..................... None ........................................................................................... 1500
Cumene Hydroperoxide................................................. 80-15-9........................................................................................... 5000
Cyanogen....................................................................... 460-19-5........................................................................................... 2500
Cyanogen Chloride....................................................... 506-77-4 500
Cyanuric Fluoride.......................................................... 675-14-9 100
Diacetyl Peroxide (concentration greater than 70%) 110-22-5........................................................................................... 5000
Diazomethane............................................................... 334-88-3 500
Dibenzoyl Peroxide......................................................... 94-36-0........................................................................................... 7500
Diborane..................................................................... 19287-45-7 100
Dibutyl Peroxide (Tertiary).......................................... 110-05-4........................................................................................... 5000
Dichloro Acetylene..................................................... 7572-29-4 250
Dichlorosilane.............................................................. 4109-96-0........................................................................................... 2500
Diethylzinc...................................................................... 557-20-0......................................................................................... 10000
Diisopropyl Peroxydicarbonate.................................. 105-64-6........................................................................................... 7500
Dilauroyl Peroxide......................................................... 105-74-8........................................................................................... 7500
κ1999 Statutes of Nevada, Page 1118 (CHAPTER 264, AB 173)κ
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Dimethyl Sulfide.............................................................. 75-18-3 100
Dimethyldichlorosilane................................................... 75-78-5........................................................................................... 1000
Dimethylhydrazine, 1.1-................................................. 57-14-7........................................................................................... 1000
Dimethylamine, Anhydrous........................................ 124-40-3........................................................................................... 2500
2, 4 Dinitroaniline.......................................................... 97-02-9........................................................................................... 5000
Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone Peroxide; concentration greater than 60%).... 1338-23-4........................................................................................... 5000
Ethyl Nitrite.................................................................... 109-95-5........................................................................................... 5000
Ethylamine....................................................................... 75-04-7........................................................................................... 7500
Ethylene Fluorohydrin.................................................. 371-62-0 100
Ethylene Oxide................................................................. 75-21-8........................................................................................... 5000
Ethyleneimine................................................................ 151-56-4........................................................................................... 1000
Fluorine......................................................................... 7782-41-4................................................................................ [1000]
100
Formaldehyde (concentration [90%)] 37% or greater by weight)........................................................................ 50-00-0........................................................................................... 1000
Furan............................................................................... 110-00-9 500
Hexafluoroacetone....................................................... 684-16-2........................................................................................... 5000
Hydrochloric Acid, Anhydrous................................. 7647-01-0........................................................................................... 5000
Hydrofluoric Acid, Anhydrous................................. 7664-39-3........................................................................................... 1000
Hydrogen Bromide................................................... 10035-10-6........................................................................................... 5000
Hydrogen Chloride..................................................... 7647-01-0........................................................................................... 5000
Hydrogen Cyanide, Anhydrous.................................... 74-90-8........................................................................................... 1000
Hydrogen Fluoride...................................................... 7664-39-3........................................................................................... 1000
Hydrogen Peroxide [(52% by weight or more)] (concentration 52% or greater by weight).................................. 7722-84-1........................................................................................... 7500
Hydrogen Selenide...................................................... 7783-07-5 150
Hydrogen Sulfide........................................................ 7783-06-4........................................................................................... 1500
Hydroxylamine........................................................... 7803-49-8........................................................................................... 2500
Iron, Pentacarbonyl-................................................ 13463-40-6 250
Isopropyl Formate........................................................ 625-55-8 500
Isopropylamine................................................................ 75-31-0........................................................................................... 5000
Ketene............................................................................. 463-51-4 100
Methacrylaldehyde......................................................... 78-85-3........................................................................................... 1000
Methacryloyl Chloride................................................. 920-46-7 150
Methacryloyloxyethyl Isocyanate........................ 30674-80-7 100
Methyl Acrylonitrile...................................................... 126-98-7 250
Methylamine, Anhydrous.............................................. 74-89-5........................................................................................... 1000
Methyl Bromide............................................................... 74-83-9........................................................................................... 2500
Methyl Chloride............................................................... 74-87-3......................................................................................... 15000
Methyl Chloroformate................................................... 79-22-1 500
Methyl Disulfide............................................................ 624-92-0 100
Methyl Ethyl Ketone Peroxide (concentration greater than 60%)................................................................................ 1338-23-4........................................................................................... 5000
κ1999 Statutes of Nevada, Page 1119 (CHAPTER 264, AB 173)κ
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Methyl Fluoroacetate................................................... 453-18-9 100
Methyl Fluorosulfate.................................................... 421-20-5 100
Methyl Hydrazine........................................................... 60-34-4 100
Methyl Iodide................................................................... 74-88-4........................................................................................... 7500
Methyl Isocyanate........................................................ 624-83-9 250
Methyl Mercaptan.......................................................... 74-93-1........................................................................................... 5000
Methyl Vinyl Ketone....................................................... 78-94-4 100
Methyltrichlorosilane...................................................... 75-79-6 500
Nickel Carbonyl (Nickel Tetracarbonyl).............. 13463-39-3 150
Nitric Acid [(94.5% by weight or greater)] (concentration 94.5% or greater by weight)........................................... 7697-37-2 500
Nitric Oxide................................................................ 10102-43-9 250
Nitroaniline (para Nitroaniline)................................... 100-01-6........................................................................................... 5000
Nitromethane................................................................... 75-52-5........................................................................................... 2500
Nitrogen Dioxide....................................................... 10102-44-0 250
Nitrogen Oxides (NO; NO2; N2O4; N2O3).......... 10102-44-0 250
Nitrogen Tetroxide (also called Nitrogen Peroxide) 10544-72-6............................................................................................. 250
Nitrogen Trifluoride.................................................... 7783-54-2........................................................................................... 5000
Nitrogen Trioxide...................................................... 10544-73-7 250
Oleum (65% or greater by weight of sulfur trioxide; also called Fuming Sulfuric Acid).......................................... 8014-95-7........................................................................................... 1000
Osmium Tetroxide.................................................... 20816-12-0 100
Oxygen Difluoride (Fluorine Monoxide)................. 7783-41-7 100
Ozone.......................................................................... 10028-15-6 100
Pentaborane.............................................................. 19624-22-7 100
Peracetic Acid [(also] (concentration greater than 60% Acetic Acid; also called Peroxyacetic Acid)..................... 79-21-0.............................................................................. [5000] 1000
Perchloric Acid (concentration [60%)] greater than 60% by weight).................................................................... 7601-90-3........................................................................................... 5000
Perchloromethyl Mercaptan....................................... 594-42-3 150
Perchloryl Fluoride...................................................... 7616-94-6........................................................................................... 5000
Peroxyacetic Acid (concentration [60%;] greater than 60% Acetic Acid; also called Peracetic Acid)............... 79-21-0.............................................................................. [5000] 1000
Phosgene (also called Carbonyl Chloride).................. 75-44-5 100
Phosphine (Hydrogen Phosphide)............................ 7803-51-2 100
Phosphorus Oxychloride (also called Phosphoryl Chloride)............................................................................... 10025-87-3........................................................................................... 1000
Phosphorus Trichloride.............................................. 7719-12-2........................................................................................... 1000
Phosphoryl Chloride (also called Phosphorus Oxychloride)............................................................................... 10025-87-3........................................................................................... 1000
κ1999 Statutes of Nevada, Page 1120 (CHAPTER 264, AB 173)κ
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Propargyl Bromide........................................................ 106-96-7................................................................................ [7500] 100
Propyl Nitrate................................................................. 627-13-4................................................................................ [2500] 100
Sarin................................................................................. 107-44-8 100
Selenium Hexafluoride.............................................. 7783-79-1........................................................................................... 1000
Stibine (Antimony Hydride)...................................... 7803-52-3 500
Sulfur Dioxide (liquid)................................................ 7446-09-5........................................................................................... 1000
Sulfur Pentafluoride................................................... 5714-22-7 250
Sulfur Tetrafluoride.................................................... 7783-60-0 250
Sulfur Trioxide (also called Sulfuric Anhydride)... 7446-11-9........................................................................................... 1000
Sulfuric Anhydride (also called Sulfur Trioxide)... 7446-11-9........................................................................................... 1000
Tellurium Hexafluoride............................................. 7783-80-4 250
Tetrafluoroethylene...................................................... 116-14-3........................................................................................... 5000
Tetrafluorohydrazine............................................... 10036-47-2........................................................................................... 5000
Tetramethyl Lead............................................................ 75-74-1.............................................................................. [7500] 1000
Thionyl Chloride......................................................... 7719-09-7 250
Titanium Tetrachloride.............................................. 7550-45-0........................................................................................... 2500
Trichloro(chloromethyl) Silane................................. 1558-25-4 100
Trichloro(dichlorophenyl) Silane........................... 27137-85-5........................................................................................... 2500
Trichlorosilane........................................................... 10025-78-2........................................................................................... 5000
Trifluorochloroethylene.................................................. 79-38-9......................................................................................... 10000
Trimethyoxysilane...................................................... 2487-90-3........................................................................................... 1500
2. The division, in consultation with the health districts created pursuant to NRS 439.370, the health division of the department of human resources and the division of industrial relations of the department of business and industry, shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances. The division shall, by regulation, add to the list of highly hazardous substances any chemical that is identified as being used, manufactured, stored, or capable of being produced, at a facility, in sufficient quantities at a single site, that its release into the environment would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure.
Sec. 3. NRS 459.405 is hereby amended to read as follows:
459.405 As used in NRS 459.400 to 459.600, inclusive, unless the context otherwise requires, the words and terms defined in NRS 459.410 to 459.455, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
κ1999 Statutes of Nevada, Page 1121 (CHAPTER 264, AB 173)κ
Sec. 4. NRS 459.430 is hereby amended to read as follows:
459.430 Hazardous waste means any waste or combination of wastes, including , without limitation, solids, semisolids, liquids or contained gases, except household waste, which:
1. Because of its quantity or concentration or its physical, chemical or infectious characteristics may:
(a) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or
(b) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management.
2. Is identified as hazardous by the department as a result of studies undertaken for the purpose of identifying hazardous wastes.
The term includes, among other wastes, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.
Sec. 5. NRS 459.475 is hereby amended to read as follows:
459.475 The department shall:
1. Except as otherwise provided in NRS 459.480 , enforce the commissions regulations on hazardous waste;
2. Develop and publish a plan of management of hazardous waste in this state, including among other things, descriptions of:
(a) Sources of hazardous waste, including information on the types and quantities of the waste; [and]
(b) Current practices and costs in the management of hazardous waste, including treatment, storage and disposal; and
(c) The hazards associated with the use by a consumer of a commercial product in a manner contrary to the directions for use, cautions or warnings appearing on the label of the product, if the department determines that such a description is necessary; and
3. Cooperate with other states to bring about improved management of hazardous waste, encourage the enactment of uniform state laws relating to hazardous waste, and develop compacts between this and other states which are designed to provide for improved management of hazardous waste.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1122κ
Assembly Bill No. 483Assemblymen Anderson, Manendo, Leslie, Parks, Freeman, Buckley, Carpenter, Ohrenschall, Brower, Gustavson, Koivisto, Angle, McClain, Nolan, de Braga, Hettrick and Goldwater
CHAPTER 265
AN ACT relating to public health; authorizing a law enforcement officer, correctional officer, emergency medical attendant, fireman and any other person who is employed by an agency of criminal justice or the employer of any such person to petition a court to require a person who may have exposed the employee to a contagious disease to be tested for the human immunodeficiency virus and the hepatitis B surface antigen; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 441A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A law enforcement officer, correctional officer, emergency medical attendant, fireman or any other person who is employed by an agency of criminal justice who may have been exposed to a contagious disease while performing his official duties, or the employer of such a person, may petition a court for an order requiring the testing of a person for exposure to the human immunodeficiency virus and the hepatitis B surface antigen if the person may have exposed the officer, medical attendant, fireman or other person employed by an agency of criminal justice to a contagious disease.
2. When possible, before filing a petition pursuant to subsection 1, the person or employer petitioning shall submit information concerning the possible exposure to a contagious disease to the designated health care officer for the employer or, if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases, for verification that there was substantial exposure. Each designated health care officer or person designated by an employer to document and verify possible exposure to contagious diseases shall establish guidelines based on current scientific information to determine substantial exposure.
3. A court shall promptly hear a petition filed pursuant to subsection 1 and determine whether there is probable cause to believe that a possible transfer of blood or other bodily fluids occurred between the person who filed the petition or on whose behalf the petition was filed and the person who possibly exposed him to a contagious disease. If the court determines that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred, the court shall order the person who possibly exposed the petitioner to a contagious disease to submit two specimens of blood to a local hospital or medical laboratory for testing for exposure to the human immunodeficiency virus and the hepatitis B surface antigen. The local hospital or medical laboratory shall perform the test in accordance with generally accepted medical practices and shall disclose the results of the test in the manner set forth in section 3 of this act.
κ1999 Statutes of Nevada, Page 1123 (CHAPTER 265, AB 483)κ
4. The employer of a person who files a petition or on whose behalf a petition is filed pursuant to this section or the insurer of the employer shall pay the cost of performing the test pursuant to subsection 3.
5. As used in this section:
(a) Agency of criminal justice has the meaning ascribed to it in NRS 179A.030.
(b) Emergency medical attendant means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.
Sec. 2. NRS 441A.220 is hereby amended to read as follows:
441A.220 All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease, or by any person who has a communicable disease, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except as follows:
1. For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.
2. In a prosecution for a violation of this chapter.
3. In a proceeding for an injunction brought pursuant to this chapter.
4. In reporting the actual or suspected abuse or neglect of a child or elderly person.
5. To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the board.
6. If the person who is the subject of the information consents in writing to the disclosure.
7. Pursuant to subsection 2 of NRS 441A.320 [.] or section 3 of this act.
8. If the disclosure is made to the welfare division of the department of human resources and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for Medicaid.
9. To a fireman, police officer or person providing emergency medical services if the board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the board.
10. If the disclosure is authorized or required by specific statute.
Sec. 3. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A provider of health care shall disclose the results of all tests performed pursuant to section 1 of this act to:
(a) The person who was tested;
(b) The law enforcement officer, correctional officer, emergency medical attendant, fireman or other person who is employed by an agency of criminal justice who filed the petition or on whose behalf the petition was filed pursuant to section 1 of this act;
κ1999 Statutes of Nevada, Page 1124 (CHAPTER 265, AB 483)κ
of criminal justice who filed the petition or on whose behalf the petition was filed pursuant to section 1 of this act;
(c) The designated health care officer for the employer of the person described in paragraph (b) or, if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases; and
(d) If the person who was tested is incarcerated or detained, the person in charge of the facility in which the person is incarcerated or detained and the chief medical officer of the facility in which the person is incarcerated or detained, if any.
2. A provider of health care and an agent or employee of a provider of health care are immune from civil liability for a disclosure made in accordance with the provisions of this section.
________
Assembly Bill No. 535Committee on Natural Resources, Agriculture, and Mining
CHAPTER 266
AN ACT relating to public safety; providing for the registration and regulation of facilities that manufacture explosives for sale by the division of environmental protection of the state department of conservation and natural resources; requiring an assessment of risks through analysis of hazards to be conducted at a regulated facility where highly hazardous substances are located or explosives are manufactured for sale if such a substance or explosive is newly introduced into the facility; abolishing the requirement that the division establish a schedule for those assessments; providing penalties; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Explosive means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion, or detonation of the compound, mixture or device or any part thereof may cause an explosion. The term includes any mixture of ammonium nitrate and fuel oil. The term does not include any ammunition, powder, percussion caps, fuses, quills, matches, primers or explosive materials specified in 18 U.S.C. § 845(a)(4)-(6).
Sec. 3. 1. At least 60 days before a highly hazardous substance or explosive is newly introduced into a regulated facility, the owner or operator of the facility shall submit the facility to an assessment of risks through analysis of hazards.
κ1999 Statutes of Nevada, Page 1125 (CHAPTER 266, AB 535)κ
2. The owner or operator of a regulated facility shall not newly introduce into the facility a highly hazardous substance or explosive:
(a) Until the recommendations in the plan to abate hazards proposed by the person who conducted the assessment are carried out; or
(b) If written modifications are proposed to the plan to abate hazards, until a plan to reduce accidents is issued by the division pursuant to NRS 459.386 and the owner of the facility complies with the requirements of the plan.
Sec. 4. NRS 459.380 is hereby amended to read as follows:
459.380 The legislature hereby declares that the purposes of NRS 459.380 to 459.3874, inclusive, are to:
1. Protect the health, safety and general welfare of the residents of this state from the effects of the improper handling of hazardous chemicals or explosives at the point where [they] :
(a) The chemicals are produced, used or stored in this state; or
(b) The explosives are manufactured for sale in this state;
2. Ensure that the employees of this state who are required to work with hazardous chemicals or explosives are guaranteed a safe and healthful working environment;
3. Protect the natural resources of this state by preventing and mitigating accidental or unexpected releases of hazardous chemicals into the environment; and
4. Ensure the safe and adequate handling of [hazardous] :
(a) Hazardous chemicals that are produced, used, stored or handled in this state [.] ; and
(b) Explosives that are manufactured for sale in this state.
Sec. 5. NRS 459.3802 is hereby amended to read as follows:
459.3802 As used in NRS 459.380 to 459.3874, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 459.3804 to 459.3812, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 459.3808 is hereby amended to read as follows:
459.3808 Hazard means a characteristic of a:
1. Highly hazardous substance designated as such in NRS 459.3816 or any regulations adopted pursuant thereto;
2. System involving the use of such a highly hazardous substance;
3. Manufacturing plant using or producing a highly hazardous substance;
4. Regulated facility that manufactures explosives for sale; or
[4.] 5. Process relating to a highly hazardous substance,
which makes possible a chemical accident [.] or explosion.
Sec. 7. NRS 459.381 is hereby amended to read as follows:
459.381 Regulated facility means a building, equipment and contiguous area where [highly] :
1. Highly hazardous substances are produced, used, stored or handled [.] ; or
2. Explosives are manufactured for sale.
κ1999 Statutes of Nevada, Page 1126 (CHAPTER 266, AB 535)κ
Sec. 8. NRS 459.3812 is hereby amended to read as follows:
459.3812 Risk means a risk posed by [a] :
1. A highly hazardous substance that is produced, used, stored or handled at a regulated facility [.] ; or
2. An explosive that is manufactured for sale at a regulated facility.
Sec. 9. NRS 459.3813 is hereby amended to read as follows:
459.3813 1. Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and this section , and sections 2 and 3 of this act, apply to a regulated facility that [produces,] :
(a) Produces, uses, stores or handles a highly hazardous substance in a quantity:
[(a)] (1) Equal to or greater than the amount set forth in NRS 459.3816; or
[(b)] (2) Less than the amount set forth in NRS 459.3816 if there are two or more releases from the regulated facility of the same or different highly hazardous substances during any 12-month period and:
[(1)] (I) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or
[(2)] (II) Each quantity released is equal to or greater than a maximum quantity allowable as established by regulation of the state environmental commission [.] ; or
(b) Manufactures explosives for sale.
2. A regulated facility described in [paragraph (b)] subparagraph (2) of paragraph (a) of subsection 1 is exempt from complying with the provisions of NRS 459.380 to 459.3874, inclusive, and this section , and sections 2 and 3 of this act, if:
(a) The division determines that the regulated facility has:
(1) Carried out the detailed plan to abate hazards recommended pursuant to subsection [8] 3 of NRS 459.3852; and
(2) Complied with such other provisions of NRS 459.380 to 459.3874, inclusive, and this section, and sections 2 and 3 of this act, and the regulations adopted pursuant thereto, as the division requires; and
(b) The regulated facility obtains an exemption from the state environmental commission. The state environmental commission shall adopt by regulation the procedures for obtaining such an exemption.
3. As used in this section, highly hazardous substance means any substance designated as such in NRS 459.3816 or any regulations adopted pursuant thereto.
Sec. 10. NRS 459.3824 is hereby amended to read as follows:
459.3824 1. The owner of a regulated facility shall pay to the division an annual fee based on the fiscal year. The annual fee for each facility is the sum of a base fee set by the state environmental commission and any additional fee imposed by the commission pursuant to subsection 2. The annual fee must be prorated and may not be refunded.
2. The state environmental commission may impose an additional fee upon the owner of a regulated facility in an amount determined by the commission to be necessary to enable the division to carry out its duties pursuant to NRS 459.380 to 459.3874, inclusive. The additional fee must be based on a graduated schedule adopted by the commission which takes into consideration the quantity of hazardous substances or explosives located at each facility.
κ1999 Statutes of Nevada, Page 1127 (CHAPTER 266, AB 535)κ
based on a graduated schedule adopted by the commission which takes into consideration the quantity of hazardous substances or explosives located at each facility.
3. After the payment of the initial annual fee, the division shall send the owner of a regulated facility a bill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.
4. The owner of a regulated facility shall submit, with any payment required by this section, the number assigned by the department of taxation, for the imposition and collection of taxes pursuant to chapter 364A of NRS, to the business for which the payment is made.
5. All fees collected pursuant to this section and any interest earned thereon must be deposited with the state treasurer for credit to the fund for precaution against chemical accidents, which is hereby created as a special revenue fund.
Sec. 11. NRS 459.3826 is hereby amended to read as follows:
459.3826 1. Each owner or operator of a new regulated facility shall, within 10 days after the opening of the facility, tender the base fee and any additional fee imposed by the state environmental commission of the state department of conservation and natural resources pursuant to NRS 459.3824 for the first fiscal year with the form for registration of the facility.
2. Each owner or operator of a regulated facility registering a new highly hazardous substance or explosive at the facility shall tender the fee computed from the inventory of the highly hazardous substance or explosive when he registers the substance [.] or explosive.
Sec. 12. NRS 459.3828 is hereby amended to read as follows:
459.3828 1. The division shall develop and issue a form for registration to be completed by the owner or operator of each facility in the state which at any time [produces,] :
(a) Produces, uses, stores or handles any highly hazardous substance in the quantity required to make it hazardous, or more [.] ; or
(b) Manufactures any explosive for sale.
2. This form must provide, in addition to any other information that may be required by the division:
(a) A list of the highly hazardous substances produced, used, stored or handled at the facility and the quantity of each, which must identify whether those substances are end products, intermediate products, by-products or waste products [;
(b) A] , if the facility produces, uses, stores or handles highly hazardous substances;
(b) A list of the explosives manufactured for sale at the facility and the quantity of each, if the facility manufactures explosives for sale;
(c) A general description of the process and principal equipment involved in the management of the substances [;
(c)] or explosives;
(d) A description of the area in which the facility is situated, including its proximity to population and water supplies;
κ1999 Statutes of Nevada, Page 1128 (CHAPTER 266, AB 535)κ
[(d)] (e) The extent to which the hazards of the facility have been identified, evaluated and abated, and the expert knowledge and affiliation of the evaluators and any direct or indirect relationship between the evaluators and the owner or operator of the facility; and
[(e)] (f) The name or names of all insurance carriers underwriting the environmental liability of the facility and the scope of these policies, including any limitations and exclusions.
[2. Within 90 days after a substance is added to the list of highly hazardous substances and within 10 days after a listed substance is newly introduced into a facility, the]
3. The owner or operator of the facility shall file with the division the registration form developed and issued by the division and the report on safety of the facility required by NRS 459.383 [.] :
(a) Not later than 90 days after a substance is added to the list of highly hazardous substances, if the facility produces, uses, stores or handles highly hazardous substances;
(b) Not later than 90 days after an explosive is added to the list of explosives that are manufactured for sale at the facility, if the facility manufactures explosives for sale;
(c) At least 90 days before a highly hazardous substance is newly introduced into the facility, if the facility produces, uses, stores or handles highly hazardous substances; and
(d) At least 90 days before an explosive is newly introduced into the facility, if the facility manufactures explosives for sale.
Sec. 13. NRS 459.3836 is hereby amended to read as follows:
459.3836 1. [The] Except as otherwise provided in section 3 of this act, the owner or operator of a facility shall submit the facility to an assessment of risks through analysis of hazards at least every 5 years. The assessment must be conducted by a person or persons who possess the qualifications required pursuant to NRS 459.3842 and are selected by the owner or operator with the approval of the division.
2. In addition to other duties deemed necessary by the owner or operator or the division, the person conducting the assessment shall confirm the accuracy of the facilitys current registration and report on safety.
3. The person conducting the assessment shall, at the conclusion of the assessment, issue a report of findings, conclusions and recommendations. One executed original of this report must be sent by the consultant directly to the division.
Sec. 14. NRS 459.384 is hereby amended to read as follows:
459.384 1. The owner or operator of a regulated facility shall, [within 60 days after being notified by the division of the schedule established for the facility pursuant to NRS 459.3838,] before submitting the facility to an assessment of risks through analysis of hazards, designate a person or persons who are capable of performing an assessment of risks through analysis of hazards on its facility.
2. If any personnel of a regulated facility possess the necessary qualifications to conduct the assessment, the owner or operator of that facility may designate any of those persons to conduct the assessment.
κ1999 Statutes of Nevada, Page 1129 (CHAPTER 266, AB 535)κ
3. Each person designated to conduct the assessment shall present appropriate documentation demonstrating his ability to perform the assessment. The documentation must include:
(a) The persons qualifications in:
(1) Engineering related to chemical processes;
(2) Engineering related to safety;
(3) Preparation of operating procedures;
(4) Preparation or review of procedures for maintenance;
(5) Preparation or review of procedures for safety;
(6) Preparation or review of programs to train operators;
(7) Performance or review of investigations of accidents;
(8) Performance of analyses of hazards;
(9) Performance of risk assessments of risk;
(10) Preparation or review of plans for response to emergencies;
(11) Performance of audits of programs to manage risks; and
(12) Knowledge of the state of the art as it relates to the technology of the processes used;
(b) The qualifications and experience of additional personnel who may be assigned as needed; and
(c) The level of effort to be dedicated and a schedule, including the total time, for performing the assessment, including the following:
(1) Names of personnel assigned;
(2) Expected dates of starting and completion;
(3) Estimated total hours for all personnel; and
(4) Scope and extent of usage of collateral items such as computers and outside consultants.
Sec. 15. NRS 459.3848 is hereby amended to read as follows:
459.3848 The findings of the person who conducted the assessment must include, without limitation:
1. The identity and quality of all highly hazardous substances produced, used, stored, handled, or that could unwittingly be produced in the event of a breakdown of equipment, human error, defect in design or procedural failure, or the imposition of an external force;
2. The identity and quantity of all explosives that are manufactured for sale at the regulated facility;
3. The nature, age and condition of all of the equipment and instruments [involved in the handling and management of] used to handle and manage a highly hazardous substance or explosive at the regulated facility, and the schedules for [their] the testing and maintenance [;
3.] of the equipment and instruments;
4. The measures and precautions designed to protect against the intrusions of internal or external forces and events [,] or to control or contain discharges within the regulated facility;
[4.] 5. Any training or managerial practices in place which impart knowledge to appropriate personnel regarding the dangers posed by a release of a highly hazardous substance or a discharge of an explosive and the training provided to prepare [them] those personnel for the safe operation of the facility and for unanticipated occurrences;
κ1999 Statutes of Nevada, Page 1130 (CHAPTER 266, AB 535)κ
[5.] 6. Any other preventive maintenance, capability to respond at the regulated facility to an emergency [,] or other internal mechanism developed to safeguard against the occurrence of an accidental release of a highly hazardous substance or accidental discharge of an explosive or any other aspect or component of the facility deemed relevant by the division;
[6.] 7. The practices, procedures and equipment designed to forestall a hazard at the [covered] regulated facility; and
[7.] 8. Any other information which is relevant to carry out the purposes of the report.
Sec. 16. NRS 459.385 is hereby amended to read as follows:
459.385 The conclusions of the person who conducted the assessment must include, without limitation:
1. The nature and magnitude of any hazard at the regulated facility;
2. The likelihood of a chemical accident resulting from the hazard at the regulated facility;
3. The circumstances that would result in a discharge of a highly hazardous substance or explosive at the regulated facility;
4. The effectiveness of the systems and procedures for safety at the regulated facility and for the control of any hazards; and
5. Any other information which is relevant for the purposes of the report.
Sec. 17. NRS 459.3852 is hereby amended to read as follows:
459.3852 The recommendations of the person who conducted the assessment must include, without limitation, the following information if applicable to the facility:
1. Alternative processes, procedures or equipment which [might] may reduce the risk of a release of a highly hazardous substance or a discharge of an explosive at the regulated facility while yielding the same or commensurate results;
2. The [need] requirement for :
(a) A change in a process;
[3. The need for a]
(b) A chemical substitution or change;
[4. The need for]
(c) Any additional safety equipment;
[5. The need for a mitigation system;
6. The need for]
(d) A mitigation system;
(e) Any additional preventive maintenance or responses at the regulated facility to emergencies, to safeguard against a hazard;
[7. The need for] and
(f) Any additional planning near the regulated facility to meet emergencies;
[8.] 3. A detailed plan to abate hazards suitable for adoption as an accident reduction plan to reduce accidents; and
[9.] 4. Any other information which is relevant for the purposes of the report.
κ1999 Statutes of Nevada, Page 1131 (CHAPTER 266, AB 535)κ
Sec. 18. NRS 459.3872 is hereby amended to read as follows:
459.3872 1. If any person violates any of the provisions of NRS 459.380 to 459.386, inclusive, or 459.387, or section 3 of this act, or any regulation or order adopted or issued pursuant thereto, the division may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.
2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates a provision of NRS 459.380 to 459.386, inclusive, or 459.387, or section 3 of this act, or any regulation or order adopted pursuant thereto is liable to a civil administrative penalty as set forth in NRS 459.3874. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense. No civil administrative penalty may be levied until after notification to the violator by certified mail or personal service. The notice must include a reference to the section of the statute, regulation, order or condition of a permit violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the civil penalties to be imposed, and a statement of the violators right to a hearing. The violator has 20 days after receipt of the notice within which to deliver to the division a written request for a hearing. After the hearing if requested, and upon a finding that a violation has occurred, the administrator of the division may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice becomes a final order upon the expiration of the 20‑day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other provisions for enforcement of NRS 459.380 to 459.387, inclusive, and the payment of a civil administrative penalty does not affect the availability of any other provision for enforcement in connection with the violation for which the penalty is levied.
Sec. 19. NRS 459.3874 is hereby amended to read as follows:
459.3874 1. The civil administrative penalties are:
Category of Offense Penalty in U.S. Dollars
A. Failure to register a new or existing regulated facility: $25,000 plus $2,000 per day
from the due date
B. Failure to pay [annual fee:] the fee required pursuant to NRS 459.3824:........................................................ 75 percent of the fee
C. Failure to submit a safety report:....... $10,000 plus $1,000 per day
from the due date
D. Failure to conduct an assessment of risk through analysis of hazards pursuant to the conditions set forth in NRS 459.3844:................................................................................................. $25,000
E. Failure to put into effect plan:................................................. $50,000
F. Failure to comply with plan to reduce accidents and schedule of compliance:.................................................................. up to $5,000
κ1999 Statutes of Nevada, Page 1132 (CHAPTER 266, AB 535)κ
Category of Offense Penalty in U.S. Dollars
G. Failure to comply with approved plan to reduce accidents, each requirement:............................................................... up to $10,000
H. Failure to provide information requested by the division:.. $25,000
I. Failure to grant access to employees or agents of division for inspections:........................................................................... $25,000
J. Failure to provide information or grant access to employees or agents of division during an emergency:......................... $50,000
K. Falsification of information submitted to division: up to $10,000 per incident
2. The division may compromise and settle any claim for any penalty under this section in such amount in the discretion of the division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the division shall compromise and settle the claim for the penalty under this section in such amount as to avoid the duplication of penalties.
3. No penalty may be imposed pursuant to this section for the failure to perform a required act within the time required if the delay was caused by a natural disaster or other circumstances which are beyond the control of the violator.
4. Any person who violates any of the provisions of NRS 459.380 to 459.386, inclusive, or 459.387, or section 3 of this act, or any regulation or order adopted or issued pursuant thereto, or an administrative order issued pursuant to subsection 2 of NRS 459.3872 or a court order issued pursuant to subsection 1 of NRS 459.3872, or who fails to pay a civil administrative penalty in full is subject, upon order of the court, to a civil penalty not to exceed $10,000 per day of the violation, and each days continuance of the violation constitutes a separate and distinct violation. Any penalty imposed pursuant to this subsection may be recovered with costs in a summary proceeding by the attorney general.
Sec. 20. NRS 459.3838 is hereby repealed.
Sec. 21. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1133κ
Assembly Bill No. 574Assemblymen Humke, de Braga, Ohrenschall, Hettrick, Lee and Segerblom
CHAPTER 267
AN ACT relating to water controls; requiring that an analysis of water performed as a condition precedent to the transfer of real property be performed by a certified laboratory; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445A.863 is hereby amended to read as follows:
445A.863 1. The state board of health shall provide by regulation standards for the certification of laboratories for the analysis of water pursuant to NRS 445A.800 to 445A.955, inclusive. An analysis required pursuant to any provision of NRS 445A.800 to 445A.955, inclusive, or required by a lender as a condition precedent to the transfer of real property must be performed by a [certified laboratory.] laboratory that is certified in accordance with the standards adopted by the state board of health pursuant to this subsection.
2. The certifying officer shall conduct an evaluation at the site of each laboratory to determine whether the laboratory is using the methods of analysis required by this section in an acceptable manner, applying procedures required by regulation for the control of quality and making results available in a timely manner.
3. For analyses required pursuant to NRS 445A.800 to 445A.955, inclusive, or by a lender as a condition precedent to the transfer of real property, the methods used must comply with the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq.
4. A laboratory may be certified to perform analyses for the presence of one or more specified contaminants, or to perform all analyses required pursuant to NRS 445A.800 to 445A.955, inclusive.
________
κ1999 Statutes of Nevada, Page 1134κ
Assembly Bill No. 576Committee on Education
CHAPTER 268
AN ACT relating to school personnel; removing the requirement that a superintendent of schools of a school district be licensed as a school administrator; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.110 is hereby amended to read as follows:
391.110 1. The board of trustees of a school district may:
(a) Employ any person [licensed for the position of administrator] whom the board of trustees determines is qualified to serve as the superintendent of schools of the school district. The commission may require the superintendent of any school district to hold a masters degree.
(b) Define his powers and fix his duties.
(c) Fix his salary.
2. If the board of trustees of a school district employs a person who is not licensed as an administrator to serve as the superintendent of schools, the board of trustees shall employ a person who is licensed as an administrator to oversee the academic programs of the public schools within the school district.
3. A superintendent of schools may be employed for an initial term not to exceed 4 years. The term of any subsequent employment may be of any duration.
[3.] 4. A superintendent of schools may be dismissed at any time for cause.
[4.] 5. A superintendent of schools may administer oaths or affirmations relating to public schools.
Sec. 2. This act becomes effective on July 1, 1999.
________
κ1999 Statutes of Nevada, Page 1135κ
Assembly Bill No. 603Committee on Government Affairs
CHAPTER 269
AN ACT relating to land use; requiring a person who wishes to commence operation of a facility where explosives or certain substances will be used, manufactured, processed, transferred or stored to obtain a conditional use permit from the governing body of the city or county in which the facility is to be located; providing exceptions; establishing the procedures for granting such a permit; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1. No person may commence operation in this state of a facility where an explosive, or a substance listed in NRS 459.3816, the regulations adopted pursuant thereto or the regulations adopted pursuant to NRS 459.3833, will be used, manufactured, processed, transferred or stored without first obtaining a conditional use permit therefor from the governing body of the city or county in which the facility is to be located. Each governing body shall establish by local ordinance, in accordance with the provisions of this section, the procedures for obtaining such a permit.
2. An application for a conditional use permit must be filed with the planning commission of the city, county or region in which the facility is to be located. The planning commission shall, within 90 days after the filing of an application, hold a public hearing to consider the application. The planning commission shall, at least 30 days before the date of the hearing, cause notice of the time, date, place and purpose of the hearing to be:
(a) Sent by mail to or, if requested by a party to whom notice must be provided pursuant to this paragraph, by electronic means if receipt of such an electronic notice can be verified, to:
(1) The applicant;
(2) Each owner or tenant of real property located within 1,000 feet of the property in question;
(3) If a mobile home park or multiple-unit residence is located within 1,000 feet of the property in question, each tenant of that mobile home park or multiple-unit residence;
(4) Any advisory board that has been established for the affected area by the governing body;
(5) The administrator of the division of environmental protection of the state department of conservation and natural resources;
(6) The state fire marshal; and
(7) The administrator of the division of industrial relations of the department of business and industry; and
(b) Published in a newspaper of general circulation within the city or county in which the property in question is located.
3. The notice required by subsection 2 must:
κ1999 Statutes of Nevada, Page 1136 (CHAPTER 269, AB 603)κ
(a) Be written in language that is easy to understand; and
(b) Include a physical description or map of the property in question and a description of all explosives, and all substances described in subsection 1, that will be located at the facility.
4. In considering the application, the planning commission shall:
(a) Consult with:
(1) Local emergency planning committees;
(2) The administrator of the division of environmental protection of the state department of conservation and natural resources;
(3) The state fire marshal;
(4) The administrator of the division of industrial relations of the department of business and industry; and
(5) The governing body of any other city or county that may be affected by the operation of the facility; and
(b) Consider fully the effect the facility will have on the health and safety of the residents of the city, county or region.
5. The planning commission shall, within a reasonable time after the public hearing, submit to the governing body its recommendations for any actions to be taken on the application. If the planning commission recommends that a conditional use permit be granted to the applicant, it shall include in its recommendations such terms and conditions for the operation of the facility as it deems necessary for the protection of the health and safety of the residents of the city, county or region.
6. The governing body shall, within 30 days after the receipt of the recommendations of the planning commission, hold a public hearing to consider the application. The governing body shall:
(a) Cause notice of the hearing to be given in the manner prescribed by subsection 2; and
(b) Grant or deny the conditional use permit within 30 days after the public hearing.
7. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.
8. Except as otherwise provided in subsection 9, as used in this section, explosive means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing or combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture, device or any part thereof may cause an explosion.
9. For the purposes of this section, an explosive does not include:
(a) Ammunition for small arms, or any component thereof;
(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:
(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or
κ1999 Statutes of Nevada, Page 1137 (CHAPTER 269, AB 603)κ
(2) In an antique device which is exempted from the definition of destructive device pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or
(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 278.265 is hereby amended to read as follows:
278.265 1. Any ordinance enacted pursuant to the provisions of NRS 278.264 must provide, in substance, the same notice of hearing and conduct of hearing safeguards required by NRS 278.315 or 278.480, whichever is applicable.
2. The governing body shall, by ordinance, set forth the duties and powers of the hearing examiner, including a statement of whether the hearing examiner may take final action on any matter assigned to him by the governing body.
3. [The] Except as otherwise provided in subsection 4, the governing body may authorize the hearing examiner to take final action on matters relating to a variance, vacation, abandonment, special use permit, conditional use permit and other special exception or application specified in the ordinance.
4. The governing body shall not authorize the hearing examiner to take final action on [matters] :
(a) Matters relating to a zoning classification, zoning district or an amendment to a zoning boundary.
(b) An application for a conditional use permit that is filed pursuant to section 1 of this act.
5. An ordinance adopted pursuant to NRS 278.264 must set forth the manner in which an applicant or protestant may appeal any final action taken by the hearing examiner to the governing body.
Sec. 4. NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.
2. A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201.
κ1999 Statutes of Nevada, Page 1138 (CHAPTER 269, AB 603)κ
different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each owner, as listed on the county assessors records, of at least 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
4. An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board of adjustment, planning commission or hearing examiner to the governing body.
5. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to sending the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing permitted use and zoning designation of the property in question;
(b) The proposed permitted use of the property in question;
(c) The date, time and place of the public hearing; and
(d) A telephone number which may be used by interested persons to obtain additional information.
κ1999 Statutes of Nevada, Page 1139 (CHAPTER 269, AB 603)κ
6. A sign required pursuant to subsection 5 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
7. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection 5, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
8. The governing body shall remove or cause to be removed any sign required by subsection 5 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
9. The provisions of this section do not apply to an application for a conditional use permit filed pursuant to section 1 of this act.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. For the purpose of adopting the local ordinances required by section 1 of this act, sections 1 to 4, inclusive, of this act become effective upon passage and approval. For all other purposes:
(a) Sections 1, 2 and 3 of this act become effective on October 1, 1999.
(b) Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1999.
________
Assembly Bill No. 616Committee on Judiciary
CHAPTER 270
AN ACT relating to crimes against property; increasing the penalty for certain crimes involving an unauthorized, forged or counterfeit trade-mark or design; establishing a rebuttable inference regarding the existence of the intent to sell certain items; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.210 is hereby amended to read as follows:
205.210 [Every person who]
1. A person shall not knowingly sell, display or advertise, or have in his possession with intent to sell, any goods, wares, merchandise, mixture, preparation or compound having affixed thereto any label, trade-mark, term, design, device or form of advertisement lawfully filed for record in the office of the secretary of state by any person, corporation, association or union, or the exclusive right to the use of which is guaranteed to [such] the person, corporation, association or union under the laws of the United States, [which] if the label, trade-mark, term, design, device or form of advertisement [shall have] has been used or affixed thereto without the written authority of [such] the person, corporation, association or union, or having affixed thereto any forged or counterfeit representation, likeness, similitude, copy or imitation thereof . [, shall be guilty of a misdemeanor.]
κ1999 Statutes of Nevada, Page 1140 (CHAPTER 270, AB 616)κ
2. Except as otherwise provided in subsection 3, a violation of the provisions of subsection 1 is a misdemeanor.
3. A violation of the provisions of subsection 1 is:
(a) A category E felony if:
(1) The person committing the violation has been previously convicted one time for a violation of the provisions of subsection 1; or
(2) The goods, wares, merchandise, mixture, preparation or compound with respect to which the person violated the provisions of subsection 1:
(I) Consists of at least 100 but less than 1,000 salable units; or
(II) Has a retail value of at least $1,000 but less than $10,000.
(b) A category D felony if:
(1) The person committing the violation has been previously convicted two or more times for a violation of the provisions of subsection 1; or
(2) The goods, wares, merchandise, mixture, preparation or compound with respect to which the person violated the provisions of subsection 1:
(I) Consists of at least 1,000 salable units; or
(II) Has a retail value of at least $10,000.
4. For the purposes of this section, in accordance with the provisions of NRS 47.230, it may be reasonably inferred that a person intends to sell goods, wares, merchandise, a mixture, a preparation or a compound if the person knowingly possesses at least 26 salable units of the goods, wares, merchandise, mixture, preparation or compound.
5. As used in this section, retail value means:
(a) If the item that is identified by a label, trade-mark, term, design, device or form of advertisement in violation of subsection 1 is a component of a finished product with multiple components, the price at which the person in violation of subsection 1 regularly sells the finished product; or
(b) For any other item that is identified by a label, trade-mark, term, design, device or form of advertisement in violation of subsection 1, the price at which the person in violation of subsection 1 regularly sells the item.
Sec. 2. The amendatory provisions of this act do not apply offenses that were committed before October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1141κ
Assembly Bill No. 650Committee on Judiciary
CHAPTER 271
AN ACT relating to judicial process; authorizing the supreme court to establish rules governing the electronic filing, storage and reproduction of documents filed with various courts; authorizing certain peace officers and other persons to issue certain electronic citations and to file such citations electronically with a court or traffic violations bureau; providing a penalty; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 1 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The supreme court may adopt rules not inconsistent with the laws of this state to provide for the electronic filing, storage and reproduction of documents filed with the courts of justice.
2. If the supreme court adopts such rules, each court of justice may provide for the electronic filing, storage and reproduction of documents filed with the court in accordance with those rules.
Sec. 2. NRS 62.175 is hereby amended to read as follows:
62.175 Whenever any child is stopped by a peace officer for any violation of a traffic law or an ordinance which is punishable as a misdemeanor, the peace officer may prepare and issue a [written] traffic citation [under] pursuant to the same criteria as would apply to an adult violator. If the child gives his written promise to appear in court by signing the citation, the officer shall deliver a copy of the citation to the child and shall not take him into physical custody for the violation.
Sec. 3. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for a person to violate his written promise to appear given to a peace officer upon the issuance of a misdemeanor citation prepared manually or electronically, regardless of the disposition of the charge for which the citation was originally issued.
2. A person may comply with a written promise to appear in court by an appearance by counsel.
3. A warrant may issue upon a violation of a written promise to appear.
Sec. 4. NRS 171.1773 is hereby amended to read as follows:
171.1773 1. Whenever a person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and he is not taken before a magistrate as required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace officer may prepare a [written] misdemeanor citation manually or electronically in the form of a complaint issuing in the name of The State of Nevada or in the name of the respective county, city or town, containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the offense charged, including a brief description of the offense and the NRS or ordinance citation, the time when and place where the person is required to appear in court, and such other pertinent information as may be necessary.
κ1999 Statutes of Nevada, Page 1142 (CHAPTER 271, AB 650)κ
when and place where the person is required to appear in court, and such other pertinent information as may be necessary. The citation must be signed by the peace officer. If the citation is prepared electronically, the officer shall sign the copy of the citation that is delivered to the person charged with the violation.
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the [written] misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave his written promise to appear. A copy of the citation that is signed by the person charged [shall suffice] or the electronic record of the citation which indicates that the person charged gave his written promise to appear suffices as proof of service.
[5. It is unlawful for any person to violate his written promise to appear given to a peace officer upon the issuance of a misdemeanor citation regardless of the disposition of the charge for which the citation was originally issued.]
Sec. 5. NRS 171.1774 is hereby amended to read as follows:
171.1774 1. In those instances described in NRS 171.1772, the peace officer summoned after the arrest shall prepare a [written] misdemeanor citation manually or electronically in the form of a complaint issuing in the name of The State of Nevada or in the name of the respective county, city or town, and containing:
(a) A notice to appear in court;
(b) The name and address of the person;
(c) The state registration number of his vehicle, if any;
(d) The offense charged, including a brief description of the offense and the NRS or ordinance citation;
(e) The time when and place where the person is required to appear in court;
(f) Such other pertinent information as may be necessary; and
(g) The signatures of the private person making the arrest and the peace officer preparing the citation.
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the [written] misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation.
κ1999 Statutes of Nevada, Page 1143 (CHAPTER 271, AB 650)κ
deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave his written promise to appear. A copy of the citation that is signed by the person charged [shall suffice] or the electronic record of the citation which indicates that the person charged gave his written promise to appear suffices as proof of service.
[5. It is unlawful for any person to violate his written promise to appear given to a peace officer upon the issuance of a misdemeanor citation regardless of the disposition of the charge for which the citation was originally issued.]
Sec. 6. NRS 171.1775 is hereby amended to read as follows:
171.1775 1. Every county, city or town law enforcement agency in this state shall provide in appropriate form misdemeanor citations containing notices to appear which must [be issued in books and] meet the requirements of NRS 171.177 to 171.1779, inclusive [.] , and be:
(a) Issued in books; or
(b) Available through an electronic device used to prepare the citations.
2. The chief administrative officer of each law enforcement agency is responsible for the issuance of such books and electronic devices and shall maintain a record of each book , each electronic device and each citation contained therein issued to individual members of the law enforcement agency. The chief administrative officer shall require and retain a receipt for every book and electronic device that is issued.
Sec. 7. NRS 171.1776 is hereby amended to read as follows:
171.1776 1. Every peace officer upon issuing a misdemeanor citation, pursuant to NRS 171.177 to 171.1779, inclusive, to an alleged violator of any provision of a county, city or town ordinance or of a state law which is punishable as a misdemeanor shall [deposit] file manually or, if the provisions of subsection 2 are satisfied, file electronically the original or a copy of such misdemeanor citation with a court having jurisdiction over the alleged offense.
2. A copy of a misdemeanor citation that is prepared electronically may be filed electronically with a court having jurisdiction over the alleged offense if the court:
(a) Authorizes such electronic filing;
(b) Has the ability to receive and store the citation electronically; and
(c) Has the ability to physically reproduce the citation upon request.
3. Upon the [deposit] filing of the original or a copy of such misdemeanor citation with a court having jurisdiction over the alleged offense, such original or copy of such misdemeanor citation may be disposed of only by trial in such court or other official action by a judge of such court.
[3.] 4. It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of a misdemeanor citation or copies thereof or of the record of the issuance of a misdemeanor citation in a manner other than as required in this section.
κ1999 Statutes of Nevada, Page 1144 (CHAPTER 271, AB 650)κ
[4.] 5. The chief administrative officer of every county, city or town law enforcement agency shall require the return to him of a physical copy or electronic record of every misdemeanor citation issued by an officer under his supervision to an alleged misdemeanant and of all physical copies or electronic records of every misdemeanor citation which has been spoiled or upon which any entry has been made and not issued to an alleged misdemeanant.
[5.] 6. Such chief administrative officer shall also maintain or cause to be maintained in connection with every misdemeanor citation issued by an officer under his supervision a record of the disposition of the charge by the court in which the original or copy of the misdemeanor citation was [deposited.] filed.
Sec. 8. NRS 171.1778 is hereby amended to read as follows:
171.1778 If the form of citation [includes] :
1. Includes information whose truthfulness is attested as required for a complaint charging commission of the offense alleged in the citation to have been committed [,] ; or
2. Is prepared electronically,
then the citation when filed with a court of competent jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution.
Sec. 9. NRS 392.142 is hereby amended to read as follows:
392.142 1. The principal of a school shall report to the appropriate local law enforcement agency the name of any pupil enrolled in that school who is a habitual truant.
2. Upon receipt of such a report, if it appears after investigation that the pupil is a habitual truant, the law enforcement agency shall prepare manually or electronically a [written] citation directing the pupil to appear in the proper juvenile court.
3. A copy of the citation must be delivered to the pupil and to the parent, guardian or any other person who has control or charge of the pupil by:
(a) The local law enforcement agency;
(b) A school police officer employed by the board of trustees of the school district; or
(c) An attendance officer appointed by the board of trustees of the school district.
4. The citation must be in the form prescribed for misdemeanor citations in NRS 171.1773.
Sec. 10. NRS 483.465 is hereby amended to read as follows:
483.465 1. If a driver who holds a Nevada drivers license violates a written promise to appear pursuant to a citation [issued] that was prepared manually or electronically for a violation of a traffic law or ordinance occurring within this state other than one governing standing or parking, the clerk of the court shall immediately notify the department on a form approved by the department.
2. Upon receipt of notice from a court in this state of a failure to appear, the department shall notify the driver by mail that his privilege to drive is subject to suspension and allow him 30 days after the date of mailing the notice to:
κ1999 Statutes of Nevada, Page 1145 (CHAPTER 271, AB 650)κ
(a) Appear in court and obtain a dismissal of the citation or complaint as provided by law;
(b) Appear in court and, if permitted by the court, make an arrangement acceptable to the court to satisfy a judgment of conviction; or
(c) Make a written request to the department for a hearing.
3. If notified by a court, within 30 days after the notice of a failure to appear, that a driver has been allowed to make an arrangement for the satisfaction of a judgment of conviction, the department shall remove the suspension from the drivers record. If the driver subsequently defaults on his arrangement with the court, the court shall notify the department which shall immediately suspend the drivers license until the court notifies the department that the suspension may be removed.
4. The department shall suspend the license of a driver 31 days after it mails him the notice provided for in subsection 2, unless within that time it has received a written request for a hearing from the driver or notice from the court on a form approved by the department that the driver has appeared or the citation or complaint has been dismissed. A license so suspended remains suspended until further notice is received from the court that the driver has appeared or that the case has been otherwise disposed of as provided by law.
Sec. 11. NRS 484.4085 is hereby amended to read as follows:
484.4085 1. A local law enforcement agency may appoint volunteers to issue citations , prepared manually or electronically, for the violation of the provisions of NRS 484.408 or ordinances enacted by a local authority that govern parking for the handicapped.
2. The local law enforcement agency appointing volunteers shall:
(a) Establish minimum qualifications for the volunteers;
(b) Provide training to the volunteers before authorizing them to issue citations; and
(c) Provide the volunteers with appropriate equipment, including, but not limited to, uniforms or other identifying attire and traffic citations issued in books [.] or electronic devices that may be used to issue citations.
3. A citation issued by a volunteer appointed pursuant to subsection 1 has the same force and effect as a citation issued by a peace officer. The volunteer shall [deposit] file the original or a copy of the citation in the manner prescribed in [subsection 1 of] NRS 484.813.
4. For the purposes of this section, a person who volunteers to a local law enforcement agency to issue citations pursuant to subsection 1 shall be deemed an employee of a political subdivision of this state for the purposes of NRS 616A.160 if he has successfully completed the training course for the issuance of such citations provided by the local law enforcement agency.
5. Local law enforcement agencies are not liable for the negligent acts or omissions of a person who volunteers to issue citations pursuant to subsection 1 unless:
(a) The volunteer made a specific promise or representation to a natural person who relied upon the promise or representation to his detriment; or
(b) The conduct of the volunteer affirmatively caused the harm.
The provisions of this section are not intended to abrogate the principal of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.
κ1999 Statutes of Nevada, Page 1146 (CHAPTER 271, AB 650)κ
6. An owner of private property on which there are parking spaces designated for the handicapped, or the owner or operator of a business establishment located on such property, is not liable for any acts or omissions resulting from the issuance of a citation by a volunteer pursuant to this section.
Sec. 12. NRS 484.695 is hereby amended to read as follows:
484.695 1. Peace officers and inspectors of the department, in pursuance of assigned duty, having reasonable cause to believe that any vehicle or combination of vehicles is not equipped as required by this chapter or is in such unsafe condition as to endanger the driver or other occupant or any person upon a public highway or does not comply with any standards for tires or brakes adopted pursuant to subsection 4, may require the driver thereof to stop and submit the vehicle or combination of vehicles to an inspection of the mechanical condition or equipment thereof and such tests with reference thereto as may be appropriate.
2. If a vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this chapter or does not comply with any standards for tires or brakes adopted pursuant to subsection 4, the peace officer or inspector causing the inspection to be made may give the owner of the vehicle a [written] citation or notice of violation and further require the owner of the vehicle to produce in court or the office of the peace officer or inspector satisfactory evidence that the vehicle or its equipment has been made to conform with the requirements of this chapter and regulations adopted [thereunder.] pursuant thereto.
3. The director may establish centers for the inspection of motor vehicles for safety at the branch offices of the department for the purpose of inspecting vehicles intended to be registered in the [state.] State of Nevada. Inspections at these centers are limited to examination of tires and brakes on motor vehicles which have a declared gross weight of less than 10,000 pounds and which were manufactured more than 2 years before the date of inspection.
4. The director shall adopt regulations prescribing the standards for tires and brakes.
Sec. 13. NRS 484.799 is hereby amended to read as follows:
484.799 1. Whenever a person is halted by a peace officer for any violation of this chapter punishable as a misdemeanor and is not taken before a magistrate as required or permitted by NRS 484.793 and 484.795, the peace officer may prepare a [written] traffic citation manually or electronically in the form of a complaint issuing in the name of The State of Nevada, containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the number of his drivers license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary. The citation must be signed by the peace officer. If the citation is prepared electronically, the officer shall sign the copy of the citation that is delivered to the person charged with the violation.
κ1999 Statutes of Nevada, Page 1147 (CHAPTER 271, AB 650)κ
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice to appear must be before a magistrate, as designated in NRS 484.803.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the [written] traffic citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave his written promise to appear. A copy of the citation that is signed by the person charged [shall suffice] or the electronic record of the citation which indicates that the person charged gave his written promise to appear suffices as proof of service.
Sec. 14. NRS 484.801 is hereby amended to read as follows:
484.801 Except for felonies and those offenses set forth in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 484.791, a peace officer at the scene of a traffic accident may issue a [written] traffic citation, as provided in NRS 484.799, or a misdemeanor citation, as provided in NRS 171.1773, to any person involved in the accident when, based upon personal investigation, the peace officer has reasonable and probable grounds to believe that the person has committed any offense [under] pursuant to the provisions of this chapter or of chapter 482, 483, 485, 486 or 706 of NRS in connection with the accident.
Sec. 15. NRS 484.803 is hereby amended to read as follows:
484.803 1. Whenever any person is taken before a magistrate or is given a [written] traffic citation containing a notice to appear before a magistrate as provided for in NRS 484.799, the magistrate must be a justice of the peace or municipal judge who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the alleged violation occurred, except that when the offense is alleged to have been committed within an incorporated municipality wherein there is an established court having jurisdiction of the offense, the person must be taken without unnecessary delay before that court.
2. For the purpose of this section, the terms magistrate and court include magistrates and courts having jurisdiction of offenses under the law of this state as committing magistrates and courts and those having jurisdiction of the trials of such offenses.
Sec. 16. NRS 484.805 is hereby amended to read as follows:
484.805 Whenever any person is taken into custody by a peace officer for the purpose of taking him before a magistrate or court as authorized or required in this chapter upon any charge other than a felony or the offenses enumerated in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 484.791, and no magistrate is available at the time of arrest, and there is no bail schedule established by the magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court, the person must be released from custody upon the issuance to him of a [written] misdemeanor citation or traffic citation and his signing a promise to appear, as provided in NRS 171.1773 or 484.799, respectively.
κ1999 Statutes of Nevada, Page 1148 (CHAPTER 271, AB 650)κ
released from custody upon the issuance to him of a [written] misdemeanor citation or traffic citation and his signing a promise to appear, as provided in NRS 171.1773 or 484.799, respectively.
Sec. 17. NRS 484.807 is hereby amended to read as follows:
484.807 1. It is unlawful for any person to violate his written promise to appear given to a peace officer upon the issuance of a traffic citation prepared manually, regardless of the disposition of the charge for which [such] the citation was originally issued.
2. A person may comply with a written promise to appear in court [may be complied with] by an appearance by counsel.
3. A warrant may issue upon a violation of a written promise to appear.
Sec. 18. NRS 484.810 is hereby amended to read as follows:
484.810 1. A traffic citation for a parking violation may be prepared manually or electronically.
2. When a traffic citation for a parking violation has been issued identifying by license number a vehicle registered to a person who has not signed the citation, a bench warrant may not be issued for that person for failure to appear before the court unless:
[1.] (a) A notice to appear concerning the violation is first sent to the person by first-class mail within 60 days after the citation is issued; and
[2.] (b) The person does not appear within 20 days after the date of the notice or the notice to appear is returned with a report that it cannot be delivered.
Sec. 19. NRS 484.811 is hereby amended to read as follows:
484.811 1. Every traffic enforcement agency in this state shall provide in appropriate form traffic citations containing notices to appear which must [be issued in books and] meet the requirements of this chapter [.] and be:
(a) Issued in books; or
(b) Available through an electronic device used to prepare citations.
2. The chief administrative officer of each traffic enforcement agency is responsible for the issuance of such books and electronic devices and shall maintain a record of each book , each electronic device and each citation contained therein issued to individual members of the traffic enforcement agency [.] and volunteers of the traffic enforcement agency appointed pursuant to NRS 484.4085. The chief administrative officer shall require and retain a receipt for every book and electronic device that is issued.
Sec. 20. NRS 484.813 is hereby amended to read as follows:
484.813 1. Every peace officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town shall [deposit] file manually or, if the provisions of subsection 2 are satisfied, file electronically the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.
2. A copy of a traffic citation that is prepared electronically and issued to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town may be filed electronically with a court having jurisdiction over the alleged offense or with its traffic violations bureau if the court or traffic violations bureau, respectively:
κ1999 Statutes of Nevada, Page 1149 (CHAPTER 271, AB 650)κ
(a) Authorizes such electronic filing;
(b) Has the ability to receive and store the citation electronically; and
(c) Has the ability to physically reproduce the citation upon request.
3. Upon the [deposit] filing of the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the traffic citation may be disposed of only by trial in that court or other official action by a judge of that court, including forfeiture of the bail, or by the deposit of sufficient bail with, or payment of a fine to, the traffic violations bureau by the person to whom the traffic citation has been issued by the peace officer.
[3.] 4. It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of a traffic citation or copies of it or of the record of the issuance of a traffic citation in a manner other than as required in this section.
[4.] 5. The chief administrative officer of every traffic enforcement agency shall require the return to him of a physical copy or electronic record of every traffic citation issued by an officer under his supervision to an alleged violator of any traffic law or ordinance and of all physical copies or electronic records of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.
[5.] 6. The chief administrative officer shall also maintain or cause to be maintained a record of every traffic citation issued by officers under his supervision. The record must be retained for at least 2 years after issuance of the citation.
7. As used in this section, officer includes a volunteer appointed to a traffic enforcement agency pursuant to NRS 484.4085.
Sec. 21. NRS 484.817 is hereby amended to read as follows:
484.817 If the form of citation [includes] :
1. Includes information whose truthfulness is attested as required for a complaint charging commission of the offense alleged in the citation to have been committed [,] ; or
2. Is prepared electronically,
then the citation when filed with a court of competent jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution [under] pursuant to this chapter.
Sec. 22. NRS 706.235 is hereby amended to read as follows:
706.235 1. Whenever a peace officer detains the driver of a heavy-duty motor vehicle for a violation of any provision of this chapter or any other specific statute or regulation relating to the equipment, lights, brakes, tires, mechanisms or safety appliances required of such a vehicle, the peace officer shall, in lieu of arresting the driver, prepare manually or electronically and issue a [written] citation, a [written] notice of correction, or both. If a notice of correction is issued, it must set forth the violation with particularity and specify the corrective action which must be taken.
2. If at the time of the issuance of a citation or a notice of correction, the peace officer determines that the vehicle is unsafe and poses an immediate threat to the life of the driver or any other person upon a public highway, the peace officer may require that the vehicle be taken to the nearest garage or other place where the vehicle may be safely repaired. If the vehicle is transporting wet concrete or other perishable cargo and does not pose an immediate threat to life, and if the destination of the vehicle is within a distance of not more than 15 miles, the peace officer shall not delay the vehicle for more than 15 minutes and shall permit the vehicle to proceed to its destination and unload its cargo.
κ1999 Statutes of Nevada, Page 1150 (CHAPTER 271, AB 650)κ
transporting wet concrete or other perishable cargo and does not pose an immediate threat to life, and if the destination of the vehicle is within a distance of not more than 15 miles, the peace officer shall not delay the vehicle for more than 15 minutes and shall permit the vehicle to proceed to its destination and unload its cargo. Upon the arrival of the vehicle at its destination, the peace officer may order that the vehicle be taken, after the cargo of the vehicle has been unloaded, to the nearest garage or other place where the vehicle may be safely repaired.
3. As used in this section:
(a) Heavy-duty motor vehicle means a motor vehicle which:
(1) Has a manufacturers gross vehicle weight rating of 10,000 pounds or more; and
(2) Is owned or leased by or otherwise used in the regular course of the business of a common, contract or private motor carrier.
(b) Peace officer means:
(1) A peace officer or an inspector of the department; or
(2) A sheriff, peace officer or traffic officer assisting in the enforcement of the provisions of this chapter.
Sec. 23. The amendatory provisions of this act do not apply to offenses that were committed before July 1, 1999.
Sec. 24. This act becomes effective on July 1, 1999.
________
Senate Bill No. 13Committee on Commerce and Labor
CHAPTER 272
AN ACT relating to cosmetology; establishing a program for the training of cosmetologists apprentices; providing a fee for the registration of such apprentices; authorizing the issuance of a citation and providing an administrative penalty for the unauthorized practice of cosmetology; providing a fee for an application for a license to practice cosmetology; revising the requirements relating to reciprocity for licensure in any branch of cosmetology; revising provisions governing the licensure of a cosmetological establishment; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Cosmetologists apprentice means a person who is engaged in learning the occupation of a cosmetologist in a cosmetological establishment and who is registered with the board to practice cosmetology as a cosmetologists apprentice.
Sec. 3. 1. The board may issue a certificate of registration as a cosmetologists apprentice to a person if:
(a) The person is a resident of a county whose population is less than 35,000;
(b) The person is required to travel more than 60 miles from his place of residence to attend a licensed school of cosmetology; and
κ1999 Statutes of Nevada, Page 1151 (CHAPTER 272, SB 13)κ
(c) The training of the person as a cosmetologists apprentice will be conducted at a licensed cosmetological establishment that is located in such a county.
2. An applicant for a certificate of registration as a cosmetologists apprentice must submit an application to the board on a form prescribed by the board. The application must be accompanied by a fee of $100 and must include:
(a) A statement signed by the licensed cosmetologist who will be supervising and training the cosmetologists apprentice which states that the licensed cosmetologist has been licensed by the board to practice cosmetology in this state for not less than 3 years immediately preceding the date of the application and that his license has been in good standing during that period;
(b) A statement signed by the owner of the licensed cosmetological establishment where the applicant will be trained which states that the owner will permit the applicant to be trained as a cosmetologists apprentice at the cosmetological establishment; and
(c) Such other information as the board may require by regulation.
3. A certificate of registration as a cosmetologists apprentice is valid for 2 years after the date on which it is issued and may be renewed by the board upon good cause shown.
Sec. 4. 1. A cosmetologists apprentice shall display the certificate of registration issued to him by the board in plain view of the public at the position where he is being trained. The cosmetologists apprentice, the licensed cosmetologist supervising and training the cosmetologists apprentice, and the owner of the cosmetological establishment where the cosmetologists apprentice is being trained shall not advertise or hold the cosmetologists apprentice out as being a licensed cosmetologist, or use any title or abbreviation that would indicate that the cosmetologists apprentice is a licensed cosmetologist.
2. To receive credit for his apprenticeship, a cosmetologists apprentice must be regularly employed during his training by:
(a) The cosmetological establishment where he is being trained; or
(b) If the cosmetologists apprentice is being supervised and trained by a licensed cosmetologist who is leasing space in a cosmetological establishment, the licensed cosmetologist.
3. Not more than one cosmetologists apprentice may be employed at any time at a licensed cosmetological establishment.
4. A licensed cosmetologist who is supervising and training a cosmetologists apprentice shall:
(a) Supervise all work done by the cosmetologists apprentice; and
(b) Be in attendance at all times that the cosmetologists apprentice is engaged in the practice of cosmetology.
5. A licensed cosmetologist who is supervising and training a cosmetologists apprentice shall keep a daily record of the training that is provided to the cosmetologists apprentice. The licensed cosmetologist shall:
κ1999 Statutes of Nevada, Page 1152 (CHAPTER 272, SB 13)κ
(a) Keep the daily records at the cosmetological establishment where the cosmetologists apprentice is being trained and, upon the request of the board, make the daily records available to the board; and
(b) Submit a copy of the records to the board at such regular intervals as the board may require by regulation.
6. For the purposes of this chapter:
(a) A licensed cosmetologist is not required to obtain a license from the board as an instructor to train a cosmetologists apprentice pursuant to this section and section 3 of this act, and the licensed cosmetologist is not subject to regulation as an instructor because he provides such training.
(b) A licensed cosmetological establishment which employs a cosmetologists apprentice or at which a cosmetologists apprentice is being trained is not subject to regulation as a school of cosmetology because the cosmetologists apprentice is being trained at the cosmetological establishment.
7. The board may adopt:
(a) Regulations relating to the qualifications of a licensed cosmetologist to supervise and train a cosmetologists apprentice;
(b) Regulations relating to the procedures and subject matter that must be included in the training of a cosmetologists apprentice;
(c) Regulations relating to the training of a cosmetologists apprentice to verify the number of hours of training received by the cosmetologists apprentice; and
(d) Such other regulations as the board determines necessary to carry out the provisions of this section and section 3 of this act.
Sec. 5. 1. In addition to any other penalty:
(a) The board may issue a citation to a person who violates the provisions of NRS 644.190. 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 may contain an order to cease and desist.
(b) Upon finding that a person has violated the provisions of NRS 644.190, 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 a finding of a violation of NRS 644.190, the person must request a hearing by written notice of appeal to the board within 30 days after the date on which the citation is issued.
Sec. 6. NRS 644.020 is hereby amended to read as follows:
644.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644.0205 to 644.029, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 644.190 is hereby amended to read as follows:
644.190 1. It is unlawful for any person to conduct or operate a cosmetological establishment, school of cosmetology or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced unless he is licensed in accordance with the provisions of this chapter.
κ1999 Statutes of Nevada, Page 1153 (CHAPTER 272, SB 13)κ
cosmetology are taught or practiced unless he is licensed in accordance with the provisions of this chapter.
2. Except as otherwise provided in subsection 4, it is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless he is licensed in accordance with the provisions of this chapter.
3. This chapter does not prohibit:
(a) Any student in any school of cosmetology [,] established pursuant to the provisions of this chapter [,] from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.
(b) An electrologists apprentice from participating in a course of practical training and study.
(c) A person issued a provisional license as an instructor pursuant to NRS 644.193 from acting as an instructor and accepting compensation therefor [,] while accumulating the hours of training as a teacher required for an instructors license.
(d) The rendering of cosmetological services by a person who is licensed in accordance with the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.
(e) A registered cosmetologists apprentice from engaging in the practice of cosmetology under the immediate supervision of a licensed cosmetologist.
4. A person employed to render cosmetological services in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing requirements of this chapter if he renders cosmetological services only to persons who will appear in that motion picture, television program, commercial or advertisement.
Sec. 8. NRS 644.200 is hereby amended to read as follows:
644.200 1. The board shall admit to examination for a license as a cosmetologist, at any meeting of the board held to conduct examinations, any person who has made application to the board in proper form and paid the fee, and who before or on the date of the examination:
(a) Is not less than 18 years of age.
(b) Is of good moral character.
(c) Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.
(d) Has had any one of the following:
(1) Training of at least 1,800 hours, extending over a school term of 10 months, in a school of cosmetology approved by the board.
(2) Practice of the occupation of a cosmetologist for a period of 4 years outside this state.
(3) If the applicant is a barber registered pursuant to chapter 643 of NRS, 400 hours of specialized training approved by the board.
κ1999 Statutes of Nevada, Page 1154 (CHAPTER 272, SB 13)κ
(4) Completion of at least 3,600 hours of service as a cosmetologists apprentice in a licensed cosmetological establishment in which all of the occupations of cosmetology are practiced. The required hours must have been completed during the period of validity of the certificate of registration as a cosmetologists apprentice issued to the person pursuant to section 3 of this act.
2. A registered barber who fails the examination for a license as a cosmetologist must complete further study as prescribed by the board, not exceeding 250 hours, in a school of cosmetology approved by the board before he is again entitled to take the examination.
Sec. 9. NRS 644.210 is hereby amended to read as follows:
644.210 1. An application for admission to examination or for a license in any branch of cosmetology , or for a certificate of registration as a cosmetologists apprentice, must be made in writing on forms furnished by the board and must be submitted within the period designated by the board. The board shall charge a fee of $15 for furnishing the forms.
2. An application must [be accompanied by a fee of $15 and] contain proof of the qualifications of the applicant for examination or licensure. The application must be verified by the oath of the applicant.
Sec. 10. NRS 644.212 is hereby amended to read as follows:
644.212 An application for the issuance of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, must include the social security number of the applicant.
Sec. 11. NRS 644.214 is hereby amended to read as follows:
644.214 1. An applicant for the issuance or renewal of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license or evidence of registration; or
(b) A separate form prescribed by the board.
3. A license or evidence of registration may not be issued or renewed by the board pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
κ1999 Statutes of Nevada, Page 1155 (CHAPTER 272, SB 13)κ
owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 12. NRS 644.310 is hereby amended to read as follows:
644.310 Upon application to the board, accompanied by a fee of $100, a person currently licensed in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination, unless the board sees fit to require an examination, be granted a license to practice the occupation in which the applicant was previously licensed upon [the following conditions:
1. That he is] proof satisfactory to the board that the applicant:
1. Is not less than 18 years of age.
2. [That he is] Is of good moral character.
3. [That he] Has successfully completed a nationally recognized written examination in this state or in the state or territory or the District of Columbia in which he is licensed.
4. [That he can verify that he is] Is currently licensed in another state or territory or the District of Columbia.
Sec. 13. NRS 644.340 is hereby amended to read as follows:
644.340 1. Any person wishing to operate a cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the board. Each application must contain a detailed floor plan of the proposed cosmetological establishment and proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker.
2. [Upon receipt by the board of] The applicant must submit the application accompanied by the required fees for inspection and licensing . [, the board shall inspect the establishment to ensure that it] After the applicant has submitted the application, the applicant must contact the board and request a verbal review concerning the application to determine if the cosmetological establishment complies with the requirements of this chapter and the regulations adopted by the board. If , based on the verbal review, the board determines that the cosmetological establishment meets those requirements, the board shall issue to the applicant the required license. Upon receipt of the license, the applicant must contact the board to request the activation of the license. A license issued pursuant to this subsection is not valid until it is activated. The board shall conduct an on-site inspection of the cosmetological establishment not later than 90 days after the date on which the license is activated.
3. The fee for a license for a cosmetological establishment is $60. The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.
Sec. 14. NRS 644.425 is hereby amended to read as follows:
644.425 1. The board may grant a temporary educational permit authorizing a current licensee within the scope of his license to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of techniques for the benefit and instruction of cosmetologists, hair designers, aestheticians, electrologists and manicurists licensed pursuant to this chapter, and electrologists apprentices , cosmetologists apprentices and students enrolled in licensed schools of cosmetology.
κ1999 Statutes of Nevada, Page 1156 (CHAPTER 272, SB 13)κ
designers, aestheticians, electrologists and manicurists licensed pursuant to this chapter, and electrologists apprentices , cosmetologists apprentices and students enrolled in licensed schools of cosmetology.
2. The permit must specify the purpose for which it is granted, the period during which the person is permitted to conduct the demonstrations and exhibitions, which may not exceed 10 days, and the time and place of exercising the privilege granted by the permit.
3. A person may be granted a temporary educational permit only if he:
(a) Applies to the board for the permit;
(b) Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes; and
(c) Pays a fee of not less than $10 and not more than $25.
Except for schools licensed pursuant to this chapter, an application for a permit must be submitted at least 10 days before the date of the demonstration or exhibit.
4. It is unlawful:
(a) For any person to conduct a demonstration or exhibition without a permit.
(b) For any person who is granted a permit to allow persons other than cosmetologists, hair designers, aestheticians, electrologists and manicurists licensed pursuant to this chapter, and electrologists apprentices , cosmetologists apprentices and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.
Sec. 15. NRS 644.430 is hereby amended to read as follows:
644.430 1. The following are grounds for disciplinary action by the board:
(a) Failure of an owner of a cosmetological establishment, a licensed aesthetician, cosmetologist, hair designer, electrologist, instructor, manicurist or school of cosmetology , or a cosmetologists apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the board.
(b) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.
(c) Gross malpractice.
(d) Continued practice by a person knowingly having an infectious or contagious disease.
(e) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.
(f) Advertisement by means of knowingly false or deceptive statements.
(g) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.
(h) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.
(i) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
(j) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.
κ1999 Statutes of Nevada, Page 1157 (CHAPTER 272, SB 13)κ
(k) Any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.
2. If the board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license;
(b) Revoke or suspend a license;
(c) Place the licensee on probation for a specified period; or
(d) Impose a fine not to exceed $1,000.
Sec. 16. NRS 644.435 is hereby amended to read as follows:
644.435 1. If the board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a license or been registered pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, the board shall deem the license or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the license or registration stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The board shall reinstate a license or registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, that has been suspended by a district court pursuant to NRS 425.540 if the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 17. The registration of a person as a cosmetologists apprentice does not expire solely because of a determination by the Bureau of the Census of the United States Department of Commerce that the population of the county in which the cosmetologists apprentice resides or is receiving training is 35,000 or more.
Sec. 18. The amendatory provisions of sections 10, 11 and 16 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational or recreational licenses of persons who:
1. Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
2. Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
Sec. 19. 1. This section and sections 1, 5, 9, 12 and 13 of this act become effective on October 1, 1999.
2. Section 4 of this act becomes effective:
κ1999 Statutes of Nevada, Page 1158 (CHAPTER 272, SB 13)κ
(a) On October 1, 1999, for the purpose of adopting regulations; and
(b) On January 1, 2000, for all other purposes.
3. Sections 2, 3, 6, 7, 8, 10, 11 and 14 to 18, inclusive, of this act become effective on January 1, 2000.
________
Senate Bill No. 35Senator Titus
CHAPTER 273
AN ACT relating to disabled persons; requiring the department of motor vehicles and public safety to issue expedited service permits to certain persons with disabilities that entitle those persons to expedited service from state agencies under certain circumstances; prohibiting unauthorized persons from using or attempting to use such a permit to obtain services from those agencies; providing a penalty; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Department means the department of motor vehicles and public safety.
Sec. 4. Expedited service permit means a permit that:
1. Is issued by the department pursuant to the provisions of section 7 of this act to a person with a permanent disability; and
2. Entitles the person to expedited service pursuant to the provisions of section 8 of this act.
Sec. 5. (Deleted by amendment.)
Sec. 6. Person with a permanent disability means a person:
1. With a disability which limits or impairs the ability to walk, as defined in NRS 482.3835; and
2. Whose disability has been certified by a licensed physician as irreversible.
Sec. 7. 1. A person with a permanent disability may apply to the department for an expedited service permit. The application must:
(a) Be submitted on a form approved by the department; and
(b) Include a statement from a licensed physician certifying that the applicant is a person with a permanent disability.
2. Upon receipt of a completed application pursuant to subsection 1 and the payment of any required fee, the department shall issue a permit to the applicant. The permit must:
(a) Set forth the name and address of the person to whom it is issued;
(b) Include a colored photograph of the applicant and the international symbol of access which must be white on a blue background;
(c) Include any other information the department may require; and
κ1999 Statutes of Nevada, Page 1159 (CHAPTER 273, SB 35)κ
(d) Be the same size as a drivers license issued by the department pursuant to the provisions of chapter 483 of NRS.
3. A permit is valid for 2 years after the date of issuance.
4. The department may:
(a) At any time review its determination of whether a holder of a permit is eligible for issuance of the permit pursuant to the provisions of this section. If the department determines that a holder of a permit is not eligible for issuance of the permit, the department shall notify the person of that fact in writing. Upon receipt of the notice, the holder shall, as soon as practicable, surrender the permit to the department.
(b) Charge a fee for the issuance of a permit pursuant to the provisions of this section.
(c) Adopt regulations necessary to carry out the provisions of sections 2 to 9, inclusive, of this act.
Sec. 8. 1. A person to whom an expedited service permit is issued pursuant to the provisions of section 7 of this act, or a person who is assisting him, may present the permit to any officer or employee of a state agency who is, at the time the permit is presented to him, providing any services of the agency to the public. The permit must be presented during the regular business hours of the agency.
2. Upon presentation of the permit, the officer or employee to whom the permit is presented shall, before serving any other person who is waiting to receive services, serve or otherwise accommodate the person to whom the permit is issued.
Sec. 9. 1. It is unlawful for a person, other than a person to whom an expedited service permit is issued pursuant to the provisions of section 7 of this act, to use or attempt to use such a permit to obtain services from a state agency pursuant to the provisions of section 8 of this act.
2. A person who violates a provision of this subsection is guilty of a misdemeanor.
Sec. 10. NRS 426.800 is hereby amended to read as follows:
426.800 1. [Whoever] Except as otherwise provided in section 9 of this act, if a person knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, services to which he is not entitled, or services greater than those to which he is entitled, with the intent to defeat the purposes of this chapter, is guilty of a gross misdemeanor.
2. For the purposes of subsection 1, [whenever] if a recipient of services [under] pursuant to the provisions of this chapter receives an overpayment for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the bureau of a change in his circumstances which would affect the amount of services he receives, a rebuttable presumption arises that the payment was fraudulently received.
Sec. 11. NRS 481.023 is hereby amended to read as follows:
481.023 Except as otherwise provided therein, the department shall execute, administer and enforce, and perform the functions and duties provided in:
1. Title 43 of NRS relating to vehicles.
κ1999 Statutes of Nevada, Page 1160 (CHAPTER 273, SB 35)κ
2. Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by those carriers.
3. Chapter 366 of NRS relating to imposition and collection of taxes on special fuels used for motor vehicles.
4. Chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs.
5. Chapter 459 of NRS relating to the transportation of hazardous materials.
6. Chapter 414 of NRS relating to emergency management.
7. Chapter 477 of NRS relating to the state fire marshal.
8. Chapters 176A and 213 of NRS relating to parole and probation.
9. The provisions of sections 2 to 9, inclusive, of this act.
Sec. 12. Each county, city or other local government in this state is hereby encouraged to require each officer or employee of that local government to provide services in the manner prescribed in sections 2 to 9, inclusive, of this act, to any person who presents to the officer or employee an expedited service permit issued pursuant to those sections.
Sec. 13. The amendatory provisions of this act do not apply to offenses that were committed before July 1, 2000.
Sec. 14. This act becomes effective on July 1, 1999, for the purpose of adopting regulations by the department of motor vehicles and public safety that are necessary to carry out the provisions of sections 2 to 9, inclusive, of this act and on July 1, 2000, for all other purposes.
________
Senate Bill No. 52Senator Mathews
CHAPTER 274
AN ACT relating to cooperative agreements; revising provisions governing cooperative agreements to allow certain transactions by public agencies with Indian tribes; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 277.050 is hereby amended to read as follows:
277.050 1. As used in this section, public agency includes , without limitation, the United States or a department or agency of the Federal Government, a county, a public corporation and a public district.
2. Without a vote of the electors of a public agency first being had, the governing body of the agency may:
(a) Sell or exchange to another public agency, [or to] the State of Nevada or a department or agency of the state [;] or an Indian tribe; or
(b) Lease to another public agency, [or to] the State of Nevada or a department or agency of the state [,] or an Indian tribe, for a term not exceeding 99 years,
any real property belonging to it.
3. A sale or exchange may be:
κ1999 Statutes of Nevada, Page 1161 (CHAPTER 274, SB 52)κ
(a) Negotiated without advertising for public bids.
(b) Made for cash or property, or for part cash and property, or for part cash and terms of deferred payments secured by mortgage or deed of trust, but the purchasing public agency or entity or exchanging public agencies or entities shall, except as otherwise provided in NRS 277.053, pay or convey property worth an amount at least equal to the current appraised value of the real property being conveyed or exchanged. Money derived from a sale must be used for capital outlay.
4. A lease may be:
(a) Negotiated without advertising for public bids.
(b) Made for such consideration as is authorized by action of the governing body of the lessor public agency.
5. Before ordering the sale, exchange or lease of any such property , the governing body of a public agency shall, in a regular open meeting, by a majority vote of its members, adopt a resolution declaring its intention to sell or exchange it, or a resolution declaring its intention to lease it, as the case may be. The resolution must:
(a) Describe the property proposed to be sold, exchanged or leased in such a manner as to identify it.
(b) Specify the minimum price, consideration or rent and the terms upon which it will be sold, exchanged or leased.
(c) Fix a time not less than 2 weeks thereafter for a public meeting of the governing body, at which objections to the sale, exchange or lease may be made by the electors of the public agency.
6. Notice of the adoption of the resolution and of the time and place of the public meeting must be published in a newspaper of general circulation published in the county in which the public agency or any part thereof is situated. The notice must be published not less than twice, on successive days, the last publication to be not less than 7 days before the date of the public meeting.
7. Any resolution accepting a bid or any other form of acceptance of a bid by another public agency must direct the chairman, president or other presiding officer of the governing body of the selling, exchanging or lessor public agency to execute a deed or lease and to deliver it to the purchasing, exchanging or lessee public agency or entity upon the performance and compliance by it of all the terms and conditions of the contract to be performed concurrently with the delivery.
Sec. 2. NRS 277.053 is hereby amended to read as follows:
277.053 A governing body of a political subdivision may convey real property to another political subdivision or an Indian tribe without charge if the property is to be used for a public purpose.
Sec. 3. NRS 393.326 is hereby amended to read as follows:
393.326 1. When the board of trustees of a school district determines that the exchange of real property belonging to the school district for real property belonging to an individual, partnership or corporation , [(] other than a public agency as defined in NRS 277.050 [)] or an Indian tribe, is necessary or for the best interests of the school district, the board shall have the power to exchange such real property, whether acquired by purchase, dedication or otherwise.
κ1999 Statutes of Nevada, Page 1162 (CHAPTER 274, SB 52)κ
2. The provisions of subsection 1 shall not be construed to permit the exchange of any real property in contravention of any condition in a gift or devise of real property to the school district.
Sec. 4. NRS 393.327 is hereby amended to read as follows:
393.327 Every exchange with an individual, partnership or corporation [shall] must be made in the manner provided in NRS 393.326 to 393.3293, inclusive. Exchanges with public agencies [shall] and Indian tribes must be made in the manner provided in NRS 277.050.
________
Senate Bill No. 57Senator Wiener
CHAPTER 275
AN ACT relating to prisoners; allowing the director of the department of prisons to assign certain prisoners to a therapeutic community without their consent; revising the provisions governing assignment to and eligibility for participation in a therapeutic community; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.4237 is hereby amended to read as follows:
209.4237 1. The director shall, in conjunction with the bureau and with the approval of the board, establish a program to evaluate an offender in the custody of the department to determine whether the offender is a substance abuser and whether the offender may benefit from participation in a therapeutic community.
2. An evaluation of an offender must be conducted pursuant to subsection 1 if [:
(a) The offender requests the evaluation; and
(b) The] the offender is eligible to be assigned to a therapeutic community.
3. After an evaluation is conducted pursuant to subsection 1, the director or a person designated by the director shall determine whether the offender is a substance abuser and whether the offender may benefit from participation in a therapeutic community.
4. If a determination is made that the offender is a substance abuser and that the offender may benefit from participation in a therapeutic community, the director or a person designated by the director [may offer the offender the choice of participating] shall determine whether to assign the offender to participate in a therapeutic community. In determining whether to [offer] assign an offender [the choice of participating] to participate in a therapeutic community, the director or a person designated by the director shall:
(a) Consider the severity of the problem of substance abuse by the offender and the availability of space in each therapeutic community; and
(b) Give preference, to the extent practicable, to those offenders who appear to be most capable of successfully participating in and completing treatment in a therapeutic community.
κ1999 Statutes of Nevada, Page 1163 (CHAPTER 275, SB 57)κ
5. If an offender [accepts an offer] is assigned to participate in a therapeutic community [:
(a) The offender must sign an authorization form, prepared by the director or a person designated by the director, in which the offender agrees to and accepts the conditions of participation in the therapeutic community and a program of aftercare; and
(b) The] , the offender must be assigned to participate in the therapeutic community for the year immediately preceding the date on which [his term of imprisonment expires or the date on which he is due to be released on parole, whichever is likely to occur earlier.] he is reasonably expected to be released, as determined by the director.
Sec. 2. NRS 209.424 is hereby amended to read as follows:
209.424 An offender may not participate in a therapeutic community if the offender:
1. Was sentenced to death or a term of imprisonment for life without the possibility of parole; or
2. [Has been convicted of more than one felony, unless all of the felonies for which the offender has been convicted arose out of the same act, transaction or occurrence; or
3.] Is or was eligible to participate in the program of treatment established pursuant to NRS 209.425, whether or not the offender actually participated in or completed that program of treatment.
________
Senate Bill No. 153Committee on Transportation
CHAPTER 276
AN ACT relating to vehicles; revising the definition of used vehicle as used in certain provisions concerning the sale of certain used vehicles; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in NRS 482.3666 to 482.36667, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 482.3666 and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 3. Used vehicle means a vehicle that:
1. When manufactured, was equipped with an odometer; and
2. Has a manufacturers gross vehicle weight rating of 14,000 pounds or less.
Sec. 4. NRS 482.132 is hereby amended to read as follows:
482.132 [Used] Except as otherwise provided in section 3 of this act, used vehicle means a vehicle that:
κ1999 Statutes of Nevada, Page 1164 (CHAPTER 276, SB 153)κ
1. Has been registered with the department or has been registered with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country; and
2. If equipped with an odometer, registers more than 2,500 miles on the odometer.
Sec. 5. NRS 482.3666 is hereby amended to read as follows:
482.3666 [As used in NRS 482.3666 to 482.36667, inclusive, unless the context otherwise requires, drivetrain] Drivetrain means those components and systems within a motor vehicle that transfer power from the engine of the vehicle to the wheels of the vehicle, including, without limitation, a transmission, driveshaft, torque converter, differential, universal joint and constant velocity joint.
________
Senate Bill No. 339Senators Rhoads, Jacobsen, McGinness, Amodei and James
CHAPTER 277
AN ACT relating to motor vehicles; providing for the issuance of special license plates indicating support for the promotion of agriculture within this state, including support for the programs and activities of the Future Farmers of America within the State of Nevada; providing for the issuance of special license plates for the support of the natural environment of the Mount Charleston area; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in this subsection, the department, in cooperation with the division of agriculture of the department of business and industry and the Nevada Future Farmers of America Foundation, shall design, prepare and issue license plates which indicate support for the promotion of agriculture within this state, including, without limitation, support for the programs and activities of the Future Farmers of America within this state, using any colors that the department deems appropriate. The design of the license plates must include the phrase People Grow Things Here! and an identifying symbol furnished by the Nevada Future Farmers of America Foundation. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. If the department receives at least 250 applications for the issuance of license plates which indicate support for the promotion of agriculture within this state, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate support for the promotion of agriculture within this state if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for the promotion of agriculture within this state pursuant to subsections 3 and 4.
κ1999 Statutes of Nevada, Page 1165 (CHAPTER 277, SB 339)κ
person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate support for the promotion of agriculture within this state if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for the promotion of agriculture within this state pursuant to subsections 3 and 4.
3. The fee for license plates which indicate support for the promotion of agriculture within this state is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment of $10.
4. In addition to all fees for the license, registration and privilege taxes, a person who requests a set of license plates which indicate support for the promotion of agriculture within this state must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed in accordance with subsection 5.
5. The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section in the following manner:
(a) Remit one-half of the fees to the Nevada Future Farmers of America Foundation for the support of programs and activities of the Future Farmers of America within this state.
(b) Deposit one-half of the fees for credit to the account for license plates for the promotion of agriculture within this state created pursuant to section 7 of this act.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:
(a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.
Sec. 3. 1. Except as otherwise provided in this subsection, the department, in cooperation with the division of state lands of the state department of conservation and natural resources, shall design, prepare and issue license plates for the support of the natural environment of the Mount Charleston area using any colors that the department deems appropriate. The design of the license plates must include a depiction of Mount Charleston and its surrounding area. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. If the department receives at least 250 applications for the issuance of license plates for the support of the natural environment of the Mount Charleston area, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter.
κ1999 Statutes of Nevada, Page 1166 (CHAPTER 277, SB 339)κ
this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the natural environment of the Mount Charleston area if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the natural environment of the Mount Charleston area pursuant to subsections 3 and 4.
3. The fee for license plates for the support of the natural environment of the Mount Charleston area is $35, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment of $10.
4. In addition to all fees for the license, registration and privilege taxes, a person who requests a set of license plates for the support of the natural environment of the Mount Charleston area must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to finance projects for the natural environment of the Mount Charleston area.
5. The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the account for license plates for the support of the natural environment of the Mount Charleston area created pursuant to section 6 of this act.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:
(a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.
Sec. 4. NRS 482.216 is hereby amended to read as follows:
482.216 1. Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.
2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:
(a) Transmit the applications he receives to the department within the period prescribed by the department;
(b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;
(c) Comply with the regulations adopted pursuant to subsection 4; and
(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.
3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:
κ1999 Statutes of Nevada, Page 1167 (CHAPTER 277, SB 339)κ
(a) Charge any additional fee for the performance of those services;
(b) Receive compensation from the department for the performance of those services;
(c) Accept applications for the renewal of registration of a motor vehicle; or
(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:
(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive [;] , and section 3 of this act; or
(2) Claim the exemption from the vehicle privilege tax provided pursuant to NRS 361.1565 to veterans and their relations.
4. The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:
(a) The expedient and secure issuance of license plates and decals by the department; and
(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.
Sec. 5. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration............................................................ $5.00
For every substitute number plate or set of plates............................. 5.00
For every duplicate number plate or set of plates........................... 10.00
For every decal displaying a county name......................................... .50
For every other decal, license plate sticker or tab.............................. 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of Senate Bill No. 204 of this [act,] session and section 2 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
4. As used in this section:
κ1999 Statutes of Nevada, Page 1168 (CHAPTER 277, SB 339)κ
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
Sec. 6. Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The account for license plates for the support of the natural environment of the Mount Charleston area is hereby created in the state general fund. The administrator of the division of state lands of the state department of conservation and natural resources shall administer the account.
2. The money in the account does not lapse to the state general fund at the end of a fiscal year. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
3. The money in the account must be used only for the support of programs for the natural environment of the Mount Charleston area, including, without limitation, programs to improve the wildlife habitat, the ecosystem, the forest, public access to the area and its recreational use, and must not be used to replace or supplant money available from other sources. The administrator may provide grants from the account to other public agencies and political subdivisions, including, without limitation, unincorporated towns, to carry out the provisions of this section.
Sec. 7. Chapter 561 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The account for license plates for the promotion of agriculture within this state is hereby created in the state general fund. The administrator shall administer the account.
2. The money in the account does not lapse to the state general fund at the end of a fiscal year. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
3. The money in the account must be used only for the promotion of agriculture within this state and must not be used to replace or supplant money available from other sources. The administrator may provide grants from the account to other public agencies to carry out the provisions of this section.
Sec. 8. 1. This section and sections 1 to 4, inclusive, 6 and 7 of this act become effective on October 1, 1999.
2. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1999.
3. The amendatory provisions of sections 2, 5 and 7 of this act expire by limitation on October 1, 2003, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 2 of this act.
κ1999 Statutes of Nevada, Page 1169 (CHAPTER 277, SB 339)κ
4. The amendatory provisions of sections 3, 4 and 6 of this act expire by limitation on October 1, 2003, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to section 3 of this act.
________
Senate Bill No. 357Senators Wiener, Shaffer, Rawson, Mathews and Amodei (by request)
CHAPTER 278
AN ACT relating to athletic trainers; requiring the State Board of Physical Therapy Examiners to appoint an advisory committee to recommend legislation concerning the regulation of athletic trainers in this state; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The State Board of Physical Therapy Examiners shall appoint an advisory committee, consisting of five members, to recommend to the Nevada Legislature such legislation as the advisory committee deems necessary concerning the regulation of athletic trainers in this state.
2. The Board shall appoint to the advisory committee:
(a) One member who is:
(1) A member of the State Board of Physical Therapy Examiners;
(2) Licensed as a physical therapist in this state; and
(3) Certified as an athletic trainer by the National Athletic Trainers Association Board of Certification.
(b) Two members who represent the Nevada Athletic Trainers Association and have at least a masters degree in a discipline related to athletic training.
(c) Two members who represent the Nevada Athletic Trainers Association and have a bachelors degree in a discipline related to athletic training.
3. The advisory committee shall elect a chairman and vice-chairman from among its members. A majority of the members of the committee constitutes a quorum for conducting the business of the committee.
4. The members of the advisory committee are not entitled to receive compensation, per diem allowances or travel expenses while engaged in the business of the committee.
5. The Nevada Athletic Trainers Association shall, upon the request of the State Board of Physical Therapy Examiners, submit to the Board within 30 days after the request, a list of the names of at least four persons who are qualified for appointment to the advisory committee pursuant to subsection 2. If the Nevada Athletic Trainers Association fails to submit the list to the Board within that period, the Board shall appoint to the advisory committee persons who are otherwise qualified pursuant to subsection 2.
6. The advisory committee shall recommend to the Nevada Legislature such legislation concerning the regulation of athletic trainers in this state as the advisory committee deems necessary. The recommended legislation may include, without limitation:
κ1999 Statutes of Nevada, Page 1170 (CHAPTER 278, SB 357)κ
(a) Educational qualifications and experience requirements for licensure;
(b) The membership of the board that will license athletic trainers;
(c) The fees for the issuance and renewal of licenses;
(d) The requirements for continuing education; and
(e) The grounds for disciplinary action.
7. The advisory committee shall, not later than January 15, 2003, submit the recommended legislation to the 72nd session of the Nevada Legislature.
________
Senate Bill No. 365Senator Amodei
Joint Sponsor: Assemblyman Dini
CHAPTER 279
AN ACT relating to emergency medical services; creating a committee on emergency medical services; providing the method of appointment of members; establishing the powers and duties of the committee; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Committee means the committee on emergency medical services.
Sec. 3. 1. The committee on emergency medical services, consisting of nine members appointed by the governor, is hereby created.
2. Upon request of the governor, employee associations that represent persons that provide emergency medical services, including, without limitation, physicians and nurses that provide emergency medical services, emergency medical technicians, ambulance attendants, firemen, fire chiefs and employees of rural hospitals, shall submit to the governor written nominations for appointments to the committee.
3. After considering the nominations submitted pursuant to subsection 2, the governor shall appoint to the committee:
(a) One member who is a physician licensed pursuant to chapter 630 or 633 of NRS and who has experience providing emergency medical services;
(b) One member who is a registered nurse and who has experience providing emergency medical services;
(c) One member who is a volunteer fireman;
(d) One member who is employed by a fire-fighting agency at which some of the firemen are employed and some serve as volunteers;
(e) One member who is employed by an urban fire-fighting agency;
(f) One member who is employed by or serves as a volunteer with a medical facility that is located in a rural area and that provides emergency medical services;
κ1999 Statutes of Nevada, Page 1171 (CHAPTER 279, SB 365)κ
(g) One member who is employed by an organization that provides emergency medical services in an air ambulance and whose duties are closely related to such emergency medical services;
(h) One member who is employed by a privately owned entity that provides emergency medical services; and
(i) One member who is employed by an operator of a service which is:
(1) Provided for the benefit of the employees of an industry who become sick or are injured at the industrial site; and
(2) Staffed by employees who are licensed attendants and perform emergency medical services primarily for the industry.
4. In addition to the members set forth in subsection 3, the following persons are ex officio members of the committee:
(a) An employee of the health division, appointed by the administrator of the health division, whose duties relate to administration and enforcement of the provisions of this chapter;
(b) The county health officer appointed pursuant to NRS 439.290 in each county whose population is 100,000 or more, or his designee; and
(c) A physician who is a member of a committee which consists of directors of trauma centers in this state and who is nominated by that committee.
5. The term of each member appointed by the governor is 2 years, and such a member may not serve more than two consecutive terms.
6. The governor shall not appoint to the committee two persons who are employed by or volunteer with the same organization, except the governor may appoint a person who is employed by or volunteers with the same organization of which a member who serves ex officio is an employee.
7. Each member of the committee shall appoint an alternate to serve in his place if he is temporarily unable to perform the duties required of him pursuant to sections 2 to 6, inclusive, of this act.
8. A position on the committee that becomes vacant before the end of the term of the member must be filled in the manner prescribed by this section for the remainder of the term.
Sec. 4. 1. The committee shall elect a chairman from among its members. The term of the chairman is 1 year.
2. The committee shall meet at the call of the chairman at least four times each year.
3. The committee shall adopt rules for its own management.
4. A member of the committee serves without compensation, except that, for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee, a member of the committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses must be paid by the health division from money not allocated by specific statute for another use.
Sec. 5. The committee shall:
1. Review and advise the health division regarding the management and performance of emergency medical services in this state and regarding statewide emergency medical protocols;
κ1999 Statutes of Nevada, Page 1172 (CHAPTER 279, SB 365)κ
2. Advise the health division on matters of policy relating to emergency care, including, without limitation, the qualifications of persons who provide emergency medical services;
3. Advise the board and health division with respect to the preparation and adoption of regulations regarding emergency care;
4. Review periodically the budget of the health division that relates to emergency medical services;
5. Encourage the training and education of emergency medical service personnel to improve the system of public safety in this state; and
6. Perform such other duties as may be required by law or regulation.
Sec. 6. The health division shall provide administrative support and assistance to the committee.
Sec. 7. NRS 450B.020 is hereby amended to read as follows:
450B.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.025 to 450B.110, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 8. This act becomes effective upon passage and approval for the purpose of appointing the members of the committee on emergency medical services and on October 1, 1999, for all other purposes.
________
Senate Bill No. 379Senator Porter
CHAPTER 280
AN ACT relating to motor vehicles; providing for the issuance of decals to affix to special license plates that display emblems or other insignia of specific military units within particular branches of the Armed Forces of the United States; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The director shall approve the design and order the preparation of decals that may be affixed by the department, upon request, to special license plates issued pursuant to NRS 482.3763. The decals must:
(a) Display the emblem or other insigne of specific military units within particular branches of the Armed Forces of the United States;
(b) Be no more than 1 3/4 inches in height by 1 3/4 inches in width; and
(c) Be affixed to the right side of the license plates.
2. An applicant for the issuance or renewal of the special license plates described in NRS 482.3763 may obtain decals for those plates if:
(a) The military unit he requests to be displayed on the decals is a recognized unit within a particular branch of the Armed Forces of the United States;
(b) He meets the requirements set forth in NRS 482.3763; and
κ1999 Statutes of Nevada, Page 1173 (CHAPTER 280, SB 379)κ
(c) He provides documentation which, in the determination of the department, provides reasonable proof of the identity of the applicant and proof of his status as a member of the specific military unit to be displayed on the decals.
3. The director may use or imitate a seal, emblem or other insigne of a unit within a branch of the Armed Forces of the United States only if that use or imitation complies with the provisions of 10 U.S.C. § 1057.
4. The department may adopt regulations governing the issuance of a decal described in subsection 1.
Sec. 2. NRS 482.3764 is hereby amended to read as follows:
482.3764 1. Before the department issues to any person, pursuant to NRS 482.3763:
(a) An initial set of special license plates, it shall [collect] :
(1) Collect a special fee for a veterans home in the amount of $25 [.] ; and
(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in section 1 of this act.
(b) An annual renewal sticker, it shall [collect] :
(1) Collect a special fee for a veterans home in the amount of $20 [.] ; and
(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in section 1 of this act.
2. The department shall deposit any money collected pursuant to this section with the state treasurer for credit to the veterans home account.
Sec. 3. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 [,] or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration............................................................ $5.00
For every substitute number plate or set of plates............................. 5.00
For every duplicate number plate or set of plates........................... 10.00
For every decal displaying a county name......................................... .50
For every other decal, license plate sticker or tab.............................. 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of Senate Bill No. 204 of this [act,] session, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute decal requested pursuant to section 1 of this act.
κ1999 Statutes of Nevada, Page 1174 (CHAPTER 280, SB 379)κ
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
[4.] 5. As used in this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
Sec. 4. 1. This section and sections 1 and 2 of this act become effective on October 1, 1999.
2. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1999.
________
Senate Bill No. 452Committee on Commerce and Labor
CHAPTER 281
AN ACT relating to real estate; providing for a claim of a real estate broker against certain proceeds received from the disposition of commercial real estate for services provided by the broker pursuant to a brokerage agreement; providing that a real estate broker who records such a claim is subject to certain disciplinary action if the claim is determined by a district court to be frivolous and made without reasonable cause; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. As used in sections 2 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Brokerage agreement means a written contract between an owner and a real estate broker in which the owner agrees to pay a commission to the real estate broker for services provided by the broker relating to the disposition of commercial real estate as specified in the agreement.
Sec. 4. Commercial real estate means any real estate located in this state. The term does not include:
1. Improved real estate that consists of not more than four residential units;
2. Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or
κ1999 Statutes of Nevada, Page 1175 (CHAPTER 281, SB 452)κ
3. A single-family residential unit, including a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.
Sec. 5. Commission means any fee or other compensation agreed upon by a real estate broker and an owner specified in a brokerage agreement.
Sec. 6. Disposition means a voluntary conveyance or other transfer of title or any interest of an owner in any commercial real estate specified in a brokerage agreement.
Sec. 7. Escrow has the meaning ascribed to it in subsection 3 of NRS 645A.010.
Sec. 8. Escrow agent has the meaning ascribed to it in subsection 5 of NRS 645A.010.
Sec. 9. Owner means a person who holds legal title to or any interest in any commercial real estate that is described in a brokerage agreement, including, without limitation, any assignee in interest and any agent of a person. The term does not include a mortgagee, trustee under or beneficiary of a deed of trust or an owner or holder of a claim that encumbers any real estate or any improvement on that real estate.
Sec. 10. Owners net proceeds means the gross receipts to which an owner is entitled upon the disposition of any commercial real estate specified in a brokerage agreement. The term does not include:
1. Any money that is required to pay an encumbrance, claim or lien that has priority over a claim recorded pursuant to the provisions of section 14 of this act other than an encumbrance, claim or lien that the person to whom the commercial real estate is conveyed or otherwise transferred authorizes to remain after the disposition of the real estate; or
2. Any costs incurred by the owner to close escrow for that commercial real estate.
Sec. 11. 1. A real estate broker has a claim upon the owners net proceeds from the disposition of commercial real estate for any commission earned by the real estate broker pursuant to a brokerage agreement. For the purposes of this subsection, a commission shall be deemed to be earned when the real estate broker has performed his duties pursuant to the brokerage agreement.
2. The claim belongs to the real estate broker named in the brokerage agreement and not to an employee or independent contractor of the real estate broker.
3. A claim that is recorded pursuant to the provisions of section 14 of this act:
(a) Is a claim upon personal property and does not attach to the title of any real property.
(b) May be waived if, on or before the date the brokerage agreement is executed, the real estate broker signs a written waiver of his right to enforce the claim. The waiver must be printed in upper case letters and must be limited to one transaction. A person other than the real estate broker may not waive the rights of the real estate broker pursuant to this section, regardless of whether that person may execute and bind the real estate broker to a brokerage agreement.
κ1999 Statutes of Nevada, Page 1176 (CHAPTER 281, SB 452)κ
section, regardless of whether that person may execute and bind the real estate broker to a brokerage agreement.
(c) May not be enforced by a person other than the real estate broker and the owner.
4. A claim of a third party may not be brought or otherwise adjudicated pursuant to the provisions of sections 2 to 21, inclusive, of this act.
5. The recording or enforcement of a claim by a real estate broker pursuant to the provisions of sections 2 to 21, inclusive, of this act does not relieve the owner of his obligation to close escrow for any commercial real estate.
Sec. 12. 1. Except as otherwise provided in subsection 3, if a real estate broker wishes to enforce a claim pursuant to the provisions of sections 2 to 21, inclusive, of this act, he shall, within 7 days after a commission is earned by the real estate broker pursuant to a brokerage agreement, provide a written notice of the claim to:
(a) The owner of the commercial real estate specified in the brokerage agreement; and
(b) The escrow agent closing the transaction for the commercial real estate.
2. A real estate broker who fails to provide a notice of a claim within the period specified in subsection 1 may not enforce the claim pursuant to the provisions of sections 2 to 21, inclusive, of this act.
3. A real estate broker is not required to provide a written notice of a claim to an escrow agent pursuant to this section if the identity of the escrow agent is unknown to the real estate agent at the time the notice is provided by the real estate broker to the owner pursuant to paragraph (a) of subsection 1.
Sec. 13. 1. A notice of claim specified in section 12 of this act must include:
(a) The name of the owner of the commercial real estate;
(b) The name of the person who executed the brokerage agreement, if other than the owner;
(c) The name, business name, if any, and the license number of the real estate broker;
(d) The amount claimed by the real estate broker;
(e) A detailed description of the commercial real estate; and
(f) A copy of the brokerage agreement pursuant to which the real estate broker claims a commission.
2. The notice must:
(a) Be verified by the oath of the real estate broker who provides the notice; and
(b) Include an acknowledgment by the real estate broker.
Sec. 14. 1. If an owner is served with a notice of a claim pursuant to section 12 of this act, the owner shall, within 5 days after service of the notice but not later than 7 days before the disposition of the commercial real estate:
(a) Confirm or deny the claim set forth in the notice; and
κ1999 Statutes of Nevada, Page 1177 (CHAPTER 281, SB 452)κ
(b) Notify, in writing, the real estate broker who provided the notice to the owner.
2. If the owner confirms the claim and notifies the real estate broker of that fact pursuant to subsection 1, the owner may instruct the escrow agent for the commercial real estate to pay to the real estate broker the amount claimed by the real estate broker in the notice of the claim.
3. If the owner fails to notify the real estate broker within the period specified in subsection 1 or notifies the real estate broker that he denies the claim, the real estate broker may record the notice of the claim in the office of the county recorder where the commercial real estate or any portion of the commercial real estate is located.
Sec. 15. 1. Except as otherwise provided in this subsection, if:
(a) An escrow agent receives a notice of a claim pursuant to section 12 of this act;
(b) A notice of claim is recorded pursuant to section 14 of this act; or
(c) An escrow agent has actual notice of a claim specified in paragraph (b),
the escrow agent shall reserve from the owners net proceeds an amount that is equal to the amount claimed by the real estate broker in his recorded claim. If the amount of the owners net proceeds is insufficient to satisfy the amount of the claim, the escrow agent shall reserve the entire amount of the owners net proceeds. In determining whether the amount of the owners net proceeds is insufficient to satisfy the amount of the claim, the escrow agent may consider any encumbrance, claim or lien that has priority over the claim of the real estate broker pursuant to section 18 of this act.
2. If the escrow agent determines that the amount of the owners net proceeds is insufficient to satisfy the amount of the claim, the escrow agent:
(a) Shall, within 3 days after making that determination but not later than the close of escrow, notify the real estate broker of that fact in writing; and
(b) Shall not release to the owner any portion of the owners net proceeds unless the escrow agent receives a copy of the written agreement executed by the owner and the real estate broker authorizing the escrow agent to release those proceeds to the owner.
3. Except as otherwise provided in paragraph (b) of subsection 2 and section 17 of this act, if an owners net proceeds or any portion of an owners net proceeds are reserved pursuant to this section, the escrow agent who reserves those proceeds shall not release the proceeds to any person until the rights of the owner and the real estate broker are determined pursuant to section 17 of this act.
4. A reservation of an owners net proceeds or any portion of an owners net proceeds pursuant to this section does not relieve the owner of his obligation to close escrow for the commercial real estate.
Sec. 16. 1. If:
(a) A notice of a claim is recorded pursuant to section 14 of this act;
(b) An escrow agent has reserved an owners net proceeds or any portion of an owners net proceeds pursuant to section 15 of this act; and
κ1999 Statutes of Nevada, Page 1178 (CHAPTER 281, SB 452)κ
(c) Escrow for the disposition of the commercial real estate has closed,
the escrow agent may, in accordance with the provisions of NRS 645A.177, deposit with the district court of the county where the claim is recorded the amount of the owners net proceeds reserved by him pursuant to section 15 of this act.
2. If an escrow agent deposits an owners net proceeds with a district court pursuant to subsection 1, the escrow agent is discharged from any further liability concerning those proceeds.
Sec. 17. 1. If a claim is recorded pursuant to section 14 of this act, the owner against whom the claim is recorded may:
(a) File a civil action concerning the claim in the district court of the county where the commercial real estate or a portion of the commercial real estate is located; and
(b) At the time the summons is issued or at any time before the complaint is answered by the real estate broker, apply to the district court for an order directing the real estate broker to appear before the court to show cause why the claim should not be dismissed.
2. If the court issues an order directing the real estate broker to appear before the court, the order must:
(a) State that, if the real estate broker fails to appear at the time and place specified in the order, the claim will be dismissed with prejudice pursuant to subsection 3;
(b) Specify a time and date on which the court will conduct a hearing on the matter; and
(c) Establish a period within which the owner must serve a notice of the order on the real estate broker and the escrow agent.
3. If the real estate broker fails to appear at the time and place specified in the order issued pursuant to subsection 2, the court shall issue an order:
(a) Dismissing the claim with prejudice;
(b) Canceling the notice of the claim recorded pursuant to section 14 of this act; and
(c) Requiring the real estate broker to record in the office of the county recorder of the county where the notice of the claim is recorded a copy of the order of cancellation issued pursuant to paragraph (b).
An order issued pursuant to this subsection must state that the cancellation of the notice of the claim has the same effect as an expungement of that notice.
4. If a hearing is conducted pursuant to this section, the court shall consider the showing made by the parties at the hearing and shall make a preliminary determination of which party, with reasonable probability, is entitled to the amount of the owners net proceeds claimed by the broker pending final adjudication of the claims of the parties.
5. If, after the hearing, the district court determines there is a reasonable probability that:
(a) The real estate broker is entitled to the amount of the owners net proceeds claimed by him, the court shall, if those proceeds:
κ1999 Statutes of Nevada, Page 1179 (CHAPTER 281, SB 452)κ
(1) Have been deposited with the court by the escrow agent pursuant to section 16 of this act, release the proceeds to the real estate broker; or
(2) Have not been deposited with the court by the escrow agent pursuant to that section, order the escrow agent to release the proceeds to the real estate broker; or
(b) The owner is entitled to the amount of the owners net proceeds claimed by the real estate broker, the court shall, if those proceeds:
(1) Have been deposited with the court by the escrow agent pursuant to that section, release the proceeds to the owner; or
(2) Have not been deposited with the court by the escrow agent, order the escrow agent to release the proceeds to the owner.
6. If the owner believes the claim is frivolous and is made without reasonable cause, the owner may include in the application submitted pursuant to subsection 1 a request for an order directing the real estate broker to appear and show cause why the claim should not be dismissed on those grounds. If the court issues such an order, any hearing conducted pursuant to that order must be conducted in the manner provided in NRS 108.2275. In addition to any remedy set forth in that section, the court may award compensatory damages to the owner.
7. The prevailing party in any civil action filed or hearing conducted pursuant to this section is entitled to receive:
(a) Any costs incurred by that party for the civil action or hearing; and
(b) A reasonable attorneys fee.
8. Proceedings conducted pursuant to this section do not affect any rights or remedies otherwise available to the owner or the real estate broker.
Sec. 18. 1. Except as otherwise provided in subsection 2, a claim that is recorded pursuant to the provisions of section 14 of this act has priority over any other encumbrance, claim or lien, if the claim of the real estate broker is recorded before the encumbrance, claim or lien.
2. The provisions of subsection 1 do not apply to a lien recorded pursuant to the provisions of NRS 108.221 to 108.246, inclusive.
Sec. 19. If a real estate broker records a claim pursuant to the provisions of section 14 of this act and that claim is paid or otherwise satisfied pursuant to that section, the real estate broker shall, within 3 days after the claim is paid or otherwise satisfied, record a written release of that claim. The release must be recorded in the office of the county recorder where the claim was recorded.
Sec. 20. Any notice that is required to be served pursuant to the provisions of sections 2 to 21, inclusive, of this act must be served in the manner provided in NRS 108.227.
Sec. 21. An escrow agent:
1. Is not liable in any civil action for any action taken to comply with the provisions of sections 2 to 21, inclusive, of this act.
2. May charge and collect a fee from an owner or real estate broker for any services provided by the escrow agent to the owner or real estate broker pursuant to sections 2 to 21, inclusive, of this act.
κ1999 Statutes of Nevada, Page 1180 (CHAPTER 281, SB 452)κ
Sec. 22. NRS 645.633 is hereby amended to read as follows:
645.633 The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
1. Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.
2. Violating any order of the commission, any agreement with the division, any of the provisions of this chapter, chapter 116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted thereunder.
3. Paying a commission, compensation or a finders fee to any person for performing the services of a broker, broker-salesman or salesman who has not [first] secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.
4. A felony, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.
5. Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
6. Failure to include a fixed date of expiration in any written brokerage agreement or to leave a copy of the brokerage agreement with the client.
7. Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.
8. Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.
9. Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.
10. Any conduct which took place before [his being] he became licensed, which was in fact unknown to the division and which would have been grounds for denial of a license had the division been aware of the conduct.
11. Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.
12. Recording or causing to be recorded a claim pursuant to the provisions of sections 2 to 21, inclusive, of this act that is determined by a district court to be frivolous and made without reasonable cause pursuant to section 17 of this act.
Action may also be taken pursuant to NRS 645.630 against a person who is subject to that section for the suspension or revocation of a real estate brokers, broker-salesmans or salesmans license issued to him by any other jurisdiction.
Sec. 23. NRS 645A.175 is hereby amended to read as follows:
645A.175 1. Except as otherwise provided in subsection 2 or in the escrow agreement between the parties and the holder of the escrow, upon the close of an escrow for the sale of real property or on the date the escrow is scheduled to close if it has not closed, each party shall execute the documents necessary to release the money deposited in the escrow.
κ1999 Statutes of Nevada, Page 1181 (CHAPTER 281, SB 452)κ
2. A party may refuse to execute a document necessary to release the money deposited in the escrow only if a good faith dispute exists concerning that money.
3. [If] Except as otherwise provided in sections 2 to 21, inclusive, of this act, if a party refuses to execute a document necessary to release the money deposited in the escrow within 30 days after the holder of the escrow makes a written request for the execution, the party injured by the [other partys] failure of the other party to execute the document may collect from that party:
(a) Actual damages of not less than $100 nor more than 1 percent of the purchase price of the real property for which the money was deposited in the escrow, whichever is greater;
(b) The money deposited in the escrow which was not held to resolve a good faith dispute concerning the sale of the property; and
(c) A reasonable attorneys fee.
________
Senate Bill No. 471Committee on Government Affairs
CHAPTER 282
AN ACT relating to local governments; requiring a legislative measure to include on its face certain disclosures concerning unfunded mandates under certain circumstances; placing a monetary limitation on the programs and services for which a specified source for additional revenue must be authorized; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
If any provision contained in a legislative measure will have the effect of requiring one or more local governments to establish, provide or increase a program or service which is estimated to cost in excess of $5,000 per local government and a specified source for the additional revenue to pay the expense is not authorized by a specific statute, the face of the measure must indicate:
1. That the measure contains an unfunded mandate; and
2. Whether the measure was requested by or on behalf of one or more of the local governments that will be required by the measure to establish, provide or increase the program or service.
Sec. 2. NRS 354.599 is hereby amended to read as follows:
354.599 1. If the legislature directs one or more local governments to [establish] :
(a) Establish a program or provide a service [, or to increase] ; or
(b) Increase a program or service already established which requires additional funding,
and the expense required to be paid by each local government to establish, provide or increase the program or service is $5,000 or more, a specified source for the additional revenue to pay the expense must be authorized by a specific statute.
κ1999 Statutes of Nevada, Page 1182 (CHAPTER 282, SB 471)κ
source for the additional revenue to pay the expense must be authorized by a specific statute. The additional revenue may only be used to pay expenses directly related to the program or service. If a local government has money from any other source available to pay such expenses, that money must be applied to the expenses before any money from the revenue source specified by statute.
2. In any year in which the legislature by law increases or decreases the revenues of a local government, and that increase or decrease was not included or anticipated in the local governments final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, before August 15 of the budget year, file an amended budget with the department of taxation increasing or decreasing its anticipated revenues and expenditures from that contained in its final budget to the extent of the actual increase or decrease of revenues resulting from the legislative action.
3. In any year in which the legislature enacts a law requiring an increase or decrease in expenditures of a local government, which was not anticipated or included in its final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, before August 15 of the budget year, file an amended budget with the department of taxation providing for an increase or decrease in expenditures from that contained in its final budget to the extent of the actual amount made necessary by the legislative action.
4. The amended budget, as approved by the department of taxation, is the budget of the local government for the current fiscal year.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 531Committee on Government Affairs
CHAPTER 283
AN ACT relating to the determination of population; revising the applicability of the information obtained pursuant to a national decennial census to determinations of population for certain purposes; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 0.050 is hereby amended to read as follows:
0.050 1. Except as otherwise expressly provided in a particular statute or required by the context, population means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to section 2 of article I of the Constitution of the United States and reported by the Secretary of Commerce to the governor pursuant to 13 U.S.C. § 141(c). The tabulations of population reported by the Secretary of Commerce for a particular decennial census date shall be deemed to apply for the purposes of this section from July 1 of the calendar year immediately following that decennial census date until June 30 of the calendar year immediately following the next decennial census date.
κ1999 Statutes of Nevada, Page 1183 (CHAPTER 283, SB 531)κ
June 30 of the calendar year immediately following the next decennial census date.
2. As used in this section, decennial census date means the first day of April of 1980 and every 10 years thereafter on which the decennial census is taken pursuant to federal law.
________
Senate Bill No. 314Committee on Judiciary
CHAPTER 284
AN ACT relating to municipal courts; authorizing certain cities to establish the terms of office of municipal judges by ordinance; clarifying that municipal judges may be appointed in certain cities; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 5.020 is hereby amended to read as follows:
5.020 1. Except
as otherwise provided in subsection [2,] 3 and NRS 266.405, each municipal judge must
be chosen by the electors of the city within which the municipal court is
established on a day to be fixed by the governing body of that city. [He
shall hold his office for 1 year, unless a longer period is] The term of office of a municipal judge
is the period fixed by [the] :
(a) An ordinance adopted by the city if the city is organized under general law; or
(b) The charter of the city [, in which case he shall hold his office for that longer period.] if the city is organized under a special charter.
Before entering upon his duties, a municipal judge shall take the constitutional oath of office.
2. A municipal judge must:
(a) Be a citizen of this state;
(b) Except as otherwise provided in the charter of a city organized under a special charter, have been a bona fide resident of the city for not less than 1 year next preceding his election;
(c) Be a qualified elector in the city; and
(d) Not have ever been removed or retired from any judicial office by the commission on judicial discipline.
[2.] 3. The
governing body of a city, with the consent of the board of county commissioners
and the justice of the peace, may provide that a justice of the peace of the
township in which the city is located is ex officio the municipal judge of the
city.
[3.] 4. For the purposes of this section, a person shall not be ineligible to be a candidate for the office of municipal judge if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1184κ
Senate Bill No. 291Senator Jacobsen (by request)
CHAPTER 285
AN ACT relating to water; clarifying the authorized extent of use of water from a domestic well; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 534.013 is hereby amended to read as follows:
534.013 Domestic use or domestic purposes extends to culinary and household purposes [, in] directly related to a single-family dwelling, including, without limitation, the watering of a family garden [,] and lawn and the watering of livestock and any other domestic animals [.] or household pets, if the amount of water drawn does not exceed the threshold daily maximum amount set in NRS 534.180 for exemption from the application of this chapter.
________
Senate Bill No. 284Committee on Finance
CHAPTER 286
AN ACT relating to state financial administration; revising the reversion for certain previously appropriated money for the Medicaid Managed Care Program; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of chapter 712, Statutes of Nevada 1995, as last amended by chapter 173, Statutes of Nevada 1997, at page 455, is hereby amended to read as follows:
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,] 2001, and reverts to the state general fund
as soon as all payments committed have been made.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1185κ
Senate Bill No. 190Committee on Commerce and Labor
CHAPTER 287
AN ACT relating to the rehabilitation division of the department of employment, training and rehabilitation; renaming the vocational rehabilitation revolving account as the rehabilitation division revolving account; eliminating the services to the blind revolving account; providing for the transfer of the money in the services to the blind revolving account to the rehabilitation division revolving account; increasing the maximum permissible amount in the rehabilitation division revolving account; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 615.255 is hereby amended to read as follows:
615.255 1. There is hereby created the [vocational] rehabilitation division revolving account in [the amount of $35,000 to] an amount not to exceed $90,000. The money in the revolving account may be used for the payment of claims of [applicants] :
(a) Applicants for or recipients of services from [the bureau and vendors] :
(1) The bureau of vocational rehabilitation, including, without limitation, the rehabilitation facilities described in subsection 2 of NRS 615.200; and
(2) The bureau of services to the blind and visually impaired, including, without limitation, the vending stand program for the blind authorized by NRS 426.630 to 426.720, inclusive.
(b) Vendors providing services to those applicants or recipients under procedures established by the [bureau.
2. Upon written request from the chief, the state controller shall draw his warrant from money already appropriated in favor of the chief in the sum of $35,000. When the warrant is paid, the chief shall deposit the $35,000] division.
2. The money in the revolving account must be deposited in a bank qualified to receive deposits of public money. The bank [must] shall secure the deposit with a depository bond satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation.
3. After expenditure of money from the revolving account, the [chief] administrator of the division shall present a claim to the state board of examiners. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of the claim in favor of the [vocational] rehabilitation division revolving account, to be paid to the order of the [chief,] administrator, and the state treasurer shall pay it.
4. Money in the [vocational] rehabilitation division revolving account does not revert to the state general fund at the end of the fiscal year, but remains in the revolving account.
κ1999 Statutes of Nevada, Page 1186 (CHAPTER 287, SB 190)κ
5. Purchases paid for from the [vocational] rehabilitation division revolving account for the purposes authorized by subsection 1 may be exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of administration or his designated representative.
Sec. 2. NRS 426.565 is hereby repealed.
Sec. 3. At the end of the 1998‑1999 fiscal year, the chief of the bureau of services to the blind and visually impaired in the rehabilitation division of the department of employment, training and rehabilitation shall transfer the assets and liabilities, to the extent the assets are not encumbered for the 1998-1999 fiscal year, of the services to the blind revolving account that is abolished pursuant to section 2 of this act to the rehabilitation division revolving account.
Sec. 4. This act becomes effective on July 1, 1999.
________
Senate Bill No. 148Committee on Judiciary
CHAPTER 288
AN ACT relating to sentencing; revising the penalty for commission of a category E felony; allowing the court to require a person convicted of a category E felony to serve a term of confinement in the county jail as a condition of probation; revising the provisions relating to presentence investigations and reports; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.130 is hereby amended to read as follows:
193.130 1. Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.
2. Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:
(a) A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.
(b) A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.
(c) A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.
κ1999 Statutes of Nevada, Page 1187 (CHAPTER 288, SB 148)κ
addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.
(d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.
(e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100, upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. Such conditions of probation may include, but are not limited to, requiring the person to serve a term of confinement of not more than 1 year in the county jail. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by statute.
Sec. 2. NRS 62.360 is hereby amended to read as follows:
62.360 1. The court shall make and keep records of all cases brought before it.
2. The records may be opened to inspection only by order of the court to persons having a legitimate interest therein except that a release without a court order may be made of any:
(a) Records of traffic violations which are being forwarded to the department of motor vehicles and public safety;
(b) Records which have not been sealed and which are required by the division of parole and probation of the department of motor vehicles and public safety for preparation of presentence investigations and reports pursuant to NRS 176.135 [;] or general investigations and reports pursuant to section 3 of this act;
(c) Information maintained in the standardized system established pursuant to NRS 62.910;
(d) Records which have not been sealed and which are to be used, pursuant to chapter 179D of NRS, by:
(1) The central repository for Nevada records of criminal history;
(2) The division of parole and probation of the department of motor vehicles and public safety; or
(3) A person who is conducting an assessment of the risk of recidivism of an adult or juvenile sex offender; and
(e) Information that must be collected by the division of child and family services of the department of human resources pursuant to NRS 62.920.
3. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
4. Whenever the conduct of a child with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to the civil action may petition the court for release of the childs name, and upon satisfactory showing to the court that the purpose in obtaining the information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the childs name and authorize its use in the civil action.
κ1999 Statutes of Nevada, Page 1188 (CHAPTER 288, SB 148)κ
the court shall order the release of the childs name and authorize its use in the civil action.
Sec. 3. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a defendant pleads guilty, guilty but mentally ill or nolo contendere to or is found guilty of one or more category E felonies, but no other felonies, the division shall not make a presentence investigation and report on the defendant pursuant to NRS 176.135, unless the division has not made a presentence investigation and report on the defendant pursuant to NRS 176.135 within the 5 years immediately preceding the date initially set for sentencing on the category E felony or felonies and:
(a) The court requests a presentence investigation and report; or
(b) The prosecuting attorney possesses evidence that would support a decision by the court to deny probation to the defendant pursuant to paragraph (b) of subsection 1 of NRS 176A.100.
2. If the division does not make a presentence investigation and report on a defendant pursuant to subsection 1, the division shall, not later than 45 days after the date on which the defendant is sentenced, make a general investigation and report on the defendant that contains:
(a) Any prior criminal record of the defendant;
(b) Information concerning the characteristics of the defendant, the circumstances affecting his behavior and the circumstances of his offense that may be helpful to persons responsible for the supervision or correctional treatment of the defendant;
(c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, 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 paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination and the extent of the information included in the report is solely at the discretion of the division;
(d) 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; and
(e) Any other information that the division believes may be helpful to persons responsible for the supervision or correctional treatment of the defendant.
Sec. 4. NRS 176.133 is hereby amended to read as follows:
176.133 As used in NRS 176.133 to 176.159, inclusive, and section 3 of this act, unless the context otherwise requires:
1. Person professionally qualified to conduct psychosexual evaluations means a person who has received training in conducting psychosexual evaluations and is:
(a) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology;
(b) A psychologist licensed to practice in this state;
(c) A social worker holding a masters degree in social work and licensed in this state as a clinical social worker;
κ1999 Statutes of Nevada, Page 1189 (CHAPTER 288, SB 148)κ
(d) A registered nurse holding a masters degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or
(e) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.
2. Psychosexual evaluation means an evaluation conducted pursuant to NRS 176.139.
3. Sexual offense means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(f) Incest pursuant to NRS 201.180;
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;
(h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;
(i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
(j) Lewdness with a child pursuant to NRS 201.230;
(k) Sexual penetration of a dead human body pursuant to NRS 201.450;
(l) Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony;
(m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive, if punished as a felony; or
(n) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
Sec. 5. NRS 176.135 is hereby amended to read as follows:
176.135 1. Except as otherwise provided in this section [,] and section 3 of this act, the division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to or is found guilty of a felony.
2. If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation and must include a psychosexual evaluation of the defendant.
3. If a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:
(a) A sentence is fixed by a jury; or
(b) Such an investigation and report on the defendant has been made by the division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.
4. Upon request of the court, the division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to or are found guilty of gross misdemeanors.
κ1999 Statutes of Nevada, Page 1190 (CHAPTER 288, SB 148)κ
Sec. 6. NRS 176.145 is hereby amended to read as follows:
176.145 1. The report of [the] any presentence investigation must contain:
(a) Any prior criminal record of the defendant;
(b) [Such information about his characteristics,] Information concerning the characteristics of the defendant, his financial condition, the circumstances affecting his behavior and the circumstances of [the offense, as] his offense that 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] offense committed by the defendant has had upon the victim, including, [but not limited to,] without limitation, 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] paragraph 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 the 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 such an evaluation is required pursuant to that section;
(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;
(h) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176A.780;
(i) A written report of the results of a psychosexual evaluation of the defendant, if the defendant is convicted of a sexual offense; and
(j) Such other information as may be required by the court.
2. The division may include in the report [such] any additional information [as] that it believes [will] may be helpful in imposing a sentence, in granting probation or in correctional treatment.
Sec. 7. NRS 176.156 is hereby amended to read as follows:
176.156 1. The division shall disclose to the [district] prosecuting attorney, the counsel for the defendant and the defendant the factual content of the report of [the] :
(a) Any presentence investigation made pursuant to NRS 176.135 and the recommendations of the division . [and]
(b) Any general investigation made pursuant to section 3 of this act.
The division shall afford an opportunity to each party to object to factual errors in any such report and to comment on [the] any recommendations.
κ1999 Statutes of Nevada, Page 1191 (CHAPTER 288, SB 148)κ
2. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation or general investigation to a law enforcement agency of this state or a political subdivision thereof and to a law enforcement agency of the Federal Government for the limited purpose of performing their duties, including, [but not limited to,] without limitation, conducting hearings that are public in nature.
3. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation or general investigation to the division of mental health and developmental services of the department of human resources for the limited purpose of performing its duties, including, without limitation, evaluating and providing any report or information to the division concerning the mental health of:
(a) A sex offender as defined in NRS 213.107; or
(b) An offender who has been determined to be mentally ill . [,
to provide any report or information to the division.]
4. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation or general investigation to the state gaming control board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.
5. Except for the disclosures required by subsections 1 to 4, inclusive, [the] a report of a presentence investigation or general investigation and [its] the sources of information for such a report are confidential and must not be made a part of any public record.
Sec. 8. NRS 176.159 is hereby amended to read as follows:
176.159 1. Except as otherwise provided in subsection 2, when a court imposes a sentence of imprisonment in the state prison or revokes a program of probation and orders a sentence of imprisonment to the state prison to be executed, the court shall cause a copy of the report of the presentence investigation to be delivered to the director of the department of prisons, if such a report was made. The report must be delivered when the judgment of imprisonment is delivered pursuant to NRS 176.335.
2. If a [report of the] presentence investigation [was] and report were not required [because of the exception provided in] pursuant to paragraph (b) of subsection 3 of NRS 176.135 [,] or pursuant to subsection 1 of section 3 of this act, the court shall cause a copy of the previous report of the presentence investigation or a copy of the report of the general investigation, as appropriate, to be delivered to the director of the department of prisons in the manner provided pursuant to subsection 1.
Sec. 9. NRS 176.335 is hereby amended to read as follows:
176.335 1. If the judgment is for imprisonment in the state prison, the sheriff of the county shall, on receipt of the triplicate certified copies thereof, immediately notify the director of the department of prisons and the director shall, without delay, send some authorized person to the county where the prisoner is held for commitment to receive the prisoner.
2. When such an authorized person presents to the sheriff holding the prisoner his order for the delivery of the prisoner, the sheriff shall deliver to the authorized person two of the certified copies of the judgment and a copy of the report of the presentence investigation or general investigation, as appropriate, if required pursuant to NRS 176.159, and take from the person a receipt for the prisoner, and the sheriff shall make return upon his certified copy of the judgment, showing his proceedings thereunder, and both that copy with the return affixed thereto and the receipt from the authorized person must be filed with the county clerk.
κ1999 Statutes of Nevada, Page 1192 (CHAPTER 288, SB 148)κ
of the report of the presentence investigation or general investigation, as appropriate, if required pursuant to NRS 176.159, and take from the person a receipt for the prisoner, and the sheriff shall make return upon his certified copy of the judgment, showing his proceedings thereunder, and both that copy with the return affixed thereto and the receipt from the authorized person must be filed with the county clerk.
3. The term of imprisonment designated in the judgment must begin on the date of sentence of the prisoner by the court.
4. Upon the expiration of the term of imprisonment of the prisoner, or the termination thereof for any legal reason, the director of the department of prisons shall return one of his certified copies of the judgment to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the endorsed copy must be filed with the county clerk. The return must show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.
Sec. 10. NRS 176A.100 is hereby amended to read as follows:
176A.100 1. Except as otherwise provided in this section and NRS 176A.110 and 176A.120, if a person is found guilty in a district court upon verdict or plea of:
(a) Murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.
(b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person. The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time the crime was committed, the person:
(1) Was serving a term of probation, whether in this state or elsewhere, for a felony conviction;
(2) Had previously had his probation revoked, whether in this state or elsewhere, for a felony conviction; or
(3) Had previously been two times convicted, whether in this state or elsewhere, of a crime that under the laws of the situs of the crime or of this state would amount to a felony.
If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this paragraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
(c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.
κ1999 Statutes of Nevada, Page 1193 (CHAPTER 288, SB 148)κ
2. In determining whether to [place] grant probation to a person , [on probation,] the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.
3. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation [.] to a person.
4. If the court determines that a [defendant] person is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176A.440.
5. [The court shall not, except] Except as otherwise provided in this subsection, [grant probation to] if a person is convicted of a felony and the division is required to make a presentence investigation and report to the court pursuant to NRS 176.135, the court shall not grant probation to the person until the court receives [a written] the report of the presentence investigation from the chief parole and probation officer. The chief parole and probation officer shall submit [a written] the report of the presentence investigation to the court not later than 45 days [following] after receiving a request for a [probation] presentence investigation from the county clerk . [, but if a] If the report of the presentence investigation is not submitted by the chief parole and probation officer within 45 days , the [district judge] court may grant probation without the [written] report.
6. If the court determines that a [defendant] person is otherwise eligible for probation, the court shall , when determining the conditions of that probation , consider the imposition of such conditions as would facilitate timely payments by the [defendant] person of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
Sec. 11. NRS 432B.290 is hereby amended to read as follows:
432B.290 1. Except as otherwise provided in subsection 2 or 5, 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, 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 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;
κ1999 Statutes of Nevada, Page 1194 (CHAPTER 288, SB 148)κ
(e) 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 information identifying the subjects of a report must not be made available to him;
(g) The 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 person who or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;
(k) A team organized for the protection of a child pursuant to NRS 432B.350;
(l) A team organized pursuant to NRS 432B.405 to review the death of a child;
(m) 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;
(n) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;
(o) An agency 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;
(p) 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 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;
(q) 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 [;] or pursuant to section 3 of this act in making a general investigation and report; or
(r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency.
2. Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of the report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:
κ1999 Statutes of Nevada, Page 1195 (CHAPTER 288, SB 148)κ
(a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;
(b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and
(c) Such other information authorized for disclosure by a court pursuant to subsection 4.
3. An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning the report.
4. Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.
5. 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.
6. Any person, except for:
(a) The subject of a report;
(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 [,] or making a general investigation and report pursuant to section 3 of this act,
who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.
7. The division of child and family services shall adopt regulations to carry out the provisions of this section.
Sec. 12. NRS 432B.290 is hereby amended to read as follows:
432B.290 1. 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:
κ1999 Statutes of Nevada, Page 1196 (CHAPTER 288, SB 148)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 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) 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 information identifying the subjects of a report must not be made available to him;
(g) The 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 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;
(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 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; 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 [.] or pursuant to section 3 of this act in making a general investigation and report.
κ1999 Statutes of Nevada, Page 1197 (CHAPTER 288, SB 148)κ
2. 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. Any person, except for:
(a) The subject of a report;
(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 [,] or making a general investigation and report pursuant to section 3 of this act,
who is given access, pursuant to subsection 1, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.
4. The division of child and family services shall adopt regulations to carry out the provisions of this section.
Sec. 13. 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. 14. The amendatory provisions of this act do not apply to offenses committed before October 1, 1999.
Sec. 15. 1. This section and sections 1 to 11, inclusive, and 13 and 14 of this act become effective on October 1, 1999.
2. Section 11 of this act expires by limitation on June 30, 2001.
3. Section 12 of this act becomes effective on July 1, 2001.
________
κ1999 Statutes of Nevada, Page 1198κ
Senate Bill No. 111Committee on Finance
CHAPTER 289
AN ACT relating to public employees retirement; clarifying provisions governing the purchase by a state agency of service credit in the public employees retirement system on behalf of certain employees under certain circumstances; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.3007 is hereby amended to read as follows:
286.3007 Except as otherwise required as a result of NRS 286.537:
1. A state agency [shall] may enter into an agreement to pay the cost of purchasing credit for service pursuant to NRS 286.300 on behalf of a member if:
(a) The agency [entered into an agreement with the member under which the member was employed] enters into the agreement before the member is employed;
(b) The member is employed upon the condition that the employer pay the cost of purchasing the credit; and
[(b)] (c) The agreement to [purchase]
pay the cost of purchasing
the credit is in writing, becomes part of the personnel records of the employee
and is approved in advance by the state board of examiners.
2. If a state agency is [required] authorized to purchase credit pursuant to subsection 1, it shall not do so until the member has completed 1 year of service in its employ.
3. If a state agency is required to reduce the number of its employees, it shall purchase credit for service pursuant to NRS 286.300 for any member who:
(a) Is eligible to purchase credit;
(b) Is eligible to retire or will be made eligible by the purchase of the credit;
(c) Agrees to retire upon completion of the purchase; and
(d) Has been employed by the agency for 5 or more years.
4. If a state agency is required to purchase credit pursuant to subsection 3, it shall pay 5 percent of the cost of purchasing the credit and an additional 5 percent of the cost for each year that the person has been employed by the agency in excess of the minimum requirement of 5 years.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1199κ
Senate Bill No. 49Committee on Human Resources and Facilities
CHAPTER 290
AN ACT relating to education; authorizing the commission on educational technology to appoint an advisory committee to submit recommendations to the commission regarding the establishment, coordination and use of a telecommunications network in the public schools of this state; revising the standards of content and performance required to be adopted by the council to establish academic standards for public schools; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.795 is hereby amended to read as follows:
388.795 1. The commission shall establish a plan for the use of educational technology in the public schools of this state. In preparing the plan, the commission shall consider:
(a) Plans that have been adopted by the department and the school districts in this state;
(b) Plans that have been adopted in other states ; [, including, but not limited to, the Iowa Communications Network;]
(c) The information submitted to the commission by the board of trustees of each school district pursuant to subsection 2 of NRS 385.351; and
(d) Any other information that the commission or the committee deems relevant to the preparation of the plan.
2. The plan established by the commission must include recommendations for methods to:
(a) Incorporate educational technology into the public schools of this state;
(b) Increase the number of pupils in the public schools of this state who have access to educational technology;
(c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, but not limited to, the receipt of credit for college courses completed through the use of educational technology;
(d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this state; and
(e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, but not limited to, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.
3. The department shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
as is necessary for the commission to carry out the provisions of this section.
4. The following entities shall cooperate with the commission in carrying out the provisions of this section:
κ1999 Statutes of Nevada, Page 1200 (CHAPTER 290, SB 49)κ
(a) The state board.
(b) The board of trustees of each school district.
(c) The superintendent of schools of each school district.
(d) The department.
5. The commission shall:
(a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this state.
(b) Allocate money to the school districts from the trust fund for educational technology created pursuant to NRS 388.800 and any money appropriated by the legislature for educational technology, subject to any priorities for such allocation established by the legislature.
(c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the commission to:
(1) Repair, replace and maintain computer systems.
(2) Upgrade and improve computer hardware and software and other educational technology.
(3) Provide training, installation and technical support related to the use of educational technology within the district.
(d) Submit to the governor, the committee and the department its plan for the use of educational technology in the public schools of this state and any recommendations for legislation.
(e) Review the plan annually and make revisions as it deems necessary or as directed by the committee or the department.
(f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the committee and the department as the commission deems necessary.
6. The commission may appoint an advisory committee composed of members of the commission or other qualified persons to provide recommendations to the commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this state. The advisory committee serves at the pleasure of the commission and without compensation unless an appropriation or other money for that purpose is provided by the legislature.
7. As used in this section, public school includes the Caliente youth center and the Nevada youth training center.
Sec. 2. Section 45 of chapter 473, Statutes of Nevada 1997, at page 1780, is hereby amended to read as follows:
Sec. 45. 1. The council to establish academic standards for public schools, created pursuant to section 43 of this act, shall establish and submit to the state board of education:
(a) On or before September 1, 1998, standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils for the following courses of study:
(1) English, including reading, composition and writing.
κ1999 Statutes of Nevada, Page 1201 (CHAPTER 290, SB 49)κ
(2) Mathematics.
(3) Science.
(b) On or before [September 1, 1999,] January 15, 2000, standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils for the following courses of study:
(1) Social studies.
(2) Computer education [.] and technology.
(3) Health and physical education.
(4) The arts.
2. The council shall submit written recommendations to the state board of education:
(a) On or before November 1, 1998, on the type of examinations of achievement and proficiency to be administered statewide that may be used to measure the achievement of pupils in the standards of content and performance established by the council pursuant to paragraph (a) of subsection 1. The recommendations must include the grades in which the examinations should be administered.
(b) On or before [November 1, 1999,] January 15, 2000, on the type of examinations of achievement and proficiency in social studies to be administered statewide that may be used to measure the achievement of pupils in the standards of content and performance established by the council pursuant to subparagraph (1) of paragraph (b) of subsection 1. The recommendations must include the grades in which the examinations should be administered.
3. In developing the standards and examinations pursuant to subsections 1 and 2, the council shall:
(a) Hold at least eight meetings. The meetings must be held in at least four different counties during the period commencing August 1, 1997, and expiring [July 31, 1999.] June 30, 2001. At least four of these meetings must be held to hear public testimony concerning the proposed standards of content and performance and the examinations of achievement and proficiency.
(b) Consult with licensed educational personnel in the various school districts and with other persons who have knowledge and experience concerning standards of content and performance or examinations of achievement and proficiency in education.
(c) Review and consider any standards of content and performance and any examinations of achievement and proficiency:
(1) Adopted by this state;
(2) Adopted by the Commonwealth of Virginia or any other states;
(3) Adopted by the Federal Government; or
(4) Advocated in publications of entities, including, but not limited to, the Standards Primer: A Resource for Accelerating the Pace of Reform, published in 1996 by the Education Leaders Council.
4. The state board of education shall adopt:
κ1999 Statutes of Nevada, Page 1202 (CHAPTER 290, SB 49)κ
(a) On or before January 1, 1999, the standards of content and performance established by the council pursuant to paragraph (a) of subsection 1, to take effect in the 1999-2000 school year.
(b) Examinations of achievement and proficiency to be administered statewide, commencing in the 1999-2000 school year, to measure the achievement of pupils in the standards of content and performance adopted by the state board of education pursuant to paragraph (a). In adopting the examinations, the state board shall consider the written recommendations submitted by the council pursuant to subsection 2. The examinations must be scored by a single private entity or the department of education.
(c) On or before [January 1,] February 28, 2000, the standards of content and performance established by the council pursuant to paragraph (b) of subsection 1, to take effect in the 2000-2001 school year.
(d) Examinations of achievement and proficiency in social studies to be administered statewide, commencing in the 2000-2001 school year, to measure the achievement of pupils in social studies in the standards of content and performance adopted by the state board pursuant to paragraph (c). In adopting the examinations, the state board shall consider the written recommendations submitted by the council pursuant to subsection 2. The examinations must be scored by a single private entity or the department of education.
5. The state board of education shall:
(a) On or before February 1, 1999, submit a written report to the council and to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature. The written report must include a description of the standards adopted by the state board of education.
(b) On or before February 1, 2001, submit a written report to the council and to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada legislature. The written report must include a description of the standards adopted by the state board of education.
6. In addition to the duties prescribed in subsections 1 and 2, the council shall:
(a) As soon as practicable, but not later than April 1, 1999:
(1) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards adopted by the state board of education pursuant to paragraph (a) of subsection 4.
(2) Submit to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature any recommendations for legislation that the council deems are necessary to incorporate into the public schools the standards that it established pursuant to paragraph (a) of subsection 1.
(b) As soon as practicable, but not later than April 1, 2001:
(1) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards adopted by the state board of education pursuant to paragraph (c) of subsection 4.
κ1999 Statutes of Nevada, Page 1203 (CHAPTER 290, SB 49)κ
written reports regarding the standards adopted by the state board of education pursuant to paragraph (c) of subsection 4.
(2) Submit to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada legislature any recommendations for legislation that the council deems are necessary to incorporate into the public schools the standards that it established pursuant to paragraphs (a) or (b) of subsection 1.
7. The council shall, on or before June 30, 1999, and on or before June 30, 2001, report to the legislative committee on education, created pursuant to section 37 of this act, regarding the standards and examinations adopted by the state board of education pursuant to subsection 4.
8. The council shall, on or before June 30, 2001, coordinate its duties pursuant to this section with the legislative bureau of educational accountability and program evaluation, created pursuant to section 41 of this act, to enable the bureau to continue the duties of the council of evaluating and reporting after June 30, 2001.
9. For the purposes of this section, social studies means the subjects of history, geography, economics and government.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 645Committee on Judiciary
CHAPTER 291
AN ACT relating to Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 1.390 is hereby amended to read as follows:
1.390 1. Each member of the commission on judicial selection who is not a judicial officer is entitled to receive a salary of not more than $80, as fixed by the commission, for each days attendance at each meeting of the commission.
2. While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 1.1. NRS 2.250 is hereby amended to read as follows:
2.250 1. The clerk of the supreme court may demand and receive for his services rendered in discharging the duties imposed upon him by law the following fees:
(a) Except as otherwise provided in paragraph (c), whenever an appeal is taken to the supreme court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the supreme court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the clerk of the supreme court the sum of $200.
κ1999 Statutes of Nevada, Page 1204 (CHAPTER 291, AB 645)κ
the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the clerk of the supreme court the sum of $200.
(b) Except as otherwise provided in paragraph (c), a party to an appeal or special proceeding who petitions the supreme court for a rehearing shall, at the time of filing such a petition, pay to the clerk of the supreme court the sum of $100.
(c) No fees may be charged by the clerk in:
(1) Any action brought in or to the supreme court wherein the [state,] State of Nevada or any county, city or town thereof, or any officer or commission thereof is a party in his or its official or representative capacity, against the [state,] State of Nevada, county, city, town, officer or commission;
(2) A habeas corpus proceeding of a criminal or quasi-criminal nature; or
(3) An appeal taken from, or a special proceeding arising out of, a criminal proceeding.
(d) A fee of $60 for supreme court decisions in pamphlet form for each year, or a fee of $30 for less than a 6 months supply of decisions, to be collected from each person who requests such decisions, except those persons and agencies set forth in NRS 2.345. The clerk may charge a reasonable fee to all parties, including, without limitation, the persons and agencies set forth in NRS 2.345, for access to decisions of the supreme court compiled in an electronic format.
(e) A fee from a person who requests a photostatic copy or a photocopy print of any paper or document in an amount determined by the justices of the supreme court.
2. [No other fees may be charged than those specially set forth in this section nor may fees be charged for services other than those set forth in this section.] The clerk of the supreme court shall not charge any fee that is not authorized by law.
3. The clerk of the supreme court shall keep a fee book in which the clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book must be open to public inspection in the office of the clerk.
4. The clerk of the supreme court shall publish and post in some conspicuous place in his office a table of fees for public inspection. The clerk shall forfeit a sum of not less than $20 for each day of his omission to do so, which sum with costs may be recovered by any person by filing an action before any justice of the peace of the same county.
5. All fees prescribed in this section must be paid in advance, if demanded. If the clerk of the supreme court has not received any or all of the fees which are due to him for services rendered in any suit or proceeding, the clerk may have execution therefor in his own name against the party from whom they are due, to be issued from the supreme court upon order of a justice thereof or from the court upon affidavit filed.
6. The clerk of the supreme court shall give a receipt on demand of the party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.
κ1999 Statutes of Nevada, Page 1205 (CHAPTER 291, AB 645)κ
7. The clerk of the supreme court shall, when depositing with the state treasurer money received for court fees, render to the state treasurer a brief note of the cases in which the money was received.
Sec. 1.3. NRS 2.255 is hereby amended to read as follows:
2.255 If the clerk of the supreme court:
1. Violates any of the provisions of subsections 2 and 3 of NRS 2.250, he shall be fined in an amount not exceeding $1,000.
2. Takes greater fees than [allowed under NRS 2.250,] authorized by law, he shall, upon conviction, be removed from office and fined in an amount not exceeding $1,000.
Sec. 1.5. NRS 4.080 is hereby amended to read as follows:
4.080 [No other fees may be charged by justices of the peace than those specifically set forth in this chapter, nor may fees be charged for any other services than those mentioned in this chapter.] A justice of the peace shall not charge any fee that is not authorized by law.
Sec. 1.7. NRS 19.070 is hereby amended to read as follows:
19.070 [No other fees shall be charged than those set forth in this chapter, nor shall fees be charged for any other services than those mentioned in this chapter.] A county clerk shall not charge any fee that is not authorized by law.
Sec. 1.9. NRS 19.110 is hereby amended to read as follows:
19.110 If any county clerk [shall take] takes more or greater fees than are [allowed in this chapter,] authorized by law, he shall be liable to indictment, and on conviction shall be removed from office and fined in any sum not exceeding $1,000.
Sec. 2. NRS 104.9105 is hereby amended to read as follows:
104.9105 1. As used in this article, unless the context otherwise requires:
(a) Account debtor means the person who is obligated on an account, chattel paper or general intangible.
(b) Chattel paper means a writing or writings which evidence both a monetary obligation and a security interest in or a lease of specific goods, but a charter or other contract involving the use or hire of a vessel is not chattel paper. When a transaction is evidenced both by such a security agreement or a lease and by an instrument or a series of instruments, the group of writings taken together constitutes chattel paper.
(c) Collateral means the property subject to a security interest, and includes accounts and chattel paper which have been sold.
(d) Debtor means the person who owes payment or other performance of the obligation secured, whether or not he owns or has rights in the collateral, and includes the seller of accounts or chattel paper. Where the debtor and the owner of the collateral are not the same person, the term debtor means the owner of the collateral in any provision of the article dealing with the collateral, the obligor in any provision dealing with the obligation, and may include both where the context so requires.
(e) Deposit account means a demand, time, savings, passbook or like account maintained with a bank, savings and loan association, credit union or like organization, other than an account evidenced by a certificate of deposit.
κ1999 Statutes of Nevada, Page 1206 (CHAPTER 291, AB 645)κ
(f) Document means document of title as defined in the general definitions of article 1 (NRS 104.1201), and a receipt of the kind described in subsection 2 of NRS 104.7201.
(g) Encumbrance includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests.
(h) Goods includes all things which are movable at the time the security interest attaches or which are fixtures (NRS 104.9313), but does not include money, documents, instruments, investment property, accounts, chattel paper, general intangibles or minerals or the like (including oil and gas) before extraction. Goods also include standing timber which is to be cut and removed under a conveyance or contract for sale, the unborn young of animals and growing crops.
(i) Instrument means a negotiable instrument (defined in NRS 104.3104) or any other writing which evidences a right to the payment of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary endorsement or assignment. The term does not include investment property.
(j) Mortgage means a consensual interest created by a real estate mortgage, a trust deed on real estate or the like.
(k) An advance is made pursuant to commitment if the secured party has bound himself to make it, whether or not a subsequent event of default or other event not within his control has relieved or may relieve him from his obligation.
(l) Security agreement means an agreement which creates or provides for a security interest.
(m) Secured party means a lender, seller or other person in whose favor there is a security interest, including a person to whom accounts or chattel paper have been sold. When the holders of obligations issued under an indenture of trust, equipment trust agreement or the like are represented by a trustee or other person, the representative is the secured party.
2. Other definitions applying to this article and the sections in which they appear are:
Account. NRS 104.9106.
Attach. NRS 104.9203.
Commodity contract. NRS 104.9115.
Commodity customer. NRS 104.9115.
Commodity intermediary. NRS 104.9115.
Construction mortgage. NRS 104.9313.
Consumer goods. Subsection 1 of NRS 104.9109.
Control. NRS 104.9115.
Equipment. Subsection 2 of NRS 104.9109.
Farm products. Subsection 3 of NRS 104.9109.
Fixture. NRS 104.9313.
Fixture filing. NRS 104.9313.
General intangibles. NRS 104.9106.
Inventory. Subsection 4 of NRS 104.9109.
Investment property. NRS 104.9115.
Lien creditor. Subsection [5] 3 of NRS 104.9301.
κ1999 Statutes of Nevada, Page 1207 (CHAPTER 291, AB 645)κ
Proceeds. Subsection 1 of NRS 104.9306.
Purchase money security interest. NRS 104.9107.
United States. NRS 104.9103.
3. The following definitions in other articles apply to this article:
Broker. NRS 104.8102.
Certificated security. NRS 104.8102.
Check. NRS 104.3104.
Contract for sale. NRS 104.2106.
Delivery. NRS 104.8301.
Financial asset. NRS 104.8102.
Holder in due course. NRS 104.3302.
Letter of credit. NRS 104.5102.
Note. NRS 104.3104.
Proceeds of a letter of credit. NRS 104.5114.
Sale. NRS 104.2106.
Securities intermediary. NRS 104.8102.
Security. NRS 104.8102.
Security certificate. NRS 104.8102.
Security entitlement. NRS 104.8102.
Uncertificated security. NRS 104.8102.
4. In addition, article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
Sec. 3. NRS 176A.500 is hereby amended to read as follows:
176A.500 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:
(a) Three years for a:
(1) Gross misdemeanor; or
(2) Suspension of sentence pursuant to NRS 453.3363; or
(b) Five years for a felony . [, except that for a felony involving a violation of the provisions of NRS 484.3795 the period must not be more than 10 years.]
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is canceled or probation is reinstated, the court may include any amount of that time as part of the period of probation.
3. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 4, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities, if any, a statement of the charges against the probationer.
κ1999 Statutes of Nevada, Page 1208 (CHAPTER 291, AB 645)κ
subsection 4, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities, if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
4. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.
Sec. 4. NRS 201.020 is hereby amended to read as follows:
201.020 1. A husband or wife who, without just cause, deserts, willfully neglects or refuses to provide for the support and maintenance of his spouse in destitute or necessitous circumstances, or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his legitimate or illegitimate minor child or children, or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his legitimate or illegitimate child or children who upon arriving at the age of majority are unable to provide themselves with support and maintenance because of infirmity, incompetency or other legal disability contracted before their reaching the age of majority, shall be punished:
(a) [If] For the first offense, if the conduct for which the defendant was convicted persisted for less than 6 months, for a misdemeanor or, if such conduct persisted for more than 6 months, for a gross misdemeanor or, if for more than 1 year, for a category C 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 5 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) For any subsequent offense for a category C felony as provided in NRS 193.130.
2. In addition to other orders which the court may make relative to the defendants obligation to provide support to his spouse and children, the court may impose an intermittent sentence on a person found guilty of a violation of subsection 1 if it finds that such a sentence would be in the best interest of the defendants spouse and child or children.
Sec. 5. NRS 202.350 is hereby amended to read as follows:
202.350 1. [It] Except as otherwise provided in this
section and NRS 202.3653 to 202.369, inclusive, 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, carry] Carry concealed upon his person any:
κ1999 Statutes of Nevada, Page 1209 (CHAPTER 291, AB 645)κ
(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
(4) Knife which is made an integral part of a belt buckle.
2. [It] Except as otherwise provided in this section, 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. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.
5. [This] Except as otherwise provided in subsection 6, 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 subsection 1 of NRS 202.3653.] means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
κ1999 Statutes of Nevada, Page 1210 (CHAPTER 291, AB 645)κ
(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.
(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.
(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.
(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.
(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. 6. NRS 239.010 is hereby amended to read as follows:
239.010 1. All public books and public records of a governmental entity, the contents of which are not otherwise declared by law to be confidential, must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has custody of a public record shall not refuse to provide a copy of that public record in a readily available medium because he has already prepared or would prefer to provide the copy in a different medium.
[4. As used in this section:
(a) Educational foundation has the meaning ascribed to it in subsection 3 of NRS 388.750.
(b) University foundation has the meaning ascribed to it in subsection 3 of NRS 396.405.]
κ1999 Statutes of Nevada, Page 1211 (CHAPTER 291, AB 645)κ
Sec. 7. NRS 271.515 is hereby amended to read as follows:
271.515 1. Any assessment bonds:
(a) Must bear such date or dates;
(b) Must mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Must bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(d) Must be payable in such medium of payment at such place or places within and without the state, including , but not limited to , the office of the county treasurer; and
(e) At the option of the governing body, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of a premium or premiums not exceeding 9 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the governing body in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the governing body may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds must be fully negotiable within the meaning of and for all the purposes of the [Negotiable Instruments Law] Uniform Commercial Code — Negotiable Instruments and the Uniform Commercial Code — Investment Securities.
5. Notwithstanding any other provisions of law, the governing body, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(d) Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of larger or smaller denominations, which bonds of larger or smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.
κ1999 Statutes of Nevada, Page 1212 (CHAPTER 291, AB 645)κ
request of the holder thereof, be converted into bonds of larger or smaller denominations, which bonds of larger or smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.
6. Any bonds may be issued hereunder with provisions for their reissuance, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code — Investment Securities, or otherwise.
7. Any bond must be executed in the name of and on behalf of the municipality and signed by the mayor, chairman, or other presiding officer of the governing body, countersigned by the treasurer of the municipality, with the seal of the municipality affixed thereto and attested by the clerk.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer must be attached to the bonds and bear the original or facsimile signature of the treasurer.
9. Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act . [(and compliance] Compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature . [).]
10. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, are the valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
11. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 8. NRS 422.2352 is hereby amended to read as follows:
422.2352 As used in NRS 422.2352 to 422.2374, inclusive, 422.301 to 422.306, inclusive, and 422.380 to 422.390, inclusive, [and 422.580,] unless the context otherwise requires, administrator means the administrator of the division of health care financing and policy.
Sec. 9. NRS 459.3816 is hereby amended to read as follows:
459.3816 1. The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Acetaldehyde................................................................... 75-07-0........................................................................................... 2500
Acrolein (2-Propenal).................................................... 107-02-8 150
Acrylyl Chloride............................................................. 814-68-6 250
Allyl Chloride................................................................. 107-05-1........................................................................................... 1000
Allylamine...................................................................... 107-11-9........................................................................................... 1500
κ1999 Statutes of Nevada, Page 1213 (CHAPTER 291, AB 645)κ
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Alkylaluminums................................................................... None........................................................................................... 5000
Ammonia, Anhydrous............................................... 7664-41-7........................................................................................... 5000
Ammonia solutions (44% ammonia by weight)... 7664-41-7......................................................................................... 10000
Ammonium Perchlorate............................................ 7790-98-9........................................................................................... 7500
Ammonium Permanganate...................................... 7787-36-2........................................................................................... 7500
Arsine (also called Arsenic Hydride)........................ 7784-42-1 100
Bis (Chloromethyl) Ether............................................. 542-88-1 100
Boron Trichloride...................................................... 10294-34-5........................................................................................... 2500
Boron Trifluoride........................................................ 7637-07-2 250
Bromine........................................................................ 7726-95-6........................................................................................... 1500
Bromine Chloride..................................................... 13863-41-7........................................................................................... 1500
Bromine Pentafluoride............................................... 7789-30-2........................................................................................... 2500
Bromine Trifluoride.................................................... 7787-71-5......................................................................................... 15000
3-Bromopropyne (also called Propargyl Bromide). 106-96-7........................................................................................... 7500
Butyl Hydroperoxide (Tertiary).................................... 75-91-2........................................................................................... 5000
Butyl Perbenzoate (Tertiary)....................................... 614-45-9........................................................................................... 7500
Carbonyl Chloride (see Phosgene)................................ 75-44-5 100
Carbonyl Fluoride......................................................... 353-50-4........................................................................................... 2500
Cellulose Nitrate (concentration 12.6% Nitrogen) 9004-70-0........................................................................................... 2500
Chlorine........................................................................ 7782-50-5........................................................................................... 1500
Chlorine Dioxide....................................................... 10049-04-4........................................................................................... 1000
Chlorine Pentafluoride............................................. 13637-63-3........................................................................................... 1000
Chlorine Trifluoride.................................................... 7790-91-2........................................................................................... 1000
Chlorodiethylaluminum (also called Diethylaluminum Chloride)..................................................................... 96-10-6........................................................................................... 5000
1-Chloro-2,4-Dinitrobenzene......................................... 97-00-7........................................................................................... 5000
Chloromethyl Methyl Ether........................................ 107-30-2 500
Chloropicrin...................................................................... 76-06-2 500
Chloropicrin and Methyl Bromide mixture..................... None........................................................................................... 1500
Chloropicrin and Methyl Chloride mixture..................... None........................................................................................... 1500
Cumene Hydroperoxide................................................. 80-15-9........................................................................................... 5000
Cyanogen....................................................................... 460-19-5........................................................................................... 2500
Cyanogen Chloride....................................................... 506-77-4 500
Cyanuric Fluoride.......................................................... 675-14-9 100
Diacetyl Peroxide (concentration 70%).................... 110-22-5........................................................................................... 5000
Diazomethane............................................................... 334-88-3 500
Dibenzoyl Peroxide......................................................... 94-36-0........................................................................................... 7500
Diborane..................................................................... 19287-45-7 100
Dibutyl Peroxide (Tertiary).......................................... 110-05-4........................................................................................... 5000
Dichloro Acetylene..................................................... 7572-29-4 250
Dichlorosilane.............................................................. 4109-96-0........................................................................................... 2500
Diethylzinc...................................................................... 557-20-0......................................................................................... 10000
κ1999 Statutes of Nevada, Page 1214 (CHAPTER 291, AB 645)κ
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Diisopropyl Peroxydicarbonate.................................. 105-64-6........................................................................................... 7500
Dilauroyl Peroxide......................................................... 105-74-8........................................................................................... 7500
Dimethyl Sulfide.............................................................. 75-18-3 100
Dimethyldichlorosilane................................................... 75-78-5........................................................................................... 1000
Dimethylhydrazine, 1.1-................................................. 57-14-7........................................................................................... 1000
Dimethylamine, Anhydrous........................................ 124-40-3........................................................................................... 2500
Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone Peroxide; concentration 60%)............................ 1338-23-4........................................................................................... 5000
Ethyl Nitrite.................................................................... 109-95-5........................................................................................... 5000
Ethylamine....................................................................... 75-04-7........................................................................................... 7500
Ethylene Fluorohydrin.................................................. 371-62-0 100
Ethylene Oxide................................................................. 75-21-8........................................................................................... 5000
Ethyleneimine................................................................ 151-56-4........................................................................................... 1000
Fluorine......................................................................... 7782-41-4........................................................................................... 1000
Formaldehyde (concentration 90%)............................ 50-00-0........................................................................................... 1000
Furan............................................................................... 110-00-9 500
Hexafluoroacetone....................................................... 684-16-2........................................................................................... 5000
Hydrochloric Acid, Anhydrous................................. 7647-01-0........................................................................................... 5000
Hydrofluoric Acid, Anhydrous................................. 7664-39-3........................................................................................... 1000
Hydrogen Bromide................................................... 10035-10-6........................................................................................... 5000
Hydrogen Chloride..................................................... 7647-01-0........................................................................................... 5000
Hydrogen Cyanide, Anhydrous.................................... 74-90-8........................................................................................... 1000
Hydrogen Fluoride...................................................... 7664-39-3........................................................................................... 1000
Hydrogen Peroxide (52% by weight or more)........ 7722-84-1........................................................................................... 7500
Hydrogen Selenide...................................................... 7783-07-5 150
Hydrogen Sulfide........................................................ 7783-06-4........................................................................................... 1500
Hydroxylamine........................................................... 7803-49-8........................................................................................... 2500
Iron, Pentacarbonyl-................................................ 13463-40-6 250
Isopropyl Formate........................................................ 625-55-8 500
Isopropylamine................................................................ 75-31-0........................................................................................... 5000
Ketene............................................................................. 463-51-4 100
Methacrylaldehyde......................................................... 78-85-3........................................................................................... 1000
Methacryloyl Chloride................................................. 920-46-7 150
Methacryloyloxyethyl Isocyanate........................ 30674-80-7 100
Methyl Acrylonitrile...................................................... 126-98-7 250
Methylamine, Anhydrous.............................................. 74-89-5........................................................................................... 1000
Methyl Bromide............................................................... 74-83-9........................................................................................... 2500
Methyl Chloride............................................................... 74-87-3......................................................................................... 15000
Methyl Chloroformate................................................... 79-22-1 500
Methyl Disulfide............................................................ 624-92-0 100
κ1999 Statutes of Nevada, Page 1215 (CHAPTER 291, AB 645)κ
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Methyl Ethyl Ketone Peroxide [(concentration] (also Ethyl Methyl Ketone Peroxide; concentration 60%) 1338-23-4........................................................................................... 5000
Methyl Fluoroacetate................................................... 453-18-9 100
Methyl Fluorosulfate.................................................... 421-20-5 100
Methyl Hydrazine........................................................... 60-34-4 100
Methyl Iodide................................................................... 74-88-4........................................................................................... 7500
Methyl Isocyanate........................................................ 624-83-9 250
Methyl Mercaptan.......................................................... 74-93-1........................................................................................... 5000
Methyl Vinyl Ketone....................................................... 78-94-4 100
Methyltrichlorosilane...................................................... 75-79-6 500
Nickel Carbonyl (Nickel Tetracarbonyl).............. 13463-39-3 150
Nitric Acid (94.5% by weight or greater)................. 7697-37-2 500
Nitric Oxide................................................................ 10102-43-9 250
Nitroaniline (para Nitroaniline)................................... 100-01-6........................................................................................... 5000
Nitromethane................................................................... 75-52-5........................................................................................... 2500
Nitrogen Dioxide....................................................... 10102-44-0 250
Nitrogen Oxides (NO; NO2; N2O4; N2O3).......... 10102-44-0 250
Nitrogen Tetroxide (also called Nitrogen Peroxide) 10544-72-6............................................................................................. 250
Nitrogen Trifluoride.................................................... 7783-54-2........................................................................................... 5000
Nitrogen Trioxide...................................................... 10544-73-7 250
Oleum (65% or greater by weight of sulfur trioxide; also called Fuming Sulfuric Acid).......................................... 8014-95-7........................................................................................... 1000
Osmium Tetroxide.................................................... 20816-12-0 100
Oxygen Difluoride (Fluorine Monoxide)................. 7783-41-7 100
Ozone.......................................................................... 10028-15-6 100
Pentaborane.............................................................. 19624-22-7 100
Peracetic Acid (also called Peroxyacetic Acid).......... 79-21-0........................................................................................... 5000
Perchloric Acid (concentration 60%)....................... 7601-90-3........................................................................................... 5000
Perchloromethyl Mercaptan....................................... 594-42-3 150
Perchloryl Fluoride...................................................... 7616-94-6........................................................................................... 5000
Peroxyacetic Acid (concentration 60%; also called Peracetic Acid)............................................................................ 79-21-0........................................................................................... 5000
Phosgene (also called Carbonyl Chloride).................. 75-44-5 100
Phosphine (Hydrogen Phosphide)............................ 7803-51-2 100
Phosphorus Oxychloride (also called Phosphoryl Chloride)............................................................................... 10025-87-3........................................................................................... 1000
Phosphorus Trichloride.............................................. 7719-12-2........................................................................................... 1000
Phosphoryl Chloride (also called Phosphorus Oxychloride)............................................................................... 10025-87-3........................................................................................... 1000
κ1999 Statutes of Nevada, Page 1216 (CHAPTER 291, AB 645)κ
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Propargyl Bromide (also called 3‑Bromopropyne) 106-96-7........................................................................................... 7500
Propyl Nitrate................................................................. 627-13-4........................................................................................... 2500
Sarin................................................................................. 107-44-8 100
Selenium Hexafluoride.............................................. 7783-79-1........................................................................................... 1000
Stibine (Antimony Hydride)...................................... 7803-52-3 500
Sulfur Dioxide (liquid)................................................ 7446-09-5........................................................................................... 1000
Sulfur Pentafluoride................................................... 5714-22-7 250
Sulfur Tetrafluoride.................................................... 7783-60-0 250
Sulfur Trioxide (also called Sulfuric Anhydride)... 7446-11-9........................................................................................... 1000
Sulfuric Anhydride (also called Sulfur Trioxide)... 7446-11-9........................................................................................... 1000
Tellurium Hexafluoride............................................. 7783-80-4 250
Tetrafluoroethylene...................................................... 116-14-3........................................................................................... 5000
Tetrafluorohydrazine............................................... 10036-47-2........................................................................................... 5000
Tetramethyl Lead............................................................ 75-74-1........................................................................................... 7500
Thionyl Chloride......................................................... 7719-09-7 250
Titanium Tetrachloride.............................................. 7550-45-0........................................................................................... 2500
Trichloro(chloromethyl) Silane................................. 1558-25-4 100
Trichloro(dichlorophenyl) Silane........................... 27137-85-5........................................................................................... 2500
Trichlorosilane........................................................... 10025-78-2........................................................................................... 5000
Trifluorochloroethylene.................................................. 79-38-9......................................................................................... 10000
Trimethyoxysilane...................................................... 2487-90-3........................................................................................... 1500
2. The division, in consultation with the health districts created pursuant to NRS 439.370, the health division of the department of human resources and the division of industrial relations of the department of business and industry, shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances. The division shall, by regulation, add to the list of highly hazardous substances any chemical that is identified as being used, manufactured, stored, or capable of being produced, at a facility, in sufficient quantities at a single site, that its release into the environment would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure.
Sec. 10. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.
κ1999 Statutes of Nevada, Page 1217 (CHAPTER 291, AB 645)κ
3. The distribution of the basic privilege tax within a county must be made to local governments, special districts and enterprise districts pursuant to the provisions of NRS 360.680 and 360.690. The distribution of the basic privilege tax must be made to the county school district within the county before the distribution of the basic privilege tax pursuant to the provisions of NRS 360.680 and 360.690 and in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution. For the purpose of calculating the amount of basic privilege tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency [or area] as long as it exists but must not be increased.
5. The department shall make distributions of basic privilege tax directly to county school districts.
6. As used in this section:
(a) Enterprise district has the meaning ascribed to it in NRS 360.620.
(b) Local government has the meaning ascribed to it in NRS 360.640.
(c) Special district has the meaning ascribed to it in NRS 360.650.
Sec. 11. NRS 483.495 is hereby amended to read as follows:
483.495 The department shall by regulation:
1. Except as otherwise provided in paragraph (h) of subsection 1 of NRS 62.211, [subsection 7 of NRS 62.224,] and NRS 62.2263 and 62.227, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:
(a) Must provide for a fair evaluation of a persons ability to operate a motor vehicle; and
(b) May allow for the waiver of certain tests or requirements as the department deems necessary.
2. Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.
Sec. 12. NRS 581.500 is hereby amended to read as follows:
581.500 1. The [council,] advisory council on the metric system, consisting of seven members appointed by the governor, is hereby created within the division of agriculture of the department of business and industry.
2. The governor shall appoint:
(a) One member from business.
κ1999 Statutes of Nevada, Page 1218 (CHAPTER 291, AB 645)κ
(b) One member from the engineering profession.
(c) One member from a trade organization.
(d) One member from industry.
(e) One member from a labor organization.
(f) One member from the faculty of a university in the University and Community College System of Nevada.
(g) One member from the faculty of a public elementary or secondary school.
Sec. 13. NRS 612.090 is hereby amended to read as follows:
612.090 1. Employment includes agricultural labor if:
(a) The services are performed in the employ of a person who:
(1) Paid cash wages of $20,000 or more during any calendar quarter of the current calendar year or preceding calendar year to persons employed in agricultural labor; or
(2) Employed 10 or more persons in agricultural labor some portion of the day for at least 20 days, each day being in a different calendar week, during the current calendar year or preceding calendar year whether or not the weeks were consecutive or the persons were employed at the same moment of time; and
(b) The services are performed:
(1) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife.
(2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of the farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of the service is performed on a farm.
(3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Agricultural Marketing Act, 12 U.S.C. § 1141j, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes.
(4) [In] Except as otherwise provided in subsection 2, in the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if the operator produced more than one-half of the commodity with respect to which such service is performed.
(5) [In] Except as otherwise provided in subsection 2, in the employ of a group of operators of farms, or a cooperative organization of which such operators are members, in the performance of service described in subparagraph (4), but only if such operators produced more than one-half of the commodity with respect to which such service is performed.[The provisions of subparagraphs (4) and (5) do not apply to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.]
κ1999 Statutes of Nevada, Page 1219 (CHAPTER 291, AB 645)κ
[The provisions of subparagraphs (4) and (5) do not apply to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.]
(6) On a farm operated for profit although the service is not in the course of the employers trade or business.
2. The provisions of subparagraphs (4) and (5) of paragraph (b) of subsection 1 do not apply to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.
3. As used in this section, the term farm includes stock, dairy, poultry, fruit, fur-bearing animal and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for raising agricultural or horticultural commodities, and orchards.
[3.] 4. The provisions of this section do not apply to services performed before January 1, 1980, by an alien admitted to the United States to perform agricultural labor pursuant to sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act, 8 U.S.C. §§ 1184(c) and 1101(a)(15)(H) respectively.
Sec. 14. Chapter 645D of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.
Sec. 15. 1. A person who applies for the issuance or renewal of a certificate shall submit to the administrator the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The administrator shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or
(b) A separate form prescribed by the administrator.
3. A certificate may not be issued or renewed by the administrator if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 16. 1. If the administrator receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a certified inspector, the administrator shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the administrator receives a letter issued to the certified inspector by the district attorney or other public agency pursuant to NRS 425.550 stating that the certified inspector has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
κ1999 Statutes of Nevada, Page 1220 (CHAPTER 291, AB 645)κ
professional, occupational and recreational licenses, certificates and permits issued to a certified inspector, the administrator shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the administrator receives a letter issued to the certified inspector by the district attorney or other public agency pursuant to NRS 425.550 stating that the certified inspector has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The administrator shall reinstate a certificate that has been suspended by a district court pursuant to NRS 425.540 if the administrator receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 17. NRS 645D.170 is hereby amended to read as follows:
645D.170 An application for a certificate must be in writing upon a form prepared and furnished by the division. The application must include the following information:
1. The name, age , [and] address and social security number of the applicant.
2. The place or places, including the street number, city and county, at which the applicant intends to maintain an office to conduct business as an inspector.
3. The business, occupation or other employment of the applicant during the 5 years immediately preceding the date of the application, and the location thereof.
4. The applicants education and experience to qualify for a certificate.
5. Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty or nolo contendere to:
(a) A felony, and if so, the nature of the felony.
(b) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.
6. If the applicant is a member of a partnership or association or is an officer of a corporation, the name and address of the principal office of the partnership, association or corporation.
7. Any other information relating to the qualifications or background of the applicant that the division requires.
Sec. 18. NRS 645D.200 is hereby amended to read as follows:
645D.200 1. The administrator shall issue a certificate to any person who:
(a) Is of good moral character, honesty and integrity;
(b) Has the education and experience prescribed in the regulations adopted pursuant to NRS 645D.120; [and]
(c) Has submitted proof that he or his employer holds a policy of insurance that complies with the requirements of subsection 1 of NRS 645D.190 [.] ; and
κ1999 Statutes of Nevada, Page 1221 (CHAPTER 291, AB 645)κ
(d) Has submitted the statement required pursuant to section 15 of this act.
2. The administrator may deny an application for a certificate to any person who:
(a) Has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;
(b) Makes a false statement of a material fact on his application;
(c) Has had a certificate suspended or revoked pursuant to this chapter within the 10 years immediately preceding the date of his application; or
(d) Has not submitted proof that he or his employer holds a policy of insurance that complies with the requirements of subsection 1 of NRS 645D.190.
Sec. 19. The amendatory provisions of sections 15 to 18, inclusive, of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
1. Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
2. Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
Sec. 20. This act becomes effective upon passage and approval.
________
Assembly Bill No. 241Assemblymen McClain, Koivisto, Parks, Manendo, Claborn, Chowning, Lee, Williams, Segerblom, Bache, Giunchigliani, Arberry, Thomas, Goldwater, Anderson, Price, Ohrenschall, Freeman, de Braga, Gustavson, Collins, Parnell, Leslie, Mortenson, Gibbons, Berman, Perkins, Beers, Neighbors, Carpenter, Angle, Tiffany, Buckley, Nolan, Hettrick, Humke, Evans and Cegavske
Joint Sponsors: Senators Washington, Porter, Amodei and Shaffer
CHAPTER 292
AN ACT relating to school districts; requiring the Legislative Auditor to conduct an audit of the school districts in this state; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Legislative Auditor shall conduct an audit of the school districts in this state. The audit must include an assessment of a representative number of public schools throughout this state, with at least one public school in each school district included in the assessment.
κ1999 Statutes of Nevada, Page 1222 (CHAPTER 292, AB 241)κ
one public school in each school district included in the assessment. For each school, the audit must include, without limitation:
(a) The revenue budgeted for and the expenditure levels of instructional costs not related to personnel costs, including, without limitation, the amount expended for instructional supplies, library books, textbooks, instructional software and other areas directly related to the instruction of pupils;
(b) The number of pupils who are enrolled in each subject area and the number of textbooks available for each subject area, if applicable;
(c) The number of pupils who are enrolled in programs of special education and the number of textbooks available for use in each such program; and
(d) The amount of money requested of parents of pupils who are enrolled in elementary school to purchase instructional supplies or other items which are used to supplement the resources available to the school for the instruction of those pupils.
2. The Legislative Auditor shall prepare a final written report of the audit and present the report to the Audit Subcommittee of the Legislative Commission not later than February 5, 2001.
3. To the extent that the provisions of NRS 218.737 to 218.890, inclusive, are consistent with the requirements of this section, those provisions apply to the audit conducted pursuant to this section. For the purposes of this subsection, each school district in this state shall be deemed to be an agency of the state.
4. Upon the request of the Legislative Auditor or his authorized representative, the officers and employees of each school district in this state shall make available to the Legislative Auditor any of their books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct the audit required by this section.
Sec. 2. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 252Committee on Natural Resources, Agriculture, and Mining
CHAPTER 293
AN ACT relating to public water; revising the provisions governing liens upon lands entitled to receive water from an irrigation district; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 539.513 is hereby amended to read as follows:
539.513 1. [For the purpose of defraying] To defray the organization and current expense of the district, and of the care, operation, maintenance, management, repair, and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, the board may:
κ1999 Statutes of Nevada, Page 1223 (CHAPTER 293, AB 252)κ
existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, the board may:
(a) Fix rates of tolls or charges, and provide for the collection thereof by the district treasurer as operation and maintenance, or some like designation; or
(b) Levy assessments therefor, or for a portion thereof, collecting the balance as tolls or charges.
[In this relation, provision may be made by the board] The board may provide for the fixing, levying and collection of a minimum, flat or stated operation and maintenance assessment, toll or charge per acre, whether water is used or not, and a further operation and maintenance toll or charge for water used in excess of the amount delivered for the minimum charge , [;] or the board may adopt other reasonable methods of fixing and collecting the operation and maintenance charges.
2. Assessments, tolls and charges may be collected in advance, and the assessment and such tolls and charges may be based upon an estimate of the operation and maintenance revenue required for the current or ensuing year, to be adjusted as near as may be from year to year.
3. Water service may be refused and water delivery may be shut off whenever there is a default in the payment of operation and maintenance, but all other legal remedies [shall] must also be available for the enforcement of the debt.
4. The assessments, tolls and charges [shall] must be collected by the treasurer and deposited in the general fund or operation and maintenance fund, and he shall account therefor and disburse the same as provided in this chapter.
5. The assessments, tolls or charges fixed by the board of directors for the payment of operation and maintenance expenses, as provided in this chapter, [shall become] are a lien upon all lands entitled to receive water from the irrigation district system of works, as of the date fixed by the board of directors for the payment of the [same,] assessments, tolls or charges, whether water is delivered to such lands or not.
6. If the ownership of the land upon which a lien is imposed pursuant to subsection 5 is severed from the ownership of the right to use the water, the lien remains in effect on the land until:
(a) The place of use of the water is changed to land upon which a lien is imposed pursuant to subsection 5, if:
(1) The change is in accordance with applicable statutes and regulations of Nevada; or
(2) On a stream system where a decree of court has been entered, the change is in accordance with the decree or any rules adopted pursuant to the decree; or
(b) The owner of the right to use the water enters into a written agreement with the irrigation district for the payment of assessments, tolls or charges required pursuant to this section. Except as otherwise provided in this paragraph, the payment must be secured by the right to use the water in a manner that is satisfactory to the irrigation district. If the owner of the right to use the water is the Federal Government or one of its agencies, or the State of Nevada or one of its agencies or political subdivisions, the agreement is not required to be secured in such a manner.
κ1999 Statutes of Nevada, Page 1224 (CHAPTER 293, AB 252)κ
of the right to use the water is the Federal Government or one of its agencies, or the State of Nevada or one of its agencies or political subdivisions, the agreement is not required to be secured in such a manner.
________
Assembly Bill No. 253Committee on Commerce and Labor
CHAPTER 294
AN ACT relating to industrial insurance; removing the limitation on the payment of a death benefit for the transportation of the remains of a deceased employee beyond the continental limits of the United States; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616C.505 is hereby amended to read as follows:
616C.505 If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, the compensation is known as a death benefit, and is payable as follows:
1. In addition to any other compensation payable pursuant to chapters 616A to 616D, inclusive, of NRS, burial expenses are payable in an amount not to exceed $5,000. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer . [if the transportation is not beyond the continental limits of the United States.]
2. To the surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage is payable until his death or remarriage, with 2 years compensation payable in one lump sum upon remarriage.
3. In the event of the subsequent death of the surviving spouse:
(a) Each surviving child of the deceased employee must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest child reaches the age of 18 years.
(b) Except as otherwise provided in subsection 11, if the children have a guardian, the compensation they are entitled to receive may be paid to the guardian.
4. Upon the remarriage of a surviving spouse with children:
(a) The surviving spouse must be paid 2 years compensation in one lump sum and further benefits must cease; and
(b) Each child must be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.
5. If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his proportionate share of 66 2/3 percent of the average monthly wage for his support.
κ1999 Statutes of Nevada, Page 1225 (CHAPTER 294, AB 253)κ
6. Except as otherwise provided in subsection 7, if there is no surviving spouse or child under the age of 18 years, there must be paid:
(a) To a parent, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, 33 1/3 percent of the average monthly wage.
(b) To both parents, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, 66 2/3 percent of the average monthly wage.
(c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage.
7. The aggregate compensation payable pursuant to subsection 6 must not exceed 66 2/3 percent of the average monthly wage.
8. In all other cases involving a question of total or partial dependency:
(a) The extent of the dependency must be determined in accordance with the facts existing at the time of the injury.
(b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.
(c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months.
9. Compensation payable to a surviving spouse is for the use and benefit of the surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
10. In the event of the death of any dependent specified in this section before the expiration of the time during which compensation is payable to him, funeral expenses are payable in an amount not to exceed $5,000.
11. If a dependent is entitled to receive a death benefit pursuant to this section and is less than 18 years of age or incompetent, the legal representative of the dependent shall petition for a guardian to be appointed for that dependent pursuant to NRS 159.044. An insurer shall not pay any compensation in excess of $3,000, other than burial expenses, to the dependent until a guardian is appointed and legally qualified. Upon receipt of a certified letter of guardianship, the insurer shall make all payments required by this section to the guardian of the dependent until the dependent is emancipated, the guardianship terminates or the dependent reaches the age of 18 [,] years, whichever occurs first, unless paragraph (a) of subsection 12 is applicable. The fees and costs related to the guardianship must be paid from the estate of the dependent. A guardianship established pursuant to this subsection must be administered in accordance with chapter 159 of NRS, except that after the first annual review required pursuant to NRS 159.176, a court may elect not to review the guardianship annually. The court shall review the guardianship at least once every 3 years. As used in this subsection, incompetent has the meaning ascribed to it in NRS 159.019.
κ1999 Statutes of Nevada, Page 1226 (CHAPTER 294, AB 253)κ
review the guardianship at least once every 3 years. As used in this subsection, incompetent has the meaning ascribed to it in NRS 159.019.
12. Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his proportionate share of compensation pursuant to this section ceases when he dies, marries or reaches the age of 18 years. A child is entitled to continue to receive compensation pursuant to this section if he is:
(a) Over 18 years of age and incapable of supporting himself, until such time as he becomes capable of supporting himself; or
(b) Over 18 years of age and enrolled as a full-time student in an accredited vocational or educational institution, until he reaches the age of 22 years.
13. As used in this section, surviving spouse means a surviving husband or wife who was married to the employee at the time of the employees death.
Sec. 2. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 296Assemblyman Carpenter
CHAPTER 295
AN ACT relating to wildlife; requiring the board of wildlife commissioners to make certain revisions to the criteria for the issuance of special incentive elk tags; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 502.142 is hereby amended to read as follows:
502.142 1. The commission shall adopt regulations to establish a program pursuant to which the division will issue special incentive elk tags. The regulations must:
(a) Set forth the application and annual review processes for the issuance of special incentive elk tags.
(b) Require that an application for a special incentive elk tag must be accompanied by:
(1) The fee charged for an elk tag pursuant to NRS 502.250; and
(2) Any administrative fee charged in connection with the issuance of an elk tag pursuant to this chapter.
(c) Provide for the issuance of a special incentive elk tag only to a person who:
(1) Lawfully owns, leases or manages private land within an actual elk use area; and
(2) If that private land blocks reasonable access to adjacent public land, provides reasonable access through the private land to allow a person or hunting party possessing a valid elk tag to hunt elk on the adjacent public land.
κ1999 Statutes of Nevada, Page 1227 (CHAPTER 295, AB 296)κ
(d) Establish criteria for the issuance of special incentive elk tags based upon:
(1) The [percentage of private land controlled by the applicant;
(2) The portion of the population of elk above the target level for elk established by the land management agency; and
(3)] number of elk using private land controlled by the applicant;
(2) The number of days the elk use private lands of the applicant in a calendar year;
(3) The total number of elk; and
(4) Limiting the number of special incentive elk tags issued in each calendar year to not more than one-half of the bull elk tags issued in that calendar year,
within the actual elk use area in the unit or units of the management area or areas in which the private land is located.
(e) Provide that special incentive elk tags are valid for both sexes of elk.
(f) Prohibit a person who has, within a particular calendar year, applied for or received compensation pursuant to NRS 504.165 as reimbursement for damage caused by elk to private land from applying, within the same calendar year, for a special incentive elk tag for the same private land.
(g) Allow a group of owners, lessees and managers of private land to qualify for a special incentive elk tag for their combined lands.
(h) Ensure that the issuance of special incentive elk tags will not result in the number of bull elk tags issued in any year being reduced to a number below the quota for bull elk tags established by the commission for 1997.
(i) Provide that a person to whom a special incentive elk tag is issued by the commission pursuant to this section may:
(1) If he holds a valid hunting license issued by this state, use the special incentive elk tag himself; or
(2) Sell the special incentive elk tag to another person who holds a valid hunting license issued by this state at any price upon which the parties mutually agree.
(j) Require that a person who is issued a special incentive elk tag must hunt:
(1) During the open season for elk.
(2) In the unit or units within the management area or areas in which the private land is located.
(k) Provide for the appointment of an arbitration panel to resolve disputes between persons who apply for special incentive elk tags and the division regarding the issuance of such tags.
2. As used in this section, actual elk use area means an area in which elk live, as identified and designated by the division.
________
κ1999 Statutes of Nevada, Page 1228κ
Assembly Bill No. 397Assemblymen Goldwater, Buckley, Thomas, Segerblom, Gibbons, Neighbors, Perkins, Giunchigliani, Williams, Parks, Collins, Manendo, Ohrenschall, Price, Evans, Leslie, Koivisto, Parnell, McClain, Claborn and Bache
CHAPTER 296
AN ACT relating to tenancies; prohibiting a landlord from terminating a tenancy in violation of provisions governing discrimination in housing; revising certain rights and obligations of landlords and tenants; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118 of NRS is hereby amended by adding thereto a new section to read as follows:
A tenant has a defense in a summary proceeding or other action for possession of a dwelling if the landlords attempt to terminate the tenancy or regain possession violates any provision of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq.
Sec. 2. NRS 118.030 is hereby amended to read as follows:
118.030 As used in NRS 118.010 to 118.120, inclusive, [except where] and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 118.040 to 118.090, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 118A.180 is hereby amended to read as follows:
118A.180 1. Except as provided in subsection 2, this chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit or premises located within this state.
2. This chapter does not apply to:
(a) A rental agreement subject to the provisions of chapter 118B of NRS;
(b) Low-rent housing programs operated by public housing authorities and established pursuant to [42 U.S.C. §§ 1401 et seq., as amended;] the United States Housing Act of 1937, 42 U.S.C. §§ 1437 et seq.;
(c) A person who owns and personally manages four or fewer dwelling units, except with respect to the provisions of NRS 118A.200, 118A.300, 118A.340, 118A.380, 118A.450 and 118A.460;
(d) Residence in an institution, public or private, incident to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(e) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or his successor in interest;
(f) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(g) Occupancy in a hotel or motel for less than 30 consecutive days unless the occupant clearly manifests an intent to remain for a longer continuous period;
κ1999 Statutes of Nevada, Page 1229 (CHAPTER 296, AB 397)κ
(h) Occupancy by an employee of a landlord whose right to occupancy is solely conditional upon employment in or about the premises;
(i) Occupancy by an owner of a condominium unit or by a holder of a proprietary lease in a cooperative apartment; or
(j) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
Sec. 4. NRS 118A.290 is hereby amended to read as follows:
118A.290 1. The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. A dwelling unit is not habitable if it substantially lacks:
(a) Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors.
(b) Plumbing facilities which conformed to applicable law when installed and which are maintained in good working order.
(c) A water supply approved under applicable law, which is:
(1) Under the control of the tenant or landlord and is capable of producing hot and cold running water;
(2) Furnished to appropriate fixtures; and
(3) Connected to a sewage disposal system approved under applicable law and maintained in good working order to the extent that the system can be controlled by the landlord.
(d) Adequate heating facilities which conformed to applicable law when installed and are maintained in good working order.
(e) Electrical lighting, outlets, wiring and electrical equipment which conformed to applicable law when installed and are maintained in good working order.
(f) An adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the commencement of the tenancy. The landlord shall arrange for the removal of garbage and rubbish from the premises unless the parties by written agreement provide otherwise.
(g) Building, grounds, appurtenances and all other areas under the landlords control at the time of the commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin.
(h) Floors, walls, ceilings, stairways and railings maintained in good repair.
(i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord.
2. The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:
(a) The agreement of the parties is entered into in good faith; and
(b) The agreement does not diminish the obligations of the landlord to other tenants in the premises.
3. An agreement pursuant to subsection 2 is not entered into in good faith if the landlord has a duty under subsection 1 to perform the specified repairs, maintenance tasks or minor remodeling and the tenant enters into the agreement because the landlord or his agent has refused to perform them.
κ1999 Statutes of Nevada, Page 1230 (CHAPTER 296, AB 397)κ
Sec. 5. NRS 118A.380 is hereby amended to read as follows:
118A.380 1. If the landlord is required by the rental agreement or this chapter to supply heat, air conditioning, running water, hot water, [electric,] electricity, gas, or [other] another essential service and he willfully or negligently fails to do so, causing the premises to become unfit for habitation, the tenant shall give written notice to the landlord specifying the breach. If the landlord does not adequately remedy the breach, or use his best efforts to remedy the breach within 48 hours, except a Saturday, Sunday or legal holiday, after it is received by the landlord, the tenant may, in addition to any other remedy:
(a) Procure reasonable amounts of such essential services during the landlords noncompliance and deduct their actual and reasonable cost from the rent;
(b) Recover actual damages, including damages based upon the lack of use of the premises or the diminution of the fair rental value of the dwelling unit; [or]
(c) Withhold any rent that becomes due during the landlords noncompliance without incurring late fees, charges for notice or any other charge or fee authorized by this chapter or the rental agreement, until the landlord has attempted in good faith to restore the essential services; or
(d) Procure other housing which is comparable during the landlords noncompliance, and the rent for the original premises fully abates during this period. The tenant may recover the actual and reasonable cost of that other housing which is in excess of the amount of rent which is abated.
2. If the tenant proceeds under this section, he may not proceed under NRS 118A.350 and 118A.360 as to that breach.
3. The rights of the tenant under this section do not arise until he has given written notice as required by subsection 1, except that the tenant may, without having given that notice, recover damages as authorized under paragraph (b) of subsection 1 if the landlord:
(a) Admits to the court that he had knowledge of the lack of such essential services; or
(b) Has received written notice of the uninhabitable condition caused by such a lack from a governmental agency authorized to inspect for violations of building, housing or health codes.
4. The rights of the tenant under paragraph (c) of subsection 1 do not arise unless the tenant is current in the payment of rent at the time of giving written notice pursuant to subsection 1.
5. If such a condition was caused by the deliberate or negligent act or omission of the tenant, a member of his household or other person on the premises with his consent, the tenant has no rights under this section.
Sec. 6. NRS 118A.510 is hereby amended to read as follows:
118A.510 1. Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if:
κ1999 Statutes of Nevada, Page 1231 (CHAPTER 296, AB 397)κ
(a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of that code;
(b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation [under] of this chapter [;] or of a specific statute that imposes a criminal penalty;
(c) The tenant has organized or become a member of a tenants union or similar organization;
(d) A citation has been issued resulting from a complaint described in paragraph (a);
(e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in which he raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units; [or]
(f) The tenant has failed or refused to give written consent to a regulation adopted by the landlord, after the tenant enters into the rental agreement, which requires the landlord to wait until the appropriate time has elapsed before it is enforceable against the tenant [.] ; or
(g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., or has otherwise exercised rights which are guaranteed or protected under those laws.
2. If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.
3. A landlord who acts under the circumstances described in subsection 1 does not violate that subsection if:
(a) The violation of the applicable building, housing or health code of which the tenant complained was caused primarily by the lack of reasonable care by the tenant, a member of his household or other person on the premises with his consent;
(b) The tenancy is terminated with cause;
(c) A citation has been issued and compliance with the applicable building, housing or health code requires alteration, remodeling or demolition and cannot be accomplished unless the tenants dwelling unit is vacant; or
(d) The increase in rent applies in a uniform manner to all tenants.
The maintenance of an action under this subsection does not prevent the tenant from seeking damages or injunctive relief for the landlords failure to comply with the rental agreement or maintain the dwelling unit in a habitable condition as required by this chapter.
________
κ1999 Statutes of Nevada, Page 1232κ
Assembly Bill No. 423Assemblymen Freeman, Gibbons, Humke, Leslie and Evans
CHAPTER 297
AN ACT relating to taxation; exempting certain property acquired by the Nevada Land Conservancy and the American Land Conservancy from property taxes; revising the provisions governing the requirements for such exemptions; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.111 is hereby amended to read as follows:
361.111 1. [All] Except as otherwise provided in subsections 2 and 3, all real property and improvements thereon acquired by the Nature Conservancy , American Land Conservancy or Nevada Land Conservancy and held for ultimate acquisition by the state or a local governmental unit are exempt from taxation [except as otherwise provided in subsections 2 and 3.] if:
(a) The state or a local governmental unit has agreed, in writing, that acquisition of the property will be given serious consideration; and
(b) For property for which the state has given the statement required by paragraph (a), the governing body of the county in which the property is located has approved the potential acquisition of the property by the state.
2. When the Nature Conservancy , American Land Conservancy or Nevada Land Conservancy transfers property it has held for purposes of conservation to any person, partnership, association, corporation or entity other than the state or a local governmental unit, the property must be assessed at the rate set for first-class pasture by the Nevada tax commission for each year it was exempt pursuant to subsection 1 and the taxes must be collected as other taxes under this chapter are collected.
3. When the Nature Conservancy , American Land Conservancy or Nevada Land Conservancy transfers property it has held for purposes other than conservation to any person, partnership, association, corporation or entity other than the state or a local governmental unit, the tax imposed by this chapter must be assessed against the property for each year it was exempt pursuant to subsection 1 and collected in the manner provided in this chapter.
4. The Nevada tax commission shall adopt regulations specifying the criteria for determining when property has been held by the Nature Conservancy , American Land Conservancy or Nevada Land Conservancy for purposes of conservation.
Sec. 2. NRS 361A.286 is hereby amended to read as follows:
361A.286 1. The deferred tax and penalty assessed pursuant to NRS 361A.280 and 361A.283 are a perpetual lien until paid as provided in NRS 361.450. If the property continues to be used exclusively for agricultural use or approved open-space use for 7 fiscal years after the date of attachment, the lien for that earliest year expires. The lien is for an undetermined amount until the property is converted and the amount is determined pursuant to NRS 361A.280.
κ1999 Statutes of Nevada, Page 1233 (CHAPTER 297, AB 423)κ
361A.280. Any liens calculated and recorded before July 1, 1989, for property that had not been converted shall be deemed to have expired on that date.
2. If agricultural or open-space real property receiving agricultural or open-space use assessment is sold or transferred to an ownership making it exempt from taxation ad valorem, any such liens for deferred taxes must be canceled, except for such liens on property acquired by the Nature Conservancy [.] , American Land Conservancy or Nevada Land Conservancy.
3. The provisions of this section do not apply to any portion of agricultural or open-space real property if the deferred tax and any penalty have been paid pursuant to NRS 361A.265.
4. Each year, the county assessor must record a list of parcel numbers and owners names for all parcels on which a lien exists pursuant to subsection 1.
Sec. 3. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 467Assemblymen Goldwater, Buckley, Koivisto and Perkins
Joint Sponsors: Senators Carlton, Coffin, James, Porter, Schneider, Shaffer and Titus
CHAPTER 298
AN ACT relating to unarmed combat; requiring the Nevada athletic commission to keep certain information confidential; authorizing the commission to grant limited, restricted or conditional licenses; revising the provisions relating to applications for licenses; authorizing the commission to take disciplinary actions against certain persons; revising the powers of the commission relating to hearings; prohibiting perjury; providing a penalty; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 467 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the commission shall keep confidential:
(a) Any information that it receives concerning an applicant for the issuance of a license pursuant to this chapter which is declared confidential by law and that is provided to the commission by another governmental entity; and
(b) Any information contained in a medical record of such an applicant, if the information is not relevant to the commission in determining whether to grant a license to the applicant.
2. The commission shall reveal the information set forth in subsection 1:
(a) Upon the lawful order of a court of competent jurisdiction;
κ1999 Statutes of Nevada, Page 1234 (CHAPTER 298, AB 467)κ
(b) To any person upon the request of the person who is the subject of the information; and
(c) In the course of the necessary administration of this chapter.
3. A person seeking an order of a court of competent jurisdiction for the disclosure of information described in subsection 1 must submit a motion in writing to the court requesting the information. At least 10 days before submitting the motion, the person must provide notice to the commission, the attorney general and all persons who may be affected by the disclosure of the information. Such notice must:
(a) Include, without limitation, a copy of the motion and all documents in support of the motion that are to be filed with the court; and
(b) Be delivered in person or by certified mail to the last known address of each person to whom notice must be provided.
Sec. 2. NRS 467.100 is hereby amended to read as follows:
467.100 1. All contestants, promoters, managers, seconds, trainers and ring officials must be licensed by the commission. No person may participate, directly or indirectly, in any professional contest or exhibition of unarmed combat unless he has first procured a license from the commission.
2. The commission may deny an application for a license or grant a limited, restricted or conditional license for any cause deemed sufficient by the commission.
3. An application for a license constitutes a request for a determination of the applicants general suitability, character, integrity, and ability to participate or engage in, or be associated with contests or exhibitions of unarmed combat. The burden of proof is on the applicant to establish to the satisfaction of the commission that the applicant is qualified to receive a license. By filing an application with the commission, an applicant accepts the risk of adverse public notice, embarrassment, criticism, financial loss or other action with respect to his application, and expressly waives any claim for damages as a result thereof. Any written or oral statement that is made by any member of the commission or any witness testifying under oath which is relevant to the application and investigation of the applicant is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in a civil action.
4. After an application has been submitted to the commission, the application may not be withdrawn unless the commission consents to the withdrawal.
5. The commission shall fix a uniform scale of license fees.
[3.] 6. In addition to the license fees required by subsection [2,] 5, the commission may require an applicant for a license to:
(a) Pay the costs of the proceedings associated with the issuance of the license, including , without limitation, investigative costs and attorneys fees; and
(b) Deposit with the commission such an amount of money as the commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including , without limitation, investigative costs and attorneys fees, the commission shall refund the excess amount to the applicant upon the completion of the proceedings.
κ1999 Statutes of Nevada, Page 1235 (CHAPTER 298, AB 467)κ
[4.] 7. It is a violation of this chapter for any person to participate, directly or indirectly, as stated in subsection 1, unless he has been granted a license therefor.
Sec. 3. NRS 467.110 is hereby amended to read as follows:
467.110 1. The commission may suspend or revoke the license of, otherwise discipline, or take any combination of such actions against any contestant, promoter, ring official or other participant who, in the judgment of the commission:
(a) Enters into a contract for a contest or exhibition of unarmed combat in bad faith;
(b) Participates in any sham or fake contest or exhibition of unarmed combat;
(c) Participates in a contest or exhibition of unarmed combat pursuant to a collusive understanding or agreement in which the contestant competes in or terminates the contest or exhibition in a manner that is not based upon honest competition or the honest exhibition of the skill of the contestant;
(d) Is guilty of a failure to give his best efforts, a failure to compete honestly or a failure to give an honest exhibition of his skills in a contest or exhibition of unarmed combat; [or]
(e) Is guilty of an act or conduct that is detrimental to a contest or exhibition of unarmed combat, including, but not limited to, any foul or unsportsmanlike conduct in connection with a contest or exhibition of unarmed combat [.] ; or
(f) Fails to comply with any limitation, restriction or condition placed on his license.
2. The commission may refuse to issue a license to an applicant who has committed any of the acts described in subsection 1.
Sec. 4. NRS 467.115 is hereby amended to read as follows:
467.115 1. The commission, or a quorum of three members thereof, may [issue subpoenas in connection with investigations requiring] :
(a) Issue subpoenas to require the attendance and testimony of [or the production of books and papers by any] a licensee or other person whom the commission believes to have information [, books or papers] of importance to [it in making the investigation.] the committee;
(b) Issue subpoenas duces tecum to require the production of books and papers by a licensee or other person whom the commission believes to have books or papers of importance to the commission;
(c) Administer oaths and require testimony under oath;
(d) Appoint hearing examiners who may administer oaths and receive evidence and testimony under oath; and
(e) Pay such transportation and other expenses of witnesses as it may deem reasonable and proper.
2. Service of process or notice required pursuant to this section must be served in the manner provided for service of process and notices in civil actions.
3. A person making false oath in a matter before the commission or a hearing examiner is guilty of perjury which is a category D felony and shall be punished as provided in NRS 193.130.
κ1999 Statutes of Nevada, Page 1236 (CHAPTER 298, AB 467)κ
Sec. 5. The amendatory provisions of this act do not apply to offenses that were committed before the effective date of this act.
Sec. 6. This act becomes effective upon passage and approval.
________
Assembly Bill No. 469Assemblyman Goldwater
CHAPTER 299
AN ACT relating to trusts; enlarging the class of permitted beneficiaries of a spendthrift trust; enlarging the category of spendthrift trusts to which the law of this state applies; providing a limitation of actions; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 166 of NRS is hereby amended by adding thereto a new section to read as follows:
A person may not bring an action with respect to a transfer of property to a spendthrift trust:
1. If he is a creditor when the transfer is made, unless the action is commenced within:
(a) Two years after the transfer is made; or
(b) Six months after he discovers or reasonably should have discovered the transfer,
whichever is later.
2. If he becomes a creditor after the transfer is made, unless the action is commenced within 2 years after the transfer is made.
Sec. 2. NRS 166.040 is hereby amended to read as follows:
166.040 1. Any person competent by law to execute a will or deed may, by writing only, duly executed, by will, conveyance or other writing, create a spendthrift trust in real, personal or mixed property for [any other person or persons.] the benefit of:
(a) A person other than the settlor;
(b) The settlor if the writing is irrevocable, does not require that any part of the income or principal of the trust be distributed to the settlor, and was not intended to hinder, delay or defraud known creditors; or
(c) Both the settlor and another person if the writing meets the requirements of paragraph (b).
2. For the purposes of this section, a writing:
(a) Is irrevocable even if the settlor may prevent a distribution from the trust or holds a testamentary special power of appointment or similar power.
(b) Does not require a distribution to the settlor if he may receive it only in the discretion of another person.
Sec. 3. NRS 166.060 is hereby amended to read as follows:
166.060 1. Unless the writing [shall declare] declares to the contrary, expressly, this chapter [shall govern] governs the construction, operation and enforcement, in this state, of all spendthrift trusts [wheresoever created, when:
κ1999 Statutes of Nevada, Page 1237 (CHAPTER 299, AB 469)κ
enforcement, in this state, of all spendthrift trusts [wheresoever created, when:
(a) The] created in or outside this state if:
(a) All or part of the land, rents, issues or profits affected are in this state;
(b) [The] All or part of the personal property, interest of money, dividends upon stock and other produce thereof, affected, are in this state; [or]
(c) The declared domicile of the creator of a spendthrift trust affecting [such] personal property is in this state [.] ; or
(d) At least one trustee qualified under subsection 2 has powers that include maintaining records and preparing income tax returns for the trust, and all or part of the administration of the trust is performed in this state.
2. If the settlor is a beneficiary of the trust, at least one trustee of a spendthrift trust must be:
(a) A natural person who resides and has his domicile in this state;
(b) A trust company that:
(1) Is organized under federal law or under the laws of this state or another state; and
(2) Maintains an office in this state for the transaction of business; or
(c) A bank that:
(1) Is organized under federal law or under the laws of this state or another state;
(2) Maintains an office in this state for the transaction of business; and
(3) Possesses and exercises trust powers.
3. Except as [stated] otherwise provided in subsection 1, this chapter [shall also govern] also governs the construction, operation and enforcement, outside of this state, of all spendthrift trusts created in this state, except so far as prohibited by valid laws of other states. Unless the writing [of trust shall declare] declares to the contrary, expressly, it shall be deemed to be made in the light of this chapter and all other acts relating to spendthrift trusts enacted in this state.
Sec. 4. NRS 166.140 is hereby amended to read as follows:
166.140 A spendthrift trust [shall] may not continue for a period longer than [the life or lives of specified persons in being at the time of its creation and for 21 years after the death of the survivor of them.] that allowed under NRS 111.103 to 111.1039, inclusive. The free alienation of the legal estate by the trustee [shall] may not be suspended for a period exceeding the limit prescribed in any constitutional or statutory prohibition against perpetuities existing in this state or in the state where the lands affected by the trust are situate , [;] but a contingent remainder in fee may be created on a prior remainder in fee, to take effect [in the event that] if the persons to whom the first remainder is limited die under the age of 21 years, or upon any other contingency by which the estate of [such] those persons may be determined before they attain [their full] that age.
κ1999 Statutes of Nevada, Page 1238 (CHAPTER 299, AB 469)κ
Sec. 5. NRS 11.190 is hereby amended to read as follows:
11.190 Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term livestock, which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.
(d) Except as otherwise provided in NRS 112.230 [,] and section 1 of this act, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.
(e) An action pursuant to NRS 40.750 for damages sustained by a financial institution because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution of the facts constituting the concealment or false statement.
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the state, or both, except when the statute imposing it prescribes a different limitation.
κ1999 Statutes of Nevada, Page 1239 (CHAPTER 299, AB 469)κ
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
Sec. 6. NRS 112.230 is hereby amended to read as follows:
112.230 [A] Except as otherwise provided in section 1 of this act, a claim for relief with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought:
1. Under paragraph (a) of subsection 1 of NRS 112.180, within 4 years after the transfer was made or the obligation was incurred or, if later, within 1 year after the transfer or obligation was or could reasonably have been discovered by the claimant;
2. Under paragraph (b) of subsection 1 of NRS 112.180 or subsection 1 of NRS 112.190, within 4 years after the transfer was made or the obligation was incurred; or
3. Under subsection 2 of NRS 112.190, within 1 year after the transfer was made or the obligation was incurred.
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κ1999 Statutes of Nevada, Page 1240κ
Assembly Bill No. 490Assemblymen Hettrick, de Braga, Carpenter, Dini and Parnell
CHAPTER 300
AN ACT relating to navigable rivers; requiring the division of state lands and the division of environmental protection of the state department of conservation and natural resources to refund under certain circumstances fees paid by governmental entities to obtain a permit to conduct channel clearance of rivers; revising provisions governing the account for the channel clearance, maintenance, restoration, surveying and monumenting program; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 532.220 is hereby amended to read as follows:
532.220 1. The channel clearance, maintenance, restoration, surveying and monumenting program is hereby established and must be administered by the state engineer.
2. This program is to aid local governments in this state in the clearance, maintenance, restoration, surveying and monumenting of navigable rivers.
3. Any incorporated city, county or other political subdivision of this state may apply to the state engineer for a grant under this program if the incorporated city, county or other political subdivision requesting the money agrees to match the state grant equally.
4. The state, its departments, divisions and agencies, an incorporated city, a county and all other political subdivisions of this state, and their employees and agents, are immune from civil liability for damages caused by an alteration or disturbance of a riverbed or flooding sustained as a result of any act or omission by an employee or agent in clearing or causing to be cleared, maintaining or restoring a channel of a river pursuant to this section if the channel is cleared, maintained or restored pursuant to a permit granted by the division of state lands of the state department of conservation and natural resources and such other permits and approvals as are required by law.
5. The division of state lands and the division of environmental protection of the state department of conservation and natural resources shall refund the application or permit fees, if any, paid by a governmental entity to apply for a state permit to perform channel clearance, maintenance, restoration, surveying and monumenting if:
(a) The governmental entity applies for the applicable permits from the division of state lands and from the division of environmental protection of the state department of conservation and natural resources;
(b) The governmental entity obtains all other permits and approvals as are required by law;
(c) The governmental entity applies for a grant pursuant to subsection 3; and
(d) The grant is denied for lack of money in the account after:
(1) The state engineer requests an allocation from the contingency fund pursuant to subsection 4 of NRS 532.230; and
κ1999 Statutes of Nevada, Page 1241 (CHAPTER 300, AB 490)κ
(2) An allocation from the contingency fund is not made within 90 days after the request is made.
6. A state permit must not be denied for lack of money in the account for the channel clearance, maintenance, restoration, surveying and monumenting program.
7. As used in this section, navigable river means a river or stream that is used, or is susceptible of being used, in its ordinary condition for trade or travel in the customary modes of trade or travel on rivers or streams.
Sec. 2. NRS 532.230 is hereby amended to read as follows:
532.230 1. The account for the channel clearance, maintenance, restoration, surveying and monumenting program is hereby created in the state general fund.
2. The money in the account must be administered by the state engineer and must be expended only to aid local governments in the manner provided in NRS 532.220.
3. If the balance in the account is below $250,000, the state engineer may request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.
4. If the balance in the account is not sufficient to provide a grant of money to an incorporated city, a county or a political subdivision of this state, the state engineer shall request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.
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Assembly Bill No. 626Committee on Government Affairs
CHAPTER 301
AN ACT relating to emergency management; expanding the authority of the division of emergency management of the department of motor vehicles and public safety, the governor and local organizations of emergency management to respond to emergencies and disasters; authorizing the governor and the legislature to declare disasters; revising the composition of the board of search and rescue; requiring the coordinator of search and rescue to be an employee of the division of emergency management; expanding the membership of the committee on training in search and rescue; transferring the responsibility to administer the emergency assistance account within the disaster relief fund from the state emergency response commission to the division of emergency management; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 414 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Disaster means an occurrence or threatened occurrence for which, in the determination of the governor, the assistance of the Federal Government is needed to supplement the efforts and capabilities of state agencies to save lives, protect property and protect the health and safety of persons in this state, or to avert the threat of damage to property or injury to or the death of persons in this state.
κ1999 Statutes of Nevada, Page 1242 (CHAPTER 301, AB 626)κ
Sec. 3. Emergency means an occurrence or threatened occurrence for which, in the determination of the governor, the assistance of state agencies is needed to supplement the efforts and capabilities of political subdivisions to save lives, protect property and protect the health and safety of persons in this state, or to avert the threat of damage to property or injury to or the death of persons in this state.
Sec. 4. NRS 414.020 is hereby amended to read as follows:
414.020 1. Because of the existing and increasing possibility of the occurrence of emergencies or disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, [or] from a fire, flood, earthquake, storm, or other natural causes, or from technological or man-made catastrophes, and in order to ensure that the preparations of this state will be adequate to deal with such emergencies or disasters, and generally to provide for the common defense and to protect the public [peace, health, and safety,] welfare, and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:
(a) To create a state agency for emergency management and to authorize the creation of local organizations for emergency management in the political subdivisions of the state.
(b) To confer upon the governor and upon the executive heads or governing bodies of the political subdivisions of the state the emergency powers provided in this chapter.
(c) To [provide for] assist with the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the Federal Government with respect to [the] carrying out [of] the functions of emergency management.
2. It is further declared to be the purpose of this chapter and the policy of the state that all functions of emergency management in this state be coordinated to the maximum extent with the comparable functions of the Federal Government , including its various departments and agencies, of other states and localities [,] and of private agencies of every type, [to the end that] providing for the most effective preparation and use [may be made] of the nations man power, resources and facilities for dealing with any emergency or disaster that may occur.
Sec. 5. NRS 414.035 is hereby amended to read as follows:
414.035 Emergency management means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to [prevent,] minimize injury and repair [injury and] damage resulting from emergencies or disasters caused by enemy attack, sabotage or other hostile action, [or] by fire, flood, earthquake , storm, or other natural causes [.] , or by technological or man-made catastrophes. These functions include [fire fighting, police services, medical and health services, searches, rescues, engineering, air raid warning services, communications, radiological, chemical and other special weapons of defense, evacuation of persons from stricken areas, emergency welfare services (civilian war aid), emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.]
κ1999 Statutes of Nevada, Page 1243 (CHAPTER 301, AB 626)κ
other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.] , without limitation:
1. The provision of support for search and rescue operations for persons and property in distress.
2. Organized analysis, planning and coordination of available resources for the mitigation of, preparation for, response to or recovery from emergencies or disasters.
Sec. 6. NRS 414.040 is hereby amended to read as follows:
414.040 1. A division of emergency management is hereby created within the department of motor vehicles and public safety. The chief of the division is appointed by and holds office at the pleasure of the director of the department of motor vehicles and public safety. The division is the state agency for emergency management and the state agency for civil defense [and the] for the purposes of the compact ratified by the legislature pursuant to NRS 415.010. The chief is the states director of [civil defense.] emergency management and the states director of civil defense for the purposes of that compact.
2. The chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other money made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
3. The chief, subject to the direction and control of the director, shall carry out the program for emergency management in this state. He shall coordinate the activities of all organizations for emergency management within the state, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the director.
4. The chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies [.] or disasters. In adopting this process, he shall conduct activities designed to:
(a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;
(b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency or disaster occurs by fostering the adoption of plans for emergency operations, [the training of] conducting exercises to test those plans, training necessary personnel and [the acquisition of] acquiring necessary resources;
(c) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;
(d) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and
κ1999 Statutes of Nevada, Page 1244 (CHAPTER 301, AB 626)κ
(e) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.
Sec. 7. NRS 414.060 is hereby amended to read as follows:
414.060 1. The governor is responsible for [the] carrying out [of] the provisions of this chapter, and in the event of an emergency or disaster beyond local control , may assume direct operational control over all or any part of the functions of emergency management within this state.
2. In performing his duties under this chapter, the governor may cooperate with the Federal Government, with other states, and with private agencies in all matters pertaining to emergency management in this state and the nation.
3. In performing his duties under this chapter and to effect its policy and purpose, the governor may:
(a) Make, amend and rescind the necessary orders and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him in this chapter, with due consideration of the plans [of] provided by the Federal Government.
(b) Prepare a comprehensive state emergency management plan and develop a program for emergency management in this state to be integrated into and coordinated with the plans of the Federal Government and of other states for emergency management to the fullest possible extent, and coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state to be integrated into and coordinated with the plan and program of this state to the fullest possible extent.
(c) In accordance with the plan and program for the emergency management in this state, procure supplies and equipment, institute planning, training and exercise programs [and] , carry out public information programs, and take all other preparatory steps, including the partial or full mobilization of organizations for emergency management in advance of an actual emergency or disaster, to ensure the [furnishing] availability of adequately trained and equipped forces in time of need.
(d) Make such studies and surveys of [the] industries, resources and facilities in this state as may be necessary to ascertain the capabilities of the state for emergency management and plan for the most efficient [emergency] use thereof.
(e) On behalf of this state, enter into mutual aid [arrangements] agreements with other states and coordinate mutual aid plans between political subdivisions of this state.
(f) Delegate any administrative authority vested in him under this chapter, and provide for the subdelegation of any such authority.
(g) Cooperate with the President of the United States and the heads of the Armed Forces, the agency of the United States for emergency management and other appropriate federal officers and agencies, and with the officers and agencies of other states in matters pertaining to emergency management in the state and nation, including the direction or control of:
(1) [Black outs and practice black outs, air raid drills, mobilization of] Mobilizing forces for emergency management and other tests and exercises.
κ1999 Statutes of Nevada, Page 1245 (CHAPTER 301, AB 626)κ
(2) [Warnings and signals for drills or attacks and the mechanical] Mechanical devices to be used in connection [therewith.] with warnings and signals for emergencies or disasters.
(3) The effective screening or extinguishing of all lights and lighting devices and appliances.
(4) [Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services.] Coordinating the efforts of all public utilities in terminating and restoring service to the general public during an emergency or disaster.
(5) The conduct of [civilians] the general public and the movement and cessation of movement of pedestrians and vehicular traffic during, before and after [drills or attack.] exercises or an emergency or disaster.
(6) Public meetings or gatherings.
(7) The evacuation and reception of the [civilian population.] general public during an attack or an emergency or disaster.
Sec. 8. NRS 414.070 is hereby amended to read as follows:
414.070 The provisions of this section are operative only during the existence of a state of emergency [.] or declaration of disaster. The existence of such an emergency or disaster may be proclaimed by the governor or by resolution of the legislature if the governor in his proclamation, or the legislature in its resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural , technological or man-made emergency or disaster of major proportions has actually occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. Any such emergency [,] or disaster, whether proclaimed by the governor or by the legislature, terminates upon the proclamation of the termination thereof by the governor, or the passage by the legislature of a resolution terminating the emergency [.] or disaster. During the period when [the] a state of emergency or declaration of disaster exists or continues, the governor may exercise the following additional [emergency] powers:
1. To enforce all laws and regulations relating to emergency management and to assume direct operational control of any or all forces [and helpers] , including, without limitation, volunteers and auxiliary staff for emergency management in the state.
2. To sell, lend, lease, give, transfer or deliver materials or perform services for the purpose of emergency management on such terms and conditions as the governor prescribes and without regard to the limitations of any existing law, and to account to the state treasurer for any funds received for such property.
3. To procure, by purchase, condemnation, seizure or other means, construct, lease, transport, store, maintain, renovate or distribute materials and facilities for emergency management without regard to the limitations of any existing law. He shall make compensation for the property so seized, taken or condemned on the following basis:
(a) [In case] If property is taken for temporary use, the governor, within 90 days [of] after the taking, shall fix the amount of compensation to be paid therefor. If the property is returned to the owner in a damaged condition, or is not returned to the owner, the governor shall fix within 90 days the amount of compensation to be paid for the damage or failure to return [.] the property.
κ1999 Statutes of Nevada, Page 1246 (CHAPTER 301, AB 626)κ
compensation to be paid for the damage or failure to return [.] the property. Whenever the governor deems it advisable for the state to take title to property taken under this section, he shall forthwith cause the owner of such property to be notified thereof in writing by registered or certified mail, postage prepaid, or by the best means available, and forthwith cause to be filed a copy of the notice with the secretary of state.
(b) Within the 90-day period prescribed in paragraph (a) , the governor shall make an offer in writing to the person or persons entitled to receive it of the amount of money proposed to be paid as full compensation. If the offer is accepted , [then] the money must be paid out of such fund, funds or [such] other sources as are available and no further action either in law or in equity may ever be maintained in connection therewith. If [such] the offer of payment is refused , [then] the person or persons entitled thereto have the same rights as plaintiffs in actions of eminent domain insofar as the fixing of damages and compensation is concerned, NRS 37.060, 37.070, 37.080 and 37.090, so far as applicable, apply, and proceedings must be had in conformity therewith so far as possible. Such action must be commenced within 1 year after the receipt of the offer of settlement from the governor.
4. To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the state and to take such steps as are necessary for the receipt and care of those persons.
5. Subject to the provisions of the state constitution, to remove from office any public officer having administrative responsibilities under this chapter for willful failure to obey an order or regulation adopted pursuant to this chapter. Such removal must be upon charges after service upon the officer of a copy of the charges and after giving him an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the governor may suspend the officer for a period not exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section must be filled as provided by law.
6. To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.
Sec. 9. NRS 414.090 is hereby amended to read as follows:
414.090 1. Each political subdivision of this state may establish a local organization for emergency management in accordance with the [states] state emergency management plan and program for emergency management. Such a political subdivision may confer or authorize the conferring upon members of the auxiliary police the powers of police officers, subject to such restrictions as it imposes. Each local organization for emergency management must have a director who must be appointed by the executive officer or governing body of the political subdivision, and who has direct responsibility for the organization, administration and operation of the local organization for emergency management subject to the direction and control of the executive officer or governing body. Each local organization for emergency management shall perform functions of emergency management within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of NRS 414.100.
κ1999 Statutes of Nevada, Page 1247 (CHAPTER 301, AB 626)κ
2. In carrying out the provisions of this chapter , each political subdivision in which any emergency or disaster described in NRS 414.020 occurs may enter into contracts and incur obligations necessary to combat such [a disaster, protecting] an emergency or disaster, protect the health and safety of persons and property [, and providing] and provide emergency assistance to the victims of such [a] an emergency or disaster. Each political subdivision may exercise the powers vested under this section in the light of the exigencies of the extreme emergency [situation] or disaster without regard to time-consuming procedures and formalities prescribed by law, except constitutional requirements, pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditure of public funds.
Sec. 10. NRS 414.100 is hereby amended to read as follows:
414.100 The director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed [arrangements] agreements for reciprocal aid and assistance in case of an emergency or disaster [too great to be dealt with unassisted. Such arrangements] for which the local organization requires such assistance. Such agreements must be consistent with the states [plan and program for] emergency management plan and program for emergency management, and in time of emergency or disaster each local organization for emergency management shall render assistance in accordance with the provisions of such [arrangements.] agreements.
Sec. 11. NRS 414.110 is hereby amended to read as follows:
414.110 1. All functions under this chapter and all other activities relating to emergency management are hereby declared to be governmental functions. Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivision thereof, nor except in cases of willful misconduct, gross negligence, or bad faith, any worker complying with or reasonably attempting to comply with this chapter, or any order or regulation [promulgated] adopted pursuant to the provisions of this chapter, or pursuant to any ordinance relating to [black out] any necessary emergency procedures or other precautionary measures enacted by any political subdivision of the state, is liable for the death of or injury to persons, or for damage to property, as a result of any such activity. The provisions of this section do not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, or under any pension law, nor the right of any such person to receive any benefits or compensation pursuant to any act of Congress.
2. Any requirement for a license to practice any professional, mechanical or other skill does not apply to any authorized worker who, in the course of performing his duties as such, practices that professional, mechanical or other skill during an emergency [.] or disaster.
κ1999 Statutes of Nevada, Page 1248 (CHAPTER 301, AB 626)κ
3. As used in this section, [the term] worker includes , without limitation, any full-time or part-time paid, volunteer or auxiliary employee of this state, of any political subdivision thereof, of other states, territories, possessions or the District of Columbia, of the Federal Government, of any neighboring country, or of any political subdivision thereof, or of any agency or organization, performing services for emergency management at any place in this state subject to the order or control of, or pursuant to a request of, the state government or any political subdivision thereof.
Sec. 12. NRS 414.120 is hereby amended to read as follows:
414.120 Any person owning or controlling real property or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real property or premises [for the purpose of sheltering] to shelter persons during an actual, impending, mock or practice attack [shall, together with] , or during an emergency, or disaster as described in NRS 414.020, and his successors in interest, if any, are not [be] civilly liable for negligently causing the death of, or injury to, any person on or about such real property or premises, or for loss of, or damage to, the property of such a person.
Sec. 13. NRS 414.135 is hereby amended to read as follows:
414.135 1. There is hereby created the emergency assistance account within the disaster relief fund created pursuant to NRS 353.2735. Beginning with the fiscal year that begins on July 1, 1999, the state controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the disaster relief fund to the account in an amount not to exceed $500,000.
2. The [state emergency response
commission] division
of emergency management of the department of motor vehicles and public safety
shall administer the account. The [commission] division may adopt regulations authorized by
this section before, on or after July 1, 1999.
3. All expenditures from the account must be
approved in advance by the [commission.] division. Except as
otherwise provided in subsection 4, all money in the account must be expended
solely to:
(a) Provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural , [or] technological or man-made emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy; and
(b) Pay any actual expenses incurred by the [commission] division for
administration during a natural ,
[or] technological or man-made emergency or disaster.
4. Beginning
with the fiscal year that begins on July 1, 1999, if any balance remains in the
account at the end of a fiscal year and the balance has not otherwise been
committed for expenditure, the [commission] division may, with the
approval of the interim finance committee, allocate all or any portion of the
remaining balance to this state or to a local government to:
(a) Purchase equipment or supplies required for emergency management; and
(b) Provide training to personnel related to emergency management.
κ1999 Statutes of Nevada, Page 1249 (CHAPTER 301, AB 626)κ
5. Beginning with the fiscal year that
begins on July 1, 1999, the [commission] division shall, at the end
of each quarter of a fiscal year, submit to the interim finance committee a
report of the expenditures made from the account for the previous quarter.
6. The [commission] division shall adopt such regulations as are
necessary to administer the account.
7. The [commission] division may adopt regulations to provide for
reimbursement of expenditures made from the account. If the [commission] division requires such
reimbursement, the attorney general shall take such action as is necessary to
recover the amount of any unpaid reimbursement plus interest at a rate
determined pursuant to NRS 17.130, computed from the date on which the money
was removed from the fund, upon request by the [commission.] division.
Sec. 14. NRS 414.170 is hereby amended to read as follows:
414.170 1. The board of search and rescue, consisting of [eight] 10 members appointed by the chief, is hereby created. The chief shall appoint:
(a) [One member who is a representative of the Nevada highway patrol;
(b)] One member who is a representative of the Nevada Wing of the Civil Air Patrol;
[(c)] (b) One member who is a representative of the Nevada National Guard;
[(d) One member who is a representative of the sheriffs of Nevada;
(e)] (c) Four members who are representatives of the Nevada Sheriffs and Chiefs Association or its legal successor;
(d) One member who is a representative of the [medical profession;
(f)] health division of the department of human resources and whose primary responsibilities relate to the licensure and certification of persons who provide emergency medical services;
(e) One member who is a representative of the division of forestry of the state department of conservation and natural resources;
[(g)] (f) One member who is a representative of [organizations which specialize in] a search and rescue [; and
(h)] organization of a law enforcement agency; and
(g) One member who is a representative of the Nevada Fire Chiefs Association or its legal successor. If the association ceases to exist and no legal successor is formed, the chief shall appoint one member who is a fire chief.
2. The term of office of each member of the board is 2 years.
Sec. 15. NRS 414.200 is hereby amended to read as follows:
414.200 The chief, with the advice of the board, shall appoint [a] an employee of the division of emergency management of the department of motor vehicles and public safety as coordinator of search and rescue.
Sec. 16. NRS 414.210 is hereby amended to read as follows:
414.210 The coordinator shall:
1. Identify, inventory and coordinate resources available for searches and rescues;
2. Investigate and apply for grants and other financial assistance for search and rescue;
3. Maintain statistics regarding searches and rescues;
κ1999 Statutes of Nevada, Page 1250 (CHAPTER 301, AB 626)κ
4. Coordinate assistance during intrastate searches and rescues and searches and rescues involving two or more counties;
5. Act as liaison with other states operations involving searches and rescues;
6. Provide assistance, upon request, to sheriffs during searches and rescues;
7. Prepare a plan for searches and rescues;
8. Establish and maintain a system of communication for use throughout the state for operations relating to searches and rescues; and
9. Prepare and distribute publications relating to searches and rescues.
Sec. 17. NRS 414.220 is hereby amended to read as follows:
414.220 The committee on training in search and rescue, consisting of [three] six members appointed by the coordinator with the advice of the board, is hereby created.
Sec. 18. NRS 414.270 is hereby amended to read as follows:
414.270 A state disaster identification team is hereby established within the division of emergency management of the department of motor vehicles and public safety. The chief:
1. Shall assign persons with expertise in various fields to the state disaster identification team; and
2. May activate such persons during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 to perform the duties of the state disaster identification team.
Sec. 19. NRS 414.280 is hereby amended to read as follows:
414.280 The state disaster identification team shall:
1. Provide technical assistance and personnel to local authorities to recover, identify and process deceased victims during a state of emergency [.] or declaration of disaster.
2. Within 2 hours after the notification of a state of emergency [,] or declaration of disaster and at the request of the chief, begin to identify and report to the chief the need for medical and health services to:
(a) Establish temporary facilities to be used as a morgue.
(b) Identify deceased victims by using, without limitation, latent fingerprints and the forensic methods of dentistry, pathology and anthropology.
(c) Process and dispose of the remains of deceased victims.
Sec. 20. NRS 414.290 is hereby amended to read as follows:
414.290 The state disaster identification team may, during a state of emergency [,] or declaration of disaster, have access to:
1. The information that is contained in the central repository for Nevada records of criminal history pursuant to NRS 179A.075.
2. The records of criminal history maintained by an agency of criminal justice pursuant to NRS 179A.100.
3. The records of missing children maintained by the attorney general pursuant to NRS 432.170.
4. The records and information concerning missing persons maintained by the investigation division of the department of motor vehicles and public safety pursuant to NRS 481.245.
κ1999 Statutes of Nevada, Page 1251 (CHAPTER 301, AB 626)κ
Sec. 21. NRS 414.300 is hereby amended to read as follows:
414.300 The department of motor vehicles and public safety shall adopt regulations to govern the state disaster identification team. The regulations must include, without limitation:
1. Guidelines for the chief to:
(a) Assign persons to positions on the state disaster identification team; and
(b) Determine which members of the state disaster identification team may be activated during a state of emergency [.] or declaration of disaster.
2. Provisions governing the organization, administration and operation of the state disaster identification team.
3. The compensation, if any, to be paid by the department to a member of the state disaster identification team who is activated during a state of emergency [.] or declaration of disaster.
Sec. 22. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the department; and
(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the director of the department,
within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
4. The division shall:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.
κ1999 Statutes of Nevada, Page 1252 (CHAPTER 301, AB 626)κ
(b) Use a record of the subjects fingerprints as the basis for any records maintained regarding him.
(c) Upon request during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.
5. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:
(1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;
(2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services;
(3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or
(4) For whom such information is required to be obtained pursuant to NRS 449.179.
6. The central repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district,
and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,
who the central repositorys records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repositorys initial investigation.
κ1999 Statutes of Nevada, Page 1253 (CHAPTER 301, AB 626)κ
central repositorys initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.
(g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.
(h) On or before January 31 of each odd-numbered year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, a report containing statistical data about domestic violence in this state.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The central repository may:
(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.
8. As used in this section, advisory committee means the committee established by the director of the department pursuant to NRS 179A.078.
Sec. 23. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
κ1999 Statutes of Nevada, Page 1254 (CHAPTER 301, AB 626)κ
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
4. The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.
5. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The state gaming control board.
(d) The state board of nursing.
(e) The private investigators licensing board to investigate an applicant for a license.
(f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.
(g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.
(h) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(i) Any public utility subject to the jurisdiction of the public utilities commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
(l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
κ1999 Statutes of Nevada, Page 1255 (CHAPTER 301, AB 626)κ
(m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
(o) The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.
(p) The welfare division of the department of human resources or its designated representative.
(q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Title IV of the Social Security Act (42 U.S.C. §§ 651 et seq.).
(r) The state disaster identification team of the division of emergency management of the department of motor vehicles and public safety during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070.
6. Agencies of criminal justice in this state which receive information from sources outside this state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec. 24. NRS 281.147 is hereby amended to read as follows:
281.147 Any public officer or employee of the state or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is classified by the American National Red Cross as a disaster technician must be relieved from his duties, upon the request of the American National Red Cross and the approval of his employer, to assist the American National Red Cross during [a] an emergency or disaster described in NRS 414.020 which occurs in this state or California, Oregon, Idaho, Utah or Arizona, without loss of his regular compensation for a period of not more than 15 working days in any calendar year. No such absence may be a part of the annual vacation of the public officer or employee which is provided for by law.
Sec. 25. NRS 289.270 is hereby amended to read as follows:
289.270 1. The following persons have the powers of a peace officer:
(a) The director of the department of motor vehicles and public safety.
(b) The chiefs of the divisions of the department of motor vehicles and public safety.
(c) The deputy directors of the department of motor vehicles and public safety employed pursuant to subsection 2 of NRS 481.035.
(d) The investigators and agents of the investigation division of the department of motor vehicles and public safety and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.
κ1999 Statutes of Nevada, Page 1256 (CHAPTER 301, AB 626)κ
(e) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140.
2. The personnel of the Nevada highway patrol appointed pursuant to subsection 2 of NRS 481.150 have the powers of a peace officer specified in NRS 481.150 and 481.180.
3. Administrators and investigators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties under NRS 481.048.
4. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.
5. Members of the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety who are, pursuant to NRS 414.270, activated by the chief of the division during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 to perform the duties of the state disaster identification team, have the powers of peace officers in carrying out those duties.
Sec. 26. NRS 432.170 is hereby amended to read as follows:
432.170 1. The attorney general shall:
(a) Establish a program to coordinate activities and information in this state concerning missing or exploited children; and
(b) Appoint a director to administer the provisions of the program.
2. The director is in the unclassified service of the state. [For the purposes of assisting] To assist the director in carrying out the provisions of NRS 432.150 to 432.220, inclusive, the attorney general may appoint such assistants or investigators as deemed necessary by the attorney general.
3. The director may:
(a) Assist any public or private school in establishing a program of information about missing or exploited children by providing, free of charge, materials, publications and instructional aids relating to:
(1) Offenses under federal and state law regarding missing or exploited children and the abuse or neglect of children.
(2) Governmental and private agencies and programs for locating and identifying missing or exploited children, preventing the abduction or disappearance of children and preventing the abuse or neglect of children.
(3) Methods of preventing the abduction or disappearance of children.
(4) Techniques for the investigation of cases involving missing or exploited children.
(5) Any other issue involving missing or exploited children.
(b) Develop and maintain a system of information concerning missing or exploited children, including information concerning public or private resources which may be available to such children and their families.
(c) Accept gifts or donations on behalf of the clearinghouse which must be accounted for separately and used by the director in carrying out the provisions of NRS 432.150 to 432.220, inclusive.
κ1999 Statutes of Nevada, Page 1257 (CHAPTER 301, AB 626)κ
(d) Enter into agreements with regional and national organizations for assistance and exchange of information concerning missing or exploited children.
(e) Assist in the investigation of children who are reported missing in this state or who are reported abducted or taken from this state.
4. The director may provide the materials, publications and instructional aids identified in paragraph (a) of subsection 3 to any other person or governmental agency for a reasonable fee not to exceed the cost of preparing the materials.
5. The director shall, upon request during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, provide records regarding a missing child to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.
Sec. 27. NRS 481.245 is hereby amended to read as follows:
481.245 1. When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall have a dental examination of the body made by a dentist. The dentist shall prepare a record of his findings and forward it to the investigation division and to the central repository for Nevada records of criminal history.
2. Each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years or older shall:
(a) Transmit to the investigation division and to the central repository for Nevada records of criminal history:
(1) The initial report that contains identifying information concerning the missing person within 72 hours after the receipt of that report; and
(2) Any subsequent report concerning the missing person within 5 working days after the receipt of that report if the report contains additional identifying information concerning the missing person;
(b) Notify immediately such persons and make inquiries concerning the missing person as the agency deems necessary; and
(c) Enter the information concerning the missing person into the computer for the National Crime Information Center and the central repository for Nevada records of criminal history, if appropriate.
3. The sheriff, chief of police or other law enforcement agency shall request the written consent of the next of kin or guardian of a person who has been reported to him as missing for 30 days or more to obtain certain identifying information about the missing person that the National Crime Information Center recommends be provided from the appropriate providers of medical care. After receiving the written consent, the sheriff, chief of police or other law enforcement agency shall obtain the identifying information from the providers of medical care and forward that information and any other relevant information to the investigation division and to the central repository for Nevada records of criminal history for comparison with the identifying information that is on file concerning unidentified deceased persons. This subsection does not prevent the voluntary release of identifying information about the missing person by the next of kin or guardian of the missing person at any time.
κ1999 Statutes of Nevada, Page 1258 (CHAPTER 301, AB 626)κ
4. The next of kin or guardian of the person reported as missing shall promptly notify the appropriate law enforcement agency when the missing person is found.
5. The sheriff, chief of police or other law enforcement agency shall inform the investigation division, the central repository for Nevada records of criminal history and the National Crime Information Center when a missing person has been found.
6. The investigation division and the central repository for Nevada records of criminal history shall:
(a) Maintain the records and other information forwarded to them pursuant to subsections 1, 2 and 3 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies; and
(b) Upon request during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, provide the records and other information that are maintained pursuant to this subsection to the state disaster identification team of the division of emergency management of the department.
Sec. 28. 1. The terms of office of all members appointed to the board of search and rescue who are incumbent on October 1, 1999, expire on that date.
2. Not later than October 1, 1999, appointments to the board of search and rescue required to be made pursuant to NRS 414.170, as amended by section 14 of this act, must be made as follows:
(a) One member who is a representative of the Nevada Wing of the Civil Air Patrol, one member who is a representative of the Nevada National Guard, two members who are representatives of the Nevada Sheriffs and Chiefs Association and one member who is a representative of the health division of the department of human resources must be appointed to terms expiring on October 1, 2000.
(b) Two members who are representatives of the Nevada Sheriffs and Chiefs Association, one member who is a representative of the division of forestry, one member who is a representative of a search and rescue organization of a law enforcement agency and one member who is a representative of the Nevada Fire Chiefs Association must be appointed to terms expiring on October 1, 2001.
3. A member of the board of search and rescue whose term of office expires pursuant to subsection 1 may be appointed to succeed himself.
Sec. 29. Section 11 of this act becomes effective at 12:01 a.m. on October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1259κ
Assembly Bill No. 627Committee on Transportation
CHAPTER 302
AN ACT relating to transportation; authorizing certain advertising in airspace over highways; requiring the department of transportation to establish fees for authorizing the use of trade-marks and symbols that identify individual enterprises on directional or informational signs and for providing information concerning commercial attractions; revising certain fees for providing information to the members of the general public; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 405.110 is hereby amended to read as follows:
405.110 1. Except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083, no advertising signs, signboards, boards or other materials containing advertising matter may:
(a) [Be] Except as otherwise provided in subsection 3, be placed upon or over any state highway.
(b) [Be] Except as otherwise provided in subsection 3, be placed within the highway right of way.
(c) [Be] Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.
(d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.
2. With the permission of the department of transportation, counties, towns or cities of this state may place at such points as are designated by the director of the department of transportation suitable signboards advertising the counties, towns or municipalities.
3. A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:
(a) The department of transportation has leased the airspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over an interstate highway and:
(1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and
(2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the department of transportation; or
(b) The person owns real property adjacent to an interstate highway and:
(1) The person has dedicated to a public authority a fee or perpetual easement interest in at least one acre of the property for the construction or maintenance, or both, of the highway over which he is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;
κ1999 Statutes of Nevada, Page 1260 (CHAPTER 302, AB 627)κ
signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;
(2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;
(3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and
(4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.
4. If any such sign is placed in violation of this section it is thereby declared a public nuisance and may be removed forthwith by the department of transportation or [its employees.] the public authority.
[4.] 5. Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.
Sec. 2. NRS 408.557 is hereby amended to read as follows:
408.557 1. The director shall adopt regulations:
(a) Governing the size, shape, lighting and other characteristics of a sign to be erected [in] at such a location;
(b) [Permitting] Authorizing the use of trade-marks and symbols identifying an individual enterprise on a sign erected [in such a] at the location;
(c) Fixing the qualifications of a person or governmental agency to operate a center and of an enterprise to be identified on a directional or informational sign;
(d) Fixing reasonable fees [for providing
information about accommodations and commercial services,]
to recover the actual administrative cost incurred by the [department; and] department for:
(1) Authorizing the use of trade-marks and symbols identifying an individual enterprise on a directional or informational sign; and
(2) Providing information concerning commercial attractions and services;
(e) Fixing reasonable fees, based upon the market value as determined by the department, for:
(1) Authorizing the use of trade-marks and symbols identifying an individual enterprise on a directional or informational sign in an urban area of a county whose population is 100,000 or more; and
(2) Providing information in an urban area of a county whose population is 100,000 or more concerning commercial attractions and services; and
(f) Otherwise necessary to carry out the provisions of NRS 408.551 to 408.567, inclusive.
κ1999 Statutes of Nevada, Page 1261 (CHAPTER 302, AB 627)κ
2. The regulations adopted by the director pursuant to subsection 1 must be consistent with the provisions of 23 U.S.C. § 131.
Sec. 3. NRS 408.567 is hereby amended to read as follows:
408.567 1. Money received by the department from:
(a) Fees for [providing information;] :
(1) Authorizing the use of trade-marks and symbols identifying an individual enterprise on a directional or informational sign; and
(2) Providing information concerning commercial attractions and services;
(b) Participants in a telephone system established to reserve accommodations for travelers; and
(c) Appropriations made by the legislature for the purposes of NRS 408.551 to 408.567, inclusive,
must be deposited with the state treasurer for credit to the account for systems of providing information to the traveling public in the state highway fund, which is hereby created.
2. Money in the account must only be used to carry out the provisions of NRS 408.551 to 408.567, inclusive.
Sec. 4. NRS 484.287 is hereby amended to read as follows:
484.287 1. It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and except as otherwise provided in subsection 4, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083.
2. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.
3. This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.
4. A person may place and maintain commercial advertising in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110, and a public authority may permit commercial advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1262κ
Senate Bill No. 424Senator Schneider
CHAPTER 303
AN ACT relating to taxation; clarifying the provisions governing the treatment of photographers proofs for purposes of taxes on retail sales; and providing other matters properly relating thereto.
[Approved May 25, 1999]
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:
In administering the provisions of this chapter, the department shall not consider the furnishing of one or more proofs by a photographer to a customer as a sale of tangible personal property but rather as part of the rendition of the photographers service, whether or not a separate charge is made for furnishing the proof.
Sec. 2. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:
In administering the provisions of this chapter, the department shall not consider the furnishing of one or more proofs by a photographer to a customer as a sale of tangible personal property but rather as part of the rendition of the photographers service, whether or not a separate charge is made for furnishing the proof.
Sec. 3. This act becomes effective on July 1, 1999.
________
Senate Bill No. 419Senators James, Porter and Titus
Joint Sponsors: Assemblymen Bache, Cegavske and Perkins
CHAPTER 304
AN ACT relating to economic development; authorizing for certain businesses to apply to the commission on economic development for approval of a program to train employees of that business; requiring the director of the department of employment, training and rehabilitation to grant money to programs approved by the commission under certain circumstances; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Commission means the commission on economic development.
κ1999 Statutes of Nevada, Page 1263 (CHAPTER 304, SB 419)κ
Sec. 4. Community college means a community college of the University and Community College System of Nevada.
Sec. 5. Department means the department of employment, training and rehabilitation.
Sec. 6. Director means the director of the department.
Sec. 7. Program means a course of training administered by a community college for employees of a business.
Sec. 8. 1. A person who operates a business or will operate a business in this state may apply to the commission for approval of a program. The application must be submitted on a form prescribed by the commission.
2. Each application must include:
(a) The name, address and telephone number of the business;
(b) The number and types of jobs for the business that are available or will be available upon completion of the program;
(c) A statement of the objectives of the proposed program;
(d) The estimated cost for each person enrolled in the program; and
(e) A statement signed by the applicant certifying that, if the program set forth in the application is approved and money is granted by the director to a community college for the program, each employee who completes the program:
(1) Will be employed in a full-time and permanent position in the business; and
(2) While employed in that position, will be paid not less than 80 percent of the lesser of the average industrial hourly wage in:
(I) This state; or
(II) The county in which the business is located,
as determined by the employment security division of the department on July 1 of each fiscal year.
3. Upon request, the commission may assist an applicant in completing an application pursuant to the provisions of this section.
4. Except as otherwise provided in subsection 5, the commission shall approve or deny each application at the next regularly scheduled meeting of the commission. When considering an application, the commission shall give priority to a business that:
(a) Provides high-skill and high-wage jobs to residents of this state; and
(b) To the greatest extent practicable, uses materials for the business that are produced or bought in this state.
5. Before approving an application, the commission shall establish the amount of matching money that the applicant must provide for the program. The amount established by the commission for that applicant must not be less than 25 percent of the amount the commission approves for the program.
6. If the commission approves an application, it shall notify the applicant, in writing, within 10 days after the application is approved.
7. If the commission denies an application, it shall, within 10 days after the application is denied, notify the applicant in writing. The notice must include the reason for denying the application.
κ1999 Statutes of Nevada, Page 1264 (CHAPTER 304, SB 419)κ
Sec. 9. 1. Except as otherwise provided in subsection 2, the director may grant an amount not to exceed $500,000 per fiscal year to the commission to pay for programs that the commission approves pursuant to section 8 of this act.
2. If the commission expends the amount granted pursuant to subsection 1 before the end of the fiscal year, the commission may request that the director grant additional money to pay for programs that the commission approves pursuant to section 8 of this act.
3. Upon receipt of a request for additional money pursuant to subsection 2, the director shall decide whether to grant the additional money and shall send written notice of his decision to the commission in a timely manner.
Sec. 10. 1. The director may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of sections 2 to 12, inclusive, of this act.
2. Any money the director receives pursuant to subsection 1 must be deposited in the state treasury pursuant to section 11 of this act.
Sec. 11. 1. Any money the director receives pursuant to section 10 of this act or that is appropriated to carry out the provisions of sections 2 to 12, inclusive, of this act:
(a) Must be deposited in the state treasury and accounted for separately in the state general fund;
(b) May only be used to carry out those provisions; and
(c) Does not revert to the state general fund at the end of any fiscal year.
2. The director shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the state are paid.
Sec. 12. 1. Except as otherwise provided in subsection 2, the director may adopt such regulations as are necessary to carry out the provisions of sections 2 to 12, inclusive, of this act.
2. The commission may adopt such regulations as are necessary to carry out the provisions of sections 8 and 9 of this act.
________
κ1999 Statutes of Nevada, Page 1265κ
Senate Bill No. 161Senator Titus
CHAPTER 305
AN ACT relating to substance abuse; requiring halfway houses for alcohol and drug abusers to be certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation; revising the fees that may be charged by the bureau for certifying facilities, programs or personnel; providing a penalty; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. No person, state or local government or agency thereof may operate or maintain in this state a halfway house for alcohol and drug abusers without first obtaining a certificate therefor from the bureau.
2. A person who operates a halfway house for alcohol and drug abusers without a certificate issued by the bureau is guilty of a misdemeanor.
Sec. 3. Each certificate issued by the bureau to a halfway house for alcohol and drug abusers expires on the first December 31 following its issuance and is renewable for 1 year upon reapplication and payment of a renewal fee established pursuant to NRS 458.025.
Sec. 4. The bureau may:
1. Upon receipt of an application for certification as a halfway house for alcohol and drug abusers, conduct an investigation into the premises, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of that halfway house.
2. Upon receipt of a complaint against a halfway house for alcohol and drug abusers, conduct an investigation into the premises, qualification of personnel, methods of operation, policies, procedures and records of that halfway house.
3. Inspect a halfway house for alcohol and drug abusers at any time, with or without notice, as often as is necessary to ensure compliance with all applicable regulations and standards adopted by the bureau.
Sec. 5. 1. If a halfway house for alcohol and drug abusers violates any provisions related to its certification, including, without limitation, any law of this state or any applicable condition, standard or regulation adopted by the bureau, the bureau may:
(a) Suspend or revoke its certification; and
(b) Impose an administrative fine of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum.
2. If a halfway house for alcohol and drug abusers fails to pay an administrative fine imposed pursuant to subsection 1, the bureau may:
(a) Suspend the certificate of the halfway house until the administrative fine is paid; and
κ1999 Statutes of Nevada, Page 1266 (CHAPTER 305, SB 161)κ
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative fine.
3. Any money collected as an administrative fine must be deposited in the state general fund. If money is needed to pay the costs of an investigation or inspection to carry out the provisions of sections 2 to 8, inclusive, of this act, the bureau may present a claim to the state board of examiners for recommendation to the interim finance committee.
Sec. 6. The bureau shall adopt such regulations as are necessary to carry out the provisions of sections 2 to 8, inclusive, of this act.
Sec. 7. 1. The bureau may bring an action in the name of the state to enjoin any person, state or local government or agency thereof from operating or maintaining a halfway house for alcohol and drug abusers:
(a) Without first obtaining a certificate therefor; or
(b) After such a certificate has been revoked or suspended by the bureau.
2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a halfway house without a certificate.
Sec. 8. The district attorney of the county in which a halfway house for alcohol and drug abusers is located shall, upon application by the bureau, institute and conduct the prosecution of any action for the violation of section 2 of this act.
Sec. 9. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.360, inclusive, and sections 2 to 8, inclusive, of this act, unless the context requires otherwise:
1. Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. Bureau means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. Chief means the chief of the bureau.
6. Civil protective custody means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. Department means the department of employment, training and rehabilitation.
8. Director means the director of the department.
9. Facility means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
10. Halfway house for alcohol and drug abusers means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse.
κ1999 Statutes of Nevada, Page 1267 (CHAPTER 305, SB 161)κ
but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.
Sec. 10. NRS 458.025 is hereby amended to read as follows:
458.025 The bureau of alcohol and drug abuse is hereby created in the rehabilitation division of the department. The bureau:
1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:
(a) A survey of the need for education, prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout the state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
(c) A survey of the need for trained teachers, persons who have professional training in fields of health and others involved in the education and prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.
In developing and revising the state plan, the bureau shall consider, among other things, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of the money, and the limitations of legislative appropriations for alcohol and drug abuse programs.
2. Is responsible for coordinating efforts to carry out the state plan and coordinating all state and federal financial support of alcohol and drug abuse programs in the state. The bureau must be consulted in the planning of projects and advised of all applications for grants from within the state which are concerned with alcohol and drug abuse programs, and shall review and advise concerning the applications.
3. Shall develop and publish standards of certification and may certify or deny certification of any halfway houses for alcohol and drug abusers, facilities, programs or personnel on the basis of the standards, and publish a list of certified halfway houses for alcohol and drug abusers, facilities, programs and personnel. Any facilities, programs or personnel which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The chief [shall] :
(a) Shall establish requirements for continuing education for persons certified as counselors and administrators of the programs ; and [may]
(b) May
set fees for certification of halfway
houses for alcohol and drug abusers, facilities, programs or personnel.
The fees must be calculated to produce the revenue estimated to cover the costs
related to the certifications, but in no case may the fee for a certificate
exceed [$100.] the actual cost to the bureau of issuing
the certificate.
4. Upon request from a facility which is self-supported, may certify the facility, its programs and personnel and add them to the list of certified facilities, programs and personnel.
κ1999 Statutes of Nevada, Page 1268 (CHAPTER 305, SB 161)κ
Sec. 11. NRS 458.026 is hereby amended to read as follows:
458.026 1. An applicant for the issuance or renewal of his certification as personnel of an alcohol or drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, shall submit to the bureau the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The bureau shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or
(b) A separate form prescribed by the bureau.
3. The certification of a person as personnel of an alcohol or drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, may not be issued or renewed by the bureau if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 12. NRS 458.027 is hereby amended to read as follows:
458.027 1. If the bureau receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as personnel of an alcohol and drug abuse program or a facility, or as the operator of a halfway house for alcohol and drug abusers, the bureau shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The bureau shall reinstate the certification of a person as personnel of an alcohol and drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, that has been suspended by a district court pursuant to NRS 425.540 if the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
κ1999 Statutes of Nevada, Page 1269 (CHAPTER 305, SB 161)κ
Sec. 13. NRS 458.028 is hereby amended to read as follows:
458.028 An application for the certification of personnel of an alcohol and drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, must include the social security number of the applicant.
Sec. 14. The amendatory provisions of this act do not apply to offenses that were committed before January 1, 2000.
Sec. 15. This act becomes effective:
1. Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On January 1, 2000, for all other purposes.
________
Senate Bill No. 383Senator Schneider
CHAPTER 306
AN ACT relating to taxation; specifying certain properties that must be assessed by the Nevada tax commission; defining property of an interstate or intercounty nature for the purpose of determining whether a property must be assessed by the Nevada tax commission; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
Property of an interstate or intercounty nature means tangible property that:
1. Physically crosses a county or state boundary; and
2. Is used directly in the operation of the business.
A company engaged in a business described in subsection 1 of NRS 361.320 that does not have property of an interstate or intercounty nature must be assessed as provided in subsection 7 of NRS 361.320.
Sec. 2. NRS 361.010 is hereby amended to read as follows:
361.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 361.013 to 361.043, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 361.043 is hereby amended to read as follows:
361.043 Taxable value means:
1. The value of property of an interstate [and] or intercounty nature determined in the manner provided in NRS 361.320 or 361.323.
2. The value of all other property determined in the manner provided in NRS 361.227.
Sec. 4. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the first Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate [and] or intercounty nature [, which must in any event include the property] used directly in the operation of all interstate or intercounty railroad, sleeping car, private car, [street railway, traction, telegraph,] natural gas transmission and distribution, water, telephone, scheduled and unscheduled air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state.
κ1999 Statutes of Nevada, Page 1270 (CHAPTER 306, SB 383)κ
property of an interstate [and] or intercounty nature [, which must in any event include the property] used directly in the operation of all interstate or intercounty railroad, sleeping car, private car, [street railway, traction, telegraph,] natural gas transmission and distribution, water, telephone, scheduled and unscheduled air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.
2. Except as otherwise provided in subsection 3 and NRS 361.323, the commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit. If the company is operating in more than one county, on establishing the unit valuation for the collective property, the commission shall then determine the total aggregate mileage operated within the state and within its several counties [,] and apportion the mileage upon a mile-unit valuation basis. The number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the commission.
3. After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the commission shall segregate the value of any project in this state for the generation of electricity which is not yet put to use. This value must be assessed in the county where the project is located and must be taxed at the same rate as other property.
4. The Nevada tax commission shall adopt formulas [, and cause them to be incorporated] and incorporate them in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the companys income, stock and debt, and the cost of its assets.
5. If two or more persons perform separate functions that collectively are needed to deliver electric service to the final customer and the property used in performing the functions would be centrally assessed if owned by one person, the Nevada tax commission shall establish its valuation and apportion the valuation among the several counties in the same manner as the valuation of other centrally assessed property. The Nevada tax commission shall determine the proportion of the tax levied upon the property by each county according to the valuation of the contribution of each person to the aggregate valuation of the property. This subsection does not apply to [qualified facilities,] a qualifying facility, as defined in 18 C.F.R. § 292.101, which [were] was constructed before July 1, 1997.
6. As used in this section [, company] :
(a) Company means any person, company, corporation or association engaged in the business described.
κ1999 Statutes of Nevada, Page 1271 (CHAPTER 306, SB 383)κ
(b) Commercial mobile radio service has the meaning ascribed to it in 47 C.F.R. § 20.3 as that section existed on January 1, 1998.
7. All other property , including, without limitation, that of any company engaged in providing commercial mobile radio service, radio or television transmission services or cable television services, must be assessed by the county assessors, except as otherwise provided in NRS 361.321 and 362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
8. On or before November 1 of each year, the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. A company which fails to pay the tax within the time required shall pay a penalty of 10 percent of the tax due or $5,000, whichever is greater, in addition to the tax. Any amount paid as a penalty must be deposited in the state general fund. The department may, for good cause shown, waive the payment of a penalty pursuant to this subsection. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due pursuant to this subsection in the manner provided in NRS 361.560.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1272κ
Senate Bill No. 349Senator Jacobsen
CHAPTER 307
AN ACT relating to the tax on special fuel; authorizing the department of motor vehicles and public safety or its authorized agent to stop and inspect a motor vehicle that is using or transporting special fuel in violation of certain provisions; authorizing the department to impose an administrative fine under certain circumstances; requiring a person who resells special fuel that is exempt from the tax on special fuel to collect and remit the tax to the department of motor vehicles and public safety under certain circumstances; authorizing a special fuel supplier to retain a portion of the tax collected as a fee in certain circumstances; reducing the value of the bond that a special fuel dealer is required to provide in certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 366 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Storage tank means any container designed to transport or store fuel, including, without limitation, a fuel tank on a motor vehicle that is used to supply fuel for the propulsion of the motor vehicle.
Sec. 3. The department may impose an administrative fine of the greater of $1000 or $10 per gallon of special fuel based on the maximum storage capacity of the storage tank that contains the special fuel if a person:
1. Sells or stores any special fuel that has been dyed for a use which the person selling or storing such fuel knows, or has reason to know, is a taxable use of the fuel;
2. Willfully alters or attempts to alter the strength or composition of any dye in any special fuel intended to be used for a taxable purpose; or
3. Uses special fuel that has been dyed for a taxable purpose.
Sec. 4. A special fuel user who is required to hold a special fuel users license pursuant to the provisions of this chapter shall:
1. If he uses special fuel in a motor vehicle that is operated or intended to operate interstate:
(a) Obtain an identifying device issued pursuant to a cooperative agreement entered into pursuant to NRS 366.175; and
(b) Conspicuously display that identifying device on the exterior of the motor vehicle in such location as is required pursuant to the cooperative agreement.
2. At any time he is using special fuel in this state, ensure that his license, or a reproduction of the license that is authorized by the department, is located in the motor vehicle.
Sec. 5. NRS 366.020 is hereby amended to read as follows:
366.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 366.025 to 366.100, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
κ1999 Statutes of Nevada, Page 1273 (CHAPTER 307, SB 349)κ
Sec. 6. NRS 366.150 is hereby amended to read as follows:
366.150 1. The department or its authorized agents may:
(a) Examine the books, papers, records and equipment of any special fuel supplier, special fuel dealer, special fuel user or person transporting or storing special fuel as defined in NRS 366.060; [and]
(b) Investigate the character of the disposition which any person makes of [that fuel,] special fuel; and
(c) Stop and inspect a motor vehicle that is using or transporting special fuel,
to determine whether all excise taxes due pursuant to this chapter are being properly reported and paid.
2. The fact that [those] the books, papers, records and equipment described in paragraph (a) of subsection 1 are not maintained in this state at the time of demand does not cause the department to lose any right of examination pursuant to this chapter at the time and place those books, papers, records and equipment become available.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 366.207 is hereby amended to read as follows:
366.207 1. Except as otherwise provided in subsections 2 and 3, each special fuel supplier who sells or distributes special fuel to which dye has not been added shall, at the time the special fuel is purchased, collect the tax imposed pursuant to NRS 366.190.
2. A special fuel supplier may sell special fuel to a purchaser without collecting the tax imposed pursuant to NRS 366.190 if the purchaser of the special fuel:
(a) Has been issued a permit by the department pursuant to NRS 366.397; and
(b) Elects to defer payment of the tax.
3. A special fuel supplier shall not collect the tax imposed pursuant to NRS 366.190 if the purchaser of the special fuel is:
(a) A special fuel supplier;
(b) A special fuel exporter; or
(c) A special fuel dealer.
4. A special fuel supplier who sells special fuel to any other special fuel supplier or special fuel dealer shall keep such records of the transaction as the department may require. The department shall adopt regulations setting forth:
(a) The records which must be kept by the special fuel supplier pursuant to this subsection; and
(b) The period for which those records must be kept by the special fuel supplier.
5. If, within a period of 6 months, a person purchases not less than 200 gallons of special fuel in this state which is used for a purpose that is exempt from the payment of the tax on special fuel pursuant to NRS 366.200, he may apply to the department for a refund in the manner prescribed in subsection 6 of NRS 366.650.
6. Any person who resells, for a taxable purpose, special fuel that was exempt from the tax imposed by this chapter and to which dye has not been added shall collect the tax and remit it to the department.
κ1999 Statutes of Nevada, Page 1274 (CHAPTER 307, SB 349)κ
Sec. 9. NRS 366.390 is hereby amended to read as follows:
366.390 1. Except as otherwise provided in subsection [3,] 2, the department shall allow each special fuel supplier [or special fuel dealer] to retain an amount equal to 2 percent of the amount of the tax collected by the special fuel supplier [or special fuel dealer] as a fee for making the collection.
2. [If the special fuel for which the tax was collected by the special fuel supplier is sold to a purchaser who has been issued a permit pursuant to NRS 366.397, the special fuel supplier:
(a) Is entitled to retain one-half of the fee; and
(b) Shall distribute one-half of the fee to the purchaser. If the fuel is resold by that purchaser to another purchaser who has been issued a permit pursuant to NRS 366.397, the purchaser who sells the special fuel to the subsequent purchaser shall distribute to that subsequent purchaser one-half of the fee he received from the special fuel supplier.
3.] A special fuel supplier who fails to submit a tax return pursuant to NRS 366.383 or a special fuel dealer who fails to submit a tax return pursuant to NRS 366.386 is not entitled to the fee authorized pursuant to subsection 1 for any month for which a tax return is not filed.
Sec. 10. NRS 366.550 is hereby amended to read as follows:
366.550 1. An applicant for or holder of a special fuel suppliers or special fuel dealers license shall provide a bond executed by him as principal, and by a corporation qualified pursuant to the laws of this state as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The total amount of the bond or bonds of any holder of a special fuel suppliers or special fuel dealers license must be fixed by the department at not less than three times the estimated maximum monthly tax, determined in such a manner as the department deems proper, but the amount must not be less than $1,000 [.] for a special fuel supplier and must not be less than $100 for a special fuel dealer. If the department determines that a person is habitually delinquent in the payment of amounts due to the department, it may increase the amount of his security to not more than five times the estimated maximum monthly tax. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount required must be rounded off to the next larger integral multiple of $100.
2. No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel suppliers or special fuel dealers license affects the validity of any bond.
3. In lieu of a bond or bonds, an applicant for or holder of a special fuel suppliers or special fuel dealers license may deposit with the state treasurer, under such terms as the department may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the department.
κ1999 Statutes of Nevada, Page 1275 (CHAPTER 307, SB 349)κ
4. If the holder of a special fuel suppliers or special fuel dealers license is required to provide a bond of more than $5,000, the department may reduce the requirements for the bond to not less than $5,000 upon the suppliers or dealers faithful performance of all the requirements of this chapter and the punctual payment of all taxes due the State of Nevada for the 3 preceding calendar years.
5. The department shall immediately reinstate the original requirements for a bond for a holder of a special fuel suppliers or special fuel dealers license upon his:
(a) Lack of faithful performance of the requirements of this chapter; or
(b) Failure to pay punctually all taxes, fees, penalties and interest due the State of Nevada.
Sec. 11. NRS 366.720 is hereby amended to read as follows:
366.720 Any person who:
1. Fails or refuses to pay the tax imposed by this chapter;
2. Engages in business in this state as a special fuel user, special fuel dealer or special fuel supplier without being the holder of a license to engage in that business;
3. Fails to make any of the reports required by this chapter;
4. Makes any false statement in any application, report or statement required by this chapter;
5. Refuses to permit the department or any authorized agent to examine records as provided by this chapter;
6. Fails to keep proper records of quantities of special fuel received, produced, refined, manufactured, compounded, used or delivered in this state as required by this chapter; [or]
7. Makes any false statement in connection with an application for the refund of any money or taxes provided in this chapter [,] ;
8. Violates the provisions of section 4 of this act;
9. Fails or refuses to stop his motor vehicle for an inspection to determine if all excise taxes due pursuant to the provisions of this chapter are being properly reported and paid; or
10. Refuses to allow the department or an authorized agent to inspect a motor vehicle to determine whether all excise taxes due pursuant to the provisions of this chapter are being properly reported and paid,
is guilty of a misdemeanor.
Sec. 12. NRS 366.740 is hereby amended to read as follows:
366.740 1. [The] Except as otherwise provided in section 3 of this act, the department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any regulation or order adopted or issued pursuant thereto.
2. The department shall afford to any person [so] fined pursuant to this section or section 3 of this act an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
[2.] 3. All administrative fines collected by the department pursuant to subsection 1 or section 3 of this act must be deposited with the state treasurer to the credit of the state highway fund.
κ1999 Statutes of Nevada, Page 1276 (CHAPTER 307, SB 349)κ
[3.] 4. In addition to any other remedy provided by this chapter, the department may compel compliance with any provision of this chapter and any regulation or order adopted or issued pursuant thereto by injunction or other appropriate remedy. The department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 13. The amendatory provisions of this act do not apply to offenses that were committed before July 1, 1999.
Sec. 14. This act becomes effective on July 1, 1999.
________
Senate Bill No. 395Senator Washington
CHAPTER 308
AN ACT relating to parole; requiring under certain circumstances that certain photographs be included in the files pertaining to certain prisoners when those prisoners are considered for parole; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.392 is hereby amended to read as follows:
209.392 1. Except as otherwise provided in NRS 209.3925 and 209.429, the director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the director pursuant to subsection 3 and who has:
(a) Established a position of employment in the community;
(b) Enrolled in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime,
assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.
2. Upon receiving a request to serve a term of residential confinement from an eligible offender, the director shall notify the division of parole and probation. If any victim of a crime committed by the offender has, pursuant to subsection [3] 4 of NRS 213.130, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the division of parole and probation shall notify the victim of the offenders request and advise the victim that he may submit documents regarding the request to the division of parole and probation. If a current address has not been provided as required by subsection [3] 4 of NRS 213.130, the division of parole and probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the division of parole and probation pursuant to this subsection is confidential.
κ1999 Statutes of Nevada, Page 1277 (CHAPTER 308, SB 395)κ
3. The director, after consulting with the division of parole and probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the director must provide that an offender who:
(a) Is not eligible for parole or release from prison within a reasonable period;
(b) Has recently committed a serious infraction of the rules of an institution or facility of the department;
(c) Has not performed the duties assigned to him in a faithful and orderly manner;
(d) Has ever been convicted of:
(1) Any crime involving the use or threatened use of force or violence against the victim; or
(2) A sexual offense;
(e) Has more than one prior conviction for any felony in this state or any offense in another state that would be a felony if committed in this state, not including a violation of NRS 484.3792 or 484.3795;
(f) Has escaped or attempted to escape from any jail or correctional institution for adults; or
(g) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,
is not eligible for assignment to the custody of the division of parole and probation to serve a term of residential confinement pursuant to this section.
4. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department.
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.
6. An offender does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
κ1999 Statutes of Nevada, Page 1278 (CHAPTER 308, SB 395)κ
against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 2. NRS 209.3925 is hereby amended to read as follows:
209.3925 1. Except as otherwise provided in subsection 6, the director may assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement pursuant to NRS 213.380, for not longer than the remainder of his sentence, if:
(a) The director has reason to believe that the offender is:
(1) Physically incapacitated to such a degree that he does not presently, and likely will not in the future, pose a threat to the safety of the public; or
(2) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to the safety of the public; and
(b) At least two physicians licensed pursuant to chapter 630 of NRS, one of whom is not employed by the department, verify, in writing, that the offender is:
(1) Physically incapacitated; or
(2) In ill health and expected to die within 12 months.
2. If the director intends to assign an offender to the custody of the division of parole and probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the department, the director shall notify:
(a) If the offender will reside within this state after he is released from the custody of the department, the board of county commissioners of the county in which the offender will reside; and
(b) The division of parole and probation.
3. If any victim of a crime committed by the offender has, pursuant to subsection [3] 4 of NRS 213.130, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the division of parole and probation shall notify the victim that:
(a) The director intends to assign the offender to the custody of the division of parole and probation pursuant to this section; and
(b) The victim may submit documents to the division of parole and probation regarding such an assignment.
If a current address has not been provided by a victim as required by subsection [3] 4 of NRS 213.130, the division of parole and probation must not be held responsible if notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the division of parole and probation pursuant to this subsection is confidential.
4. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department.
κ1999 Statutes of Nevada, Page 1279 (CHAPTER 308, SB 395)κ
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director.
The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.
6. The director may not assign an offender to the custody of the division of parole and probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.
7. An offender does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 3. NRS 213.130 is hereby amended to read as follows:
213.130 1. The department of prisons shall:
(a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;
(b) Notify the state board of parole commissioners of the eligibility of the prisoner to be considered for parole; and
(c) Before a meeting to consider the prisoner for parole, compile and provide to the board data that will assist the board in determining whether parole should be granted.
2. If a prisoner is being considered for parole from a sentence imposed for conviction of a crime which involved the use of force or violence against a victim and which resulted in bodily harm to a victim and if original or duplicate photographs that depict the injuries of the victim or the scene of the crime were admitted at the trial of the prisoner or were part of the report of the presentence investigation and are reasonably available, a representative sample of such photographs must be included with the information submitted to the board at the meeting. A prisoner may not bring a cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees for any action that is taken pursuant to this subsection or for failing to take any action pursuant to this subsection, including, without limitation, failing to include photographs or including only certain photographs. As used in this subsection, photograph includes any video, digital or other photographic image.
κ1999 Statutes of Nevada, Page 1280 (CHAPTER 308, SB 395)κ
3. Meetings to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the board. All meetings must be open to the public.
[3.] 4. Not later than 5 days after the date on which the board fixes the date of the meeting to consider a prisoner for parole, the board shall notify the victim of the prisoner who is being considered for parole of the date of the meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victims current address is otherwise known by the board. The victim of a prisoner being considered for parole may submit documents to the board and may testify at the meeting held to consider the prisoner for parole. A prisoner must not be considered for parole until the board has notified any victim of his rights pursuant to this subsection and he is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the board, the board must not be held responsible if such notification is not received by the victim.
[4.] 5. The board may deliberate in private after a public meeting held to consider a prisoner for parole.
[5.] 6. The board of state prison commissioners shall provide suitable and convenient rooms or space for use of the board.
[6.] 7. If a victim is notified of a meeting to consider a prisoner for parole pursuant to subsection [3,] 4, the board shall, upon making a final decision concerning the parole of the prisoner, notify the victim of its final decision.
[7.] 8. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the board pursuant to this section is confidential.
[8.] 9. For the purposes of this section, victim has the meaning ascribed to it in NRS 213.005.
________
Senate Bill No. 346Committee on Human Resources and Facilities
CHAPTER 309
AN ACT relating to the commission on substance abuse education, prevention, enforcement and treatment; revising the composition and duties of the commission; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 458.380 is hereby amended to read as follows:
458.380 1. The commission on substance abuse education, prevention, enforcement and treatment is hereby created within the department of motor vehicles and public safety.
2. The governor shall appoint [:] as voting members of the commission:
κ1999 Statutes of Nevada, Page 1281 (CHAPTER 309, SB 346)κ
(a) Three members who represent [law enforcement] the criminal justice system and are knowledgeable in the areas of the [penal system,] enforcement of laws relating to drugs, parole and probation and the judicial system [;] , at least one of whom is a peace officer;
(b) Three members who represent [the state board of education, local school districts, teachers and] education and are knowledgeable about programs for the prevention of abuse of drugs and alcohol [;] , at least one of whom is a licensed employee of a local school district;
(c) Three members who [are managers of programs which are] represent programs and organizations for the rehabilitation of persons who abuse drugs and alcohol, at least one of whom is a manager of a program accredited by the state to treat persons who abuse drugs and alcohol; [and
(d) Four]
(d) One member who is employed by the bureau and has experience in matters concerning budgeting and experience in working with the programs of the bureau;
(e) One member who is employed by the division of mental health and developmental services of the department of human resources who has relevant experience, which may include, without limitation, experience in matters concerning budgeting and experience in working with programs of the division of mental health and developmental services of the department of human resources;
(f) One member who represents the interests of private businesses concerning substance abuse in the workplace; and
(g) Three members who represent the general public [.] , one of whom is the parent of a child who has a mental illness or who has or has had a problem with substance abuse.
3. At least three of the voting members of the commission must be representatives of northern Nevada, three must be representatives of southern Nevada and three must be representatives of rural Nevada.
4. The legislative commission shall appoint one member of the senate and one member of the assembly to serve as nonvoting members of the commission. Such members must be appointed with appropriate regard for their experience with and knowledge of matters relating to substance abuse education, prevention, enforcement and treatment.
5. The director of the department of human resources, the superintendent of public instruction, the director of the department of employment, training and rehabilitation, the director of the department of prisons, the attorney general and the director of the department of motor vehicles and public safety are ex officio nonvoting members of the commission. An ex officio member may designate a representative to serve in his place on the commission or to attend a meeting of the commission in his place. Each ex officio member or his representative shall attend each meeting of the commission and provide any information which the commission requests.
[5.] 6. The term of office of each [appointed] voting member of the commission is 2 years.
[6.] 7. The governor shall appoint one member who is not an elected official to serve as chairman of the commission.
κ1999 Statutes of Nevada, Page 1282 (CHAPTER 309, SB 346)κ
[7.] 8. Each member of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
9. Except during a regular or special session of the legislature, each legislative member of the commission is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the commission or is otherwise engaged in the business of the commission. The salaries and expenses of the legislative members of the commission must be paid from the legislative fund.
Sec. 2. NRS 458.390 is hereby amended to read as follows:
458.390 1. The commission shall meet at least quarterly or by a call of the chairman or majority of the members of the commission.
2. [Seven] Eight voting members of the commission, including at least one member who is a representative of southern Nevada, one member who is a representative of northern Nevada and one member who is a representative of rural Nevada, constitute a quorum.
3. A quorum may exercise all of the powers conferred on the commission.
4. The chairman of the commission may divide the commission into subcommittees. The commission may delegate one or more of the powers conferred on the commission to a subcommittee of the commission.
5. The commission shall prescribe rules for its own management and government.
Sec. 3. NRS 458.400 is hereby amended to read as follows:
458.400 1. The commission may accept gifts, grants, appropriations and donations if its acceptance does not reduce, limit or cause it to be in competition for money normally available to local agencies and community programs, unless otherwise provided by a specific statute.
2. All money received by the commission must be deposited in the fund for substance abuse education, prevention, enforcement and treatment which is hereby created as a special revenue fund.
3. The money in the fund may be used only to:
(a) Make grants pursuant to [programs for substance abuse education, prevention, enforcement and treatment;] subsection 5 of NRS 458.420; and
(b) Carry out the provisions of NRS 458.370 to 458.420, inclusive.
4. All claims against the fund must be paid as other claims against the state are paid.
5. Any money received by the commission on the condition that it be expended for a specific purpose must be accounted for separately in the fund.
Sec. 4. NRS 458.420 is hereby amended to read as follows:
458.420 The commission shall:
1. Develop , [and] coordinate and adopt a state master plan . [that must] The plan:
(a) May include, without limitation [:
(a) All existing and future] , any plans and reports developed by state and local agencies, task forces, councils, committees and community programs for substance abuse education, prevention, enforcement and treatment . [;]
κ1999 Statutes of Nevada, Page 1283 (CHAPTER 309, SB 346)κ
(b) Must include:
(1) A summary of the current activities of the commission;
[(c)] (2) The goals and objectives of the commission;
[(d)] (3) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and
[(e) A statement of the roles of state and local governmental agencies and the private sector in the achievement of the goals and objectives of the commission.]
(4) Suggestions and advice to the bureau concerning the programs of the bureau.
2. Prepare and deliver to the governor on or
before [September] July 1 of each even-numbered year a
report that summarizes the status of the state master plan and of the efforts
of the commission to achieve its goals and objectives.
3. Hold and coordinate public hearings throughout the state as are necessary to receive information from the public relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and the enforcement of laws relating to drugs and alcohol.
4. [Encourage the creation of state and local task forces, councils and committees relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol and develop procedures to receive information and recommendations from the task forces, councils and committees on a regular basis.
5.] Recommend to the governor [in its annual report] annually any proposed legislation relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol.
5. Make grants of available money to programs that provide substance abuse education, prevention, enforcement and treatment and to organizations that evaluate such programs.
6. Collect, evaluate and disseminate information concerning [the] :
(a) The performance of the programs for [substance] drug abuse education, prevention, enforcement and treatment [.
7. Disseminate information concerning any new developments in research or programs for substance] ; and
(b) Proposed legislation relating to drug abuse education, prevention, enforcement and treatment.
[8.] 7. Establish a program to recognize publicly persons and programs that have helped to prevent and treat the abuse of drugs and alcohol and enforce laws relating to drugs and alcohol in this state.
[9. Disseminate information concerning the provisions of NRS 62.2255 to 62.227, inclusive, with the assistance of the department of employment, training and rehabilitation, the department of motor vehicles and public safety, and the superintendent of public instruction.]
Sec. 5. NRS 458.410 is hereby repealed.
Sec. 6. This act becomes effective on July 1, 1999.
________
κ1999 Statutes of Nevada, Page 1284κ
Senate Bill No. 515Committee on Judiciary
CHAPTER 310
AN ACT relating to public safety; revising the provisions governing registration and community notification of sex offenders and offenders convicted of a crime against a child; revising the provisions governing the statewide registry of sex offenders and offenders convicted of a crime against a child; revising the provisions governing psychosexual evaluations of certain sex offenders; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.0926 is hereby amended to read as follows:
176.0926 1. If a defendant is convicted of a crime against a child, the court shall, before imposing sentence:
(a) Notify the division of the conviction of the defendant, so the division and the central repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.230.
(b) Inform the defendant of the requirements for registration, including, but not limited to:
(1) The duty to register in this state [and, if] during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.240;
(2) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;
(3) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction [if the other jurisdiction requires registration; and
(2)] ; and
(4) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction [.] , or changes the primary address at which he is a student or worker.
(c) Require the defendant to read and sign a form confirming that the requirements for registration have been explained to him.
2. The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS 179D.200 to 179D.290, inclusive.
[2. If the crime against a child is an offense for which the suspension of sentence or the granting of probation is permitted, the court may not enter an order granting probation or suspending the sentence until the division has established a record of registration for the defendant and has provided a copy of the record of registration to the central repository pursuant to NRS 179D.230.]
κ1999 Statutes of Nevada, Page 1285 (CHAPTER 310, SB 515)κ
Sec. 2. NRS 176.0927 is hereby amended to read as follows:
176.0927 1. If a defendant is convicted of a sexual offense, the court shall, before imposing sentence:
(a) Notify the division of the conviction of the defendant, so the division and the central repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.450.
(b) Inform the defendant of the requirements for registration, including, but not limited to:
(1) The duty to register in this state [and, if] during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.460;
(2) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;
(3) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction [if the other jurisdiction requires registration; and
(2)] ; and
(4) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction [.] , or changes the primary address at which he is a student or worker.
(c) Require the defendant to read and sign a form stating that the requirements for registration have been explained to him.
2. The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS 179D.350 to 179D.550, inclusive.
[2. If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, the court may not enter an order granting probation or suspending the sentence until the division has established a record of registration for the defendant and has provided a copy of the record of registration to the central repository pursuant to NRS 179D.450.]
Sec. 3. NRS 176.135 is hereby amended to read as follows:
176.135 1. Except as otherwise provided in this section, the division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to or is found guilty of a felony.
2. If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report [must] :
(a) Must be made before the imposition of sentence or the granting of probation ; and
(b) If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, must include a psychosexual evaluation of the defendant.
κ1999 Statutes of Nevada, Page 1286 (CHAPTER 310, SB 515)κ
3. If a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:
(a) A sentence is fixed by a jury; or
(b) Such an investigation and report on the defendant has been made by the division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.
4. Upon request of the court, the division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to or are found guilty of gross misdemeanors.
Sec. 4. NRS 176.139 is hereby amended to read as follows:
176.139 1. If a defendant is convicted of a sexual offense [,] for which the suspension of sentence or the granting of probation is permitted, the division shall arrange for a psychosexual evaluation of the defendant as part of the divisions presentence investigation and report to the court.
2. The psychosexual evaluation of the defendant must be conducted by a person professionally qualified to conduct psychosexual evaluations.
3. The person who conducts the psychosexual evaluation of the defendant must use diagnostic tools that are generally accepted as being within the standard of care for the evaluation of sex offenders, and the psychosexual evaluation of the defendant must include:
(a) A comprehensive clinical interview with the defendant; and
(b) A review of all investigative reports relating to the defendants sexual offense and all statements made by victims of that offense . [;
(c) A review of records relating to previous criminal offenses committed by the defendant; and
(d) A review of records relating to previous evaluations and treatment of the defendant.]
4. The psychosexual evaluation of the defendant may include:
(a) A review of records relating to previous criminal offenses committed by the defendant;
(b) A review of records relating to previous evaluations and treatment of the defendant;
(c) A review of the defendants records from school;
[(b)] (d) Interviews with the defendants parents, the defendants spouse or other persons who may be significantly involved with the defendant or who may have relevant information relating to the defendants background; and
[(c)] (e) The use of psychological testing, polygraphic examinations and arousal assessment.
5. The person who conducts the psychosexual evaluation of the defendant must be given access to all records of the defendant that are necessary to conduct the evaluation, and the defendant shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the evaluation.
6. The person who conducts the psychosexual evaluation of the defendant shall prepare a comprehensive written report of the results of the evaluation and shall provide a copy of that report to the division.
κ1999 Statutes of Nevada, Page 1287 (CHAPTER 310, SB 515)κ
7. If a psychosexual evaluation is conducted pursuant to this section, the court shall:
(a) Order the defendant, to the extent of his financial ability, to pay for the cost of the psychosexual evaluation; or
(b) If the defendant was less than 18 years of age when the sexual offense was committed and the defendant was certified and convicted as an adult, order the parents or guardians of the defendant, to the extent of their financial ability, to pay for the cost of the psychosexual evaluation. For the purposes of this paragraph, the court has jurisdiction over the parents or guardians of the defendant to the extent that is necessary to carry out the provisions of this paragraph.
Sec. 5. 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] paragraph 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 the 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 such an evaluation is required pursuant to that section;
(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;
(h) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176A.780;
(i) A written report of the results of a psychosexual evaluation of the defendant, if [the defendant is convicted of a sexual offense;] such an evaluation is required pursuant to NRS 176.139; and
(j) 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.
κ1999 Statutes of Nevada, Page 1288 (CHAPTER 310, SB 515)κ
Sec. 6. Chapter 179B of NRS is hereby amended by adding thereto the provisions set forth as sections 6.3 and 6.6 of this act.
Sec. 6.3. Convicted has the meaning ascribed to it in section 10.5 of this act.
Sec. 6.6. Offender convicted of a crime against a child has the meaning ascribed to it in section 17 of this act.
Sec. 7. NRS 179B.010 is hereby amended to read as follows:
179B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179B.020 to 179B.140, inclusive, and sections 6.3 and 6.6 of this act have the meanings ascribed to them in those sections.
Sec. 8. NRS 179B.200 is hereby amended to read as follows:
179B.200 1. The director shall establish within the central repository a statewide registry of sex offenders and offenders convicted of a crime against a child that consists of the record of registration for each such offender and all other information concerning each such offender that is obtained pursuant to law.
2. [On or before January 1, 1998, the] The statewide registry must be organized so that a law enforcement officer may search the records of registration in the registry by entering certain search information, including, but not limited to:
(a) A name, alias, physical description or address of an offender.
(b) A geographic location where an offense was committed.
(c) The age, gender, race or general physical description of a victim.
(d) The method of operation used by an offender, including, but not limited to:
(1) The specific sexual acts committed against a victim;
(2) The method of obtaining access to a victim, such as the use of enticements, threats, forced entry or violence against a victim;
(3) The type of injuries inflicted on a victim;
(4) The types of instruments, weapons or objects used;
(5) The type of property taken; and
(6) Any other distinctive characteristic of the behavior or personality of an offender.
3. Except as otherwise provided in this subsection or by specific statute, information in the statewide registry may be accessed only by a law enforcement officer in the regular course of his duties and officers and employees of the central repository. The director may permit the following persons to have access to information in the statewide registry:
(a) Except as otherwise provided in chapter 179A of NRS or by specific statute, an officer or employee of a governmental agency that is investigating the background of a person for the purposes of employment.
(b) Any other person for the limited purposes of research or statistical analysis.
4. Information contained in the statewide registry, including, but not limited to, the record of registration of an offender, shall be deemed a record of criminal history only for the purposes of those provisions of chapter 179A of NRS that are consistent with the provisions of this chapter.
κ1999 Statutes of Nevada, Page 1289 (CHAPTER 310, SB 515)κ
Sec. 9. NRS 179B.250 is hereby amended to read as follows:
179B.250 1. [On or before January 1, 1998, the] The department shall, in a manner prescribed by the director, establish within the central repository a program to provide the public with access to certain information contained in the statewide registry. The program may include, but is not limited to, the use of a secure website on the Internet or other electronic means of communication to provide the public with access to certain information contained in the statewide registry if such information is made available and disclosed in accordance with the procedures set forth in this section.
2. Before a search of the statewide registry is conducted on behalf of a requester seeking information from the program, the requester must provide his name, address and telephone number and the following information concerning the identity of the subject of the search:
(a) The name of the subject of the search and at least one of the following items:
(1) The social security number of the subject of the search;
(2) The identification number from a drivers license or an identification card issued to the subject of the search by this state; or
(3) The date of birth of the subject of the search; or
(b) The name and address of the subject of the search and all of the following items:
(1) The race or ethnicity of the subject of the search;
(2) The hair color and eye color of the subject of the search;
(3) The approximate height and weight of the subject of the search; and
(4) The approximate age of the subject of the search.
After conducting a search based upon information provided pursuant to paragraph (a) or (b), the central repository may require the requester to provide additional information to confirm the identity of the subject of the search. The additional information may include, but is not limited to, the license number from a motor vehicle frequently driven by the subject of the search, the employer of the subject of the search or any information listed in paragraph (a) or (b) that was not provided for the initial search.
3. After conducting a search of the statewide registry on behalf of a requester, the central repository shall inform the requester that:
(a) No person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search;
(b) The requester needs to provide additional information concerning the identity of the subject of the search before the central repository may disclose the results of the search; or
(c) A person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search. If a search of the statewide registry results in a match pursuant to this paragraph, the central repository [shall] :
(1) Shall inform the requester of each offense for which the subject of the search was convicted and the date and location of each conviction. [The central repository shall]
κ1999 Statutes of Nevada, Page 1290 (CHAPTER 310, SB 515)κ
(2) May, through the use of a secure website on the Internet or other electronic means of communication, provide the requester with a photographic image of the subject of the search if such an image is available.
(3) Shall not provide the requester with any other information that is included in the record of registration for the subject of the search.
4. For each inquiry to the program, the central repository shall:
(a) Charge a fee to the requester;
(b) Maintain a log of the information provided by the requester to the central repository and the information provided by the central repository to the requester; and
(c) Inform the requester that information obtained through the program may not be used to violate the law or the individual rights of another person and that such misuse of information obtained through the program may subject the requester to criminal prosecution or civil liability for damages.
5. A person may not use information obtained through the program as a substitute for information relating to sexual offenses that must be provided by the central repository pursuant to NRS 179A.190 to 179A.240, inclusive, or another provision of law.
Sec. 10. Chapter 179D of NRS is hereby amended by adding thereto the provisions set forth as sections 10.5 to 19, inclusive, of this act.
Sec. 10.5. Convicted includes, but is not limited to, an adjudication of delinquency or a finding of guilt by a court having jurisdiction over juveniles if the adjudication of delinquency or the finding of guilt is for the commission of any of the following offenses:
1. A crime against a child that is listed in subsection 6 of NRS 179D.210.
2. A sexual offense that is listed in subsection 19 of NRS 179D.410.
3. A sexual offense that is listed in paragraph (b) of subsection 3 of NRS 62.600.
Sec. 11. Nonconsensual means against the victims will or under conditions in which a person knows or reasonably should know that the victim is mentally or physically incapable of resisting, consenting or understanding the nature of the persons conduct.
Sec. 12. Primary address means the address at which:
1. A student primarily attends any course of academic or vocational instruction within this state.
2. A worker primarily engages in any type of occupation, employment, work or volunteer service within this state.
Sec. 13. Sexual penetration means cunnilingus, fellatio or any intrusion, however slight, of any part of the victims body or any object manipulated or inserted by a person into the genital or anal openings of the body of the victim. The term includes, but is not limited to, anal intercourse and sexual intercourse in what would be its ordinary meaning.
Sec. 14. Student means a person who is enrolled in and attends, on a full-time or part-time basis within this state, any course of academic or vocational instruction conducted by a public or private educational institution or school, including, but not limited to, any of the following institutions or schools:
κ1999 Statutes of Nevada, Page 1291 (CHAPTER 310, SB 515)κ
1. A university, college or community college which is privately owned or which is part of the University and Community College System of Nevada.
2. A postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.
3. A trade school or vocational school.
4. A public school, as defined in NRS 385.007, or a private school, as defined in NRS 394.103.
Sec. 15. 1. Worker means a person who engages in or who knows or reasonably should know that he will engage in any type of occupation, employment, work or volunteer service on a full-time or part-time basis within this state for:
(a) Any period exceeding 14 days; or
(b) More than 30 days, in the aggregate, during any calendar year,
whether or not the person engages in or will engage in the occupation, employment, work or volunteer service for compensation or for the purposes of a governmental or educational benefit.
2. The term includes, but is not limited to:
(a) A person who is self-employed.
(b) An employee or independent contractor.
(c) A paid or unpaid intern, extern, aide, assistant or volunteer.
Sec. 16. Nonresident offender who is a student or worker within this state and nonresident offender mean an offender convicted of a crime against a child who is a student or worker within this state but who is not otherwise deemed a resident offender pursuant to subsection 2 or 3 of NRS 179D.240.
Sec. 17. 1. Offender convicted of a crime against a child and offender mean a person who, after July 1, 1956, is or has been:
(a) Convicted of a crime against a child that is listed in NRS 179D.210; or
(b) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a crime against a child that is listed in subsection 6 of NRS 179D.210.
2. The term includes, but is not limited to, a nonresident offender who is a student or worker within this state.
Sec. 18. Nonresident sex offender who is a student or worker within this state and nonresident sex offender mean a sex offender who is a student or worker within this state but who is not otherwise deemed a resident sex offender pursuant to subsection 2 or 3 of NRS 179D.460.
Sec. 19. Nonresident sex offender who is a student or worker within this state and nonresident sex offender mean a sex offender who is a student or worker within this state but who is not otherwise deemed a resident sex offender pursuant to subsection 2 or 3 of NRS 179D.460.
Sec. 20. NRS 179D.010 is hereby amended to read as follows:
179D.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179D.020 to 179D.090, inclusive, and sections 10.5 to 15, inclusive, of this act have the meanings ascribed to them in those sections.
κ1999 Statutes of Nevada, Page 1292 (CHAPTER 310, SB 515)κ
Sec. 21. NRS 179D.150 is hereby amended to read as follows:
179D.150 Except as otherwise provided in NRS 179D.530, a record of registration must include, if the information is available:
1. Information identifying the offender, including, but not limited to:
(a) The name of the offender and all aliases that he has used or under which he has been known;
(b) A complete physical description of the offender, a current photograph of the offender and the fingerprints of the offender;
(c) The date of birth and the social security number of the offender;
(d) The identification number from a drivers license or an identification card issued to the offender by this state or any other jurisdiction; and
(e) Any other information that identifies the offender.
2. Information concerning the residence of the offender, including, but not limited to:
(a) The address at which the offender resides;
(b) The length of time he has resided at that address and the length of time he expects to reside at that address;
(c) The address or location of any other place where he expects to reside in the future and the length of time he expects to reside there; and
(d) The length of time he expects to remain in the county where he resides and in this state.
3. Information concerning the offenders occupations, employment or work or expected occupations, employment [of the offender,] or work, including, but not limited to, the name, address and type of business of all current and expected future employers of the offender.
4. Information concerning the offenders volunteer service or expected volunteer service in connection with any activity or organization within this state, including, but not limited to, the name, address and type of each such activity or organization.
5. Information concerning the offenders enrollment or expected enrollment as a student in any public or private educational institution or school within this state, including, but not limited to, the name, address and type of each such educational institution or school.
6. The license number and a description of all motor vehicles registered to or frequently driven by the offender.
[5.] 7. The level of community notification assigned to the offender.
[6.] 8. The following information for each offense for which the offender has been convicted:
(a) The court in which he was convicted;
(b) The name under which he was convicted;
(c) The name and location of each [hospital or] penal institution , school, hospital, mental facility or other institution to which he was committed;
(d) The specific location where the offense was committed;
(e) The age, the gender, the race and a general physical description of the victim; and
(f) The method of operation that was used to commit the offense, including, but not limited to:
(1) Specific sexual acts committed against the victim;
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(2) The method of obtaining access to the victim, such as the use of enticements, threats, forced entry or violence against the victim;
(3) The type of injuries inflicted on the victim;
(4) The types of instruments, weapons or objects used;
(5) The type of property taken; and
(6) Any other distinctive characteristic of the behavior or personality of the offender.
Sec. 22. NRS 179D.200 is hereby amended to read as follows:
179D.200 As used in NRS 179D.200 to 179D.290, inclusive, and sections 16 and 17 of this act, unless the context otherwise requires, the words and terms defined in NRS 179D.210 and 179.220 and sections 16 and 17 of this act have the meanings ascribed to them in those sections.
Sec. 22.5. NRS 179D.210 is hereby amended to read as follows:
179D.210 Crime against a child means any of the following offenses if the victim of the offense was less than 18 years of age when the offense was committed:
1. Kidnaping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent of the victim.
2. False imprisonment pursuant to NRS 200.460, unless the offender is the parent of the victim.
3. An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive.
4. An attempt to commit an offense listed in this section.
5. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
6. An offense against a child committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as an offender who has committed a crime against a child because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
(c) A court having jurisdiction over juveniles.
Sec. 23. NRS 179D.230 is hereby amended to read as follows:
179D.230 1. If the division receives notice from a court pursuant to NRS 176.0926 that an offender has been convicted of a crime against a child, the division shall:
(a) If a record of registration has not previously been established for the offender by the division, establish a record of registration for the offender and [provide a copy of] forward the record of registration to the central repository; or
κ1999 Statutes of Nevada, Page 1294 (CHAPTER 310, SB 515)κ
(b) If a record of registration has previously been established for the offender by the division, update the record of registration for the offender and [provide a copy of] forward the record of registration to the central repository.
2. If the offender named in the notice [will be] is granted probation or otherwise will not be incarcerated or confined, the central repository shall immediately provide [a copy of the record of registration for] notification concerning the offender to the appropriate local law enforcement [agency in whose jurisdiction the offender resides or,] agencies and, if the offender resides in a jurisdiction which is outside of this state , [and which requires registration,] to the appropriate law enforcement agency in that jurisdiction.
3. If the offender named in the notice is incarcerated or confined, before the offender is released:
(a) The division shall:
(1) Inform the offender of the requirements for registration, including, but not limited to:
(I) The duty to register in this state [and , if] during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.240;
(II) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;
(III) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction [if the other jurisdiction requires registration; and
(II)] ; and
(IV) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction [;] , or changes the primary address at which he is a student or worker;
(2) Require the offender to read and sign a form confirming that the requirements for registration have been explained to him; and
(3) Update the record of registration for the offender and [provide a copy of] forward the record of registration to the central repository; and
(b) The central repository shall provide [a copy of the record of registration for] notification concerning the offender to the appropriate local law enforcement [agency in whose jurisdiction the offender will reside upon release or,] agencies and, if the offender will reside upon release in a jurisdiction which is outside of this state , [and which requires registration,] to the appropriate law enforcement agency in that jurisdiction.
4. If requested by the division, the department of prisons or a local law enforcement agency in whose facility the offender is incarcerated shall provide the offender with the information and the confirmation form required by paragraph (a) of subsection 3.
5. The failure to provide an offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the offender to register and to comply with all other provisions for registration.
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6. If the central repository receives notice from another jurisdiction or the Federal Bureau of Investigation that an offender convicted of a crime against a child is now residing or is a student or worker within this state:
(a) The central repository shall immediately [notify] provide notification concerning the offender to the division and to the appropriate local law enforcement [agency in whose jurisdiction the offender resides;] agencies; and
(b) The division shall establish a record of registration for the offender and [provide a copy of] forward the record of registration to the central repository . [; and
(c) The central repository shall provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender resides.]
Sec. 24. NRS 179D.240 is hereby amended to read as follows:
179D.240 1. In addition to any other registration that is required pursuant to NRS 179D.230, each offender who, after July 1, 1956, is or has been convicted of a crime against a child shall register with a local law enforcement agency and with the division pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 3, if the offender resides or is present for 48 hours or more within:
(a) A county; or
(b) An incorporated city that does not have a city police department,
the offender shall be deemed a resident offender and shall register with the sheriffs office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.
3. If the offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the offender shall be deemed a resident offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.
4. If the offender is a nonresident offender who is a student or worker within this state, the offender shall register with the appropriate sheriffs office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this state.
5. To register with a local law enforcement agency pursuant to this section, the offender shall:
(a) Appear personally at the office of the appropriate local law enforcement agency;
(b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and
(c) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency.
[5.] 6. When an offender registers, the local law enforcement agency shall [inform] :
κ1999 Statutes of Nevada, Page 1296 (CHAPTER 310, SB 515)κ
(a) Inform the offender of the duty to register and the time within which the offender is required to register with the division if he has not previously done so;
(b) Inform the offender of the duty to notify the division [of a change of address and shall provide] if the offender changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and
(c) Provide the offender with the appropriate address of the office of the division [.
6.] at which the offender must register and provide notification of each such change of address.
7. After the offender registers [,] with the local law enforcement agency :
(a) The local law enforcement agency shall notify the division of the registration.
(b) If the offender has not previously registered with the division, the offender shall, not later than 48 hours after registering with the local law enforcement agency:
(1) Appear personally at the appropriate office of the division;
(2) Provide all information that is requested by the division, including, but not limited to, fingerprints and a photograph; and
(3) Sign and date the record of registration in the presence of an officer or employee of the division.
8. If the division has not previously established a record of registration for [the offender:] an offender described in subsection 7:
(a) The division shall establish a record of registration for the offender and [provide a copy of] forward the record of registration to the central repository; and
(b) The central repository shall provide [a copy of the record of registration for] notification concerning the offender to the appropriate local law enforcement [agency in whose jurisdiction the offender resides.] agencies.
Sec. 25. NRS 179D.250 is hereby amended to read as follows:
179D.250 1. If an offender convicted of a crime against a child changes the address at which he resides, including moving from this state to another jurisdiction, or changes the primary address at which he is a student or worker, not later than 48 hours after changing [his] such an address, the offender shall provide [his] the new address, in writing, to the division and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment , work, volunteer service or drivers license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.
2. Upon receiving a change of address from an offender, the division shall immediately [provide] forward the new address and any updated information to the central repository and:
(a) If the offender [is still residing] has changed an address within this state, the central repository shall immediately provide [a copy of the record of registration for] notification concerning the offender to the local law enforcement agency in whose jurisdiction the offender is now residing or is a student or worker and shall notify the local law enforcement agency in whose jurisdiction the offender last resided [;] or was a student or worker; or
κ1999 Statutes of Nevada, Page 1297 (CHAPTER 310, SB 515)κ
student or worker and shall notify the local law enforcement agency in whose jurisdiction the offender last resided [;] or was a student or worker; or
(b) If the offender [moved] has changed an address from this state to another jurisdiction , [that requires registration,] the central repository shall immediately provide [a copy of the record of registration] notification concerning the offender to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the offender last resided [.] or was a student or worker.
Sec. 26. NRS 179D.260 is hereby amended to read as follows:
179D.260 1. Except as otherwise provided in subsection 4, each year, on the anniversary of the date that the division establishes a record of registration for the offender, the central repository shall mail to the offender, at the address last registered by the offender, a nonforwardable verification form. The offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.
2. An offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment , work, volunteer service or drivers license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The central repository shall provide all updated information to the division and to the appropriate local law enforcement [agency in whose jurisdiction the offender resides.] agencies.
3. If the central repository does not receive a verification form from an offender and otherwise cannot verify the address or location of the offender, the central repository shall immediately notify the division and the appropriate local law enforcement [agency in whose jurisdiction the offender last resided.] agencies.
4. The central repository is not required to complete the mailing pursuant to subsection 1 [if the] :
(a) During any period in which an offender is incarcerated or confined or has [moved] changed his place of residence from this state to another jurisdiction [.] ; or
(b) For a nonresident offender who is a student or worker within this state.
Sec. 27. NRS 179D.270 is hereby amended to read as follows:
179D.270 1. An offender convicted of a crime against a child shall comply with the provisions for registration for as long as the offender resides or is present within this state [,] or is a nonresident offender who is a student or worker within this state, unless the duty of the offender to register is terminated pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 5, if an offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the offender may file a petition to terminate his duty to register with the district court in whose jurisdiction he resides [a petition to terminate his duty to register.] or, if he is a nonresident offender, in whose jurisdiction he is a student or worker.
κ1999 Statutes of Nevada, Page 1298 (CHAPTER 310, SB 515)κ
in whose jurisdiction he is a student or worker. For the purposes of this subsection, registration begins on the date that the division establishes a record of registration for the offender or the date that the offender is released, whichever occurs later.
3. If the offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the offender to register.
4. If the court does not terminate the duty of the offender to register after a petition is heard pursuant to subsections 2 and 3, the offender may file another petition after each succeeding interval of 5 consecutive years if the offender is not convicted of an offense that poses a threat to the safety or well-being of others.
5. An offender may not file a petition to terminate his duty to register pursuant to this section if the offender:
(a) [Has been convicted of more than one crime against a child; or
(b)] Is subject to [the provisions for registration] community notification or to lifetime supervision pursuant to NRS 176.0931 as a sex offender [pursuant to NRS 179D.350 to 179D.550, inclusive.] ;
(b) Has been declared to be a sexually violent predator, as defined in NRS 179D.430; or
(c) Has been convicted of:
(1) One or more sexually violent offenses, as defined in NRS 179D.420;
(2) Two or more sexual offenses, as defined in NRS 179D.410, against persons less than 18 years of age;
(3) Two or more crimes against a child; or
(4) At least one of each offense listed in subparagraphs (2) and (3).
Sec. 28. NRS 179D.290 is hereby amended to read as follows:
179D.290 An offender convicted of a crime against a child who:
1. Fails to register [;] with a local law enforcement agency or with the division;
2. Fails to notify the division of a change of address;
3. Provides false or misleading information to the division, the central repository or a local law enforcement agency; or
4. Otherwise violates the provisions of NRS 179D.200 to 179D.290, inclusive,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 29. NRS 179D.350 is hereby amended to read as follows:
179D.350 As used in NRS 179D.350 to 179D.550, inclusive, and section 18 of this act, unless the context otherwise requires, the words and terms defined in NRS 179D.360 to 179D.430, inclusive, and section 18 of this act have the meanings ascribed to them in those sections.
Sec. 30. NRS 179D.400 is hereby amended to read as follows:
179D.400 1. Sex offender means a person who, after July 1, 1956, is or has been [convicted] :
κ1999 Statutes of Nevada, Page 1299 (CHAPTER 310, SB 515)κ
(a) Convicted of a sexual offense listed in NRS 179D.410 [.] ; or
(b) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subsection 19 of NRS 179D.410.
2. The term includes, but is not limited to [, a] :
(a) A sexually violent predator.
(b) A nonresident sex offender who is a student or worker within this state.
Sec. 31. NRS 179D.410 is hereby amended to read as follows:
179D.410 Sexual offense means [:] any of the following offenses:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030 . [;]
2. Sexual assault pursuant to NRS 200.366 . [;]
3. Statutory sexual seduction pursuant to NRS 200.368 . [;]
4. Battery with intent to commit sexual assault pursuant to NRS 200.400 . [;]
5. An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section.
6. An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section.
7. Abuse of a child pursuant NRS 200.508, if the abuse involved sexual abuse or sexual exploitation . [;
6.] 8. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive . [;
7.] 9. Incest pursuant to NRS 201.180 . [;
8.] 10. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195 . [;
9.] 11. Open or gross lewdness pursuant to NRS 201.210 . [;
10.] 12. Indecent or obscene exposure pursuant to NRS 201.220 . [;
11.] 13. Lewdness with a child pursuant to NRS 201.230 . [;
12.] 14. Sexual penetration of a dead human body pursuant to NRS 201.450 . [;
13.] 15. Annoyance or molestation of a minor pursuant to NRS 207.260 . [;
14.] 16. An attempt to commit an offense listed in subsections 1 to [13, inclusive;
15.] 15, inclusive.
17. An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193 . [; or
16.] 18. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
κ1999 Statutes of Nevada, Page 1300 (CHAPTER 310, SB 515)κ
19. An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
(c) A court having jurisdiction over juveniles.
Sec. 32. NRS 179D.420 is hereby amended to read as follows:
179D.420 Sexually violent offense means [:] any of the following offenses:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030 . [;]
2. Sexual assault pursuant to NRS 200.366 . [;]
3. Battery with intent to commit sexual assault pursuant to NRS 200.400 . [;]
4. An offense involving pornography and a minor pursuant to NRS 200.710.
5. An attempt to commit an offense listed in [subsection 1, 2 or 3;
5.] subsections 1 to 4, inclusive.
6. An offense that is determined to be sexually motivated pursuant to NRS 175.547 . [; or
6.] 7. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
8. Any other offense listed in NRS 179D.410 if, during the commission of the offense, the offender engaged in or attempted to engage in:
(a) Sexual penetration of a child less than 12 years of age; or
(b) Nonconsensual sexual penetration of any other person.
Sec. 33. NRS 179D.430 is hereby amended to read as follows:
179D.430 Sexually violent predator means [a] :
1. A person who:
[1.] (a) Has been convicted of a sexually violent offense;
[2.] (b) Suffers from a mental disorder or personality disorder; and
[3.] (c) Has been declared to be a sexually violent predator pursuant to NRS 179D.510 [.] ; or
2. A person who has been declared to be a sexually violent predator pursuant to the laws of another jurisdiction.
Sec. 34. NRS 179D.450 is hereby amended to read as follows:
179D.450 1. If the division receives notice from a court pursuant to NRS 176.0927 that a sex offender has been convicted of a sexual offense or pursuant to NRS 62.590 that a juvenile sex offender has been deemed to be an adult sex offender, the division shall:
κ1999 Statutes of Nevada, Page 1301 (CHAPTER 310, SB 515)κ
pursuant to NRS 62.590 that a juvenile sex offender has been deemed to be an adult sex offender, the division shall:
(a) If a record of registration has not previously been established for the sex offender by the division, establish a record of registration for the sex offender and [provide a copy of] forward the record of registration to the central repository; or
(b) If a record of registration has previously been established for the sex offender by the division, update the record of registration for the sex offender and [provide a copy of] forward the record of registration to the central repository.
2. If the sex offender named in the notice [will be] is granted probation or otherwise will not be incarcerated or confined or if the sex offender named in the notice has been deemed to be an adult sex offender pursuant to NRS 62.590 and is not otherwise incarcerated or confined:
(a) The central repository shall immediately provide [a copy of the record of registration for] notification concerning the sex offender to the appropriate local law enforcement [agency in whose jurisdiction the sex offender resides or,] agencies and, if the sex offender resides in a jurisdiction which is outside of this state , [and which requires registration,] to the appropriate law enforcement agency in that jurisdiction; and
(b) If the sex offender is subject to community notification, the division shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.
3. If the sex offender named in the notice is incarcerated or confined, before the sex offender is released:
(a) The division shall:
(1) Inform the sex offender of the requirements for registration, including, but not limited to:
(I) The duty to register in this state [and, if] during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.460;
(II) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;
(III) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction [if the other jurisdiction requires registration;
(II)] ; and
(IV) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction [;] , or changes the primary address at which he is a student or worker;
(2) Require the sex offender to read and sign a form confirming that the requirements for registration have been explained to him;
(3) Update the record of registration for the sex offender and [provide a copy of] forward the record of registration to the central repository; and
κ1999 Statutes of Nevada, Page 1302 (CHAPTER 310, SB 515)κ
(4) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive; and
(b) The central repository shall provide [a copy of the record of registration for] notification concerning the sex offender to the appropriate local law enforcement [agency in whose jurisdiction the sex offender will reside upon release or,] agencies and, if the sex offender will reside upon release in a jurisdiction which is outside of this state , [and which requires registration,] to the appropriate law enforcement agency in that jurisdiction.
4. If requested by the division, the department of prisons or a local law enforcement agency in whose facility the sex offender is incarcerated shall provide the sex offender with the information and the confirmation form required by paragraph (a) of subsection 3.
5. The failure to provide a sex offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the sex offender to register and to comply with all other provisions for registration.
6. If the central repository receives notice from another jurisdiction or the Federal Bureau of Investigation that a sex offender is now residing or is a student or worker within this state:
(a) The central repository shall immediately [notify] provide notification concerning the sex offender to the division and to the appropriate local law enforcement [agency in whose jurisdiction the sex offender resides;] agencies;
(b) The division shall establish a record of registration for the sex offender and [provide a copy of] forward the record of registration to the central repository; and
(c) [The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides; and
(d)] If the sex offender is subject to community notification, the division shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.
Sec. 35. NRS 179D.460 is hereby amended to read as follows:
179D.460 1. In addition to any other registration that is required pursuant to NRS 179D.450, each sex offender who, after July 1, 1956, is or has been convicted of a sexual offense shall register with a local law enforcement agency and with the division pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 3, if the sex offender resides or is present for 48 hours or more within:
(a) A county; or
(b) An incorporated city that does not have a city police department,
the sex offender shall be deemed a resident sex offender and shall register with the sheriffs office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.
κ1999 Statutes of Nevada, Page 1303 (CHAPTER 310, SB 515)κ
department, not later than 48 hours after arriving or establishing a residence within the county or the city.
3. If the sex offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the sex offender shall be deemed a resident sex offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.
4. If the sex offender is a nonresident sex offender who is a student or worker within this state, the sex offender shall register with the appropriate sheriffs office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this state.
5. To register with a local law enforcement agency pursuant to this section, the sex offender shall:
(a) Appear personally at the office of the appropriate local law enforcement agency;
(b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and
(c) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency.
[5.] 6. When a sex offender registers, the local law enforcement agency shall [inform] :
(a) Inform the sex offender of the duty to register and the time within which the sex offender is required to register with the division if he has not previously done so;
(b) Inform the sex offender of the duty to notify the division [of a change of address and shall provide] if the sex offender changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and
(c) Provide the sex offender with the appropriate address of the office of the division [.
6.] at which the sex offender must register and provide notification of each such change of address.
7. After the sex offender registers [,] with the local law enforcement agency :
(a) The local law enforcement agency shall notify the division of the registration.
(b) If the sex offender has not previously registered with the division, the sex offender shall, not later than 48 hours after registering with the local law enforcement agency:
(1) Appear personally at the appropriate office of the division;
(2) Provide all information that is requested by the division, including, but not limited to, fingerprints and a photograph; and
(3) Sign and date the record of registration in the presence of an officer or employee of the division.
8. If the division has not previously established a record of registration for [the sex offender:] a sex offender described in subsection 7:
κ1999 Statutes of Nevada, Page 1304 (CHAPTER 310, SB 515)κ
(a) The division shall establish a record of registration for the sex offender and [provide a copy of] forward the record of registration to the central repository;
(b) The central repository shall provide [a copy of the record of registration for] notification concerning the sex offender to the appropriate local law enforcement [agency in whose jurisdiction the sex offender resides;] agencies; and
(c) If the sex offender is subject to community notification and has not otherwise been assigned a level of notification, the division shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.
Sec. 36. NRS 179D.470 is hereby amended to read as follows:
179D.470 1. If a sex offender changes the address at which he resides, including moving from this state to another jurisdiction, or changes the primary address at which he is a student or worker, not later than 48 hours after changing [his] such an address, the sex offender shall provide [his] the new address, in writing, to the division and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment , work, volunteer service or drivers license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.
2. Upon receiving a change of address from a sex offender, the division shall immediately [provide] forward the new address and any updated information to the central repository and:
(a) If the sex offender [is still residing] has changed an address within this state, the central repository shall immediately provide [a copy of the record of registration for] notification concerning the sex offender to the local law enforcement agency in whose jurisdiction the sex offender is now residing or is a student or worker and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided [;] or was a student or worker; or
(b) If the sex offender [moved] has changed an address from this state to another jurisdiction , [that requires registration,] the central repository shall immediately provide [a copy of the record of registration] notification concerning the sex offender to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided [.] or was a student or worker.
Sec. 37. NRS 179D.480 is hereby amended to read as follows:
179D.480 1. Except as otherwise provided in subsections 2 and 5, each year, on the anniversary of the date that the division establishes a record of registration for the sex offender, the central repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.
κ1999 Statutes of Nevada, Page 1305 (CHAPTER 310, SB 515)κ
2. Except as otherwise provided in subsection 5, if a sex offender has been declared to be a sexually violent predator, every 90 days, beginning on the date that the division establishes a record of registration for the sex offender , [is released,] the central repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.
3. A sex offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment , work, volunteer service or drivers license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The central repository shall provide all updated information to the division and to the appropriate local law enforcement [agency in whose jurisdiction the sex offender resides.] agencies.
4. If the central repository does not receive a verification form from a sex offender and otherwise cannot verify the address or location of the sex offender, the central repository shall immediately notify the division and the appropriate local law enforcement [agency in whose jurisdiction the sex offender last resided.] agencies.
5. The central repository is not required to complete the mailing pursuant to subsection 1 or 2 [if the] :
(a) During any period in which a sex offender is incarcerated or confined or has [moved] changed his place of residence from this state to another jurisdiction [.] ; or
(b) For a nonresident sex offender who is a student or worker within this state.
Sec. 38. NRS 179D.490 is hereby amended to read as follows:
179D.490 1. A sex offender shall comply with the provisions for registration for as long as the sex offender resides or is present within this state [,] or is a nonresident sex offender who is a student or worker within this state, unless the duty of the sex offender to register is terminated pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 5, if a sex offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the sex offender may file a petition to terminate his duty to register with the district court in whose jurisdiction he resides [a petition to terminate his duty to register.] or, if he is a nonresident sex offender, in whose jurisdiction he is a student or worker. For the purposes of this subsection, registration begins on the date that the division establishes a record of registration for the sex offender or the date that the sex offender is released, whichever occurs later.
3. If the sex offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the sex offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the sex offender to register.
κ1999 Statutes of Nevada, Page 1306 (CHAPTER 310, SB 515)κ
not likely to pose a threat to the safety of others, the court shall terminate the duty of the sex offender to register.
4. If the court does not terminate the duty of the sex offender to register after a petition is heard pursuant to subsections 2 and 3, the sex offender may file another petition after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.
5. A sex offender may not file a petition to terminate his duty to register pursuant to this section if the sex offender:
(a) Is subject to community notification or to lifetime supervision pursuant to NRS 176.0931;
(b) [Has been convicted of a sexually violent offense; or
(c)] Has been declared to be a sexually violent predator [.] ; or
(c) Has been convicted of:
(1) One or more sexually violent offenses;
(2) Two or more sexual offenses against persons less than 18 years of age;
(3) Two or more crimes against a child, as defined in NRS 179D.210; or
(4) At least one of each offense listed in subparagraphs (2) and (3).
Sec. 39. NRS 179D.550 is hereby amended to read as follows:
179D.550 A sex offender who:
1. Fails to register [;] with a local law enforcement agency or with the division;
2. Fails to notify the division of a change of address;
3. Provides false or misleading information to the division, the central repository or a local law enforcement agency; or
4. Otherwise violates the provisions of NRS 179D.350 to 179D.550, inclusive,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 40. NRS 179D.600 is hereby amended to read as follows:
179D.600 As used in NRS 179D.600 to 179D.800, inclusive, unless the context otherwise requires, the words and terms defined in NRS 179D.610 to 179D.660, inclusive, and section 19 of this act have the meanings ascribed to them in those sections.
Sec. 41. NRS 179D.610 is hereby amended to read as follows:
179D.610 1. Sex offender means a person who, after July 1, 1956, is or has been [convicted] :
(a) Convicted of a sexual offense listed in NRS 179D.620 [.] ; or
(b) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subsection 19 of NRS 179D.620.
2. The term includes, but is not limited to [, a] :
(a) A sexually violent predator.
(b) A nonresident sex offender who is a student or worker within this state.
κ1999 Statutes of Nevada, Page 1307 (CHAPTER 310, SB 515)κ
Sec. 42. NRS 179D.620 is hereby amended to read as follows:
179D.620 Sexual offense means [:] any of the following offenses:
1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030 . [;]
2. Sexual assault pursuant to NRS 200.366 . [;]
3. Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony . [;]
4. Battery with intent to commit sexual assault pursuant to NRS 200.400 . [;]
5. An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section.
6. An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section.
7. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony . [;
6.] 8. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive . [;
7.] 9. Incest pursuant to NRS 201.180 . [;
8.] 10. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony . [;
9.] 11. Open or gross lewdness pursuant to NRS 201.210, if punished as a felony . [;
10.] 12. Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony . [;
11.] 13. Lewdness with a child pursuant to NRS 201.230 . [;
12.] 14. Sexual penetration of a dead human body pursuant to NRS 201.450 . [;
13.] 15. Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony . [;
14.] 16. An attempt to commit an offense listed in subsections 1 to [13,] 15, inclusive, if punished as a felony . [;
15.] 17. An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193 . [; or
16.] 18. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
19. An offense of a sexual nature committed in another jurisdiction and punished as a felony, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense.
κ1999 Statutes of Nevada, Page 1308 (CHAPTER 310, SB 515)κ
register as a sex offender because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
(c) A court having jurisdiction over juveniles.
Sec. 43. NRS 179D.720 is hereby amended to read as follows:
179D.720 1. [The] Except as otherwise provided in subsection 5, the attorney general shall establish guidelines and procedures for assessing the risk of recidivism of each sex offender who resides within this state [.] and each nonresident sex offender who is a student or worker within this state.
2. The guidelines and procedures must identify and incorporate factors relevant to the risk of recidivism of the sex offender, including, but not limited to:
(a) Conditions of release that minimize the risk of recidivism, including probation or parole, counseling, therapy or treatment;
(b) Physical conditions that minimize the risk of recidivism, including advanced age or debilitating illness; and
(c) Any criminal history of the sex offender indicative of a high risk of recidivism, including, but not limited to:
(1) Whether the conduct of the sex offender was found to be characterized by repetitive and compulsive behavior;
(2) Whether the sex offender committed the sexual offense against a child;
(3) Whether the sexual offense involved the use of a weapon, violence or infliction of serious bodily injury;
(4) The number, date and nature of prior offenses;
(5) Whether psychological or psychiatric profiles indicate a risk of recidivism;
(6) The response of the sex offender to treatment;
(7) Any recent threats against a person or expressions of intent to commit additional crimes; and
(8) Behavior while confined.
[2.] 3. The assessment of the risk of recidivism of a sex offender may be based upon information concerning the sex offender obtained from agencies of this state and agencies from other jurisdictions.
[3.] 4. Each person who is conducting the assessment must be given access to all records of the sex offender that are necessary to conduct the assessment, and the sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the assessment.
5. The attorney general may provide in the guidelines and procedures for a provisional waiver of the assessment of the risk of recidivism of any nonresident sex offender who is not likely to be a student or worker within this state for more than 30 consecutive days and who is not likely to pose a substantial threat to the safety of the public. If a nonresident sex offender is granted such a provisional waiver, the nonresident sex offender:
(a) Shall be deemed to be assigned provisionally a Tier 1 level of notification; and
κ1999 Statutes of Nevada, Page 1309 (CHAPTER 310, SB 515)κ
(b) May be assessed and assigned any other level of notification pursuant to the provisions of NRS 179D.600 to 179D.800, inclusive, and the guidelines and procedures for community notification established by the attorney general if, at any time during the period of the provisional waiver, there is any cause to believe that the nonresident sex offender will be a student or worker within this state for an extended period or that he poses a threat to the safety of the public.
Sec. 44. NRS 179D.730 is hereby amended to read as follows:
179D.730 1. Except as otherwise provided in this section, the guidelines and procedures for community notification established by the attorney general must provide for the following levels of notification, depending upon the risk of recidivism of the sex offender:
(a) If the risk of recidivism is low, the sex offender must be assigned a Tier 1 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall notify other law enforcement agencies that are likely to encounter the sex offender.
(b) If the risk of recidivism is moderate, the sex offender must be assigned a Tier 2 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall provide notification pursuant to paragraph (a) and shall notify schools and religious and youth organizations that are likely to encounter the sex offender.
(c) If the risk of recidivism is high, the sex offender must be assigned a Tier 3 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall provide notification pursuant to paragraphs (a) and (b) and shall notify the public through means designed to reach members of the public who are likely to encounter the sex offender.
2. If the sex offender is assigned a Tier 2 or Tier 3 level of notification and the sex offender has committed a sexual offense against a person less than 18 years of age, the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall provide the appropriate notification for Tier 2 or Tier 3 and, in addition, shall notify:
(a) Motion picture theaters, other than adult motion picture theaters, which are likely to encounter the sex offender; and
(b) Businesses which are likely to encounter the sex offender and which primarily have children as customers or conduct events that primarily children attend.
Notification pursuant to this subsection must include a copy of a photograph of the sex offender. As used in paragraph (a), adult motion picture theater has the meaning ascribed to it in NRS 278.0221.
3. If the sex offender has been declared to be a sexually violent predator, the sex offender must be assigned a Tier 3 level of notification.
Sec. 45. NRS 179D.750 is hereby amended to read as follows:
179D.750 1. [If] Except as otherwise provided in subsection 5 of NRS 179D.720, if a sex offender has been assigned a level of notification pursuant to NRS 179D.600 to 179D.800, inclusive, and the sex offender:
(a) Is convicted of an offense that poses a threat to the safety or well-being of others;
κ1999 Statutes of Nevada, Page 1310 (CHAPTER 310, SB 515)κ
(b) Annoys, harasses, threatens or intimidates a victim of one of his sexual offenses; or
(c) Commits an overt act which is sexually motivated or involves the use or threatened use of force or violence and which causes harm or creates a reasonable apprehension of harm,
the level of notification assigned to the sex offender may be changed in accordance with the guidelines and procedures established by the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.
2. As used in this section:
(a) Sexual offense includes, but is not limited to, a sexual offense punishable as a misdemeanor or gross misdemeanor.
(b) Sexually motivated means that one of the purposes for which the person committed the act was his sexual gratification.
Sec. 46. NRS 179D.760 is hereby amended to read as follows:
179D.760 1. Except as otherwise provided in subsection 6, if a sex offender is subject to community notification for an interval of at least 10 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the sex offender may petition the attorney general for a reassessment of his risk of recidivism.
2. If the sex offender satisfies the requirements of subsection 1, the attorney general shall arrange for a reassessment. The reassessment must be conducted in the same manner as an assessment of the risk of recidivism.
3. If the sex offender is assigned a Tier 1 level of notification before the reassessment is conducted, the sex offender may be:
(a) Reassigned the Tier 1 level of notification that he is currently assigned; or
(b) Relieved from being subject to community notification.
4. If the sex offender is assigned a Tier 2 or Tier 3 level of notification before the reassessment is conducted, the sex offender may be:
(a) Reassigned the level of notification that he is currently assigned; or
(b) Reassigned a level of notification that is one tier below the level of notification that he is currently assigned.
5. After receiving a reassessment pursuant to subsections 1 and 2, the sex offender may file another petition for a reassessment after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.
6. If a sex offender has been declared to be a sexually violent predator, the sex offender may not receive a reassessment pursuant to the provisions of this section . [until the court in which he was sentenced determines that he is no longer a sexually violent predator pursuant to NRS 179D.520.]
Sec. 47. NRS 179D.770 is hereby amended to read as follows:
179D.770 The law enforcement agency in whose jurisdiction a sex offender resides or is a student or worker shall disclose information regarding the sex offender to the appropriate persons pursuant to the guidelines and procedures established by the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.
Sec. 48. NRS 62.560 is hereby amended to read as follows:
62.560 Except as otherwise provided in subsection 3 of NRS 62.600, the provisions of NRS 62.500 to 62.600, inclusive, do not apply to a child who is subject to registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive, [because he has been convicted of a sexual offense, as defined in NRS 179D.410, as an adult] before reaching 21 years of age.
κ1999 Statutes of Nevada, Page 1311 (CHAPTER 310, SB 515)κ
subject to registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive, [because he has been convicted of a sexual offense, as defined in NRS 179D.410, as an adult] before reaching 21 years of age.
Sec. 49. NRS 62.600 is hereby amended to read as follows:
62.600 1. The records relating to a child must not be sealed pursuant to the provisions of NRS 62.370 while the child is subject to community notification as a juvenile sex offender.
2. Except as otherwise provided in NRS 62.345, if [the] a child is relieved of being subject to community notification as a juvenile sex offender pursuant to NRS 62.590, all records relating to the child must be automatically sealed when the child reaches 24 years of age as provided in subsection 4 of NRS 62.370.
3. If [the] a child is deemed to be an adult sex offender pursuant to NRS 62.590 [or is otherwise] , is convicted of a sexual offense, as defined in NRS 179D.410, [as an adult] before reaching 21 years of age or is otherwise subject to registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of age:
(a) The records relating to the child must not be sealed pursuant to the provisions of NRS 62.370; and
(b) Each delinquent act committed by the child that would have been a sexual offense, as defined in NRS 179D.410 if committed by an adult, shall be deemed to be a criminal conviction for the purposes of:
(1) Registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive; and
(2) The statewide registry established within the central repository pursuant to chapter 179B of NRS.
Sec. 50. NRS 179D.520 is hereby repealed.
Sec. 51. The amendatory provisions of sections 28 and 39 of this act do not apply to offenses committed before the effective date of this act.
Sec. 52. This act becomes effective upon passage and approval.
________
Senate Bill No. 522Committee on Taxation
CHAPTER 311
AN ACT relating to taxation; requiring strict construction of certain provisions governing the imposition of sales and use taxes; and providing other matters properly relating thereto.
[Approved May 25, 1999]
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:
The imposition of taxes by this chapter, the categories of transactions upon which taxes are imposed and the specification of exemptions are exclusive. The tax commission and the department shall not construe any provision of this chapter to authorize the imposition of a tax imposed by this chapter upon any transaction not expressly made taxable by this chapter.
κ1999 Statutes of Nevada, Page 1312 (CHAPTER 311, SB 522)κ
provision of this chapter to authorize the imposition of a tax imposed by this chapter upon any transaction not expressly made taxable by this chapter.
Sec. 2. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:
The imposition of taxes by this chapter, the categories of transactions upon which taxes are imposed and the specification of exemptions are exclusive. The Nevada tax commission and the department shall not construe any provision of this chapter to authorize the imposition of a tax imposed by this chapter upon any transaction not expressly made taxable by this chapter.
________
Senate Bill No. 455Committee on Government Affairs
CHAPTER 312
AN ACT relating to local governments; revising the manner in which the revenue from certain fees for business licenses is calculated; revising the provisions for increasing certain taxes or fees on private enterprises; providing additional notification for certain types of changes in fees imposed upon private enterprises; authorizing a county or city to impose a tax or a fee upon a business under certain circumstances; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.5989 is hereby amended to read as follows:
354.5989 1. A local government shall not increase any fee for a business license or adopt a fee for a business license issued for revenue or regulation, or both, except as permitted by this section. This prohibition does not apply to fees:
(a) Imposed by hospitals, county airports, airport authorities, convention authorities, the Las Vegas Valley Water District or the Clark County Sanitation District;
(b) Imposed on public utilities for the privilege of doing business pursuant to a franchise;
(c) For business licenses which are calculated as a fraction or percentage of the gross revenue of the business;
(d) Imposed pursuant to NRS 244.348, 268.0973, 268.821 or 269.182; or
(e) Regulated pursuant to NRS 354.59881 to 354.59889, inclusive.
2. The amount of revenue the local government derives or is allowed to derive, whichever is greater, from all fees for business licenses except [those] :
(a) The fees excluded by subsection 1, for the fiscal year ended on June 30, 1991 [,] ; and
(b) The fees collected for a particular type of business during the immediately preceding fiscal year ending on June 30 that a local government will not collect in the next subsequent fiscal year,
κ1999 Statutes of Nevada, Page 1313 (CHAPTER 312, SB 455)κ
is the base from which the maximum allowable revenue from such fees must be calculated for the next subsequent fiscal year. To the base must be added the sum of the amounts respectively equal to the product of the base multiplied by the percentage increase in the population of the local government added to the percentage increase in the Consumer Price Index for the year ending on December 31 next preceding the year for which the limit is being calculated. The amount so determined becomes the base for computing the allowed increase for each subsequent year.
3. A local government may not increase any fee for a business license which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding fiscal year by more than the increase in the Consumer Price Index during that preceding calendar year. The provisions of this subsection do not apply to a fee imposed pursuant to NRS 244.348, 268.0973, 268.821 or 269.182, or regulated pursuant to NRS 354.59881 to 354.59889, inclusive.
4. A local government may submit an application to increase its revenue from fees for business licenses beyond the amount allowable [under] pursuant to this section to the Nevada tax commission, which may grant the application only if it finds that [:
(a) Emergency conditions exist which impair the ability of the local government to perform the basic functions for which it was created; or
(b) The] the rate of a business license of the local government is substantially below that of other local governments in the state.
5. The provisions of this section apply to a business license regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of the provisions of this section is void.
6. As used in this section, fee for a business license does not include a tax imposed on the revenues from the rental of transient lodging.
Sec. 2. NRS 364.200 is hereby amended to read as follows:
364.200 1. An ordinance adopted by a city or county after July 1, 1997, which imposes or increases a tax or fee on a private enterprise that is measured by the income or revenue of the enterprise, including, without limitation, any fee imposed for the regulation and licensing of a business or occupation, must include a statement of:
(a) The need for and purpose of the ordinance.
(b) The intended use for the revenue to be obtained pursuant to the ordinance.
2. An agenda that proposes such an ordinance must include a statement indicating whether the proposed ordinance establishes a new tax or fee, or increases an existing tax or fee.
3. If a city or county wishes to change a tax or fee on a private enterprise that is not a tax or fee that is measured by the income or revenue of the enterprise to a tax or fee that is measured by the income or revenue of the enterprise, the city or county must send a written notice, at least 14 days before the adoption of the ordinance that changes a tax or fee on a private enterprise to a tax or fee that is measured by the income or revenue of the enterprise, to each enterprise to which the ordinance will apply.
κ1999 Statutes of Nevada, Page 1314 (CHAPTER 312, SB 455)κ
Sec. 3. NRS 365.210 is hereby amended to read as follows:
365.210 1. No county, city or other political subdivision or municipal corporation may levy or collect any excise, privilege or occupation tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel, fuel for jet or turbine-powered aircraft or any other inflammable or combustible liquids except:
(a) The county motor vehicle fuel tax authorized by chapter 373 of NRS.
(b) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(c) A tax on aviation fuel authorized by NRS 365.203.
(d) Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.
(e) A tax or fee imposed upon a business by a county or city that is authorized by law, except as otherwise provided in subsection 2 or pursuant to subsection 1 of NRS 364.210.
2. After March 25, 1991, no county, city or other political subdivision or municipal corporation responsible for the operation of an airport may impose a new tax or fee upon the sale or distribution of fuel for jet or turbine-powered aircraft except:
(a) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(b) Any fuel flowage fee imposed upon aircraft or organizations servicing aircraft in lieu of rent for use of the terminal, landing fees or other airport charges.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 440Committee on Commerce and Labor
CHAPTER 313
AN ACT relating to telecommunication services; providing for the alternative regulation of incumbent local exchange carriers; providing for the reclassification of basic network services provided by such carriers; requiring the public utilities commission of Nevada to establish standards of performance and reporting relating to the provision of local telecommunication services; providing an expedited procedure to resolve certain disputes between providers of telecommunication services; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.
Sec. 2. As used in sections 2 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Affected person means:
1. A public utility affected by an action of an electing carrier or an action of the commission relating to an electing carrier;
κ1999 Statutes of Nevada, Page 1315 (CHAPTER 313, SB 440)κ
2. A person whose utility service or rates are affected by an action of an electing carrier or an action of the commission relating to an electing carrier;
3. A competitive supplier; or
4. The bureau of consumer protection in the office of the attorney general.
Sec. 4. Basic network service means the provision of any of the following services, unless the service has been reclassified as a competitive, discretionary or other essential service by the commission pursuant to section 16 of this act:
1. Farmer line service;
2. Flat rate service for residential lines;
3. Measured rate service for residential lines;
4. Flat rate service for residential trunk lines;
5. Flat rate service for business lines;
6. Measured rate service for business lines;
7. Flat rate service for business trunk lines;
8. Measured rate service for business trunk lines;
9. Suburban service access lines;
10. Toll station service access lines;
11. Universal lifeline service access lines;
12. Access to emergency 911 service; and
13. The first single-line directory listing.
Sec. 5. Competitive service means:
1. Any telecommunications service which is classified as a competitive service or a nonregulated service by regulation of the commission, or which is reclassified as a competitive service pursuant to section 16 of this act; and
2. The intraLATA toll services of an electing carrier.
Sec. 6. Competitive supplier means a person who:
1. Is a competitor of an electing carrier with respect to a service performed by the electing carrier; or
2. Wants to enter into competition with an electing carrier.
Sec. 7. Discretionary service means any telecommunications service which is not otherwise classified as a basic network service, a competitive service or any other essential service, or which is reclassified as a discretionary service pursuant to section 16 of this act.
Sec. 8. Electing carrier means an incumbent local exchange carrier regulated under an alternative plan of regulation pursuant to NRS 704.040 that has elected also to be regulated pursuant to sections 2 to 22, inclusive, of this act by filing with the commission a statement pursuant to section 13 of this act.
Sec. 9. Incumbent local exchange carrier has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.
Sec. 10. Local area of transport and access or LATA means an area within which a provider of telecommunication services may operate pursuant to the order in United States v. American Telephone and Telegraph Co.,
κ1999 Statutes of Nevada, Page 1316 (CHAPTER 313, SB 440)κ
Telegraph Co., 552 F. Supp. 131 (D.C. 1982). The term is equivalent to local access and transport area as used in that order.
Sec. 11. Other essential service means any telecommunications service that is classified as other essential service by regulation of the commission.
Sec. 12. Price floor means the minimum price of a service using cost-based standards as determined by the commission by regulation.
Sec. 13. An incumbent local exchange carrier that is regulated under an alternative plan of regulation pursuant to NRS 704.040 may elect also to be regulated pursuant to sections 2 to 22, inclusive, of this act by filing with the commission a statement of its election to be so regulated.
Sec. 14. 1. An electing carrier is not subject to any review of earnings, monitoring of the rate base, or any other regulation by the commission relating to the net income or rate of return of the electing carrier, unless the electing carrier files with the commission a request to:
(a) Terminate its participation in the alternative plan of regulation pursuant to NRS 704.040; or
(b) Continue its participation in the alternative plan of regulation pursuant to NRS 704.040.
2. Except as otherwise provided in subsection 1, the commission shall not consider the rate of return, rate base or any other earnings of the electing carrier in connection with any change in rates.
3. Except for an electing carrier that files a request with the commission pursuant to subsection 1, the commission shall not decrease the rate of a basic network service provided by the electing carrier unless the electing carrier agrees to the decrease in the rate.
4. Except for a telecommunications service reclassified pursuant to section 16 of this act, or except where an electing carrier elects to continue participation in an alternative plan of regulation pursuant to paragraph (b) of subsection 1, an electing carrier shall not increase any rate that the electing carrier charges for basic network services.
5. Except for universal service support for lifeline or link-up services provided pursuant to 47 U.S.C. § 214 or as otherwise determined by the commission, an electing carrier is not eligible to receive money from the fund created pursuant to subsection 7 of NRS 704.040.
Sec. 15. Nothing in sections 2 to 22, inclusive, of this act authorizes an electing carrier, without the approval of the commission, to discontinue or otherwise change the terms and conditions relating to the provision of the basic network services identified in subsections 1 to 4, inclusive, of section 4 of this act, as set forth in the tariffs of the electing carrier that are in effect on October 1, 1999.
Sec. 16. 1. The commission may, at any time, upon its own motion or that of any person, reclassify a basic network service, except access to emergency 911 service.
2. The commission shall establish by regulation criteria for determining whether a service should be reclassified, except that the commission shall not adopt criteria for determining whether a service should be reclassified that would deny a request to reclassify a basic network service to another classification of service within an exchange where a competitive supplier operates and provides that service, on the basis that there is not a competitive supplier of that service in any other portion of the state.
κ1999 Statutes of Nevada, Page 1317 (CHAPTER 313, SB 440)κ
where a competitive supplier operates and provides that service, on the basis that there is not a competitive supplier of that service in any other portion of the state.
Sec. 17. 1. An electing carrier may, pursuant to this section and in accordance with section 20 of this act, exercise flexibility in the pricing of:
(a) Competitive services and discretionary services. The commission shall not specify a maximum rate for any competitive services or discretionary services of the electing carrier. The electing carrier shall, with regard to any competitive or discretionary service that it provides, set the price of that service above the price floor of the service.
(b) A package of services, which may include basic network services, competitive services, discretionary services and other essential services.
2. Except as otherwise provided in this subsection, an electing carrier may, upon 30-days notice to the commission in writing, exercise flexibility in the pricing of its services pursuant to subsection 1 and is exempt, with respect to the pricing of its services, from the provisions of NRS 704.110 and the regulations of the commission relating thereto. The notice must include a description in reasonable detail of:
(a) The characteristics of the services that will be subject to flexibility in pricing;
(b) The terms and conditions applicable to the services;
(c) The nature of any limitations on the duration or geographical availability of the services;
(d) The price or prices of the services or packages of services; and
(e) A certificate which provides that the electing carrier has prepared a cost study of the price floor to support the price or prices for each service and that, on and after the date on which the notice is filed with the commission, any affected person may, upon request, inspect and copy the cost study, subject to reasonable terms and conditions of any applicable confidentiality and nondisclosure agreement relating to the services.
The notice requirements of this subsection do not apply to an electing carrier with respect to the pricing of competitive services or for packages comprised exclusively of competitive services.
3. The price for a package of services must not be lower than the lesser of:
(a) The sum of the price floors for each of the services contained in the package; or
(b) The sum of the prices of the basic network services, as set forth in the tariffs of the electing carrier, and the price floors for each of the other services contained in the package.
4. The commission shall not specify a maximum rate for a package of services.
5. Each of the services included in a package pursuant to paragraph (b) of subsection 1 must be made available on an individual basis.
Sec. 18. An electing carrier may establish promotional price reductions for services upon a 1-day notice to the commission. The promotional price reduction for a service may be offered for not more than 90 days during any 12 consecutive months and must be given in all geographic areas served by the electing carrier, where facilities permit, on a nondiscriminatory basis during the 12-month period.
κ1999 Statutes of Nevada, Page 1318 (CHAPTER 313, SB 440)κ
geographic areas served by the electing carrier, where facilities permit, on a nondiscriminatory basis during the 12-month period.
Sec. 19. 1. An electing carrier may introduce new services upon 30-days notice to the commission in writing. The notice must include a description in reasonable detail of:
(a) The characteristics of each new service;
(b) The terms and conditions applicable to each new service;
(c) The nature of any limitations on the duration or geographical availability of each new service;
(d) The price or prices of each new service; and
(e) A certificate that provides that the electing carrier has prepared a cost study of the price floor to support the price or prices for each new service and that, on and after the date on which the notice is filed with the commission, any affected person may, upon request, inspect and copy the cost study, subject to reasonable terms and conditions of any applicable confidentiality and nondisclosure agreement.
2. Each new service is subject to the conditions set forth in section 17 of this act.
3. Each new service is exempt from NRS 704.110 and the regulations of the commission relating thereto.
4. Unless otherwise classified by the commission as a competitive service pursuant to its regulations, a new service must be classified as a discretionary service for which the commission shall not specify a maximum rate. The electing carrier shall set the price of the new service above the price floor of the service.
5. As used in this section, a new service means a telecommunications service:
(a) That provides a function, feature or capability which is materially different from any service or services previously offered by the carrier; or
(b) Combines two or more previously provided new services.
Sec. 20. The rates charged by an electing carrier for services, except for competitive services, must be geographically averaged throughout the service territory in which the electing carrier is the provider of last resort, as determined pursuant to regulations adopted by the commission, or within such other smaller geographic area as the commission deems appropriate to balance the interests of all customers and providers.
Sec. 21. The intrastate access prices charged by an electing carrier must not exceed the interstate access prices charged by the electing carrier as authorized by the Federal Communications Commission for corresponding elements, and any resulting reductions must be offset on a revenue-neutral basis with adjustments to other essential retail services subject to regulation by the commission.
Sec. 22. The provisions of sections 2 to 22, inclusive, of this act do not:
1. Apply to the commission in connection with any actions or decisions required or permitted by the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or
κ1999 Statutes of Nevada, Page 1319 (CHAPTER 313, SB 440)κ
2. Limit or modify the duties of an electing carrier to a competitive supplier regarding the provision of network interconnection, unbundled network elements and resold services under the provisions of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161.
Sec. 23. The commission shall, by regulation:
1. Establish standards of performance and reporting regarding the provision of interconnection, unbundled network elements and resold services, which encourage competition and discourage discriminatory conduct in the provision of local telecommunication services; and
2. Notwithstanding the provisions of NRS 703.320 to the contrary,
establish penalties and expedited procedures for imposing penalties upon a provider of telecommunication services for actions that are inconsistent with the standards established by the commission pursuant to subsection 1. Such penalties may include financial payment to the complaining provider of telecommunication services for a violation of the standards established by the commission pursuant to subsection 1, provided that any penalty paid must be deducted, with interest, from any other award under any other judicial or administrative procedure for the same conduct in the same reporting period. Any penalty imposed pursuant to this subsection is in lieu of the civil penalties set forth in NRS 703.380 and must be:
(a) Imposed for violating a standard or standards established by regulations of the commission pursuant to subsection 1;
(b) Determined by the commission to further the goal of encouraging competition or discouraging discriminatory conduct; and
(c) In an amount reasonable to encourage competition or discourage discriminatory conduct.
Sec. 24. Notwithstanding the provisions of NRS 703.310 and 703.320, the commission shall establish by regulation expedited procedures for complaints filed by a provider of telecommunication services against another provider of telecommunication services for any dispute arising under chapter 703 or 704 of NRS, including specific procedures for interim relief that may include a preliminary decision by a single commissioner except as to the imposition of monetary penalties.
Sec. 25. Any judicial review of a decision by the commission pursuant to sections 23 and 24 of this act must be made in accordance with NRS 703.373 to 703.376, inclusive.
Sec. 26. The provisions of sections 23 to 26, inclusive, of this act must not be construed to exempt providers of telecommunication services from any other applicable statute of this state or the United States relating to consumer and antitrust protections. The exemption provided in paragraph (c) of subsection 3 of NRS 598A.040 does not apply to conduct of, or actions taken by, a provider of telecommunication services in violation of the standards established pursuant to subsection 1 of section 23 of this act.
Sec. 27. NRS 704.640 is hereby amended to read as follows:
704.640 [Any] Except as otherwise provided in sections 23 to 26, inclusive, of this act, any person who:
1. Operates any public utility to which NRS 704.005 to 704.751, inclusive, and sections 23 to 26, inclusive, of this act, and NRS 704.993 to 704.999, inclusive, apply without first obtaining a certificate of public convenience and necessity or in violation of its terms;
κ1999 Statutes of Nevada, Page 1320 (CHAPTER 313, SB 440)κ
704.999, inclusive, apply without first obtaining a certificate of public convenience and necessity or in violation of its terms;
2. Fails to make any return or report required by NRS 704.005 to 704.751, inclusive, and sections 23 to 26, inclusive, of this act, and NRS 704.993 to 704.999, inclusive, or by the commission pursuant to NRS 704.005 to 704.751, inclusive, and sections 23 to 26, inclusive, of this act, and NRS 704.993 to 704.999, inclusive;
3. Violates, or procures, aids or abets the violating of any provision of NRS 704.005 to 704.751, inclusive, and sections 23 to 26, inclusive, of this act, and NRS 704.993 to 704.999, inclusive;
4. Fails to obey any order, decision or regulation of the commission;
5. Procures, aids or abets any person in his failure to obey the order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself out to perform as a public utility in violation of any of the provisions of NRS 704.005 to 704.751, inclusive, and sections 23 to 26, inclusive, of this act, and NRS 704.993 to 704.999, inclusive,
shall be fined not more than $500.
Sec. 28. Section 27 of this act is hereby amended to read as follows:
Sec. 27. NRS 704.640 is hereby amended to read as follows:
704.640 Except as otherwise provided in sections 23 to 26, inclusive, of this act, any person who:
1. Operates any public utility to which NRS 704.005 to 704.751, inclusive, and sections [23] 2 to 26, inclusive, of this act, and NRS 704.993 to 704.999, inclusive, apply without first obtaining a certificate of public convenience and necessity or in violation of its terms;
2. Fails to make any return or report required by NRS 704.005 to 704.751, inclusive, and sections [23] 2 to 26, inclusive, of this act, and NRS 704.993 to 704.999, inclusive, or by the commission pursuant to NRS 704.005 to 704.751, inclusive, and sections [23] 2 to 26, inclusive, of this act, and NRS 704.993 to 704.999, inclusive;
3. Violates, or procures, aids or abets the violating of any provision of NRS 704.005 to 704.751, inclusive, and sections [23] 2 to 26, inclusive, of this act, and NRS 704.993 to 704.999, inclusive;
4. Fails to obey any order, decision or regulation of the commission;
5. Procures, aids or abets any person in his failure to obey the order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself out to perform as a public utility in violation of any of the provisions of NRS 704.005 to 704.751, inclusive, and sections [23] 2 to 26, inclusive, of this act, and NRS 704.993 to 704.999, inclusive,
shall be fined not more than $500.
Sec. 29. 1. This section and sections 1 and 23 to 27, inclusive, of this act become effective upon passage and approval.
2. Sections 2 to 22, inclusive, and 28 of this act become effective on October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1321κ
Senate Bill No. 523Committee on Taxation
CHAPTER 314
AN ACT relating to property taxes; providing that a local government is exempt from paying delinquent taxes on certain property held in trust by the county treasurer that is transferred to the local government for use as open-space real property; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.603 is hereby amended to read as follows:
361.603 1. Any local government or the University and Community College System of Nevada may, in the manner provided in this section, acquire property held in trust by the treasurer of the county in which the local government or any part of the system is located by virtue of any deed made pursuant to the provisions of this chapter.
2. Whenever any local government or the University and Community College System of Nevada determines that a public purpose may be served by the acquisition of the property, it may make application to the board of county commissioners for permission to acquire the property. If the board of county commissioners approves the application, it shall direct the county treasurer to give notice of intent to sell to the last known owner or heirs or devisees of the last known owner of the property in the manner provided by law.
3. The last known owner may, within 90 days [of] after the notice, redeem the property by paying to the treasurer the amount of the delinquent taxes, plus penalties, interest and costs.
4. If the owner fails to redeem the property within the time allowed, the county treasurer shall transfer the property to the local government or the board of regents of the University of Nevada upon receiving from it the amount of the delinquent taxes, except as otherwise provided in subsection 5.
5. If property is so transferred to a local government for street, sewer or drainage uses , [or] for use in a program for the rehabilitation of abandoned residential properties established by the local government pursuant to chapter 279B of NRS, or for use as open-space real property as designated in a city, county or regional comprehensive plan, the delinquent taxes need not be paid.
6. As used in this section, open-space real property has the meaning ascribed to it in NRS 361A.040.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1322κ
Senate Bill No. 512Committee on Judiciary
CHAPTER 315
AN ACT relating to marriage; authorizing a justice of the peace and municipal judge to accept certain gifts in connection with solemnizing a marriage; authorizing a county clerk to charge fees for correcting certain errors in marriage licenses and certificates of marriage and for replacing certain certificates of marriage that have been lost or destroyed; authorizing a county recorder to charge fees for correcting certain errors in certificates of marriage; establishing fees for recording corrected certificates of marriage with the county recorder; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 122 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, if any information in a marriage license is incorrect, the county clerk may charge and collect from a person a fee of not more than $25 for the preparation of an affidavit of correction.
2. The county clerk may not charge and collect from a person any fee for the preparation of an affidavit of correction pursuant to subsection 1 if the only errors to be corrected in the marriage license are clerical errors that were made by the county clerk.
3. All fees collected by the county clerk pursuant to this section must be deposited in the county general fund.
Sec. 3. 1. Except as otherwise provided in subsection 2, if any information in a certificate of marriage is incorrect, the county clerk or the county recorder may charge and collect from a person a fee of not more than $25 for the preparation of an affidavit of correction.
2. Neither the county clerk nor the county recorder may charge and collect from a person any fee for the preparation of an affidavit of correction pursuant to subsection 1 if the only errors to be corrected in the certificate of marriage are clerical errors that were made by the county clerk.
3. Whether or not a person is required to pay any fee for the preparation of an affidavit of correction pursuant to subsection 1:
(a) The county clerk shall charge and collect from the person a fee in an amount equal to the amount that the county recorder is required to charge and collect pursuant to NRS 247.305 and shall pay the fee over to the county recorder as his fee for recording the corrected certificate of marriage; or
(b) The county recorder shall charge and collect from the person the fee set forth in NRS 247.305 for recording the corrected certificate of marriage.
4. All fees collected pursuant to this section must be deposited in the county general fund.
κ1999 Statutes of Nevada, Page 1323 (CHAPTER 315, SB 512)κ
Sec. 4. NRS 122.080 is hereby amended to read as follows:
122.080 1. After receipt of the marriage license previously issued to persons wishing to be married as provided in NRS 122.040 and 122.050, it is lawful for any justice of the supreme court, any judge of the district court, any justice of the peace in his township if it is not a commissioner township, any justice of the peace in a commissioner township if authorized pursuant to subsection 3, any municipal judge if authorized pursuant to subsection 4, any commissioner of civil marriages within his county and within a commissioner township therein, or any deputy commissioner of civil marriages within the county of his appointment and within a commissioner township therein, to join together as husband and wife all persons not prohibited by this chapter.
2. This section does not prohibit:
(a) A justice of the peace of one township, while acting in the place and stead of the justice of the peace of any other township, from performing marriage ceremonies within the other township, if such other township is not a commissioner township.
(b) A justice of the peace of one township performing marriages in another township of the same county where there is no duly qualified and acting justice of the peace, if such other township is not a commissioner township or if he is authorized to perform the marriage pursuant to subsection 3.
3. In any calendar year, a justice of the peace may perform not more than 20 marriage ceremonies in commissioner townships if he does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage [.] other than a nonmonetary gift that is of nominal value.
4. In any calendar year, a municipal judge may perform not more than 20 marriage ceremonies in this state if he does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage [.] other than a nonmonetary gift that is of nominal value.
5. Any justice of the peace who performs a marriage ceremony in a commissioner township or any municipal judge who performs a marriage ceremony in this state and who , in violation of this section, accepts any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage is guilty of a misdemeanor.
Sec. 5. NRS 122.130 is hereby amended to read as follows:
122.130 1. [Every] Each person who solemnizes a marriage shall make a record of it [,] and , within 10 days after the marriage , shall deliver to the county recorder of the county where the license was issued a copy of the certificate of marriage required by NRS 122.120.
2. If the copy of the certificate of marriage that is held by the person who solemnizes the marriage is lost or destroyed before it is delivered to the county recorder pursuant to subsection 1, the county clerk may charge and collect from the person who solemnizes the marriage a fee of not more than $15 for the preparation of an affidavit of loss or destruction and the issuance of a replacement certificate. All fees collected by the county clerk pursuant to this subsection must be deposited in the county general fund.
κ1999 Statutes of Nevada, Page 1324 (CHAPTER 315, SB 512)κ
3. All copies of certificates must be recorded by the county recorder in a book to be kept by him for that purpose. For recording the copies [he] , the county recorder is entitled to the fees designated in subsection 2 of NRS 122.060 [.] and subsection 3 of section 3 of this act. All such fees must be deposited in the county general fund.
________
Assembly Bill No. 204Committee on Commerce and Labor
CHAPTER 316
AN ACT relating to nursing; eliminating the civil liability of members of the state board of nursing under certain circumstances; revising the definitions of nursing assistant, practice of practical nursing and practice of professional nursing; making various changes concerning disciplinary action against a licensee or a holder of a certificate; increasing the permissible fees that may be charged by the board; revising provisions governing the approval of schools of nursing; and providing other matters properly relating thereto.
[Approved May 25, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Approved school of nursing means a school of nursing that is approved by the board as meeting the standards for nursing education established by the board pursuant to NRS 632.430 to 632.470, inclusive.
Sec. 3. System for the delivery of health care means a licensed medical facility as defined in NRS 449.0151, or other organization that provides organized nursing services.
Sec. 4. A member of the board or an employee or agent of the board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the board pursuant to the provisions of this chapter.
Sec. 5. NRS 632.010 is hereby amended to read as follows:
632.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 632.011 to 632.019, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 632.011 is hereby amended to read as follows:
632.011 Accredited school of nursing means a school of nursing which is accredited by [the board or another body or] a nationally recognized association or an agency authorized by law to accredit or approve schools of nursing in the state in which the school is located.
Sec. 7. 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 , [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.] the rights of patients.
κ1999 Statutes of Nevada, Page 1325 (CHAPTER 316, AB 204)κ
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. 8. (Deleted by amendment.)
Sec. 9. NRS 632.017 is hereby amended to read as follows:
632.017 Practice of practical nursing means the performance [for compensation] of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, an advanced practitioner of nursing, a licensed physician, a licensed dentist or a licensed podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.
Sec. 10. NRS 632.018 is hereby amended to read as follows:
632.018 Practice of professional nursing means the performance [for compensation] of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, in the administration of medications and treatments as prescribed by an advanced practitioner of nursing, a licensed physician, a licensed dentist or a licensed podiatric physician, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.
Sec. 11. NRS 632.080 is hereby amended to read as follows:
632.080 1. The compensation of the members of the board must be fixed by the board, but may not exceed $80 for each day spent by each member in the discharge of his official duties.
2. [The compensation of the members of the advisory council on continuing education for nurses must be fixed by the board, but may not exceed $60 for each day spent by each member in the discharge of his official duties.
3.] While engaged in the discharge of his official duties, each member and employee of the board [and each member of the advisory committee on continuing education] is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.
[4.] 3. All compensation, per diem allowances and travel expenses of the members and employees of the board [and members of the advisory council on continuing education] must be paid out of the money of the board.
Sec. 12. NRS 632.100 is hereby amended to read as follows:
632.100 1. The board shall make and keep a [full and] complete record of all its proceedings, including [a] , without limitation:
(a) A file of all applications for licenses and certificates under this chapter, together with the action of the board upon each application [, and including a] ;
(b) A register of all nurses licensed and all nursing assistants certified in this state [.] ; and
(c) Documentation of any disciplinary action taken by the board against a licensee or holder of a certificate.
κ1999 Statutes of Nevada, Page 1326 (CHAPTER 316, AB 204)κ
2. The board shall maintain in its main office a public docket or other record in which it shall record, from time to time as made, the rulings or decisions upon all complaints filed with it, and all investigations instituted by it in the first instance, upon or in connection with which any hearing has been had, or in which the licensee or holder of a certificate charged has made no defense.
3. At least semiannually, the board shall publish a list of the names [and addresses of persons licensed or certified by it under the provisions of this chapter, and] of all applicants [,] whose applications were denied within the immediately preceding year and all licensees and holders of certificates [whose licenses or certificates have been refused, suspended or revoked within 1] who were the subject of disciplinary action within the immediately preceding year, together with such other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public.
Sec. 13. NRS 632.120 is hereby amended to read as follows:
632.120 1. The board shall:
(a) Adopt regulations establishing reasonable standards:
(1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to practice professional or practical nursing [.] or a certificate to practice as a nursing assistant.
(2) Of professional conduct for the practice of nursing.
(3) For prescribing and dispensing controlled substances and dangerous drugs in accordance with applicable statutes.
(b) Prepare and administer examinations for the issuance of a license or certificate under this chapter.
(c) Investigate and determine the eligibility of an applicant for a license or certificate under this chapter.
(d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.
2. The board may adopt regulations establishing reasonable:
(a) Qualifications for the issuance of a license or certificate under this chapter.
(b) Standards for the continuing professional competence of licensees [.] or holders of a certificate. The board may evaluate licensees or holders of a certificate periodically for compliance with those standards.
3. The board may adopt regulations establishing a schedule of reasonable fees and charges, in addition to those set forth in NRS 632.345, for:
(a) Investigating licensees or holders of a certificate and applicants for a license or certificate under this chapter;
(b) Evaluating the professional competence of licensees [;] or holders of a certificate;
(c) Conducting hearings pursuant to this chapter;
(d) Duplicating and verifying records of the board; and
(e) Surveying, evaluating and [accrediting] approving schools of practical nursing, and schools and courses of professional nursing,
and collect the fees established pursuant to this subsection.
κ1999 Statutes of Nevada, Page 1327 (CHAPTER 316, AB 204)κ
4. The board may adopt such other regulations, not inconsistent with state or federal law, as may be necessary to carry out the provisions of this chapter relating to nursing assistant trainees and nursing assistants.
5. The board may adopt such other regulations, not inconsistent with law, as are necessary to enable it to administer the provisions of this chapter.
Sec. 14. NRS 632.240 is hereby amended to read as follows:
632.240 1. The provision of nursing services in any system for the delivery of health care must be under the direction and supervision of a chief administrative nurse who is a registered nurse.
2. [As used in this section, system for the delivery of health care means a licensed medical facility as defined in NRS 449.0151, or other organization which provides organized nursing services.
3.] The provisions of this section do not apply to a county school district whose enrollment is fewer than 35,000 pupils.
Sec. 15. 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 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.
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. 16. 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 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
κ1999 Statutes of Nevada, Page 1328 (CHAPTER 316, AB 204)κ
(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 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 practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.
Sec. 17. NRS 632.345 is hereby amended to read as follows:
632.345 1. The board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:
Not less Not more
than than
Application for license to practice professional nursing (registered nurse)........................................................................................... $45 $100
Application for license to practice practical nursing..... .............. 30 90
Application for temporary license to practice professional nursing or practical nursing pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license.................................... .............. 15 50
Application for a certificate to practice as a nursing assistant [5] 15 [15] 50
Application for a temporary certificate to practice as a nursing assistant pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular certificate, if the applicant applies for a certificate................................................ ................ 5 40
Biennial fee for renewal of a license................................ .............. 40 100
Biennial fee for renewal of a certificate.......................... ..... [10] 20 [20] 50
Fee for reinstatement of a license.................................... .............. 10 100
Application for recognition as an advanced practitioner of nursing 50 200
Application for recognition as a certified registered nurse anesthetist 50 200
Biennial fee for renewal of recognition as an advanced practitioner of nursing or certified registered nurse anesthetist....... .............. 50 200
κ1999 Statutes of Nevada, Page 1329 (CHAPTER 316, AB 204)κ
Not less Not more
than than
Examination fee for license to practice professional nursing $20 $100
Examination fee for license to practice practical nursing 10 90
Rewriting examination for license to practice professional nursing 20 100
Rewriting examination for license to practice practical nursing 10 90
Duplicate license................................................................................... 5 30
Duplicate certificate....................................................................... [3] 5 [5] 30
Proctoring examination for candidate from another state 25 150
Fee for approving one course of continuing education.............. 10 50
Fee for reviewing one course of continuing education which has been changed since approval................................................................ 5 30
Annual fee for approval of all courses of continuing education offered 100 500
Annual fee for review of training program........................... [25] 60 [60] 100
Certification examination................................................................ 10 90
Approval of instructors of training programs....................... [20] 50 [50] 100
Approval of proctors for certification examinations.................. 20 50
Approval of training programs............................................. [50] 150 [150] 250
Validation of licensure or certification............................................. 5 25
2. The board may collect the fees and charges established pursuant to this section, and those fees or charges [may] must not be refunded.
Sec. 18. NRS 632.350 is hereby amended to read as follows:
632.350 1. Before suspending or revoking any license or certificate or taking other disciplinary action against a licensee or holder of a certificate, the board shall cause an administrative complaint to be filed against the licensee or holder of the certificate. The board shall notify the licensee or holder of the certificate in writing of the charges against him, accompanying the notice with a copy of the [complaint, if any is filed.] administrative complaint.
2. Written notice may be served by delivery of it personally to the licensee or holder of the certificate, or by mailing it by registered or certified mail to his last known residential address.
3. If the licensee or holder of the certificate , after receiving a copy of the administrative complaint pursuant to subsection 1, submits a written request, the board shall furnish the licensee or holder of the certificate with copies of any communications, reports and affidavits in possession of the board, touching upon or relating to the matter in question.
κ1999 Statutes of Nevada, Page 1330 (CHAPTER 316, AB 204)κ
4. As soon as practicable after the filing of [a complaint or, if no complaint is filed, after notice of the charges is given to a licensee or holder of a certificate,] the administrative complaint, the board, or a majority thereof, shall hold a hearing on the charges at such time and place as the board prescribes. If the board receives a report pursuant to subsection 5 of NRS 228.420, the hearing must be held within 30 days after receiving the report. The hearing must be held, if the licensee or holder of the certificate desires, within the county where he resides.
Sec. 19. NRS 632.400 is hereby amended to read as follows:
632.400 1. The board shall render a decision on any administrative complaint within 60 days after the final hearing thereon. For the purposes of this subsection, the final hearing on a matter delegated to a hearing officer pursuant to NRS 632.355 is the final hearing conducted by the hearing officer unless the board conducts a hearing with regard to the administrative complaint.
2. The board shall notify the person of its decision in writing by certified mail, return receipt requested. The decision of the board becomes effective on the date the person receives the notice or on the date the board receives a notice from the United States Postal Service stating that the person refused to accept delivery or could not be located.
Sec. 20. NRS 632.430 is hereby amended to read as follows:
632.430 The board [shall have the power to] may prescribe standards and curricula for schools of practical nursing, [to] visit, survey and [accredit such] approve those schools, and [to remove such] remove those schools from [an accredited] a list of approved schools of nursing for just cause.
Sec. 21. NRS 632.440 is hereby amended to read as follows:
632.440 The board shall prescribe curricula and standards for schools and courses of professional nursing. The board shall provide for surveys of such schools and courses at such times as it may deem necessary. It shall [accredit] approve such schools and courses as meet the requirements of this chapter and of the board. It shall evaluate and approve courses for affiliation with [accredited] approved schools of nursing in this state or with schools of nursing which have applied for [accreditation.] such approval.
Sec. 22. NRS 632.460 is hereby amended to read as follows:
632.460 1. [No] The board shall not approve a school of professional nursing [shall be accredited by the board] until the board has caused a thorough survey of the facilities of [such] the school to be made. No such survey shall be deemed complete for the purposes of this section until a [full and complete] written report [shall have been] of the survey is made to the board and [until such written report shall have] the report has received the full consideration of the whole board.
2. If any school of professional nursing making application for [accreditation shall indicate that one or more of the courses] approval indicates that any course required by the prescribed curriculum is [or are] to be offered by an institution [or institutions] affiliated with [such applicant,] the school, the board shall cause a survey of the facilities of [such] the affiliated institution [or institutions] to be made, and the written report [thereon shall] concerning that institution must receive the full consideration of the board before [accreditation.] the board approves the school of professional nursing.