[Rev. 2/11/2019 1:13:22 PM]
κ1999 Statutes of Nevada, Page 3273κ
Senate Bill No. 411Senator OConnell
CHAPTER 601
AN ACT relating to taxation; conforming the permissible methods for use by the Nevada tax commission in determining the taxable value of property to those permissible for use by county assessors; exempting intangible personal property from taxation; directing the legislative committee to study the distribution among local governments of revenue from state and local taxes to conduct a study; requiring that a report of the recommendations and findings of the study be presented to the 71st session of the Nevada legislature; and providing other matters properly relating thereto.
[Approved June 9, 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:
1. All intangible personal property is exempt from taxation, including, without limitation:
(a) Shares of stock, bonds, mortgages, notes, bank deposits, book accounts such as an acquisition adjustment and credits, and securities and choses in action of like character; and
(b) Goodwill, customer lists, contracts and contract rights, patents, trade‑marks, trade names, custom computer programs, copyrights, trade secrets, franchises and licenses.
2. The value of intangible personal property must not enhance or be reflected in the value of real property or tangible personal property.
3. The attributes of real property, such as zoning, location, view and geographic features, are not intangible personal property and must be considered in valuing the real property, if appropriate.
Sec. 2. NRS 361.260 is hereby amended to read as follows:
361.260 1. Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property in his county which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property and he shall then list and assess it to the person, firm, corporation, association or company owning it. He shall take the same action between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.
2. At any time before the lien date for the following fiscal year, the county assessor may include additional personal property and mobile homes on the secured tax roll if the owner of the personal property or mobile home owns real property within the same taxing district which has an assessed value that is equal to or greater than the taxes for 3 years on both the real property and the personal property or mobile home, plus penalties. Personal property and mobile homes in the county on July 1, but not on the secured tax roll for the current year, must be placed on the unsecured tax roll for the current year.
κ1999 Statutes of Nevada, Page 3274 (CHAPTER 601, SB 411)κ
3. An improvement on real property in existence on July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year and which is not governed by subsection 4 must be placed on the unsecured tax roll.
4. The value of any property apportioned among counties pursuant to NRS 361.320, 361.321 and 361.323 must be added to the central assessment roll at the assessed value established by the Nevada tax commission or as established pursuant to an appeal to the state board of equalization.
5. [In arriving at the taxable value of all public utilities of an intracounty nature, the intangible or franchise element must be considered as an addition to the physical value and a portion of the taxable value.
6.] In addition to the inquiry and examination required in subsection 1, for any property not reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying a factor for improvements, if any, and a factor for land to the assessed value for the preceding year. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada tax commission. The factor for land must be developed by the county assessor and approved by the commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.
[7.] 6. The county assessor shall reappraise all real property at least once every 5 years.
[8.] 7. Each county assessor shall submit a written request to the board of county commissioners and the governing body of each of the local governments located in the county which maintain a unit of government that issues building permits for a copy of each building permit that is issued. Upon receipt of such a request, the governing body shall direct the unit which issues the permits to provide a copy of each permit to the county assessor within a reasonable time after issuance.
Sec. 3. 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 intercounty nature, which must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, 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.
κ1999 Statutes of Nevada, Page 3275 (CHAPTER 601, SB 411)κ
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 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 [.] , but the taxable value may not exceed the cost of replacement as appropriately depreciated.
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, as defined in 18 C.F.R. § 292.101, which were constructed before July 1, 1997.
6. As used in this section, company means any person, company, corporation or association engaged in the business described.
7. All other property 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.
κ1999 Statutes of Nevada, Page 3276 (CHAPTER 601, SB 411)κ
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. 4. 1. The legislature hereby finds and declares that it is more equitable to establish the valuation for assessment purposes of all types of property without considering the value of intangible personal property and that the incremental elimination of intangible personal property from the valuation and assessment of all property in the State of Nevada is desirable to allow the orderly assessment and collection of ad valorem taxes.
2. Notwithstanding the amendatory provisions of this act, intangible personal property must continue to be assessed pursuant to the provisions of chapter 361 of NRS as those provisions existed before the enactment of the amendatory provisions of this act, except that:
(a) For the fiscal year commencing July 1, 2000, the assessed value of the intangible personal property must be reduced by 5 percent;
(b) For the fiscal year commencing July 1, 2001, the assessed value of the intangible personal property must be reduced by 10 percent;
(c) For the fiscal year commencing July 1, 2002, the assessed value of the intangible personal property must be reduced by 40 percent; and
(d) For the fiscal year commencing July 1, 2003, the assessed value of the intangible personal property must be reduced by 70 percent.
Sec. 5. 1. The committee shall monitor the implementation of this act and conduct an interim study of the current system of taxation of those businesses, whether centrally or locally assessed as of June 30, 1999, that are engaged, in whole or in part, in any of the following activities:
(a) Railroad, sleeping car, private car, street railway or traction;
(b) Scheduled or unscheduled air transport;
(c) Telegraph, telephone or telecommunications;
(d) Natural gas transmission and distribution;
(e) Electric light and power; or
(f) Railway express.
2. On or before February 15, 2001, the committee shall prepare a report of its findings and recommendations and submit the report to the director of the legislative counsel bureau for transmittal to the senate and assembly committees on taxation of the 71st session of the Nevada legislature for their review.
3. The chairman of the committee may appoint a subcommittee to assist in conducting the study. Any subcommittee appointed by the chair of the committee shall consist of members of the committee, members of the advisory committee to the committee, other representatives of local government and members of businesses described in subsection 1. Any subcommittee appointed pursuant to this subsection shall report its findings to the committee on or before October 1, 2000.
4. The report required pursuant to subsection 2 must include:
κ1999 Statutes of Nevada, Page 3277 (CHAPTER 601, SB 411)κ
(a) An evaluation of whether the current system of taxation used to assess taxes upon those businesses described in subsection 1 is fair and equitable, including the method of assessment and application of the property tax, when compared with the system of taxation used to assess taxes upon other businesses in this state;
(b) An evaluation of the extent to which local governments in this state rely upon the revenues obtained from the current system of taxation used to assess taxes upon those businesses described in subsection 1, including, without limitation, an evaluation of the manner in which the tax bases of the local governments are affected by that system;
(c) An evaluation of the impact of the changes made by the provisions of this act upon revenues of local governments and upon the tax base relied upon by each local government for its revenue;
(d) An evaluation of the extent to which any local government or agency of the state provides services that compete with the businesses described in subsection 1;
(e) An evaluation of any alternative system of taxation that could be used to assess taxes upon the businesses described in subsection 1 that:
(1) Does not create substantially more or less revenue for local governments, in the aggregate, than would otherwise be available if the system of taxation were not changed;
(2) Provides for a source of revenue for local governments that is as stable and reliable as possible; and
(3) Is fair and equitable to the businesses described in subsection 1 as compared to the current system of taxation used to assess taxes upon all businesses in this state; and
(f) A recommendation from the committee regarding whether a change to the system of taxation used to assess taxes upon the businesses described in subsection 1 is advisable and, if so, the alternative system of taxation which would ensure the most fair, equitable, stable and reliable result possible.
5. As used in this section, committee has the meaning ascribed to it in NRS 218.5388.
Sec. 6. 1. This act becomes effective July 1, 1999.
2. Section 4 of this act expires by limitation on June 30, 2004.
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κ1999 Statutes of Nevada, Page 3278κ
Senate Bill No. 381Senators James, Rhoads, Porter, Washington, Amodei and Wiener
Joint Sponsor: Assemblyman Perkins
CHAPTER 602
AN ACT relating to traffic; prohibiting a governmental entity and any agent thereof from using certain electronic devices to gather evidence for the issuance of a traffic citation; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
A governmental entity and any agent thereof shall not use photographic, video or digital equipment for gathering evidence to be used for the issuance of a traffic citation for a violation of this chapter unless the equipment is held in the hand or installed temporarily or permanently within a vehicle or facility of a law enforcement agency.
Sec. 2. This act becomes effective on July 1, 1999.
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Assembly Bill No. 660Committee on Ways and Means
CHAPTER 603
AN ACT relating to the office of the governor; removing the employees of the office of the governor from the classified and unclassified service of the state; requiring the governor to adopt certain rules and policies and determine the salaries and benefits of the employees of the office of the governor; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. NRS 223.085 is hereby amended to read as follows:
223.085 [Except as otherwise provided in NRS 284.143, employees in the governors office in the unclassified service of the state shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.]
1. The governor may, within the limits of available money, employ such persons as he deems necessary to provide an appropriate staff for the office of the governor, including, without limitation, the agency for nuclear projects and the governors mansion. Any such employees are not in the classified or unclassified service of the state and serve at the pleasure of the governor.
2. The governor shall:
κ1999 Statutes of Nevada, Page 3279 (CHAPTER 603, AB 660)κ
(a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and
(b) Adopt such rules and policies as he deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.
Sec. 2. NRS 284.140 is hereby amended to read as follows:
284.140 The unclassified service of the state consists of positions held by state officers or employees in the executive department of the state government as follows:
1. Persons chosen by election or appointment to fill an elective office.
2. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.
3. At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in each department, agency or institution.
4. [All employees in the office of the governor and all] Except as otherwise provided in NRS 223.085, all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.
5. All employees other than clerical in the office of the attorney general and the state public defender required by law to be appointed by the attorney general or the state public defender.
6. Except as otherwise provided by the board of regents of the University of Nevada pursuant to NRS 396.251, officers and members of the teaching staff and the staffs of the agricultural extension department and experiment station of the University and Community College System of Nevada, or any other state institution of learning, and student employees of these institutions. Custodial, clerical or maintenance employees of these institutions are in the classified service. The board of regents of the University of Nevada shall assist the director in carrying out the provisions of this chapter applicable to the University and Community College System of Nevada.
7. Officers and members of the Nevada National Guard.
8. Persons engaged in public work for the state but employed by contractors when the performance of the contract is authorized by the legislature or another competent authority.
9. Patient and inmate help in state charitable, penal, mental and correctional institutions.
10. Part-time professional personnel who are paid for any form of medical, nursing or other professional service and who are not engaged in the performance of administrative or substantially recurring duties.
11. All other officers and employees authorized by law to be employed in the unclassified service.
Sec. 3. The provisions of subsection 1 of section 1 of chapter 562, Statutes of Nevada 1997, at page 2728, do not apply to any persons employed by the governor pursuant to section 1 of this act.
Sec. 4. This act becomes effective upon passage and approval.
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κ1999 Statutes of Nevada, Page 3280κ
Assembly Bill No. 431Committee on Commerce and Labor
CHAPTER 604
AN ACT relating to the protection of certain persons in commercial transactions; providing additional deceptive trade practices; revising the provisions regarding loans in the form of deferred deposits; extending the exemption of workers compensation benefits from creditors; requiring an owner or keeper of a hotel, inn, motel or motor court to maintain a printed statement of the charge or rate of charges by the day for lodging and to make that statement available upon request; eliminating the requirement that the rates be posted in every bedroom of the establishment; eliminating the provisions that prohibit such an establishment from requiring a person to pay for a greater number of days than actually requested to secure accommodations; providing a penalty; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. NRS 598.0905 is hereby amended to read as follows:
598.0905 Advertisement means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation to lease or to acquire any title or interest in any property.
Sec. 2. NRS 598.0915 is hereby amended to read as follows:
598.0915 A person engages in a deceptive trade practice if, in the course of his business or occupation, he:
1. Knowingly passes off goods or services for sale or lease as those of another.
2. Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services [.] for sale or lease.
3. Knowingly makes a false representation as to affiliation, connection, association with or certification by another.
4. Uses deceptive representations or designations of geographic origin in connection with goods or services [.] for sale or lease.
5. Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services for sale or lease or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.
6. Represents that goods for sale or lease are original or new if he knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.
7. Represents that goods or services for sale or lease are of a particular standard, quality or grade, or that such goods are of a particular style or model, if he knows or should know that they are of another.
8. Disparages the goods, services or business of another by false or misleading representation of fact.
9. Advertises goods or services with intent not to sell or lease them as advertised.
10. Advertises goods or services for sale or lease with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.
κ1999 Statutes of Nevada, Page 3281 (CHAPTER 604, AB 431)κ
11. Advertises under the guise of obtaining sales personnel when in fact the purpose is to first sell or lease goods or services to the sales personnel applicant.
12. Makes false or misleading statements of fact concerning the price of goods or services [,] for sale or lease, or the reasons for, existence of or amounts of price reductions.
13. Fraudulently alters any contract, written estimate of repair, written statement of charges or other document in connection with the [provision] sale or lease of goods or services.
14. Knowingly makes any other false representation in a transaction.
Sec. 3. NRS 598.0917 is hereby amended to read as follows:
598.0917 A person engages in a deceptive trade practice when in the course of his business or occupation he employs bait and switch advertising, which consists of an offer to sell or lease goods or services which the seller or lessor in truth may not intend or desire to sell [,] or lease, accompanied by one or more of the following practices:
1. Refusal to show the goods advertised.
2. Disparagement in any material respect of the advertised goods or services or the terms of sale [.] or lease.
3. Requiring other sales or other undisclosed conditions to be met before selling or leasing the advertised goods or services.
4. Refusal to take orders for the sale or lease of goods or services advertised for delivery within a reasonable time.
5. Showing or demonstrating defective goods for sale or lease which are unusable or impractical for the purposes set forth in the advertisement.
6. Accepting a deposit for the goods or services for sale or lease and subsequently switching the purchase order or lease to higher priced goods or services.
7. Tendering a lease of goods advertised for sale or a sale of goods advertised for lease or tendering terms of sale or lease less favorable than the terms advertised.
Sec. 4. NRS 598.092 is hereby amended to read as follows:
598.092 A person engages in a deceptive trade practice when in the course of his business or occupation he:
1. Knowingly fails to identify goods for sale or lease as being damaged by water.
2. Solicits by telephone or door to door as a lessor or seller, unless the lessor or seller identifies himself, whom he represents and the purpose of his call within 30 seconds after beginning the conversation.
3. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.
4. Fails to make delivery of goods or services for sale or lease within a reasonable time or to make a refund for the goods or services, if he allows refunds.
5. Advertises or offers an opportunity for investment and:
(a) Represents that the investment is guaranteed, secured or protected in a manner which he knows or has reason to know, is false or misleading;
κ1999 Statutes of Nevada, Page 3282 (CHAPTER 604, AB 431)κ
(b) Represents that the investment will earn a rate of return which he knows or has reasons to know is false or misleading;
(c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;
(d) Fails to maintain adequate records so that an investor may determine how his money is invested;
(e) Fails to provide information to an investor after a reasonable request for information concerning his investment;
(f) Fails to comply with any law or regulation for the marketing of securities or other investments; or
(g) Represents that he is licensed by an agency of the state to sell or offer for sale investments or services for investments if he is not so licensed.
6. Charges a fee for advice with respect to investment of money and fails to disclose:
(a) That he is selling or offering to lease goods or services and, if he is, their identity; or
(b) That he is licensed by an agency of any state or of the United States to sell or to offer for sale investments or services for investments, or holds any other license related to the service he is providing.
7. Notifies any person, by any means, as a part of an advertising plan or scheme, that he has won a prize and that as a condition of receiving the prize he must purchase or [rent] lease goods or services.
8. Fails to inform customers, if he does not allow refunds or exchanges, that he does not allow refunds or exchanges by:
(a) Printing a statement on the face of the lease or sales receipt;
(b) Printing a statement on the face of the price tag; or
(c) Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters,
specifying that no refunds or exchanges are allowed.
Sec. 5. NRS 598.0923 is hereby amended to read as follows:
598.0923 A person engages in a deceptive trade practice when in the course of his business or occupation he knowingly:
1. Conducts the business or occupation without all required state, county or city licenses.
2. Fails to disclose a material fact in connection with the sale or lease of goods or services.
3. Violates a state or federal statute or regulation relating to the sale or lease of goods or services.
4. Uses coercion, duress or intimidation in a transaction.
Sec. 5.1. Chapter 604 of NRS is hereby amended by adding thereto the provisions set forth as sections 5.2 to 5.5, inclusive, of this act.
Sec. 5.2. A registrant, before deferring a deposit, shall provide each borrower with a written agreement, approved by the commissioner, which the borrower may keep and which contains the following information, in English:
1. The identity of the registrant deferring the deposit and the name of the registrant and the name and title of the employee who signs the agreement;
κ1999 Statutes of Nevada, Page 3283 (CHAPTER 604, AB 431)κ
2. An itemization of the fees and interest to be paid by the borrower;
3. Disclosures required for a similar transaction by the federal Truth in Lending Act;
4. Disclosures required under any applicable state statute or regulation; and
5. A clear description of the borrowers obligations under the deferred deposit.
Sec. 5.3. If a check is not paid upon presentment because of insufficient funds, the registrant may collect a fee of not more than $25. Only two such fees may be charged regardless of the number of times the check is presented for payment.
Sec. 5.4. If the borrower defaults on the original loan made in the form of a deferred deposit, or on any extension thereof, whichever is later, the registrant may immediately pursue any available collection proceedings on the amount of the loan made in the form of a deferred deposit and all accrued charges and interest that are then due. The interest charged from the date of the default on the loan made in the form of a deferred deposit, or on any extension thereof, must not exceed a rate equal to or less than the prime rate at the largest bank in the State of Nevada, as ascertained by the commissioner on January 1 or July 1, as the case may be, immediately preceding the date of default, plus 10 percent.
Sec. 5.5. It is unlawful for a registrant to:
1. Use or threaten to use the criminal process in this or any other state, or any civil process not available to creditors generally, to collect on a deferred deposit.
2. Make a loan made in the form of a deferred deposit that exceeds one-third of the borrowers expected monthly net income during the term of the deferred deposit unless justified by particular circumstances. A registrant is not in violation of the provisions of this subsection if the borrower presents evidence of monthly net income to the registrant and represents to the registrant in writing that the deferred deposit do not exceed one-third of the borrowers expected monthly net income during the term of the deferred deposit.
3. Charge to cash a check representing the proceeds of a deferred deposit.
4. Make more than one loan in the form of a deferred deposit to the same borrower at one time unless the borrower is seeking multiple loans in the form of a deferred deposits that do not exceed the limit set forth in subsection 2.
5. Establish or extend the period for the repayment, renewal, refinancing or consolidation of an outstanding loan made in the form of a deferred deposit to the same borrower beyond 10 weeks after the expiration of the initial loan period.
6. Accept any collateral for a loan made in the form of a deferred deposit.
7. Include in the written agreement required by section 5.2 of this act for a loan made in the form of a deferred deposit:
(a) A promise by the borrower to hold the lender harmless;
(b) A confession of judgment by the borrower;
κ1999 Statutes of Nevada, Page 3284 (CHAPTER 604, AB 431)κ
(c) An assignment or order for payment of wages or other compensation due the borrower; or
(d) A waiver of any claim or defense arising out of the agreement or a waiver of any provision of this chapter.
Sec. 5.6. NRS 604.160 is hereby amended to read as follows:
604.160 A registrant shall:
1. Post in a conspicuous place in every location at which he conducts business under his certificate of registration a notice that states the fees charged for cashing checks or entering into a deferred deposit transaction.
2. Give written notice to each customer of the fees charged for cashing checks . [or entering into a deferred deposit transaction.] The notice must be signed by the customer before [any such services are] the service is provided.
Sec. 5.7. NRS 604.170 is hereby amended to read as follows:
604.170 1. The commissioner may establish by regulation:
(a) The fees that may be imposed by a check-cashing [or deferred deposit] service for cashing checks ; [or entering into a deferred deposit transaction;] and
(b) The penalties that may be imposed by the commissioner for a violation of the provisions of this chapter or the regulations adopted pursuant thereto.
2. The commissioner shall adopt such other regulations as are necessary to carry out the provisions of this chapter.
Sec. 6. NRS 482.351 is hereby amended to read as follows:
482.351 1. No vehicle dealer or rebuilder may employ bait and switch advertising or otherwise intentionally publish, display or circulate any advertising which is misleading or inaccurate in any material particular or which misrepresents any of the products sold, leased, manufactured, handled or furnished to the public.
2. The director [, after hearing, may adopt such rules and] shall adopt such regulations as may be necessary for making the administration of this section effective.
3. As used in this section, bait and switch advertising consists of an offer to sell goods or services which the seller in truth may not intend or desire to sell, accompanied by one or more of the following practices:
(a) Refusal to show the goods advertised.
(b) Disparagement in any material respect of the advertised goods or services or the terms of sale.
(c) Requiring other sales or other undisclosed conditions to be met before selling the advertised goods or services.
(d) Refusal to take orders for the goods or services advertised for delivery within a reasonable time.
(e) Showing or demonstrating defective goods which are unusable or impractical for the purposes set forth in the advertisement.
(f) Accepting a deposit for the goods or services and subsequently switching the purchase order to higher priced goods or services.
Sec. 7. NRS 482.36395 is hereby amended to read as follows:
482.36395 No motor vehicle manufacturer, distributor, factory branch or representative thereof may:
1. Encourage, aid or abet a dealer to sell or lease motor vehicles through any false, deceptive or misleading sales or financing practice.
κ1999 Statutes of Nevada, Page 3285 (CHAPTER 604, AB 431)κ
2. Refuse to deliver an order of a dealer within 60 days after the order is received in writing unless the inability to deliver the order is caused by shortage or curtailment of material, labor, production capacity, transportation or utility services, or to any labor or production difficulty, or to any cause beyond the reasonable control of the motor vehicle manufacturer or distributor.
3. Coerce, compel or otherwise require any dealer to pay over or to repay any amount of money or other consideration which is in substantiation of or repayment for any advertising, [promotion] promotional activity or scheme, or method of implementing the sale or lease of motor vehicles.
4. Demand or require, directly or indirectly, a dealer to pay any amount of money which is projected or proposed for the advertisement, display or promotion of any motor vehicle which is being sold or leased pursuant to a franchise, unless the dealer has agreed thereto in writing.
5. Demand or require, directly or indirectly, a dealer to comply with standards which exceed commonly accepted business practices within the automotive industry relating to sales , leases or service of motor vehicles.
6. Based solely upon the results of a survey of a dealers customers conducted by or on behalf of a motor vehicle manufacturer which is intended or otherwise purports to measure the performance of a dealer:
(a) Discriminate, directly or indirectly, against a dealer; or
(b) Take any action to terminate a dealers franchise.
This subsection does not prohibit a motor vehicle manufacturer, distributor, factory branch or representative thereof from conducting a contest or other award program to recognize the performance of a dealer based on reasonable criteria relating to sales , leases or service of motor vehicles.
Sec. 8. NRS 616C.205 is hereby amended to read as follows:
616C.205 Except as otherwise provided in this section and NRS 31A.150 and 31A.330, compensation payable or paid under chapters 616A to 616D, inclusive, or chapter 617 of NRS, whether determined or due, or not, is not, before the issuance and delivery of the check, assignable, is exempt from attachment, garnishment and execution, and does not pass to any other person by operation of law. In the case of the death of an injured employee covered by chapters 616A to 616D, inclusive, or chapter 617 of NRS from causes independent from the injury for which compensation is payable, any compensation due the employee which was awarded or accrued but for which a check was not issued or delivered at the date of death of the employee is payable to his dependents as defined in NRS 616C.505.
Sec. 9. NRS 651.030 is hereby amended to read as follows:
651.030 1. Every owner or keeper of any hotel, inn, motel or motor court in this state shall [post,] :
(a) Post in a conspicuous place in the office and in every bedroom of [such establishment,] the establishment a printed copy of this section and NRS 651.010 and 651.020 [and a] ; and
(b) Maintain a printed statement of the charge or rate of charges by the day for lodging [.] and make the statement available for viewing, upon request, at the registration desk or an equivalent location in the establishment.
κ1999 Statutes of Nevada, Page 3286 (CHAPTER 604, AB 431)κ
2. No charge or sum [shall] may be collected for any greater or other sum than [he] the owner or keeper is entitled to [by] charge pursuant to the general rules and regulations of [such] the establishment.
3. For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party 3 times the amount of the sum charged in excess of what he is entitled to charge.
Sec. 10. NRS 651.040 is hereby amended to read as follows:
651.040 1. As used in this section, unless the context otherwise requires:
(a) Establishment means any hotel, motel, inn or motor court.
(b) Owner or keeper means any person, firm, association or corporation.
(c) Rates means the total charge levied at the establishment for rooms or accommodations.
2. [Pursuant to NRS 651.030, every owner or keeper of any hotel, inn, motel or motor court in this state shall post, in a conspicuous place in the office and in every bedroom of the establishment, a printed copy of a statement of charge or rate of charges by the day for lodging.] The rates [posted in the office and every bedroom of the establishment must display] listed on the printed statement required to be maintained by an owner or keeper of an establishment pursuant to NRS 651.030 must include the daily rate of the room for occupancy by one person, for occupancy by two persons, the additional charge, if any, for each person over two persons and the additional charge, if any, for each additional bed provided in the room. Every establishment shall maintain a registration card for each room and supply the person or persons registering for accommodations a receipt. Both the registration card and the receipt must reflect the type of accommodations supplied, the number of persons occupying the accommodation and the rate charged each person therefor. An establishment shall not charge more than the [posted rates, or require as a condition of securing accommodations that any person pay for a greater number of days than actually requested or that the accommodations are actually occupied by the person or persons.] rates listed on the printed statement required to be maintained by an owner or keeper of an establishment pursuant to NRS 651.030.
3. For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party 3 times the amount of the sum charged in excess of what he is entitled to charge.
4. Any owner or keeper of any establishment who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 11. The amendatory provisions of sections 9 and 10 of this act do not apply to offenses that were committed before the effective date of those sections.
Sec. 12. 1. This section and sections 9, 10 and 11 of this act become effective upon passage and approval.
2. Sections 1 to 7, inclusive, of this act become effective on October 1, 1999.
3. Section 8 of this act becomes effective at 12:01 a.m. on October 1, 1999.
________
κ1999 Statutes of Nevada, Page 3287κ
Senate Bill No. 305Committee on Finance
CHAPTER 605
AN ACT relating to the Department of Administration; extending the reversion dates for certain prior appropriations made to the Department; making appropriations to the Department for the completion of Phase III and for the continued development of the Integrated Financial Management System; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 266, Statutes of Nevada 1997, at page 915, is hereby amended to read as follows:
Sec. 4. Any remaining balance of the appropriation made by section 3 of this act must not be committed for expenditure after June 30, [1999,] 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. Section 1 of chapter 648, Statutes of Nevada 1997, at page 3227, is hereby amended to read as follows:
Section 1. 1. There is hereby appropriated to the Department of Administration from the:
(a) State general fund, the sum of $24,474,063; and
(b) State highway fund, the sum of $5,626,238,
for the implementation of the technology improvement plan for state government.
2. Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30, [1999,] 2001, and reverts to the state general fund and the state highway fund, respectively, as soon as all payments of money committed have been made.
3. Commencing on July 1, 1999, the Department of Information Services shall repay in annual installments to the State Treasurer for deposit to the state general fund the cost of installing a private branch exchange system. Each installment must be equal to 10 percent of the total cost of the installed system.
Sec. 3. There is hereby appropriated to the Department of Administration from the:
1. State general fund, the sum of $88,767; and
2. State highway fund, the sum of $3,690,770,
for the completion of Phase III of the Integrated Financial Management System. These appropriations are supplemental to the appropriations made by section 1 of chapter 648, Statutes of Nevada 1997, at page 3227.
Sec. 4. 1. There is hereby appropriated to the Department of Administration from the:
(a) State general fund, the sum of $10,550,242; and
(b) State highway fund, the sum of $5,619,795,
for the continued development and implementation of the Integrated Financial Management System.
κ1999 Statutes of Nevada, Page 3288 (CHAPTER 605, SB 305)κ
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund and the state highway fund, respectively, as soon as all payments of money committed have been made.
Sec. 5. 1. This section and sections 1, 2 and 3 of this act become effective upon passage and approval.
2. Section 4 of this act becomes effective on July 1, 1999.
________
Assembly Bill No. 348Assemblymen McClain, Buckley, Carpenter, de Braga, Segerblom, Berman, Dini, Manendo, Williams, Lee, Thomas, Price, Ohrenschall, Gibbons, Von Tobel, Collins, Parks, Koivisto, Arberry, Giunchigliani, Freeman, Chowning, Anderson, Gustavson, Leslie, Claborn, Beers, Nolan, Brower, Hettrick, Humke, Perkins, Evans, Parnell, Mortenson, Bache, Cegavske, Neighbors, Goldwater, Marvel, Tiffany and Angle
Joint Sponsors: Senators Porter, Titus, OConnell, Washington, Wiener, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, ODonnell, Raggio, Rawson, Rhoads, Schneider, Shaffer and Townsend
CHAPTER 606
AN ACT relating to education; creating a subcommittee on charter schools of the state board of education; revising the process for the review and approval of an application to form a charter school; providing for a process of appeal if the board of trustees of a school district denies an application for a charter school; revising provisions governing the employment and compensation of employees of charter schools; revising various other provisions governing charter schools; requiring the boards of trustees of school districts to provide certain services under certain circumstances to children in private schools, charter schools and home schools; revising provisions governing the computation of basic support to include children in private schools, charter schools and home schools who are enrolled in classes in public schools; revising various other provisions governing the system of public education; making appropriations; and providing other matters properly relating thereto.
[Approved June 9, 1999]
Whereas, The primary consideration of the legislature in enacting legislation to authorize charter schools is to serve the best interests of all pupils, including pupils who may be at risk; and
Whereas, The intention of the legislature is to provide:
1. The board of trustees of school districts with a method to experiment with providing a variety of independent public schools to the pupils of this state;
2. A framework for such experimentation;
3. A mechanism by which the results achieved by charter schools may be measured and analyzed; and
4. A procedure by which the positive results achieved by charter schools may be replicated and the negative results may be identified and eliminated; and
κ1999 Statutes of Nevada, Page 3289 (CHAPTER 606, AB 348)κ
Whereas, It is further the intention of the legislature to provide teachers and other educational personnel, parents, legal guardians and other persons who are interested in the system of public education in this state the opportunity to:
1. Improve the learning of pupils and, by extension, improve the system of public education;
2. Increase the opportunities for learning and access to quality education by pupils;
3. Encourage the use of different and innovative teaching methods;
4. Establish appropriate measures for and assessments of the learning achieved by pupils who are enrolled in charter schools;
5. Provide a more thorough and efficient system of accountability of the results achieved in public education in this state; and
6. Create new professional opportunities for teachers and other educational personnel, including, without limitation, the opportunity to increase the accessibility and responsibility of teachers and other educational personnel for the program of learning offered; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. NRS 385.007 is hereby amended to read as follows:
385.007 As used in this Title, unless the context otherwise requires:
1. Charter school means a public school that is formed pursuant to the provisions of NRS 386.500 to 386.610, inclusive [.] , and sections 3 to 8, inclusive, of this act.
2. Department means the department of education.
3. Public schools means all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the state board.
4. State board means the state board of education.
Sec. 2. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 8, inclusive, of this act.
Sec. 3. The subcommittee on charter schools of the state board is hereby created. The president of the state board shall appoint three members of the state board to serve on the subcommittee. Except as otherwise provided in this subsection, the members of the subcommittee serve terms of 2 years. If a member is not reelected to the state board during his service on the subcommittee, his term on the subcommittee expires when his membership on the state board expires. Members of the subcommittee may be reappointed.
Sec. 4. 1. Except as otherwise provided in subsection 3, if the board of trustees of a school district approves an application to form a charter school, it shall grant a written charter to the applicant. The board of trustees shall, not later than 10 days after the approval of the application, provide written notice to the department of the approval and the date of the approval. The board of trustees that approves the application shall be deemed the sponsor of the charter school. A written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530.
κ1999 Statutes of Nevada, Page 3290 (CHAPTER 606, AB 348)κ
term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in paragraphs (a) to (n), inclusive, of subsection 2 of NRS 386.520. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.
2. The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and sections 3 to 8, inclusive, of this act and any other statute or regulation applicable to charter schools, the sponsor shall amend the written charter in accordance with the proposed amendment.
3. If the board of trustees of a school district is considering an application to form a charter school and determines that the applicant is not yet eligible for the issuance of a charter pursuant to subsection 1, it may, if applicable, hold the application in abeyance and grant a conditional charter to the applicant if the applicant:
(a) Has not obtained a building, equipment or personnel for the charter school; and
(b) Submits proof satisfactory to the entity which is considering the application that acceptance of the application is necessary to obtain the building, equipment or personnel for the charter school.
The board of trustees of a school district that grants a conditional charter pursuant to this subsection shall provide written notice to the state board of its action.
4. A conditional charter expires 1 year after its issuance and is nonrenewable. The holder of a conditional charter shall not operate a charter school and is not eligible to receive any public school money for the operation of a charter school. Before the expiration of a conditional charter, the holder of the conditional charter may submit a supplemental application and request the board of trustees that granted the conditional charter to determine whether the holder is eligible for the issuance of a charter pursuant to subsection 1. The board of trustees shall consider such a request as soon as is practicable.
Sec. 5. 1. The governing body of a charter school shall consist of at least three teachers, as defined in NRS 391.311, and may consist of, without limitation, parents and representatives of nonprofit organizations and businesses.
2. The governing body of a charter school is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.
Sec. 6. 1. The governing body of a charter school shall designate a person to draw all orders for the payment of money belonging to the charter school. The orders must be listed on cumulative voucher sheets.
κ1999 Statutes of Nevada, Page 3291 (CHAPTER 606, AB 348)κ
2. The governing body of a charter school shall prescribe the procedures by which the orders must be approved and the cumulative voucher sheets signed.
3. An order for the payment of money to a member of the governing body of the charter school may only be drawn for salary, travel expenses, subsistence allowances or for services rendered by the member.
4. An action may not be maintained against any governing body of a charter school or the sponsor of a charter school to collect upon any bill not presented for payment to the governing body within 6 months after the bill was incurred.
Sec. 7. The governing body of a charter school shall adopt rules for the academic retention of pupils who are enrolled in the charter school. The rules must prescribe the conditions under which a pupil may be retained in the same grade rather than promoted to the next higher grade for the immediately succeeding school year.
Sec. 8. If a pupil has successfully completed equivalent courses at a charter school, the pupil must be allowed to transfer the credit that he received at the charter school as applicable toward advancement to the next grade at any other public school or toward graduation from any other public school.
Sec. 9. NRS 386.350 is hereby amended to read as follows:
386.350 Each board of trustees is hereby given such reasonable and necessary powers, not conflicting with the constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the public schools , excluding charter schools, are established and to promote the welfare of school children, including the establishment and operation of schools and classes deemed necessary and desirable.
Sec. 10. NRS 386.450 is hereby amended to read as follows:
386.450 The rules and regulations adopted by the association [shall] must provide for the membership of charter schools, private schools and parochial schools which may elect to join the association.
Sec. 11. NRS 386.460 is hereby amended to read as follows:
386.460 [Any] If a charter school, private school or parochial school [which] elects to become a member of the association [shall be] , the school is subject to the same regulations and requirements and [shall be] is liable for the same fees and charges as [public] other schools within the association.
Sec. 12. NRS 386.505 is hereby amended to read as follows:
386.505 [1. The legislature hereby declares that by authorizing the formation of charter schools in this state:
(a) The primary consideration of the legislature is to serve the best interests of pupils who are at risk.
(b) The intention of the legislature is to provide:
(1) The board of trustees of school districts with a method to experiment with providing a variety of independent public schools to the pupils of this state;
(2) A framework for such experimentation;
(3) A mechanism by which the results achieved by charter schools may be measured and analyzed; and
κ1999 Statutes of Nevada, Page 3292 (CHAPTER 606, AB 348)κ
(4) A procedure by which the positive results achieved by charter schools may be replicated and the negative results may be identified and eliminated.
(c) The intention of the legislature is to provide teachers and other educational personnel, parents, legal guardians and other persons who are interested in the system of public education in this state the opportunity to:
(1) Improve the learning of pupils and, by extension, improve the system of public education;
(2) Increase the opportunities for learning and access to quality education by pupils;
(3) Encourage the use of different and innovative teaching methods;
(4) Establish appropriate measures for and assessments of the learning achieved by pupils who are enrolled in charter schools;
(5) Provide a more thorough and efficient system of accountability of the results achieved in public education in this state; and
(6) Create new professional opportunities for teachers and other educational personnel, including, without limitation, the opportunity to increase the accessibility and responsibility of teachers and other educational personnel for the program of learning offered.
2.] The legislature declares that by authorizing the formation of charter schools it is not authorizing:
[(a)] 1. The establishment of a charter school as a justification to keep open an existing public school that would otherwise be closed;
[(b)] 2. A means for providing financial assistance for private schools or programs of home study; or
[(c)] 3. The formation of charter schools on the basis of a single race, religion or ethnicity.
Sec. 12.5. NRS 386.510 is hereby amended to read as follows:
386.510 1. Except as otherwise provided in subsection 2:
(a) In a county whose population is more than 400,000, [two] four charter schools may be formed per every 75,000 pupils who are enrolled in public schools in the county school district.
(b) In a county whose population is more than 100,000 but less than 400,000, [two] four charter schools may be formed.
(c) In a county whose population is less than 100,000, one charter school may be formed.
2. The limitations set forth in subsection 1 do not apply to charter schools that are dedicated to providing educational programs and opportunities for pupils who are at risk.
Sec. 13. NRS 386.520 is hereby amended to read as follows:
386.520 1. A committee to form a charter school must consist of at least three [licensed] teachers , as defined in NRS 391.311, alone or in combination with:
(a) Ten or more members of the general public;
(b) Representatives of an organization devoted to service to the general public;
(c) Representatives of a private business; or
(d) Representatives of a college or university within the University and Community College System of Nevada.
κ1999 Statutes of Nevada, Page 3293 (CHAPTER 606, AB 348)κ
2. [A committee to form a charter school may not submit an application to form a charter school that proposes to convert a private school or a program of study at home into a charter school.] Before a committee to form a charter school may submit an application to the board of trustees of a school district, it must submit the application to the department. The application must include all information prescribed by the department by regulation and:
(a) A written description of how the charter school will carry out the provisions of NRS 386.500 to 386.610, inclusive [.
(b) A written description of the educational programs that will be offered by the charter school.
(c) A written description of the level and type of educational services that will be provided to pupils who are at risk.
(d) The policy and criteria for admission to the charter school and the justification for the policy and criteria.
(e) The standards of achievement for the charter school, including, without limitation, the:
(1) Academic and other educational results that will be expected of pupils who are enrolled in the charter school;
(2) Time by which such results will be achieved; and
(3) Procedure by which the results will be measured and assessed.
(f) An agreement to provide a written report at the end of each school semester to the parents and legal guardians of pupils who are enrolled in the charter school, the residents of the community, the sponsor of the charter school and the state board. The written report must include the progress of the charter school in meeting the standards of achievement set forth in the application.
(g) The system of governance for the charter school.
(h) The system of organization and operation for the charter school.
(i) The policies, practices and programs of the charter school that will ensure participation and involvement in the activities of the charter school by parents and legal guardians of pupils who are enrolled in the charter school.
(j) The policies and practices of employment by the charter school applicable to the administrators and other employees of the charter school.
(k) The procedure for evaluation of the teachers and other employees of the charter school, if different from the procedure prescribed in NRS 391.3125.
(l) The written rules of behavior required of pupils who are enrolled in the charter school, including, without limitation, disciplinary policies and procedures for the charter school.
(m) A written description of the location of the charter school and the facilities and equipment available to the charter school. The description must include the procedures that will be followed for the disposition of facilities and equipment upon dissolution or nonrenewal of the charter.
(n) Guidelines for determining who is liable if the charter school is dissolved or its application for renewal is not approved.
(o) Procedures for auditing the programs and finances of the charter school.
κ1999 Statutes of Nevada, Page 3294 (CHAPTER 606, AB 348)κ
(p) An agreement that the curriculum of the charter school will focus on the intellectual development of pupils, including, without limitation, the acquisition of identifiable academic and technical skills.
(q) An agreement that the pupils who are enrolled in the charter school will be tested on a regular basis and that copies of the examinations with a letter or numerical grade will be included in the report of progress of the pupil provided to the parents or legal guardian of the pupil.
(r) An agreement that a pupil must achieve a specified level of performance appropriate for his grade level before he is promoted to the next grade.
4.] , and sections 3 to 8, inclusive, of this act.
(b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:
(1) Improving the opportunities for pupils to learn;
(2) Encouraging the use of effective methods of teaching;
(3) Providing an accurate measurement of the educational achievement of pupils;
(4) Establishing accountability of public schools;
(5) Providing a method for public schools to measure achievement based upon the performance of the schools; or
(6) Creating new professional opportunities for teachers.
(c) The projected enrollment of pupils in the charter school.
(d) The proposed dates of enrollment for the charter school.
(e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.
(f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.
(g) The proposed curriculum for the charter school.
(h) The textbooks that will be used at the charter school.
(i) The qualifications of the persons who will provide instruction at the charter school.
(j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.
(k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.
(l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.
κ1999 Statutes of Nevada, Page 3295 (CHAPTER 606, AB 348)κ
(m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125. If the procedure is different from the procedure prescribed in NRS 391.3125, theprocedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125.
(n) The time by which certain academic or educational results will be achieved.
3. The department shall review an application to form a charter school to determine whether it is complete. The department shall provide written notice to the applicant of its approval or denial of the application. If the department denies an application, the department shall include in the written notice the reason for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
Sec. 14. NRS 386.525 is hereby amended to read as follows:
386.525 1. Upon approval of an application by the department, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located. [The] If the board of trustees of a school district receives an application to form a charter school, it shall consider the application at [a public meeting for which] its next regularly scheduled meeting, but not later than 14 days after the receipt of the application, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees shall review the application to determine whether [it is] the application:
(a) Complies with NRS 386.500 to 386.610, inclusive, and sections 3 to 8, inclusive, of this act and the regulations applicable to charter schools; and
(b) Is complete in accordance with the regulations of the department.
2. The department shall assist the board of trustees of a school district in the review of an application. The board of trustees shall approve an application if it [is complete.] satisfies the requirements of paragraphs (a) and (b) of subsection 1. The board of trustees shall provide written notice to the applicant of its approval or denial of the application.
3. If the board of trustees denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
[2. If an application is approved by the board of trustees, the board of trustees and the applicant shall enter into a written agreement concerning the methods and procedures for the board of trustees to monitor the progress of the charter school. The written agreement must authorize the board of trustees and the department to physically inspect the school at any time. The contents of the application set forth in NRS 386.520 and the written agreement entered into pursuant to this subsection shall be deemed the written charter of the charter school. A written charter is for a term of 6 years unless the governing body of the charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530.
κ1999 Statutes of Nevada, Page 3296 (CHAPTER 606, AB 348)κ
unless the governing body of the charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530.
3. If an application is approved by the board of trustees, the committee to form a charter school that submitted the application shall be deemed the governing body of the charter school.
4. Upon request of the governing body of a charter school and the approval of the board of trustees of the school district that granted the written charter, the written charter may be amended if such amendment will grant to the charter school a greater ability to achieve its educational goals and objectives. An amendment must not authorize an extension of the duration of the term of the written charter.]
4. If the board of trustees denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request to the subcommittee on charter schools created pursuant to section 3 of this act, not more than 30 days after receipt of the written notice of denial, to direct the board of trustees to reconsider the application. The subcommittee shall consider requests for reconsideration in the order in which they are received. If the subcommittee receives such a request, it shall consider the request at its next regularly scheduled meeting and ensure that notice of the meeting is posted in accordance with chapter 241 of NRS. Not more than 30 days after the meeting, the subcommittee shall provide written notice of its determination to the applicant and to the board of trustees. If the subcommittee denies the request for reconsideration, the applicant may, not more than 30 days after the receipt of the written notice from the subcommittee, appeal the determination to the district court of the county in which the proposed charter school will be located.
5. If the subcommittee on charter schools grants a request to direct reconsideration, the written notice to the board of trustees of the school district that denied the application must include, without limitation, instructions to the board of trustees concerning the reconsideration of the application. Not more than 30 days after receipt of the written notice from the subcommittee directing the reconsideration, the board of trustees shall reconsider the application in accordance with the instructions of the subcommittee, make a final determination on the application and provide written notice of the determination to the applicant. If, upon reconsideration of the application, the board of trustees denies the application, the applicant may, not more than 30 days after the receipt of the written notice from the board of trustees, appeal the final determination to the district court of the county in which the proposed charter school will be located.
Sec. 15. NRS 386.535 is hereby amended to read as follows:
386.535 1. The [board of trustees of a school district] sponsor of a charter school may revoke the written charter of the charter school before the expiration of the charter if [a majority of the members of the board of trustees] the sponsor determines that [the] :
(a) The charter school, its officers or its employees have failed to comply with:
κ1999 Statutes of Nevada, Page 3297 (CHAPTER 606, AB 348)κ
[1.] (1) The terms and conditions of the written charter [, including, without limitation, the times by which certain academic or educational results would be achieved;
2.] ;
(2) Generally accepted standards of accounting and fiscal management; or
[3.] (3) The provisions of NRS 386.500 to 386.610, inclusive, and sections 3 to 8, inclusive, of this act or any other statute or regulation applicable to charter schools [.] ;
(b) The charter school has filed for a voluntary petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise financially impaired such that the charter school cannot continue to operate; or
(c) There is reasonable cause to believe that revocation is necessary to protect the health and safety of the pupils who are enrolled in the charter school or persons who are employed by the charter school from jeopardy, or to prevent damage to or loss of the property of the school district or the community in which the charter school is located.
2. At least 90 days before the sponsor intends to revoke a written charter, the sponsor shall provide written notice to the governing body of the charter school of its intention. The written notice must:
(a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; and
(b) Prescribe a period, not less than 30 days, during which the charter school may correct the deficiencies.
If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b), the sponsor shall not revoke the written charter of the charter school.
Sec. 16. NRS 386.545 is hereby amended to read as follows:
386.545 The department and the board of trustees of a school district shall:
1. Upon request, provide information to the general public concerning the formation and operation of charter schools;
2. Maintain a list available for public inspection that describes the location of each charter school;
3. [Maintain a list available for public inspection of any buildings or facilities that may be suitable for the operation of a charter school;
4.] Provide reasonable assistance to an applicant for a charter school and to a charter school in carrying out the provisions of NRS 386.500 to 386.610, inclusive , [; and
5.] sections 3 to 8, inclusive, of this act;
4. Provide technical and other reasonable assistance to a charter school for the operation of the charter school [.] ; and
5. Provide information to the governing body of a charter school concerning the availability of money for the charter school, including, without limitation, money available from the Federal Government.
Sec. 17. NRS 386.550 is hereby amended to read as follows:
386.550 A charter school shall:
1. Comply with all laws and regulations relating to discrimination and civil rights.
κ1999 Statutes of Nevada, Page 3298 (CHAPTER 606, AB 348)κ
2. Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.
3. Refrain from charging tuition or fees, levying taxes or issuing bonds.
4. Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.
5. Comply with the provisions of chapter 241 of NRS.
6. [Schedule] Except as otherwise provided in this subsection, schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located. The governing body of a charter school may submit a written request to the superintendent of public instruction for a waiver from providing the days of instruction required by this subsection. The superintendent of public instruction may grant such a request if the governing body demonstrates to the satisfaction of the superintendent that:
(a) Extenuating circumstances exist to justify the waiver; and
(b) The charter school will provide at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.
7. Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 and the examinations required pursuant to section 11 of [this act] Senate Bill No. 466 of this session to the pupils who are enrolled in the charter school.
8. Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.
9. Provide at least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.
10. [Provide instruction on acquired immune deficiency syndrome and the human reproductive system, related to communicable diseases and sexual responsibility in accordance with NRS 389.065.
11. Adhere to the same transportation policy that is in effect in the school district in which the charter school is located.
12.] Refrain from using public money to purchase real property or buildings without the approval of the sponsor.
11. Hold harmless, indemnify and defend the sponsor of the charter school against any claim or liability arising from an act or omission by the governing body of the charter school or an employee or officer of the charter school. An action at law may not be maintained against the sponsor of a charter school for any cause of action for which the charter school has obtained liability insurance.
12. Provide written notice to the parents or legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of whether the charter school is accredited by the Commission on Schools of the Northwest Association of Schools and Colleges.
κ1999 Statutes of Nevada, Page 3299 (CHAPTER 606, AB 348)κ
13. Adopt a final budget in accordance with the regulations adopted by the department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.
Sec. 18. NRS 386.560 is hereby amended to read as follows:
386.560 1. [A] The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or the University and Community College System of Nevada for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school, including, without limitation, transportation and the provision of health services for the pupils who are enrolled in the charter school.
2. A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district and during times that are not regular school hours.
3. The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district.
4. Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in a class that is not available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:
(a) Space for the pupil in the class or extracurricular activity is available; and
(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.
If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity.
5. Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in sports at the public school that he would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the same zone of attendance as the charter school if:
(a) Space is available for the pupil to participate; and
(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.
If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to participate.
κ1999 Statutes of Nevada, Page 3300 (CHAPTER 606, AB 348)κ
6. The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections 4 and 5 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or an association for interscholastic activities. If the board of trustees so revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.
Sec. 19. NRS 386.565 is hereby amended to read as follows:
386.565 The board of trustees of a school district [that approves the formation of] in which a charter school is located shall not:
1. Assign any pupil who is enrolled in a public school in the school district or any employee who is employed in a public school in the school district to a charter school.
2. Interfere with the operation and management of the charter school except as authorized by the written charter, NRS 386.500 to 386.610, inclusive, and sections 3 to 8, inclusive, of this act and any other statute or regulation applicable to charter schools or its officers or employees.
Sec. 20. NRS 386.570 is hereby amended to read as follows:
386.570 1. [Pupils who are] Each pupil who is enrolled in a charter school, including, without limitation, [pupils who are] a pupil who is enrolled in [programs] a program of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the state distributive school account pursuant to NRS 387.121 to 387.126, inclusive [.] , unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.
2. The governing body of a charter school may negotiate with the board of trustees of the school district and the state board for additional money to pay for services which the governing body wishes to offer.
3. To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year [,] of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection 2 of NRS 387.124, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.
4. The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies.
κ1999 Statutes of Nevada, Page 3301 (CHAPTER 606, AB 348)κ
public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools.
5. If a charter school uses money received from this state to purchase real property, buildings, equipment or facilities, the governing body of the charter school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.
Sec. 21. NRS 386.575 is hereby amended to read as follows:
386.575 1. If a charter school files a voluntary petition of bankruptcy or is declared bankrupt during a school year, the governing body of the charter school shall make an assignment of all real property and other property of the charter school to the State of Nevada for the repayment of all money received by the charter school from this state for the operation of the charter school during that year. The governing body shall make full settlement with this state for such repayment, and the state may take any lawful action necessary to recover the money.
2. If a charter school files a voluntary petition of bankruptcy or is declared bankrupt during a school year, neither the State of Nevada nor the sponsor of the charter school may be held liable for any claims resulting from the bankruptcy.
Sec. 22. NRS 386.580 is hereby amended to read as follows:
386.580 1. [The policies for admission to a charter school must be consistent with the provisions of the written charter of the charter school and must be directly related to the goals and missions of the charter school.
2.] An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this state. Except as otherwise provided in this subsection, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.
[3.] 2. Except as otherwise provided in subsection [5,] 4, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:
(a) Race;
(b) Gender;
(c) Religion;
(d) Ethnicity; or
(e) Disability,
of a pupil.
κ1999 Statutes of Nevada, Page 3302 (CHAPTER 606, AB 348)κ
[4.] 3. If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.
[5.] 4. This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:
(a) With disabilities;
(b) Who pose such severe disciplinary problems that they warrant an educational program specifically designed to serve a single gender and emphasize personal responsibility and rehabilitation; or
(c) Who are at risk.
If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.
Sec. 23. NRS 386.590 is hereby amended to read as follows:
386.590 1. [At least 75] Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must be licensed teachers. If a charter school is a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.
2. A governing body of a charter school [may employ persons who are not licensed teachers to provide instruction at the charter school if not more than 25 percent of teachers who provide instruction at the charter school are not licensed. A person who is employed pursuant to this subsection must:
(a) Possess a temporary license to teach during the time that he is fulfilling the requirements for full licensure;
(b) Possess a baccalaureate degree or higher degree; or
(c) Have at least 8 years of experience in the field in which he is employed and possess exemplary skills in that field.
3. A person who is employed pursuant to paragraph (b) or (c) of subsection 2:
(a) Must provide instruction at a charter school only under the direction of a licensed teacher. The licensed teacher must be responsible for all instructional activities of the unlicensed teacher.
(b) May only be selected for employment based upon his qualifications, as determined by the charter school.] shall employ:
(a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those grades.
(b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the following courses of study:
(1) English, including reading, composition and writing;
(2) Mathematics;
(3) Science; and
κ1999 Statutes of Nevada, Page 3303 (CHAPTER 606, AB 348)κ
(4) Social studies, which includes only the subjects of history, geography, economics and government.
(c) In addition to the requirements of paragraphs (a) and (b):
(1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.
(2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if those teachers are employed full time.
(3) If a charter school specializes in the construction industry or other building industry and the school offers courses of study in computer education, technology or business, licensed teachers to teach those courses of study if those teachers are employed full time.
3. A charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a licensed teacher is not required pursuant to subsection 2 if the person has:
(a) A degree, a license or a certificate in the field for which he is employed to teach at the charter school; and
(b) At least 2 years of experience in that field.
4. A charter school may employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:
(a) A masters degree in school administration, public administration or business administration; or
(b) If the person has at least 5 years of experience in administration, a baccalaureate degree.
5. A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this state or another state.
Sec. 24. NRS 386.595 is hereby amended to read as follows:
386.595 1. Except as otherwise provided in this subsection and [subsection 2,] subsections 2 and 3, the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school. If a written charter is renewed, the employees of the charter school may, at the time of renewal, apply for recognition as a bargaining unit pursuant to NRS 288.160.
2. A charter school is exempt from the specific provisions of the collective bargaining agreement that controls the:
(a) Periods of preparation time for teachers, provided that the charter school allows at least the same amount of time for preparation as the school district;
(b) Times of day that a teacher may work;
(c) Number of hours that a teacher may work in 1 day;
(d) Number of hours and days that a teacher may work in 1 week; and
(e) Number of hours and days that a teacher may work in 1 year.
If a teacher works more than the number of hours or days prescribed in the collective bargaining agreement, the teacher must be compensated for the additional hours or days in an amount calculated by prorating the salary for the teacher that is set forth in the collective bargaining agreement.
κ1999 Statutes of Nevada, Page 3304 (CHAPTER 606, AB 348)κ
the additional hours or days in an amount calculated by prorating the salary for the teacher that is set forth in the collective bargaining agreement.
3. A teacher or a governing body of a charter school may request that the board of trustees of the school district and other persons who entered into the collective bargaining agreement grant a waiver from specific provisions of the collective bargaining agreement for the teacher or governing body.
[3.] 4. All employees of a charter school shall be deemed public employees.
[4.] 5. The governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless the applicable collective bargaining agreement contains separate provisions relating to the discipline of licensed employees of a school.
[5.] 6. If the written charter of a charter school is revoked, the employees of the charter school must be reassigned to employment within the school district in accordance with the collective bargaining agreement.
[6.] 7. The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed 6 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.
[7.] 8. An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the public employees retirement system and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.
[8.] 9. Upon the return of a teacher to employment in the school district, he is entitled to the same level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.
[9.] 10. An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the public employees retirement system.
κ1999 Statutes of Nevada, Page 3305 (CHAPTER 606, AB 348)κ
[10.] 11. For all employees of a charter school:
(a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the public employees retirement system.
(b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.
12. If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:
(a) Ensure that the premiums for that insurance are paid to the board of trustees; and
(b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.
Sec. 25. NRS 386.605 is hereby amended to read as follows:
386.605 1. On or before April 15 of each year, the governing body of each charter school shall submit the information concerning the charter school that is contained in the report required pursuant to subsection 2 of NRS 385.347 to the:
(a) Governor;
(b) State board;
(c) Department;
(d) Legislative committee on education created pursuant to NRS 218.5352; and
(e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.
2. On or before April 15 of each year, the governing body of each charter school shall submit the information prepared by the governing body that is contained in the report pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.
3. On or before June 15 of each year, the governing body of each charter school shall:
(a) Prepare:
(1) A separate written report summarizing the effectiveness of the charter schools program of accountability. The report must include:
(I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based; and
(II) The identification of any problems or factors at the charter school that are revealed by the review and analysis.
κ1999 Statutes of Nevada, Page 3306 (CHAPTER 606, AB 348)κ
(2) A written procedure to improve the achievement of pupils who are enrolled in the charter school, including, but not limited to, a description of the efforts the governing body has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the governing body to evaluate the effectiveness of the written procedure.
(b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:
(1) Governor;
(2) State board;
(3) Department;
(4) Legislative committee on education created pursuant to NRS 218.5352; and
(5) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.
4. The department shall maintain a record of the information that it receives from each charter school pursuant to this section in such a manner as will allow the department to create for each charter school a yearly profile of information.
5. The governing body of each charter school shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the charter school adopted by the governing body of the charter school [.] pursuant to the regulations of the department.
6. The legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.
Sec. 26. NRS 387.123 is hereby amended to read as follows:
387.123 1. The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district or pupils who reside in the county in which the school district is located and are enrolled in any charter school for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.
(d) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
(e) Pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.560.
(f) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.
κ1999 Statutes of Nevada, Page 3307 (CHAPTER 606, AB 348)κ
(g) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma [.] , excluding those pupils who are included in paragraphs (e) and (f).
2. The state board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
3. Except as otherwise provided in subsection 4 and NRS 388.700, the state board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.
4. A charter school is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.
Sec. 27. NRS 387.1233 is hereby amended to read as follows:
387.1233 1. Except as otherwise provided in subsection 2, basic support of each school district must be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school [.] on the last day of the first school month of the school district for the school year.
(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school [.] on the last day of the first school month of the school district for the school year.
κ1999 Statutes of Nevada, Page 3308 (CHAPTER 606, AB 348)κ
(3) The count of pupils not included under subparagraph (1) or (2) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.
(4) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school district for the school year.
(5) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.
(6) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).
(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.
(c) Adding the amounts computed in paragraphs (a) and (b).
2. If the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year [in a school district or a charter school] is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the larger number must be used for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
4. Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department of education.
5. Part-time pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department.
Sec. 28. NRS 387.124 is hereby amended to read as follows:
387.124 Except as otherwise provided in NRS 387.528:
1. On or before August 1, November 1, February 1 and May 1 of each year, the superintendent of public instruction shall , except as otherwise provided in subsections 2 and 3, apportion the state distributive school account in the state general fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve.
κ1999 Statutes of Nevada, Page 3309 (CHAPTER 606, AB 348)κ
and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. The apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.
2. The governing body of a charter school may submit a written request to the superintendent of public instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the superintendent of public instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.
3. If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.
Sec. 29. NRS 387.1243 is hereby amended to read as follows:
387.1243 1. The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.
2. The apportionments to a school district may be adjusted during a fiscal year by the department of education, upon approval by the board of examiners and the interim finance committee, if the department of taxation and the county assessor in the county in which the school district is located certify to the department of education that the school district will not receive the tax levied pursuant to subsection 1 of NRS 387.195 on property of the Federal Government located within the county if:
(a) The leasehold interest, possessory interest, beneficial interest or beneficial use of the property is subject to taxation pursuant to NRS 361.157 and 361.159 and one or more lessees or users of the property are delinquent in paying the tax; and
(b) The total amount of tax owed but not paid for the fiscal year by any such lessees and users is at least 5 percent of the proceeds that the school district would have received from the tax levied pursuant to subsection 1 of NRS 387.195.
κ1999 Statutes of Nevada, Page 3310 (CHAPTER 606, AB 348)κ
If a lessee or user pays the tax owed after the school districts apportionment has been increased in accordance with the provisions of this subsection to compensate for the tax owed, the school district shall repay to the distributive school account in the state general fund an amount equal to the tax received from the lessee or user for the year in which the school district received an increased apportionment, not to exceed the increase in apportionments made to the school district pursuant to this subsection.
3. On or before August 1 of each year, the board of trustees of a school district shall provide to the department, in a format prescribed by the department, the count of pupils calculated pursuant to subparagraph (6) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at least one semester during the immediately preceding school year. The count of pupils submitted to the department must be included in the final adjustment computed pursuant to subsection 4.
4. A final adjustment for each school district and charter school must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children in a school district or a charter school located within the school district described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month of the school district after the second school month of the school district and the increase in enrollment shows at least:
(a) A 3 percent gain, basic support as computed from first month enrollment for the school district or charter school must be increased by 2 percent.
(b) A 6 percent gain, basic support as computed from first month enrollment for the school district or charter school must be increased by an additional 2 percent.
[4.] 5. If the final computation of apportionment for any school district or charter school exceeds the actual amount paid to the school district or charter school during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district or charter school is less than the actual amount paid to the school district or charter school during the school year, the difference must be repaid to the state distributive school account in the state general fund by the school district or charter school before September 25.
Sec. 30. NRS 387.185 is hereby amended to read as follows:
387.185 1. Except as otherwise provided in subsection 2 and NRS 387.528, all school money due each county school district must be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
2. Except as otherwise provided in NRS 387.528, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due that school district must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
κ1999 Statutes of Nevada, Page 3311 (CHAPTER 606, AB 348)κ
must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
3. No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this Title and regulations adopted pursuant thereto.
4. [All] Except as otherwise provided in this subsection, all school money due each charter school must be paid over by the state treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124. If the superintendent of public instruction has approved, pursuant to subsection 2 of NRS 387.124, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the charter school must be paid by the state treasurer to the governing body of the charter school on July 1, October 1, January 1 or April 1, as applicable.
Sec. 31. NRS 388.020 is hereby amended to read as follows:
388.020 1. An elementary school is a public school in which [no] grade work is not given above that included in the eighth grade, according to the regularly adopted state course of study.
2. A junior high or middle school is a public school in which the sixth, seventh, eighth and ninth grades are taught under a course of study prescribed and approved by the state board. The school is an elementary or secondary school for the purpose of [teachers certifications.] the licensure of teachers.
3. A high school is a public school in which subjects above the eighth grade, according to the state course of study, may be taught. The school is a secondary school for the purpose of [teachers certifications.] the licensure of teachers.
4. A special school is an organized unit of instruction operating with approval of the state board.
5. A charter school is a public school that is formed pursuant to the provisions of NRS 386.500 to 386.610, inclusive [.] , and sections 3 to 8, inclusive, of this act.
Sec. 32. NRS 388.367 is hereby amended to read as follows:
388.367 1. There is hereby created in the state treasury the fund for the school to careers program to be administered by the state board. The superintendent may accept gifts and grants of money from any source for deposit in the fund. All legislative appropriations, gifts and grants made to the fund become a part of the principal of the fund which may be reduced only by specific legislative action. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
2. Money in the fund must be used for the program to provide pupils with the skills to make the transition from school to careers adopted pursuant to NRS 388.368.
κ1999 Statutes of Nevada, Page 3312 (CHAPTER 606, AB 348)κ
3. Money in the fund must not be:
(a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or
(b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.
4. The state board shall establish annually, within the limits of money available in the fund, a basic allocation of:
(a) Twenty-five thousand dollars to each school district and each university and community college within the University and Community College System of Nevada whose application to participate in the program adopted pursuant to NRS 388.368 is approved pursuant to subsection 5 of that section.
(b) Not more than $25,000 to each charter school whose application to participate in the program adopted pursuant to NRS 388.368 is approved pursuant to subsection 5 of that section.
5. Any money remaining after the allocations made pursuant to subsection 4 must be allocated to:
(a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 to 12, inclusive, within the district on the last day of the first school month of the school district for the school year preceding the school year for which the money is being provided;
(b) Charter schools with approved applications in proportion to the total number of pupils enrolled in grades 7 to 12, inclusive, within the charter school on the last day of the first school month of the school district in which the charter school is located for the school year preceding the school year for which the money is being provided; and
(c) Community colleges with approved applications in proportion to the total number of full-time students enrolled on October 15 of the school year preceding the school year for which the money is being provided.
Sec. 33. (Deleted by amendment.)
Sec. 34. NRS 388.700 is hereby amended to read as follows:
388.700 1. Except as otherwise provided in subsections 2 [and 3,] , 3 and 6, after the last day of the first month of the school year, the ratio in each school district of pupils per class in kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught. In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 or 3 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.
2. A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.
3. The state board may grant to a school district a variance from the limitation on the number of pupils per class set forth in subsection 1 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.
4. The state board shall, on or before February 1 of each odd‑numbered year, report to the legislature on:
κ1999 Statutes of Nevada, Page 3313 (CHAPTER 606, AB 348)κ
(a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.
(b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.
5. The department shall, on or before November 15 of each year, report to the chief of the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau:
(a) The number of teachers employed;
(b) The number of teachers employed in order to attain the ratio required by subsection 1;
(c) The number of pupils enrolled; and
(d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,
during the current school year in kindergarten and grades 1, 2 and 3 for each school district.
6. The provisions of this section do not apply to a charter school.
Secs. 35 and 36. (Deleted by amendment.)
Sec. 37. NRS 389.160 is hereby amended to read as follows:
389.160 1. A pupil enrolled in high school , including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school, who successfully completes a course of education offered by a community college or university in this state which has been approved pursuant to subsection 2, must be allowed to apply the credit received for the course so completed to the total number of credits required for graduation from high school [.] or the charter school in which the pupil is enrolled.
2. With the approval of the state board, the board of trustees of each county school district and the governing body of each charter school shall prescribe the courses for which credits may be received pursuant to subsection 1, including occupational courses for academic credit, and the amount of credit allowed for the completion of those courses.
Sec. 38. NRS 391.060 is hereby amended to read as follows:
391.060 1. Except as otherwise provided in NRS 391.070, it is unlawful for:
(a) The superintendent of public instruction to issue a license to, or a board of trustees of a school district or a governing body of a charter school to employ, any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.
(b) The state controller or any county auditor to issue any warrant to any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.
2. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
κ1999 Statutes of Nevada, Page 3314 (CHAPTER 606, AB 348)κ
Sec. 39. NRS 391.070 is hereby amended to read as follows:
391.070 [Nothing in NRS 391.060 or in any other law prohibits the employment, by a] The board of trustees of a school district [, of any] or the governing body of a charter school, may employ a teacher or instructor authorized to teach in the United States under the teacher exchange programs authorized by laws of the Congress of the United States.
Sec. 40. NRS 391.200 is hereby amended to read as follows:
391.200 The salaries of [the teachers] :
1. Teachers and other licensed personnel in a school district , as determined by the contracts between the teachers and other licensed employees and the board of trustees ; and
2. Teachers in a charter school,
are prior claims upon the school district fund.
Sec. 41. NRS 391.230 is hereby amended to read as follows:
391.230 1. [Upon] Except as otherwise provided in subsection 3, upon the opening of any public school in this state, every teacher and other licensed employee employed for that school shall file with the superintendent of the county school district a Nevada license entitling the holder to teach or perform other educational functions in the school in which he will be employed, and any other report that the superintendent of public instruction requires.
2. The superintendent of the county school district shall acknowledge the receipt of each license and shall make a proper record thereof in his office. The license must remain on file and be safely kept in the office of the superintendent of the county school district.
3. This section does not apply to unlicensed teachers who are employed by a charter school.
Sec. 42. NRS 391.240 is hereby amended to read as follows:
391.240 [Each]
1. Except as otherwise provided in subsection 2, each teacher in the public schools shall keep a true, full and correct register of all pupils attending such school as required by the board of trustees of the school district in accordance with the regulations prescribed by the superintendent of public instruction.
2. Each teacher in a charter school shall keep a record of the enrollment of pupils in the charter school in accordance with the regulations prescribed by the superintendent of public instruction.
Sec. 43. NRS 391.273 is hereby amended to read as follows:
391.273 1. [Unless specifically exempted pursuant to subsection 4,] Except as otherwise provided in subsections 4 and 9, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed personnel are in the immediate location of the licensed personnel and are readily available during such times when supervision is required.
2. Unlicensed personnel who are exempted pursuant to subsection 4 must be under administrative supervision when performing duties which are instructional in nature.
κ1999 Statutes of Nevada, Page 3315 (CHAPTER 606, AB 348)κ
3. Unlicensed personnel may temporarily perform duties under administrative supervision which are not primarily instructional in nature.
4. Upon application by a superintendent of schools, the superintendent of public instruction may grant an exemption from the provisions of subsection 1. The superintendent shall not grant an exemption unless:
(a) The duties are within the employees special expertise or training;
(b) The duties relate to the humanities or an elective course of study, or are supplemental to the basic curriculum of a school;
(c) The performance of the duties does not result in the replacement of a licensed employee or prevent the employment of a licensed person willing to perform those duties;
(d) The secondary or combined school in which the duties will be performed has less than 100 pupils enrolled and is at least 30 miles from a school in which the duties are performed by licensed personnel; and
(e) The unlicensed employee submits his fingerprints for an investigation pursuant to NRS 391.033.
5. The superintendent of public instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district [,] and advise the clerk of any changes therein. The record must contain:
(a) The name of the exempt employee;
(b) The specific instructional duties he may perform;
(c) Any terms or conditions of the exemption deemed appropriate by the superintendent of public instruction; and
(d) The date the exemption expires or a statement that the exemption is valid as long as the employee remains in the same position at the same school.
6. The superintendent of public instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.
7. Except in an emergency, it is unlawful for the board of trustees of a school district to allow a person employed as a teachers aide to serve as a teacher unless the person is a legally qualified teacher licensed by the superintendent of public instruction. As used in this subsection, emergency means an unforeseen circumstance which requires immediate action and includes the fact that a licensed teacher or substitute teacher is not immediately available.
8. If the superintendent of public instruction determines that the board of trustees of a school district has violated the provisions of subsection 7, he shall take such actions as are necessary to reduce the amount of money received by the district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:
(a) The number of days on which the violation occurred;
(b) The number of pupils in the classroom taught by the teachers aide; and
(c) The number of dollars of basic support apportioned to the district per pupil per day pursuant to NRS 387.1233.
9. The provisions of this section do not apply to unlicensed personnel who are employed by the governing body of a charter school.
κ1999 Statutes of Nevada, Page 3316 (CHAPTER 606, AB 348)κ
Sec. 44. NRS 392.035 is hereby amended to read as follows:
392.035 1. In determining the mobility of pupils in a school, for any purpose, the department shall divide the sum of the following numbers by the cumulative enrollment in the school:
(a) The number of late entries or transfers into a school from another school, school district or state, after the beginning of the school year;
(b) The number of pupils reentering the school after having withdrawn from the same school; and
(c) The number of pupils who withdraw for any reason or who are dropped for nonattendance.
2. To determine the cumulative enrollment of the school pursuant to subsection 1, the department shall add the total number of pupils enrolled in programs of instruction in the school who are included in the count for apportionment purposes pursuant to paragraphs (a), (b) , [and] (c) , (e) and (f) of subsection 1 of NRS 387.123 and the number of pupils included in paragraphs (a) and (b) of subsection 1.
3. The department shall develop and distribute to the county school districts a form upon which the information necessary to the formula may be submitted by the individual schools.
Sec. 45. NRS 392.070 is hereby amended to read as follows:
392.070 1. Attendance required by the provisions of NRS 392.040 [shall] must be excused when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child is receiving at home or in some other school equivalent instruction of the kind and amount approved by the state board . [of education.]
2. The board of trustees of each school district shall provide programs of special education and related services for children who are exempt from compulsory attendance pursuant to subsection 1 and receive instruction at home. The programs of special education and related services required by this section must be made available:
(a) Only if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.440 to 388.520, inclusive;
(b) In the same manner that the board of trustees provides, as required by 20 U.S.C. § 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and
(c) In accordance with the same requirements set forth in 20 U.S.C. § 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians.
3. Except as otherwise provided in subsection 2 for programs of special education and related services, upon the request of a parent or legal guardian of a child who is enrolled in a private school or who receives instruction at home, the board of trustees of the school district in which the child resides shall authorize the child to participate in a class that is not available to the child at the private school or home school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:
κ1999 Statutes of Nevada, Page 3317 (CHAPTER 606, AB 348)κ
(a) Space for the child in the class or extracurricular activity is available; and
(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the child is qualified to participate in the class or extracurricular activity.
If the board of trustees of a school district authorizes a child to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the child to attend the class or activity.
4. The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees. If the board of trustees revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.
5. The programs of special education and related services required by subsection 2 may be offered at a public school or another location that is appropriate.
6. The department may adopt such regulations as are necessary for the boards of trustees of school districts to provide the programs of special education and related services required by subsection 2.
7. As used in this section, related services has the meaning ascribed to it in 20 U.S.C. § 1401(22).
Sec. 46. NRS 392.466 is hereby amended to read as follows:
392.466 1. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school, sells or distributes any controlled substance or is found in possession of a dangerous weapon, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must:
(a) Be permanently expelled from that school; and
(b) Receive equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070.
2. Except as otherwise provided in this section, any pupil who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must:
(a) Be permanently expelled from the school; and
(b) Receive equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070.
The superintendent of schools of a school district may, in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.
κ1999 Statutes of Nevada, Page 3318 (CHAPTER 606, AB 348)κ
3. Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must receive equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070.
4. This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
6. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
7. As used in this section:
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) Dangerous weapon includes, without limitation, a blackjack, slung shot, billy, sand‑club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(c) Firearm includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a firearm in 18 U.S.C. § 921, as that section existed on July 1, 1995.
Sec. 47. NRS 393.010 is hereby amended to read as follows:
393.010 The board of trustees of a school district shall:
1. Manage and control the school property within its district [.] , except for any property belonging to a charter school.
2. Have the custody and safekeeping of the district schoolhouses, their sites and appurtenances.
κ1999 Statutes of Nevada, Page 3319 (CHAPTER 606, AB 348)κ
Sec. 48. NRS 394.103 is hereby amended to read as follows:
394.103 Private schools means private elementary and secondary educational institutions. The term does not include a home in which instruction is provided to a child who is excused from compulsory attendance pursuant to subsection 1 of NRS 392.070.
Sec. 49. NRS 41.0305 is hereby amended to read as follows:
41.0305 As used in NRS 41.0305 to 41.039, inclusive, the term political subdivision includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C. § 2790 before that section was repealed and is included in the definition of an eligible entity pursuant to 42 U.S.C. § 9902, the Nevada rural housing authority, an airport authority created by special act of the legislature, a regional transportation commission and a fire protection district, irrigation district, school district , governing body of a charter school and other special district that performs a governmental function, even though it does not exercise general governmental powers.
Sec. 50. NRS 41.0307 is hereby amended to read as follows:
41.0307 As used in NRS 41.0305 to 41.039, inclusive:
1. Employee includes an employee of a [part-time] :
(a) Part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
(b) Charter school.
2. Employment includes any services performed by an immune contractor.
3. Immune contractor means any natural person, professional corporation or professional association which:
(a) Is an independent contractor with the state pursuant to NRS 284.173; and
(b) Contracts to provide medical services for the department of prisons.
As used in this subsection, professional corporation and professional association [,] have the meanings ascribed to them in NRS 89.020.
4. Public officer or officer includes:
(a) A member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
(b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.
(c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.
Sec. 51. NRS 286.070 is hereby amended to read as follows:
286.070 1. Public employer means the state, one of its agencies or one of its political subdivisions, the system, irrigation districts created under the laws of the State of Nevada, a nonprofit corporation to which a public hospital has been conveyed or leased pursuant to NRS 450.500, a public or quasi-public organization or agency that is funded, at least in part, by public money, including a regional transportation commission, a governing body of a charter school and a council of governments created pursuant to the laws of the State of Nevada.
κ1999 Statutes of Nevada, Page 3320 (CHAPTER 606, AB 348)κ
a charter school and a council of governments created pursuant to the laws of the State of Nevada.
2. State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit money with the state treasurer.
Sec. 52. NRS 332.185 is hereby amended to read as follows:
332.185 1. Except as otherwise provided in subsection 3 and NRS 334.070, all sales or leases of personal property of the local government must be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property; but the governing body or its authorized representative may sell any such personal property at public auction if it deems such a sale desirable and in the best interests of the local government.
2. The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district without regard to:
(a) The provisions of this chapter; or
(b) Any statute, regulation, ordinance or resolution that requires:
(1) The posting of notice or public advertising.
(2) The inviting or receiving of competitive bids.
(3) The selling or leasing of personal property by contract or at a public auction.
3. The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.
Sec. 53. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 30, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that persons proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensees revenue from any slot machine that is operated on the premises of a licensee for that persons proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
κ1999 Statutes of Nevada, Page 3321 (CHAPTER 606, AB 348)κ
operated on the premises of a licensee for that persons proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
4. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.
5. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school account in the state general fund.
6. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, at page 1503, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, and the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997, at page 3106. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University and Community College System of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated. The amount equal to the saving realized in that fiscal year from the refunding must be used by the University and Community College System of Nevada to defray, in whole or in part, the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
κ1999 Statutes of Nevada, Page 3322 (CHAPTER 606, AB 348)κ
7. After the requirements of subsection 6 have been met for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University and Community College System of Nevada, including, but not limited to, capital improvement projects for the community colleges of the University and Community College System of Nevada. As used in this subsection, construction includes, but is not limited to, planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the state general fund but remains in those funds for authorized expenditure.
8. The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts and charter schools of the state at the times and in the manner provided by law.
9. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 54. Section 8 of Senate Bill No. 341 of this session is hereby amended to read as follows:
Sec. 8. NRS 332.185 is hereby amended to read as follows:
332.185 1. Except as otherwise provided in subsection 2 and NRS 334.070, all sales or leases of personal property of the local government must be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property . [; but the] The governing body or its authorized representative may sell any such personal property at public auction if it determines that the property is no longer required for public use and deems such a sale desirable and in the best interests of the local government.
2. The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district without regard to:
(a) The provisions of this chapter; or
(b) Any statute, regulation, ordinance or resolution that requires:
(1) The posting of notice or public advertising.
(2) The inviting or receiving of competitive bids.
(3) The selling or leasing of personal property by contract or at a public auction.
3. The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.
Sec. 55. NRS 386.510 is hereby repealed.
κ1999 Statutes of Nevada, Page 3323 (CHAPTER 606, AB 348)κ
Sec. 56. 1. There is hereby appropriated from the state general fund to the department of education for disbursement to the Andre Agassi Foundation the sum of $600,000 for the expansion of the Andre Agassi Boys and Girls Club Education Center in Southern Nevada.
2. The superintendent of public instruction shall disburse the appropriation made by subsection 1 to the Andre Agassi Foundation only if the superintendent and the chief of the budget division of the department of administration determine that the Andre Agassi Foundation has received money from the Federal Government in an amount sufficient to assist the foundation in the expansion of the Andre Agassi Boys and Girls Club Education Center in Southern Nevada.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 57. 1. There is hereby appropriated from the state general fund to the department of education:
For the fiscal year 1999-2000.............................................................................................................................. $57,845
For the fiscal year 2000-2001.............................................................................................................................. $59,155
2. The money appropriated by subsection 1 must be used for:
(a) The travel and operating expenses of the three members of the state board of education who are appointed to the subcommittee on charter schools created pursuant to section 3 of this act;
(b) A half-time education consultant; and
(c) A quarter-time Management Assistant I to assist the consultant and the subcommittee with work relating to charter schools.
3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 58. (Deleted by amendment.)
Sec. 59. 1. Notwithstanding the amendatory provisions of this act, the board of trustees of a school district that has entered into a written charter with a charter school before July 1, 1999, shall continue to sponsor the charter school. The governing body of a charter school may submit a written request for an amendment of the written charter of the charter school in accordance with the amendatory provisions of this act. If the proposed amendment complies with NRS 386.500 to 386.610 inclusive, and sections 3 to 8, inclusive, of this act and any other statute or regulation applicable to charter schools, the sponsor of the charter school shall amend the written charter in accordance with the proposed amendment.
2. A charter school that has entered into a written charter with the board of trustees of a school district before July 1, 1999, may, upon the expiration of its written charter, apply for renewal of the charter to the board of trustees of the school district in accordance with the amendatory provisions of this act.
κ1999 Statutes of Nevada, Page 3324 (CHAPTER 606, AB 348)κ
Sec. 60. 1. This section and sections 56 and 57 of this act become effective upon passage and approval.
2. Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24, inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of this act become effective on July 1, 1999.
3. Sections 17, 25 and 46 of this act become effective at 12:01 a.m. on July 1, 1999.
4. Section 12.5 of this act becomes effective on July 1, 2001.
5. Section 55 of this act becomes effective on July 1, 2003.
________
Assembly Bill No. 686Committee on Education
CHAPTER 607
AN ACT relating to public schools; creating the Commission on School Safety and Juvenile Violence; providing for its membership and duties; making an appropriation; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. 1. The Commission on School Safety and Juvenile Violence, consisting of 11 members, is hereby created.
2. The Majority Leader of the Senate shall appoint three members to the Commission as follows:
(a) One Senator;
(b) One representative of law enforcement; and
(c) One principal of a public school in this state that is located in an urban area.
3. The Speaker of the Assembly shall appoint three members to the Commission as follows:
(a) One Assemblyman;
(b) One representative of law enforcement; and
(c) One principal of a public school in this state that is located in a rural county.
4. The Governor shall appoint five members to the Commission as follows:
(a) One teacher who currently provides instruction in a high school;
(b) One teacher who currently provides instruction in a middle school or junior high school;
(c) One superintendent of schools of a school district;
(d) One parent of a pupil who is enrolled in a public school that is located in an urban area of this state; and
(e) One parent of a pupil who is enrolled in a public school that is located in a rural county.
5. The Commission shall elect a chairman from among its members.
6. A vacancy in the membership of the Commission must be filled in the same manner as the original appointment.
κ1999 Statutes of Nevada, Page 3325 (CHAPTER 607, AB 686)κ
7. For each day or portion of a day during which a member of the Commission who is a Legislator attends a meeting of the Commission or is otherwise engaged in the work of the Commission, except during a regular or special session of the Legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
8. A member of the Commission who is not a Legislator is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally 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.
9. The Legislative Counsel Bureau shall provide administrative support to the Commission.
Sec. 2. 1. The Commission shall:
(a) Hold at least three meetings to hear public testimony regarding violence in the public schools, acts of violence committed by juveniles and methods to address violence in the public schools. The Commission shall hold at least one such meeting in:
(1) Clark County.
(2) Washoe County.
(3) A rural county.
(b) Develop and adopt a statewide plan of emergency response to incidents of school violence in accordance with section 3 of this act.
(c) Consider recommendations made by the Legislative Commissions interim study of the system of juvenile justice in the State of Nevada created pursuant to Assembly Concurrent Resolution No. 57 of the 69th session of the Nevada Legislature.
(d) Make recommendations concerning programs that are designed to:
(1) Reduce the incidence of violence in the public schools;
(2) Reduce the activities of gangs on school property and in local communities;
(3) Restrict the accessibility of firearms to juveniles; and
(4) Reduce the incidence of violence committed by juveniles in communities.
(e) Submit a report to the Director of the Legislative Counsel Bureau on or before November 1, 2000, for transmittal to the 71st session of the Nevada Legislature. The report must include:
(1) The findings of the Commission;
(2) Any programs recommended by the Commission pursuant to paragraph (d) of subsection 1;
(3) A summary of each local plan of emergency response to incidents of school violence adopted by the board of trustees of each school district pursuant to section 4 of this act; and
(4) Any recommendations for legislation.
2. The Commission may request the preparation of not more than three legislative measures to carry out the recommendations of the Commission. One legislative measure must include a proposal to codify the statewide plan of emergency response to incidents of school violence adopted by the Commission pursuant to section 3 of this act.
κ1999 Statutes of Nevada, Page 3326 (CHAPTER 607, AB 686)κ
One legislative measure must include a proposal to codify the statewide plan of emergency response to incidents of school violence adopted by the Commission pursuant to section 3 of this act.
Sec. 3. Not later than January 1, 2000, the Commission shall develop and adopt a statewide plan of emergency response to incidents of school violence. The plan must include:
1. A description of the action that will be taken in response to an incident of school violence that warrants emergency action, including, without limitation, a designation of the persons and state agencies that are primarily responsible for each action;
2. A method for determining the amount of money that is necessary to respond appropriately to an incident of school violence;
3. A mechanism for approving requests for money and a limit on the amount of money that may be granted;
4. A strategy for state officers and employees to coordinate with the appropriate city, county and federal authorities;
5. The type and duration of support services for pupils, teachers, parents and communities;
6. The type and duration of support for law enforcement agencies; and
7. Other factors that the Commission determines necessary to respond to an incident of school violence that warrants emergency action.
Sec. 4. 1. Upon adoption of the statewide plan of emergency response to incidents of school violence by the Commission, the Chairman of the Commission shall provide a copy of the plan to the Department of Education for dissemination to the board of trustees of each school district in this state.
2. On or before July 1, 2000, the board of trustees of each school district shall develop and maintain a local plan of emergency response to incidents of school violence that is consistent with the statewide plan.
Sec. 5. 1. There is hereby appropriated from the state general fund to the legislative fund the sum of $20,000 for the payment of the compensation, per diem allowances and travel expenses of the members of the Commission pursuant to subsections 7 and 8 of section 1 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 6. On or before July 1, 1999, the Majority Leader of the Senate, the Speaker of the Assembly and the Governor shall make appointments to the Commission on School Safety and Juvenile Violence in accordance with section 1 of this act.
Sec. 7. 1. This section and sections 5 and 6 of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective upon passage and approval for the purpose of appointing members to the Commission on School Safety and Juvenile Violence and on July 1, 1999, for all other purposes.
3. Sections 2, 3 and 4 of this act become effective on July 1, 1999.
4. This act expires by limitation on June 30, 2001.
________
κ1999 Statutes of Nevada, Page 3327κ
Assembly Bill No. 323Assemblymen Dini, Neighbors, de Braga, Marvel, Hettrick, Carpenter and Parnell
CHAPTER 608
AN ACT making an appropriation to the Division of Agriculture of the Department of Business and Industry for the support of the Advisory Council for Organic Agricultural Products; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Division of Agriculture of the Department of Business and Industry the sum of $15,000 for payment of compensation, per diem allowances and travel expenses of the Advisory Council for Organic Agricultural Products, created by NRS 587.810, and for program support, promotion and public outreach.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 342Committee on Ways and Means
CHAPTER 609
AN ACT making an appropriation to the Registration Division of the Department of Motor Vehicles and Public Safety for the expenses related to the production of license plates; requiring certain money collected to defray the cost of manufacturing certain special license plates to be allocated to the revolving account for the issuance of special license plates; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state highway fund to the Registration Division of the Department of Motor Vehicles and Public Safety the sum of $3,773,076 to be distributed as follows:
1. For the manufacture of blue license plates, the sum of $148,867;
2. For the redesign of existing standard license plates, the sum of $3,610,140; and
3. For the production of special license plates for eligible interests where applications have exceeded 250, the sum of $14,069.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state highway fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 3328 (CHAPTER 609, AB 342)κ
Sec. 3. Section 1 of Senate Bill No. 267 of this session is hereby amended to read as follows:
Section 1. NRS 482.266 is hereby amended to read as follows:
482.266 1. [At the request of a person who applies for the registration or renewal of the registration of a vehicle that has motor vehicle license plates which were issued before January 1, 1982, the department shall refurbish the license plates for a fee not to exceed the actual cost of the refurbishment.
2. If a motor vehicle license plate that was issued before January 1, 1982, is delivered to the department for refurbishment, the person who applies for the registration or renewal of registration of the vehicle shall display on the vehicle a temporary permit which must be affixed to the vehicle in a form, manner and position determined by the department.] A person who desires to have regular or personalized license plates that are substantially in the same color and form as license plates manufactured before January 1, 1982, must:
(a) Submit a written request for such license plates to the department in a manner and form prescribed by the department; and
(b) In addition to all other applicable registration fees, licensing fees and motor vehicle privilege taxes, pay the manufacturing fee prescribed by the department.
A person requesting license plates pursuant to this section must comply with all requirements for registration and licensing pursuant to this chapter. A request for license plates pursuant to this section does not, by itself, constitute a request for special license plates pursuant to subsection 3 of NRS 482.265.
2. After receiving a request and the full amount of the payment due for license plates requested pursuant to subsection 1, the department shall manufacture the license plates using substantially the same process, dies and materials as were used to manufacture license plates before January 1, 1982. The department shall deliver license plates requested pursuant to this section to a person who requests such license plates within 180 days after acceptance of the written request or after receipt of payment therefor, whichever occurs last.
3. The department shall:
(a) Prescribe, by regulation, a manner and form for submitting a written request pursuant to subsection 1. The form must include, without limitation, an indication of whether the requester desires to have the same letters and numbers on the license plates requested as are on the license plates that are registered to him at the time of the request.
(b) Determine the cost of manufacturing a license plate pursuant to this section and prescribe a manufacturing fee, which must not exceed $25, to defray the cost of manufacturing license plates pursuant to this section. The manufacturing fee must be:
(1) Collected by the department;
κ1999 Statutes of Nevada, Page 3329 (CHAPTER 609, AB 342)κ
(2) Deposited with the state treasurer to the credit of the motor vehicle fund; and
(3) Allocated to the revolving account for the issuance of special license plates created pursuant to section 1 of Senate Bill No. 490 of this session to defray the costs of manufacturing license plates pursuant to this section.
4. A person who requests license plates pursuant to this section may keep the license plates which are registered to him at the time of the request if the license plates requested contain the same letters and numbers as the license plates which are registered to him at the time of the request.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 269Committee on Government Affairs
CHAPTER 610
AN ACT relating to public employees retirement; revising the provisions governing contributions by justices of the supreme court; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. NRS 286.421 is hereby amended to read as follows:
286.421 1. A public employer that elected to pay on behalf of its employees the contributions required by subsection 1 of NRS 286.410 before July 1, 1983, shall continue to do so, but a public employer may not elect to pay those contributions on behalf of its employees on or after July 1, 1983.
2. An employee of a public employer that did not elect to pay on behalf of its employees the contributions required by subsection 1 of NRS 286.410 before July 1, 1983, may elect to:
(a) Pay the contribution required by subsection 1 of NRS 286.410 on his own behalf; or
(b) Have his portion of the contribution paid by his employer pursuant to the provisions of NRS 286.425.
3. Except for any person chosen by election or appointment to serve in an elective office of a political subdivision or as a district judge or a justice of the supreme court of this state:
(a) Payment of the employees portion of the contributions pursuant to subsection 1 must be:
(1) Made in lieu of equivalent basic salary increases or cost-of-living increases, or both; or
(2) Counterbalanced by equivalent reductions in employees salaries.
(b) The average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately.
κ1999 Statutes of Nevada, Page 3330 (CHAPTER 610, AB 269)κ
by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately. In the case of any officer or judge described in this subsection, any contribution made by the public employer on his behalf does not affect his compensation but is an added special payment.
4. Employee contributions made by a public employer must be deposited in either the public employees retirement fund or the police and firemens retirement fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.
5. The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer must not be canceled upon the termination of his service.
6. If an employer is paying the basic contribution on behalf of an employee , the total contribution rate, in lieu of the amounts required by subsection 1 of NRS 286.410 and NRS 286.450, must be:
(a) The total contribution rate for employers that is actuarially determined for police officers and firemen and for regular members, depending upon the retirement fund in which the member is participating.
(b) Adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report of the immediately preceding year. The adjusted rate must be rounded to the nearest one-quarter of 1 percent.
7. The total contribution rate for employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 6 if the existing rate is within one-half of 1 percent of the actuarially determined rate.
8. For the purposes of adjusting salary increases and cost-of-living increases or of salary reduction, the total contribution must be equally divided between employer and employee.
9. Public employers other than the State of Nevada shall pay the entire employee contribution for those employees who contribute to the police and firemens retirement fund on and after July 1, 1981.
Sec. 2. The amendatory provisions of this act apply to contributions made on or after January 1, 1999.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 3331κ
Assembly Bill No. 193Assemblymen Segerblom, Williams, Buckley, Neighbors, Parks, Manendo, Anderson, Freeman, Chowning, Arberry, McClain, Koivisto, de Braga, Berman, Collins, Evans, Cegavske, Goldwater, Price, Giunchigliani, Mortenson, Claborn, Nolan and Leslie
CHAPTER 611
AN ACT relating to trade practices; revising the provisions governing the use of a device for automatic dialing and announcing on a telephone; prohibiting the use of such a device under certain circumstances; providing that the dissemination of an unsolicited prerecorded message is a deceptive trade practice under certain circumstances; providing that payment of remuneration to certain drivers of taxicabs, limousines and buses under certain circumstances constitutes a deceptive trade practice; providing a penalty; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in NRS 597.930 and sections 2, 3 and 4 of this act, device for automatic dialing and announcing means any equipment that:
1. Incorporates a storage capability of telephone numbers to be called and utilizes a random or sequential number generator producing telephone numbers to be called; and
2. Is used exclusively, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called to solicit a person at the telephone number called to purchase goods or services.
Sec. 3. The provisions of NRS 597.930 do not prohibit the use of a device for automatic dialing and announcing by any person exclusively on behalf of:
1. A school or school district to contact the parents or guardians of a pupil regarding the attendance of the pupil or regarding other business of the school or school district.
2. A nonprofit organization.
3. A company that provides cable television services to contact its customers regarding a previously arranged installation of such services at the premises of the customer.
4. A public utility to contact its customers regarding a previously arranged installation of utility services at the premises of the customer.
5. A facility that processes or stores petroleum, volatile petroleum products, natural gas, liquefied petroleum gas, combustible chemicals, explosives, high-level radioactive waste or other dangerous substances to advise local residents, public service agencies and news media of an actual or potential life-threatening emergency.
6. A state or local governmental agency, or a private entity operating under contract with and at the direction of such an agency, to provide:
κ1999 Statutes of Nevada, Page 3332 (CHAPTER 611, AB 193)κ
(a) Information relating to public safety;
(b) Information relating to a police or fire emergency; or
(c) A warning of an impending or threatening emergency.
7. A candidate for public office, committee advocating the passage or defeat of a ballot question, political party, committee sponsored by a political party or a committee for political action.
Sec. 4. 1. A person who violates any provision of NRS 597.930 is guilty of a misdemeanor.
2. If a person is found guilty of, or has pleaded guilty or nolo contendere to, violating any provision of NRS 597.930, his telephone service to which a device for automatic dialing and announcing has been connected must be suspended for a period determined by the court.
Sec. 5. NRS 597.930 is hereby amended to read as follows:
597.930 1. Except as otherwise provided in subsection [2,] 3 and section 3 of this act, a person shall not use [an automatic system to select and dial telephone numbers to play automatically a recorded message to:
(a) Solicit a person to purchase goods or services; or
(b) Request information for a survey if that information is to be used directly to solicit a person to purchase goods or services.] a device for automatic dialing and announcing to disseminate a prerecorded message in a telephone call unless, before the message is disseminated, a recorded or unrecorded natural voice:
(a) Informs the person who answers the telephone call of the nature of the call, including, without limitation, the fact that a device for automatic dialing and announcing will be used to disseminate the message if the person who answers the call remains on the line; and
(b) Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, being represented by the caller.
2. A person shall not operate a device for automatic dialing and announcing to place:
(a) A call that is received by a telephone located in this state during the period between 9 p.m. and 9 a.m.; or
(b) A call-back or second call to the same telephone number, if a person at the telephone number terminated the original call.
3. This section does not prohibit the use of [an automatic system] a device for automatic dialing and announcing to dial the number of and play a recorded message to a person with whom the [systems owner] person using the device or another person affiliated with the person using the device has a preexisting business relationship.
[3. A person who violates this section is guilty of a misdemeanor.]
Sec. 6. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.
Sec. 7. A person engages in a deceptive trade practice when, in the course of his business or occupation, he disseminates an unsolicited prerecorded message to solicit a person to purchase goods or services by telephone and he does not have a preexisting business relationship with the person being called unless a recorded or unrecorded natural voice:
κ1999 Statutes of Nevada, Page 3333 (CHAPTER 611, AB 193)κ
1. Informs the person who answers the telephone call of the nature of the call; and
2. Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, represented by the caller.
Sec. 8. 1. In a county whose population is 400,000 or more, a person who:
(a) Is a licensee, owner or employee of a business entity that is licensed to operate an adult cabaret, erotic dance establishment or adult night club; and
(b) While performing duties associated with the business entity, pays or offers to pay remuneration of any kind, including, without limitation, cash or services, to the owner or driver of a taxicab, limousine or bus containing 21 or fewer passengers, or to an agent of the owner or driver, for taking or attempting to take a passenger to a location other than the destination requested by the passenger,
commits a deceptive trade practice for purposes of NRS 598.0903 to 598.0999, inclusive.
2. In any action brought pursuant to NRS 598.0903 to 598.0999, inclusive, if the court finds the licensee or owner of a business entity engaged in a deceptive trade practice described in subsection 1, or his employee engaged in a deceptive trade practice described in subsection 1, the licensee or owner is subject only to a civil penalty of:
(a) For the first violation, not less than $500 and not more than $1,000;
(b) For the second violation, not less than $1,000 and not more than $5,000; and
(c) For the third and subsequent violations, not less than $5,000 and not more than $10,000.
3. If the violation of subsection 1 is the third or greater violation and if:
(a) The violation was committed by the licensee or owner of the business entity; or
(b) The violation was committed by an employee of the licensee or owner, and the director determines that the licensee or owner knew or should have known that the employee engaged in the act constituting the violation,
the director shall order, in writing, all applicable licensing authorities to suspend the license of the business entity for a period of not more than 6 months.
4. Upon receiving an order from the director pursuant to subsection 3, a licensing authority shall suspend the license of the licensee for the period specified in the order.
5. As used in this section:
(a) License means a business license to operate an adult cabaret, erotic dance establishment or adult night club.
(b) Licensee means the person to whom a license is issued.
(c) Licensing authority means a local government that licenses adult cabarets, erotic dance establishments or adult night clubs.
κ1999 Statutes of Nevada, Page 3334 (CHAPTER 611, AB 193)κ
Sec. 9. NRS 598.0903 is hereby amended to read as follows:
598.0903 As used in NRS 598.0903 to 598.0999, inclusive, and section 7 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, and section 7 of this act, have the meanings ascribed to them in those sections.
Sec. 10. NRS 598.0999 is hereby amended to read as follows:
598.0999 1. A person who violates [any] a court order or injunction issued pursuant to NRS 598.0903 to 598.0997, inclusive, and section 7 of this act, upon a complaint brought by the commissioner, the director, the district attorney of any county of this state or the attorney general shall forfeit and pay to the state general fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing [any such] the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0997, inclusive [.] , and section 7 of this act.
2. In any action brought pursuant to NRS [598.0979 to 598.099, inclusive,] 598.0903 to 598.0999, inclusive, and section 7 of this act, if the court finds that a person has willfully engaged in a deceptive trade practice, the commissioner, the director, the district attorney of any county in this state or the attorney general bringing the action may recover a civil penalty not to exceed $2,500 for each violation.
3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade [practice:] practice, other than a deceptive trade practice described in section 8 of this act:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second offense, is guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
5. If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and section 7 of this act, NRS 598.100 to 598.280, inclusive, 598.281 to 598.289, inclusive, or 598.840 to 598.966, inclusive, and section 8 of this act, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:
(a) The suspension of the persons privilege to conduct business within this state; or
κ1999 Statutes of Nevada, Page 3335 (CHAPTER 611, AB 193)κ
(b) If the defendant is a corporation, dissolution of the corporation.
The court may grant or deny the relief sought or may order other appropriate relief.
Sec. 11. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.
________
Assembly Bill No. 673Committee on Commerce and Labor
CHAPTER 612
AN ACT relating to service contracts; requiring a person who issues service contracts to obtain a certificate of registration from the commissioner of insurance; establishing the requirements for the contents of such contracts; prohibiting a person from requiring the purchase of a service contract as a condition for the approval of a loan or the purchasing of goods; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 25, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Administrator means a person who is responsible for administering a service contract that is issued, sold or offered for sale by a provider.
Sec. 4. Consumer means a person who purchases, other than for resale, goods used primarily for personal, family or household purposes and not for business or research purposes.
Sec. 5. Contractual liability insurance policy means a policy of insurance that is issued to a provider to either:
1. Reimburse the provider under the terms of a service contract issued or sold by the provider; or
2. If the provider does not satisfy his obligation under a service contract, pay on behalf of the provider any money the provider has an obligation to pay under the service contract.
Sec. 6. Goods means all tangible personal property, whether movable at the time of purchase or a fixture, that is used primarily for personal, family or household purposes.
Sec. 7. Holder means a resident of this state who:
1. Purchases a service contract; or
2. Is legally in possession of a service contract and is entitled to enforce the rights of the original purchaser of the service contract.
Sec. 8. Provider means a person who is obligated to a holder pursuant to the terms of a service contract to repair, replace or perform maintenance on, or to indemnify the holder for the costs of repairing, replacing or performing maintenance on, goods.
κ1999 Statutes of Nevada, Page 3336 (CHAPTER 612, AB 673)κ
Sec. 9. Service contract means a contract pursuant to which a provider, in exchange for separately stated consideration, is obligated for a specified period to a holder to repair, replace or perform maintenance on, or indemnify or reimburse the holder for the costs of repairing, replacing or performing maintenance on, goods that are described in the service contract and which have an operational or structural failure as a result of a defect in materials, workmanship or normal wear and tear, including, without limitation:
1. A contract that includes a provision for incidental payment of indemnity under limited circumstances, including, without limitation, towing, rental and emergency road service; and
2. A contract that provides for the repair, replacement or maintenance of goods for damages that result from power surges or accidental damage from handling.
Sec. 10. 1. The provisions of this Title do not apply to:
(a) A warranty;
(b) A maintenance agreement;
(c) A service contract provided by a public utility on its transmission device if the service contract is regulated by the public utilities commission of Nevada;
(d) A service contract sold or offered for sale to a person who is not a consumer;
(e) A service contract for goods if the purchase price of the goods is less than $250; or
(f) A service contract issued, sold or offered for sale by a vehicle dealer on vehicles sold by the dealer, if the dealer is licensed pursuant to NRS 482.325 and the service contract obligates either the dealer or the manufacturer of the vehicle, or an affiliate of the dealer or manufacturer, to provide all services under the service contract.
2. The sale of a service contract pursuant to this chapter does not constitute the business of insurance for the purposes of 18 U.S.C. §§ 1033 and 1034.
3. As used in this section:
(a) Maintenance agreement means a contract for a limited period that provides only for scheduled maintenance.
(b) Warranty means a warranty provided solely by a manufacturer, importer or seller of goods for which the manufacturer, importer or seller did not receive separate consideration and that:
(1) Is not negotiated or separated from the sale of the goods;
(2) Is incidental to the sale of the goods; and
(3) Guarantees to indemnify the consumer for defective parts, mechanical or electrical failure, labor or other remedial measures required to repair or replace the goods.
Sec. 11. A provider shall not issue, sell or offer for sale service contracts in this state unless he has been issued a certificate of registration pursuant to the provisions of this chapter.
Sec. 12. 1. A provider who wishes to issue, sell or offer for sale service contracts in this state must submit to the commissioner:
κ1999 Statutes of Nevada, Page 3337 (CHAPTER 612, AB 673)κ
(a) A registration application on a form prescribed by the commissioner;
(b) Proof that he has complied with the requirements for security set forth in section 13 of this act;
(c) A copy of each type of service contract he proposes to issue, sell or offer for sale;
(d) The name, address and telephone number of each administrator with whom the provider intends to contract; and
(e) A fee of $1,000.
2. In addition to the fee required by subsection 1, a provider must pay a fee of $25 for each type of service contract he files with the commissioner.
3. A certificate of registration is valid for 1 year after the date the commissioner issues the certificate to the provider. A provider may renew his certificate of registration if, before the certificate expires, he submits to the commissioner an application on a form prescribed by the commissioner and a fee of $500.
Sec. 13. To be issued a certificate of registration, a provider must comply with one of the following:
1. Purchase a contractual liability insurance policy which insures the obligations of each service contract the provider issues, sells or offers for sale. The contractual liability insurance policy must be issued by an insurer authorized to transact insurance in this state or pursuant to the provisions of chapter 685A of NRS.
2. Maintain a reserve account and deposit with the commissioner security as provided in this subsection. The reserve account must contain at all times an amount of money equal to at least 40 percent of the gross consideration received by the provider for any unexpired service contracts, less any claims paid on those unexpired service contracts. The commissioner may examine the reserve account at any time. The provider shall also deposit with the commissioner security in an amount that is equal to $25,000 or 5 percent of the gross consideration received by the provider for any unexpired service contracts, less any claims paid on the unexpired service contracts, whichever is greater. The security must be:
(a) A surety bond issued by a surety company authorized to do business in this state;
(b) Securities of the type eligible for deposit pursuant to NRS 682B.030;
(c) Cash;
(d) An irrevocable letter of credit issued by a financial institution approved by the commissioner; or
(e) In any other form prescribed by the commissioner.
3. Maintain, or be a subsidiary of a parent company that maintains, a net worth or stockholders equity of at least $100,000,000. Upon request, a provider shall provide to the commissioner a copy of the most recent Form 10-K report or Form 20-F report filed by the provider or parent company of the provider with the Securities and Exchange Commission within the previous year. If the provider or parent company is not required to file those reports with the Securities and Exchange Commission, the provider shall provide to the commissioner a copy of the most recently audited financial statements of the provider or parent company.
κ1999 Statutes of Nevada, Page 3338 (CHAPTER 612, AB 673)κ
financial statements of the provider or parent company. If the net worth or stockholders equity of the parent company of the provider is used to comply with the requirements of this subsection, the parent company must guarantee to carry out the duties of the provider under any service contract issued or sold by the provider.
Sec. 14. The tax imposed pursuant to NRS 680B.027 does not apply to any business transacted pursuant to the provisions of this chapter.
Sec. 15. 1. Except as otherwise provided in this chapter, the marketing, issuance, sale, offering for sale, making, proposing to make and administration of service contracts are not subject to the provisions of Title 57 of NRS, except, when applicable, the provisions of:
(a) NRS 679B.020 to 679B.157, inclusive;
(b) NRS 679B.159 to 679B.300, inclusive;
(c) NRS 679B.310 to 679B.370, inclusive;
(d) NRS 685B.090 to 685B.190, inclusive;
(e) NRS 686A.010 to 686A.095, inclusive;
(f) NRS 686A.160 to 686A.187, inclusive; and
(g) NRS 686A.260, 686A.270, 686A.280, 686A.300 and 686A.310.
2. A provider, person who sells service contracts, administrator or any other person is not required to obtain a certificate of authority from the commissioner pursuant to chapter 680A of NRS to issue, sell, offer for sale or administer service contracts.
Sec. 16. 1. A service contract is void and a provider shall refund to the holder the purchase price of the service contract if the holder has not made a claim under the service contract and the holder returns the service contract to the provider:
(a) Within 20 days after the date the provider mails a copy of the service contract to the holder;
(b) Within 10 days after the purchaser receives a copy of the service contract if the provider furnishes the holder with the copy at the time the contract is purchased; or
(c) Within a longer period specified in the service contract.
2. The right of a holder to return a service contract pursuant to this section applies only to the original purchaser of the service contract.
3. A service contract must include a provision that clearly states the right of a holder to return a service contract pursuant to this section.
4. The provider shall refund to the holder the purchase price of the service contract within 45 days after a service contract is returned pursuant to subsection 1. If the provider fails to refund the purchase price within that time, the provider shall pay the holder a penalty of 10 percent of the purchase price for each 30-day period or portion thereof that the refund and any accrued penalties remain unpaid.
Sec. 17. 1. A contractual liability insurance policy issued in this state must provide that the issuer of the policy shall:
(a) Reimburse or pay on behalf of the provider any money the provider has a duty to pay under a service contract; or
(b) Otherwise provide for the performance of the duties of the provider under a service contract.
κ1999 Statutes of Nevada, Page 3339 (CHAPTER 612, AB 673)κ
2. If a provider fails to perform his duties under a service contract within 60 days after receiving notice from the holder that the goods described in the contract are defective, the holder may apply to the issuer of the contractual liability insurance policy for performance of the duties of the provider under the service contract.
Sec. 18. 1. A service contract must:
(a) Be written in language that is understandable and printed in a typeface that is easy to read.
(b) Indicate that it is insured by a contractual liability insurance policy if it is so insured, and include the name and address of the issuer of the policy or that it is backed by the full faith and credit of the provider if the service contract is not insured by a contractual liability insurance policy.
(c) Include the amount of any deductible that the holder is required to pay.
(d) Include the name and address of the provider and, if applicable:
(1) The name and address of the administrator; and
(2) The name of the holder, if provided by the holder.
The names and addresses of such persons are not required to be preprinted on the service contract and may be added to the service contract at the time of the sale.
(e) Include the purchase price of the service contract. The purchase price must be determined pursuant to a schedule of fees established by the provider. The purchase price is not required to be preprinted on the service contract and may be negotiated with the holder and added to the service contract at the time of sale.
(f) Include a description of the goods covered by the service contract.
(g) Specify the duties of the provider and any limitations, exceptions or exclusions.
(h) If the service contract covers a motor vehicle, indicate whether replacement parts that are not made for or by the original manufacturer of the motor vehicle may be used to comply with the terms of the service contract.
(i) Include any restrictions on transferring or renewing the service contract.
(j) Include the terms, restrictions or conditions for canceling the service contract before it expires and the procedure for canceling the service contract. The conditions for canceling the service contract must include, without limitation, the provisions of section 19.5 of this act.
(k) Include the duties of the holder under the contract, including, without limitation, the duty to protect against damage to the goods covered by the service contract or to comply with any instructions included in the owners manual for the goods.
(l) Indicate whether the service contract authorizes the holder to recover consequential damages.
(m) Indicate whether any defect in the goods covered by the service contract existing on the date the contract is purchased is not covered under the service contract.
κ1999 Statutes of Nevada, Page 3340 (CHAPTER 612, AB 673)κ
2. A provider shall not allow, make or cause to be made a false or misleading statement in any of his service contracts or intentionally omit a material statement that causes a service contract to be misleading. The commissioner may require the provider to amend any service contract that the commissioner determines is false or misleading.
Sec. 19. 1. A provider shall provide a receipt for, or other written evidence of, the purchase of a service contract.
2. The provider shall furnish a copy of the service contract to the holder within a reasonable time after the contract is purchased.
Sec. 19.5. 1. No service contract that has been in effect for at least 70 days may be canceled by the provider before the expiration of the agreed term or 1 year after the effective date of the service contract, whichever occurs first, except on any of the following grounds:
(a) Failure by the holder to pay an amount when due;
(b) Conviction of the holder of a crime which results in an increase in the service required under the service contract;
(c) Discovery of fraud or material misrepresentation by the holder in obtaining the service contract, or in presenting a claim for service thereunder;
(d) Discovery of:
(1) An act or omission by the holder; or
(2) A violation by the holder of any condition of the service contract,
which occurred after the effective date of the service contract and which substantially and materially increases the service required under the service contract; or
(e) A material change in the nature or extent of the required service or repair which occurs after the effective date of the service contract and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the service contract was issued or sold.
2. No cancellation of a service contract may become effective until at least 15 days after the notice of cancellation is mailed to the holder.
Sec. 20. 1. Except as otherwise provided in this section, a provider shall not include in the name of his business:
(a) The words insurance, casualty, surety, mutual or any other word or term that implies that he is engaged in the business of transacting insurance or is a surety company; or
(b) A name that is deceptively similar to the name or description of an insurer or surety company or the name of another provider.
2. A provider may include the word guaranty or a similar word in the name of his business.
3. This section does not apply to a provider who, before January 1, 2000, includes in the name of his business a name that does not comply with the provisions of subsection 1. Such a provider shall include in each service contract he issues, sells or offers for sale a statement that the service contract is not a contract of insurance.
Sec. 21. No person may require the purchase of a service contract as a condition for the approval of a loan or the purchasing of goods.
κ1999 Statutes of Nevada, Page 3341 (CHAPTER 612, AB 673)κ
Sec. 22. 1. A provider shall maintain records of the transactions governed by this chapter. The records of a provider must include:
(a) A copy of each type of service contract that the provider issues, sells or offers for sale;
(b) The name and address of each holder who possesses a service contract under which the provider has a duty to perform, to the extent that the provider knows the name and address of each holder;
(c) A list that includes each location where the provider issues, sells or offers for sale service contracts; and
(d) The date and a description of each claim made by a holder under a service contract.
2. Except as otherwise provided in this subsection, a provider shall retain all records relating to a service contract for at least 1 year after the contract has expired. A provider who intends to discontinue doing business in this state shall provide the commissioner with satisfactory proof that he has discharged his duties to the holders in this state and shall not destroy his records without the prior approval of the commissioner.
3. The records required to be maintained pursuant to this section may be stored on a computer disk or other storage device for a computer from which the records can be readily printed.
Sec. 23. 1. Except as otherwise provided in this subsection, the commissioner may conduct examinations to enforce the provisions of this chapter pursuant to the provisions of NRS 679B.230 to 679B.300, inclusive, at such times as he deems necessary. The commissioner is not required to comply with the requirement in NRS 679B.230 that insurers be examined not less frequently than every 5 years in the enforcement of this chapter.
2. A provider shall, upon the request of the commissioner, make available to the commissioner for inspection any accounts, books and records concerning any service contract issued, sold or offered for sale by the provider which are reasonably necessary to enable the commissioner to determine whether the provider is in compliance with the provisions of this chapter.
Sec. 24. A person who violates any provision of this chapter or an order or regulation of the commissioner issued or adopted pursuant thereto may be assessed a civil penalty by the commissioner of not more than $500 for each act or violation, not to exceed an aggregate amount of $10,000 for violations of a similar nature. For the purposes of this section, violations shall be deemed to be of a similar nature if the violations consist of the same or similar conduct, regardless of the number of times the conduct occurred.
Sec. 25. The commissioner may adopt such regulations as are necessary to carry out the provisions of this chapter.
Sec. 26. NRS 680B.027 is hereby amended to read as follows:
680B.027 1. Except as otherwise provided in NRS 680B.033 and 680B.050, and section 14 of this act, for the privilege of transacting business in this state, each insurer shall pay to the department of taxation a tax upon his net direct premiums and net direct considerations written at the rate of 3.5 percent.
κ1999 Statutes of Nevada, Page 3342 (CHAPTER 612, AB 673)κ
2. The tax must be paid in the manner required by NRS 680B.030 and 680B.032.
3. The commissioner or the executive director of the department of taxation may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
4. For the purposes of this section, insurer includes the state industrial insurance system.
Sec. 27. 1. The provisions of this act do not apply to service contracts issued or renewed before January 1, 2000.
2. The failure of a provider or other person to comply with the provisions of this act or to administer a service contract in the manner set forth in this act before January 1, 2000, is not admissible in any court, arbitration or alternative dispute resolution proceeding, and may not otherwise be used to prove that the action of any person or any provision of the service contract was unlawful or otherwise improper.
Sec. 28. This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2000, for all other purposes.
________
Senate Bill No. 308Committee on Finance
CHAPTER 613
AN ACT making an appropriation to the Department of Museums, Library and Arts for the remodeling of the Boulder City Railroad Museum; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Division of Museums and History of the Department of Museums, Library and Arts the sum of $562,246 for the remodeling of the Boulder City Railroad Museum.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 3343κ
Senate Bill No. 545Committee on Finance
CHAPTER 614
AN ACT making a supplemental appropriation to the Department of Taxation for an estimated shortfall in the amount budgeted for payment of services provided by the Department of Information Technology; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Taxation the sum of $165,000 for an estimated shortfall in the amount budgeted for payment for services provided to the Department of Taxation by the Department of Information Technology. This appropriation is supplemental to section 9 of chapter 244, Statutes of Nevada 1997, at page 854.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 368Committee on Government Affairs
CHAPTER 615
AN ACT relating to state facilities; requiring the state to pay the connection fees for the connection of state buildings and other facilities to the sewage system of Carson City; and providing other matters properly relating thereto.
[Approved June 9, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. 1. Notwithstanding any restrictions on the authority of Carson City to which Carson City has agreed pursuant to paragraph (c) of subsection 2 of section 1 of chapter 503, Statutes of Nevada 1959, at page 907, a state agency or other state entity that controls a state building or other facility which becomes connected to the sewage system of Carson City on or after July 1, 2001, shall pay, at the same rate and time, the connection fee that Carson City charges other users of the sewage system.
2. As used in this section, state building or other facility means a building or other facility that is the property of the State of Nevada, including, without limitation, a building or other facility that is the property of the University and Community College System of Nevada.
Sec. 2. This act becomes effective on July 1, 1999.
________
κ1999 Statutes of Nevada, Page 3344κ
Senate Bill No. 167Committee on Natural Resources
CHAPTER 616
AN ACT relating to hazardous materials; revising the requirements for the transportation of hazardous materials by motor carriers; revising the authority of the department of motor vehicles and public safety to administer and enforce those requirements; providing for the imposition of an assessment upon certain motor carriers; revising the requirements for the reporting of accidents and incidents involving a hazardous material; authorizing the imposition of civil penalties for certain violations; revising the definition of a hazardous material for certain purposes; prohibiting the political subdivisions of this state from regulating the transportation of hazardous materials; making various changes regarding the amount and disposition of certain fees for permits and other regulation; revising the method for funding the state emergency response commission; and providing other matters properly relating thereto.
[Approved June 11, 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 to 18, inclusive, of this act.
Sec. 2. Base state means a participating state designated by a motor carrier pursuant to the uniform program as the base state of the motor carrier.
Sec. 3. Motor carrier means a person who owns or operates one or more motor vehicles used to transport a hazardous material.
Sec. 4. Participating state means a state that has entered into a reciprocal agreement with this state to participate in the uniform program.
Sec. 5. Uniform application means an application to register and obtain a permit for the transportation of hazardous materials pursuant to the uniform program.
Sec. 6. Uniform program means the program established pursuant to 49 U.S.C. § 5119 to regulate the transportation of hazardous materials.
Sec. 7. The director shall adopt regulations for the participation of this state in the uniform program. The regulations adopted pursuant to this section must be consistent with, and equivalent in scope, coverage and content to:
1. Except as otherwise provided in subsection 2, the recommendations contained in the final report of the working group established pursuant to 49 U.S.C. § 5119; or
2. If the Secretary of Transportation prescribes regulations pursuant to 49 U.S.C. § 5119, the regulations of the Secretary of Transportation.
Sec. 8. Except as otherwise required by federal law, before transporting a hazardous material upon a public highway of this state, a motor carrier shall register with and obtain a permit for the transportation of hazardous materials:
1. From the department; or
2. If the motor carrier has designated another participating state as its base state pursuant to the uniform program, from the base state.
κ1999 Statutes of Nevada, Page 3345 (CHAPTER 616, SB 167)κ
Sec. 9. Except as otherwise required by federal law, a motor carrier who is required to register with and obtain a permit from the department pursuant to section 8 of this act:
1. Except as otherwise provided in subsection 2, is not required to provide on a uniform application any information required solely from a motor carrier who transports hazardous waste.
2. For the transportation of any radioactive waste must provide all the information required on a uniform application, including any information required solely from a motor carrier who transports hazardous waste.
Sec. 10. 1. Except as otherwise provided in subsection 2 or required by federal law, the following information is confidential when provided to the department on a uniform application:
(a) Any information regarding the ownership of a motor carrier.
(b) Any information regarding a parent company, affiliate or subsidiary of a motor carrier.
(c) Any information regarding the financial balance sheet and statement of income of a motor carrier.
(d) Any information regarding the liability of a motor carrier for any debts.
(e) Any information regarding the customers of a motor carrier, including the services provided to specific customers.
2. The department may, to the extent required for the administration of the uniform program, disclose any information described in subsection 1 to:
(a) An appropriate agency of the Federal Government or a participating state; or
(b) A national repository established to assist in the administration of the uniform program.
Sec. 11. 1. Except as otherwise required by federal law, the department shall immediately suspend or revoke the registration and permit for the transportation of hazardous materials, or deny the approval of an application for such a registration and permit, by a motor carrier who:
(a) Knowingly makes a materially false or misleading statement on the application for the registration and permit;
(b) Is assigned an unsatisfactory safety rating pursuant to 49 C.F.R. Part 385;
(c) Is subject to an order entered pursuant to 49 C.F.R. § 386.72;
(d) Does not maintain the financial responsibility for liability required pursuant to 49 C.F.R. Part 387 and the laws of this state;
(e) Knowingly uses a forged certificate of registration or permit for the transportation of hazardous materials;
(f) Knowingly allows the use of his registration or permit for the transportation of hazardous materials by any person other than an agent or employee of the motor carrier; or
(g) Is convicted of a serious violation or repeated violations of the laws of this state for the regulation of common, contract or private motor carriers of property.
κ1999 Statutes of Nevada, Page 3346 (CHAPTER 616, SB 167)κ
2. Upon taking any action pursuant to subsection 1, the department shall:
(a) Notify the motor carrier, by certified mail, of the reasons for its action and of any action the motor carrier may take to obtain the reinstatement of his registration and permit or the approval of his application; and
(b) Provide the motor carrier with an opportunity for a fair and impartial hearing on the matter.
Sec. 12. 1. The department shall not issue a permit required pursuant to section 8 of this act to a common, contract or private motor carrier of property who is seeking to transport radioactive waste upon a public highway of this state without first determining that the carrier transporting the waste is in compliance and will continue to comply with all laws and regulations of this state and the Federal Government respecting the handling and transportation of radioactive waste and the safety of drivers and vehicles.
2. Any common, contract or private motor carrier of property who maintains his books and records outside of this state must, in addition to any other assessments and fees provided by law, be assessed by the department for an amount equal to the travel expenses, including the excess of the out-of-state subsistence allowances over the in-state subsistence allowances, as fixed by NRS 281.160, of employees of the department for investigations, inspections and audits which may be required to be performed outside of this state in carrying out the provisions of subsection 1.
3. The assessment provided for in subsection 2 must be determined by the department upon the completion of each such investigation, inspection or audit and is due within 30 days after the date on which the affected common, contract or private motor carrier receives the assessment. The records of the department relating to the additional costs incurred by reason of necessary travel must be open for inspection by the affected carrier at any time within the 30-day period.
Sec. 13. 1. A common, contract or private motor carrier of property shall not transport any high-level radioactive waste or spent nuclear fuel upon a public highway of this state unless:
(a) The high-level radioactive waste or spent nuclear fuel is contained in a package that has been approved for that purpose pursuant to 10 C.F.R. Part 71; and
(b) The carrier has complied with the provisions of 10 C.F.R. Part 71 and 10 C.F.R. Part 73 requiring the advance notification of the governor of this state or his designee.
2. As used in this section:
(a) High-level radioactive waste has the meaning ascribed to it in 10 C.F.R. § 72.3.
(b) Spent nuclear fuel has the meaning ascribed to it in 10 C.F.R. § 72.3.
κ1999 Statutes of Nevada, Page 3347 (CHAPTER 616, SB 167)κ
Sec. 14. 1. Except as otherwise required by federal law, an authorized agent of the department may:
(a) Conduct any examination or inspection of a motor vehicle or facility;
(b) Conduct any investigation, audit or other review; and
(c) Inspect and electronically reproduce any record, document or other evidentiary material,
as is necessary to determine the applicability of the provisions of NRS 459.708 to 459.725, inclusive, sections 2 to 17, inclusive, of this act and any regulations adopted pursuant thereto, to any person or motor vehicle, and to determine whether the person or motor vehicle is in compliance therewith.
2. The director shall adopt regulations governing the inspection of vehicles pursuant to subsection 1 based on standards adopted by a nonprofit organization comprised of representatives from private industry, state agencies, agencies of the Federal Government and other governmental agencies, which is dedicated to improving the safety of commercial vehicles.
Sec. 15. 1. A person responsible for the care, custody or control of a hazardous material which is involved in an accident or incident occurring during the transportation of the hazardous material by motor carrier, including any accident or incident occurring during any loading, unloading or temporary storage of the hazardous material while it is subject to active shipping papers and before it has reached its ultimate consignee, shall notify the division as soon as practicable if, as a result of the hazardous material:
(a) A person is killed;
(b) A person receives injuries that require hospitalization;
(c) Any damage to property exceeds $50,000;
(d) There is an evacuation of the general public for 1 hour or more;
(e) One or more major transportation routes or facilities are closed or shut down for 1 hour or more;
(f) There is an alteration in the operational flight pattern or routine of any aircraft;
(g) Any radioactive contamination is suspected;
(h) Any contamination by an infectious substance is suspected;
(i) There is a release of a liquid marine pollutant in excess of 450 liters or a solid marine pollutant in excess of 400 kilograms; or
(j) Any situation exists at the site of the accident or incident which, in the judgment of the person responsible for the care, custody or control of the hazardous material, should be reported to the division.
2. The notification required pursuant to this section must include:
(a) The name of the person providing the notification;
(b) The name and address of the motor carrier represented by that person;
(c) The telephone number where that person can be contacted;
(d) The date, time and location of the accident or incident;
(e) The extent of any injuries;
κ1999 Statutes of Nevada, Page 3348 (CHAPTER 616, SB 167)κ
(f) The classification, name and quantity of the hazardous material involved, if that information is available; and
(g) The type of accident or incident, the nature of the hazardous material involved and whether there is a continuing danger to life at the scene of the accident or incident.
3. A person may satisfy the requirements of this section by providing the information specified in subsection 2 to the person who responds to a telephone call placed to:
(a) The number 911 in an area where that number is used for emergencies; or
(b) The number zero in an area where the number 911 is not used for emergencies.
Sec. 16. Except as otherwise required by federal law, the provisions of NRS 459.708 to 459.725, inclusive, sections 2 to 17, inclusive, of this act and the regulations adopted pursuant thereto do not apply to the transportation of a hazardous material by any vehicle which is owned and operated by the Federal Government, this state or any political subdivision of this state.
Sec. 17. 1. Except as otherwise provided in subsection 2, the provisions of NRS 459.708 to 459.725, inclusive, sections 2 to 17, inclusive, of this act and the regulations adopted pursuant thereto supersede and preempt any ordinance or regulation adopted by the governing body of a political subdivision of this state governing the transportation of a hazardous material upon a public highway of this state.
2. The provisions of subsection 1 do not apply to any ordinance or regulation:
(a) For the control of traffic generally; or
(b) Which is approved by the board of directors of the department of transportation pursuant to paragraph (b) of subsection 3 of NRS 484.779.
Sec. 18. 1. In addition to any applicable criminal penalties, the department may, after providing written notice and an opportunity for a fair and impartial hearing, impose a civil penalty, in an amount determined pursuant to the schedule adopted by the director pursuant to this section, upon a person who violates a provision of NRS 459.708 to 459.725, inclusive, and sections 2 to 17, inclusive, of this act, or the regulations adopted pursuant thereto. The notice required by this section must include the amount of the penalty and a description of the violation.
2. The director shall adopt a schedule of civil penalties for the purposes of this section based on a schedule of recommended fines adopted by a nonprofit organization comprised of representatives from private industry, state agencies, agencies of the Federal Government and other governmental agencies, which is dedicated to improving the safety of commercial vehicles.
3. The department may bring an action to recover a civil penalty imposed pursuant to this section and shall deposit any money collected with the state treasurer for credit to the state highway fund.
κ1999 Statutes of Nevada, Page 3349 (CHAPTER 616, SB 167)κ
Sec. 19. NRS 459.250 is hereby amended to read as follows:
459.250 1. Peace officers of the Nevada highway patrol shall enforce those provisions of NRS 459.221 [, 459.707] and 459.708 to 459.725, inclusive, and sections 2 to 17, inclusive, of this act which govern the transport and handling of radioactive waste as they affect the safety of drivers or vehicles, the leakage or spill of radioactive waste from its package or the emission of ionizing radiation in an unsafe amount as established by the regulations of the state board of health.
2. The peace officer may:
(a) Impound a vehicle with unsafe equipment; or
(b) Detain a vehicle, if any waste has leaked or spilled from its package or if he has detected the emission of ionizing radiation in an unsafe amount, and order the driver of the vehicle to park it in a safe place, as determined by an officer designated by the health division of the department of human resources, pending remedial action by that division.
3. After a vehicle has been so detained, an officer designated by the health division of the department of human resources may order:
(a) The vehicle to be impounded;
(b) The leaked or spilled waste to be cleaned up;
(c) The contents of any unsafe or leaking package to be repackaged; or
(d) Any other appropriate precaution or remedy,
at the expense of the shipper or broker, carrier or other person who is responsible as determined by the health division of the department of human resources.
Sec. 20. NRS 459.428 is hereby amended to read as follows:
459.428 Hazardous material has the meaning ascribed to it in NRS 459.7024 . [, and includes the materials so identified and listed in regulations adopted by the director of the department of motor vehicles and public safety pursuant to NRS 459.710.]
Sec. 21. NRS 459.500 is hereby amended to read as follows:
459.500 1. Except as otherwise provided in NRS 459.700 to 459.780, inclusive, and sections 2 to 18, inclusive, of this act, or NRS 459.800 to 459.856, inclusive:
(a) Regulations of the commission must provide:
(1) For safety in the packaging, handling, transportation and disposal of hazardous waste, including the safety of vehicles and drivers;
(2) For the certification of consultants involved in consultation regarding the response to and the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks, the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance, or the management of hazardous waste; and
(3) That a person employed full time by a business to act as such a consultant is exempt from the requirements of certification:
(I) If he is certified by the federal Occupational Safety and Health Administration to manage such waste, materials or substances; and
(II) While acting in the course of that full-time employment.
(b) Regulations of the commission may:
κ1999 Statutes of Nevada, Page 3350 (CHAPTER 616, SB 167)κ
(1) Provide for the licensing and other necessary regulation of generators, including shippers, brokers and carriers, both intrastate and interstate, who cause that waste to be transported into or through Nevada or for disposal in Nevada;
(2) Require that the person responsible for a spill, leak or accident involving hazardous waste, hazardous material or a regulated substance, obtain advice on the proper handling of the spill, leak or accident from a consultant certified under the regulations adopted pursuant to [subsection 1;] paragraph (a); and
(3) Establish standards relating to the education, experience, performance and financial responsibility required for the certification of consultants.
2. The regulations may include provisions for:
(a) Fees to pay the cost of inspection, certification and other regulation [;] , excluding any activities conducted pursuant to NRS 459.708 to 459.725, inclusive, and sections 2 to 17, inclusive, of this act; and
(b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the department.
3. Designated employees of the department and the Nevada highway patrol division shall enforce the regulations of the commission relating to the transport and handling of hazardous waste, as they affect the safety of drivers and vehicles and the leakage or spill of that waste from packages.
Sec. 22. NRS 459.700 is hereby amended to read as follows:
459.700 As used in NRS 459.700 to 459.780, inclusive, and sections 2 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 459.701 to 459.7028, inclusive, and sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 23. NRS 459.7024 is hereby amended to read as follows:
459.7024 Hazardous material means any substance or combination of substances, including [solids, semisolids, liquids or contained gases, which:
1. Is identified as hazardous by the regulating agency as a result of studies undertaken to identify hazardous materials or wastes; and
2. Because of its quantity or concentration or its physical, chemical, radioactive 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,
including toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.] any hazardous material, hazardous waste, hazardous substance or marine pollutant:
1. Of a type and amount for which a vehicle transporting the substance must be placarded pursuant to 49 C.F.R. Part 172;
κ1999 Statutes of Nevada, Page 3351 (CHAPTER 616, SB 167)κ
2. Of a type and amount for which a uniform hazardous waste manifest is required pursuant to 40 C.F.R. Part 262; or
3. Which is transported in bulk packaging, as defined in 49 C.F.R. § 171.8.
Sec. 24. NRS 459.708 is hereby amended to read as follows:
459.708 1. A common, contract or private motor carrier of property who is transporting radioactive waste shall reject any package containing the waste which is tendered to him for transport in this state if the package:
(a) Is leaking or spilling its contents;
(b) Does not bear a [required shipping label;] :
(1) Mark required pursuant to 49 C.F.R. Part 172, Subpart D;
(2) Label required pursuant to 49 C.F.R. Part 172, Subpart E; or
(3) Placard required pursuant to 49 C.F.R. Part 172, Subpart F; or
(c) Is not accompanied by a [bill of lading or other shipping document in a form prescribed by the regulations of the state board of health.] :
(1) Shipping paper required pursuant to 49 C.F.R. Part 172, Subpart C; or
(2) Manifest required pursuant to 10 C.F.R. Part 20, Appendix G.
2. A carrier who accepts radioactive waste for transport in this state is liable for any package in his custody which leaks or spills its contents, does not bear the required [shipping] mark, label or placard, or is not accompanied by the required shipping [documents,] paper or manifest, unless, in the case of a leak or spill of the waste and by way of affirmative defense, the carrier proves that he did not and could not know of the leak when he accepted the package for transport.
Sec. 25. NRS 459.725 is hereby amended to read as follows:
459.725 1. The director is responsible for administering the provisions of NRS [459.705] 459.708 to 459.725, inclusive, and sections 2 to 17, inclusive, of this act and , subject to the limitations contained in those provisions, may adopt such regulations as he deems necessary for that purpose. The regulations adopted pursuant to this section must be consistent with any applicable statutes and regulations of the Federal Government.
2. The director shall adopt regulations:
(a) For the security of the repository for information concerning hazardous materials in Nevada so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.
(b) Prescribing the manner in which information concerning hazardous materials is submitted to the division by state and local governmental agencies.
(c) Providing for the imposition of fees to pay the cost of:
(1) Any registration and permitting required to carry out the uniform program; and
(2) Any other regulation pursuant to the provisions of NRS 459.708 to 459.725, inclusive, and sections 2 to 17, inclusive, of this act.
Money received by the department from the fees imposed pursuant to this paragraph must be deposited with the state treasurer for credit to the state highway fund and used only to carry out the provisions of NRS 459.708 to 459.725, inclusive, and sections 2 to 17, inclusive, of this act.
κ1999 Statutes of Nevada, Page 3352 (CHAPTER 616, SB 167)κ
3. The director, on behalf of this state, may enter into any agreements with:
(a) The Federal Government;
(b) Other states; and
(c) A national repository established to assist in the administration of the uniform program,
as are appropriate for the administration of the uniform program.
Sec. 26. NRS 459.735 is hereby amended to read as follows:
459.735 1. The contingency account for hazardous materials is hereby created in the state general fund.
2. The commission shall administer the contingency account for hazardous materials, and the money in the account may be expended only for:
(a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;
(b) Carrying out the provisions of Public Law 99‑499 and Title I of Public Law 93-633;
(c) Maintaining and supporting the operations of the commission and local emergency planning committees;
(d) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials; and
(e) [Operation] The operation of training programs and a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045.
3. All money received by this state as a result of Public Law 99-499 or Title I of Public Law 93-633 must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. In addition, all money received by the commission from any source must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. The state controller shall transfer from the contingency account to the operating account of the state fire marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the state fire marshal for use pursuant to paragraph (e) of subsection 2.
4. Upon the presentation of budgets in the manner required by law, money to support the operation of the commission pursuant to this chapter, other than its provision of grants, must be provided by direct legislative appropriation from the state highway fund to the contingency account for hazardous materials.
5. The interest and income earned on the money in the contingency account [,] for hazardous materials, after deducting any applicable charges, must be credited to the account.
[4.] 6. All claims against the contingency account for hazardous materials must be paid as other claims against the state are paid.
Sec. 27. NRS 459.775 is hereby amended to read as follows:
459.775 Any person who:
1. Transports a hazardous material in a motor vehicle without [a valid permit;] the permit required pursuant to section 8 of this act;
2. Transports a hazardous material in a motor vehicle that has not been inspected pursuant to [the] any regulations of the department [;] requiring an inspection;
κ1999 Statutes of Nevada, Page 3353 (CHAPTER 616, SB 167)κ
3. Fails to carry the permit required pursuant to section 8 of this act or a copy of the permit in the drivers compartment of the motor vehicle if required to do so by a regulation of the department;
4. Transports a hazardous material in a motor vehicle under [an expired permit;] a permit required pursuant to section 8 of this act which has expired;
5. Violates any of the terms or conditions of a permit [issued by the division;] required pursuant to section 8 of this act; or
6. Fails to pay when due any fee established pursuant to NRS 459.744,
is guilty of a misdemeanor.
Sec. 28. NRS 459.780 is hereby amended to read as follows:
459.780 Any person who:
1. Allows the use of a permit [or identifying device issued by the division] required pursuant to section 8 of this act by a person not entitled thereto;
2. Uses a permit [or identifying device] required pursuant to section 8 of this act to which he is not entitled;
3. Alters, forges or counterfeits a permit [or identifying device issued by the division;] required pursuant to section 8 of this act;
4. Uses a permit [or identifying device] required pursuant to section 8 of this act which has been altered, forged or counterfeited;
5. Submits false information on an application or other form used to obtain a permit [to transport hazardous materials in a motor vehicle;] required pursuant to section 8 of this act;
6. Transports a hazardous material in a motor vehicle under a permit required pursuant to section 8 of this act which has been suspended or revoked; or
7. Transports a hazardous material in a motor vehicle which failed to pass [the required] any inspection for safety [,] required by a regulation of the department,
is guilty of a gross misdemeanor.
Sec. 29. NRS 459.790 is hereby amended to read as follows:
459.790 As used in NRS 459.790 to 459.796, inclusive, unless the context otherwise requires, hazardous material has the meaning ascribed to it in NRS 459.7024, and includes [the materials so identified and listed in regulations adopted by the director of the department of motor vehicles and public safety pursuant to NRS 459.710 and] any other substance which is regulated pursuant to this chapter.
Sec. 30. NRS 459.705, 459.707, 459.710, 459.713, 459.720 and 459.730 are hereby repealed.
Sec. 31. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 3354κ
Senate Bill No. 192Senator Rawson
CHAPTER 617
AN ACT relating to common-interest communities; enacting various provisions governing certain rights of an association with respect to certain property; making various other changes concerning common-interest communities; and providing other matters properly relating thereto.
[Approved June 11, 1999]
Whereas, Planned communities are a dominant method of residential development in the State of Nevada; and
Whereas, Planned communities are developed for the purposes of preserving neighborhood continuity and creating desirable places to reside; and
Whereas, Planned communities are governed by specific rules and regulations and by unit-owners associations; and
Whereas, A unit-owners association is the form of self-government closest to the people; and
Whereas, All forms of government should follow the basic principles of democracy found in the United States Constitution and the Nevada Constitution; and
Whereas, Some unit-owners associations in this state have a history of abuse of power; and
Whereas, Unit-owners associations have power over one of the most important aspects of a persons life, his residence; and
Whereas, Homeowners invest financially and emotionally in their homes; and
Whereas, Homeowners have the right to reside in a community without fear of illegal, unfair, unnecessary, unduly burdensome or costly interference with their property rights; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An association of a planned community may not restrict, prohibit or otherwise impede the lawful residential use of any property that is within or encompassed by the boundaries of the planned community and that is not designated as part of the planned community.
2. Except as otherwise provided in this subsection, an association may not restrict the access of a person to any of his property. An association may restrict access to and from a unit within a planned community if the right to restrict such access was included in the declaration or in a separate recorded instrument at the time that the owner of the unit acquired title to the unit. The provisions of this subsection do not prohibit an association from charging the owner of the property a reasonable and nondiscriminatory fee to operate or maintain a gate or other similar device designed to control access to the planned community that would otherwise impede ingress or egress to the property.
κ1999 Statutes of Nevada, Page 3355 (CHAPTER 617, SB 192)κ
3. An association may not expand, construct or situate a building or structure that is not part of any plat or plan of the planned community if the expansion, construction or situation of the building or structure was not previously disclosed to the units owners of the planned community unless the association obtains the written consent of a majority of the units owners and residents of the planned community who own property or reside within 500 feet of the proposed location of the building or structure.
4. The provisions of this section do not abrogate any easement, restrictive covenant, decision of a court, agreement of a party or any contract, governing document or declaration of covenants, conditions and restrictions, or any other decision, rule or regulation that a local governing body or other entity that makes decisions concerning land use or planning is authorized to make or enact that exists before October 1, 1999, including, without limitation, a zoning ordinance, permit or approval process or any other requirement of a local government or other entity that makes decisions concerning land use or planning.
Sec. 2. NRS 116.11038 is hereby amended to read as follows:
116.11038 Residential use means use as a dwelling or for personal, family or household purposes by ordinary customers, whether rented to particular persons or not. Such uses include marina boat slips, piers, stable or agricultural stalls or pens, campground spaces or plots, parking spaces or garage spaces, storage spaces or lockers and garden plots for individual use, but do not include spaces or units primarily used to derive commercial income from, or provide service to, the public.
Sec. 3. NRS 116.2116 is hereby amended to read as follows:
116.2116 1. Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary to discharge the declarants obligations or exercise special declarants rights, whether arising under this chapter or reserved in the declaration.
2. In a planned community, subject to the provisions of paragraph (f) of subsection 1 of NRS 116.3102 and NRS 116.3112, the units owners have an easement:
(a) In the common elements for purposes of access to their units; and
(b) To use the common elements and all real estate that must become common elements (paragraph (f) of subsection 1 of NRS 116.2105) for all other purposes.
3. Unless the terms of an easement in favor of an association prohibit a residential use of a servient estate, if the owner of the servient estate has obtained all necessary approvals required by law or any covenant, condition or restriction on the property, the owner may use such property in any manner authorized by law without obtaining any additional approval from the association. Nothing in this subsection authorizes an owner of a servient estate to impede the lawful and contractual use of the easement.
4. The provisions of subsection 3 do not abrogate any easement, restrictive covenant, decision of a court, agreement of a party or any contract, governing document or declaration of covenants, conditions and restrictions, or any other decision, rule or regulation that a local governing body or other entity that makes decisions concerning land use or planning is authorized to make or enact that exists before October 1, 1999, including, without limitation, a zoning ordinance, permit or approval process or any other requirement of a local government or other entity that makes decisions concerning land use or planning.
κ1999 Statutes of Nevada, Page 3356 (CHAPTER 617, SB 192)κ
restrictions, or any other decision, rule or regulation that a local governing body or other entity that makes decisions concerning land use or planning is authorized to make or enact that exists before October 1, 1999, including, without limitation, a zoning ordinance, permit or approval process or any other requirement of a local government or other entity that makes decisions concerning land use or planning.
________
Senate Bill No. 369Committee on Government Affairs
CHAPTER 618
AN ACT relating to revenue bonds for industrial development; providing under certain circumstances for the confidentiality of certain records submitted by obligors for the issuance of such bonds; prohibiting, under certain circumstances, the issuance of such bonds by the state if the issuance would result in the abandonment or closure of an existing facility; revising the prerequisites to the financing of a proposed project; authorizing the director of the department of business and industry to adopt regulations related to the issuance of such bonds and to refund such bonds issued by counties and cities in this state; and providing other matters properly relating thereto.
[Approved June 11, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The director may provide financing for a project pursuant to this section if:
(a) The financing is limited in amount and purpose to the payment of the costs associated with:
(1) The acquisition, refurbishing, replacement and installation of equipment for the project; and
(2) The issuance of bonds pursuant to this section;
(b) The total amount of the bonds issued pursuant to this section for a particular project does not exceed $2,500,000;
(c) The director determines that the bonds will:
(1) Be sold only to qualified institutional buyers, as defined in Rule 144A of the Securities and Exchange Commission, 17 C.F.R. § 230.144A, in minimum denominations of at least $100,000; or
(2) Receive a rating within one of the top four rating categories of Moodys Investors Service, Inc., Standard and Poors Rating Services or Fitch IBCA, Inc.;
(d) The director makes the findings set forth in paragraphs (a) to (e), inclusive, (g) and (h) of subsection 2 of NRS 349.580, and the governing body of the city or county where the project is to be located approves the findings of the director; and
(e) The director complies with the guidelines established pursuant to subsection 2.
2. The board shall establish guidelines for the provision of financing for a project pursuant to this section.
κ1999 Statutes of Nevada, Page 3357 (CHAPTER 618, SB 369)κ
Sec. 3. 1. Except as otherwise provided in subsection 2, the director, the board and the governing body of the county or city where a project is located shall make available for public inspection, upon request, information furnished by an obligor to obtain the directors assistance in financing a project pursuant to NRS 349.400 to 349.670, inclusive, and section 2 of this act.
2. Except as ordered by a court of competent jurisdiction or as required by federal law, the director, the board and the governing body of the county or city where the project is located shall not, without the prior consent of the obligor, disclose proprietary information or financial statements or records of the obligor or guarantor that are not otherwise available to the public unless the obligor has:
(a) Requested in writing that the information, statements or records be made public; or
(b) Furnished the information, statements or records for a purpose other than obtaining the directors assistance in financing a project pursuant to NRS 349.400 to 349.670, inclusive, and section 2 of this act.
3. As used in this section:
(a) Proprietary information means any trade secret or other information which, if disclosed to members of the general public, may result in a competitive disadvantage to the obligor, including, without limitation:
(1) Documents concerning the marketing or strategic planning of the obligor;
(2) Data, studies and reports concerning the development of new products or services; and
(3) Data that identify the share of the market of the obligor.
(b) Trade secret has the meaning ascribed to it in NRS 600A.030.
Sec. 4. NRS 349.400 is hereby amended to read as follows:
349.400 As used in NRS 349.400 to 349.670, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 349.410 to 349.540, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 349.425 is hereby amended to read as follows:
349.425 Corporation for public benefit means a corporation that is [recognized] :
1. Recognized as exempt pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3), future amendments to that section and the corresponding provisions of future internal revenue laws [.] ; or
2. Organized for a public or charitable purpose and which, upon dissolution, must distribute its assets to the United States, a state, or a person which is recognized as exempt pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3), future amendments to that section and the corresponding provisions of future internal revenue laws.
κ1999 Statutes of Nevada, Page 3358 (CHAPTER 618, SB 369)κ
Sec. 6. NRS 349.565 is hereby amended to read as follows:
349.565 1. The director may not, under NRS 349.400 to 349.670, inclusive [:
1.] , and sections 2 and 3 of this act:
(a) Operate any manufacturing, industrial, warehousing or commercial enterprise or an organization for research and development or any health and care facility to which he provided assistance; or
[2. Assist]
(b) Except as otherwise provided in subsection 2, assist any manufacturing, industrial, warehousing or commercial enterprise or an organization for research and development to locate in a county or city which would [compete substantially with an enterprise or organization already established in the county or city for substantially the same intrastate markets.] result in the abandonment or closure of an existing facility of a like nature located within that county or city, unless the existing facility is operated by the contemplated lessee, purchaser or other obligor or an affiliate of such a person and the facility is to be abandoned or closed because of obsolescence, lack of available labor or limitations at the site of the facility.
2. The provisions of paragraph (b) of subsection 1 do not apply to:
(a) Health and care facilities and supplemental facilities for a health and care facility;
(b) Civic and cultural enterprises open to the general public;
(c) Enterprises located in a redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive;
(d) Enterprises located in an area designated as an empowerment zone pursuant to sections 1391 to 1397, inclusive, of the Internal Revenue Code of 1986, 26 U.S.C. §§ 1391-97, future amendments to those sections and the corresponding provisions of future internal revenue laws;
(e) Facilities established by a corporation for public benefit; and
(f) Enterprises whose products are substantially sold, used or distributed outside this state.
Sec. 7. NRS 349.580 is hereby amended to read as follows:
349.580 [The] Except as otherwise provided in NRS 349.640 and section 2 of this act, the director shall not finance a project unless, before financing:
1. The director finds that:
(a) The project to be financed has been approved for financing pursuant to the requirements of NRS 244A.669 to 244A.763, inclusive, or 268.512 to 268.568, inclusive; and
(b) There has been a request by a city or county to have the director issue bonds to finance the project; or
2. The director finds and both the board and the governing body of the city or county where the project is to be located approve the findings of the director that:
(a) The project consists of any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, which is suitable for new construction, improvement, preservation, restoration, rehabilitation or redevelopment:
κ1999 Statutes of Nevada, Page 3359 (CHAPTER 618, SB 369)κ
(1) For manufacturing, industrial, warehousing, civic, cultural or other commercial enterprises, educational institutions , corporations for public benefit or organizations for research and development;
(2) For a health and care facility or a supplemental facility for a health and care facility;
(3) Of real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire; or
(4) Of a historic structure;
(b) The project will provide a public benefit;
(c) The contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement;
(d) There are sufficient safeguards to assure that all money provided by the department will be expended solely for the purposes of the project;
(e) [There are existing and projected needs for the project and the project would alleviate an existing shortage of facilities or services in the state;
(f)] The project would be compatible with existing facilities in the area adjacent to the location of the project;
[(g)] (f) The project is compatible with the plan of the state for economic diversification and development or for the marketing and development of tourism in this state;
[(h)] (g) Through the advice of counsel or other reliable source that the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and
[(i)] (h) There has been a request by a city, county, lessee, purchaser, other obligor or other enterprise to have the director issue revenue bonds for industrial development to finance the project.
Sec. 8. NRS 349.590 is hereby amended to read as follows:
349.590 [Before] Except as otherwise provided in NRS 349.640, before financing a project pursuant to subsection 2 of NRS 349.580, the director and the [state board of finance] board must also:
1. Determine the total amount of money necessary to be provided by the director for financing the project.
2. [Receive] Except as otherwise provided in this subsection, receive a 5-year operating history from the contemplated lessee, purchaser or other obligor or from [a parent or other enterprise which guarantees principal and interest payments] any other enterprise that will make or guarantee the payment of the principal, premium, if any, and interest on any bonds issued. An operating history is not required if the bonds:
(a) Are to be sold only to qualified institutional buyers, as defined in Rule 144A of the Securities and Exchange Commission, 17 C.F.R. § 230.144A, in minimum denominations of at least $100,000; or
(b) Will receive a rating within one of the top four rating categories of Moodys Investors Service, Inc., Standard and Poors Rating Services or Fitch IBCA, Inc.
κ1999 Statutes of Nevada, Page 3360 (CHAPTER 618, SB 369)κ
3. Consider whether the contemplated lessee, purchaser, other obligor or other enterprise [which guarantees principal and interest payments] that will make or guarantee the payment of the principal, premium, if any, and interest on any bonds issued has received within the 12 months preceding the date of the findings of the director, or then has or has not in effect, a rating within one of the top four rating categories of [either] Moodys Investors Service, Inc., [or] Standard and Poors Ratings Services [.] or Fitch IBCA, Inc.
4. Identify any existing facilities of a like nature within the [area to be served by the project] county or city in which the project will be located and consider [what the competitive effect of the project would be on the existing facilities.] the applicability of paragraph (b) of subsection 1 of NRS 349.565.
5. Consider the extent to which the project is affected by any federal, state or local governmental action, activity, program or development.
6. Consider whether the lessee, purchaser, other obligor or other enterprise of the project has maintained facilities appropriate to the community in this state for 10 years or longer.
Sec. 9. NRS 349.630 is hereby amended to read as follows:
349.630 The director shall adopt regulations to carry out the provisions of NRS 349.400 to 349.670, inclusive, and sections 2 and 3 of this act, including, without limitation, regulations for:
1. Investment and reinvestment of the proceeds from the sale of bonds, including, but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(i) Certificates of deposit issued by commercial banks, including banks domiciled outside the United States of America.
(j) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
κ1999 Statutes of Nevada, Page 3361 (CHAPTER 618, SB 369)κ
(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.
2. Receiving, holding and disbursing of proceeds of the sale of bonds by one or more banks or trust companies located within or out of this state.
Sec. 10. NRS 349.640 is hereby amended to read as follows:
349.640 1. Any bonds issued under the provisions of NRS 349.400 to 349.670, inclusive, and sections 2 and 3 of this act, or NRS 244A.669 to 244A.763, inclusive, or 268.512 to 268.568, inclusive, may be refunded by the director by the issuance of refunding bonds in an amount which he deems necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection with refunding.
2. Refunding may be carried out whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds to the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of the bonds to be refunded must not be compelled, without their consent, to surrender their bonds for payment or exchange before the date on which they are payable by maturity, option to redeem or otherwise, or if they are called for redemption before the date on which they are by their terms subject to redemption by option or otherwise.
3. All refunding bonds issued pursuant to this section must be payable solely from revenues and other money out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.
4. The director shall not issue refunding bonds unless before the refinancing he finds that issuance of refunding bonds will provide a lower cost of financing for the obligor or provide some other public benefit, but the findings and determinations required by NRS 349.580 and 349.590 and section 2 of this act are not required with respect to refunding bonds issued pursuant to this section.
Sec. 11. Section 50 of Senate Bill No. 39 of this session is hereby amended to read as follows:
Sec. 50. NRS 349.630 is hereby amended to read as follows:
349.630 The director shall adopt regulations to carry out the provisions of NRS 349.400 to 349.670, inclusive, and sections 2 and 3 of [this act,] Senate Bill No. 369 of this session, including, without limitation, regulations for:
1. Investment and reinvestment of the proceeds from the sale of bonds, including, but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.
κ1999 Statutes of Nevada, Page 3362 (CHAPTER 618, SB 369)κ
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(i) Certificates of deposit issued by credit unions or commercial banks, including banks domiciled outside of the United States of America.
(j) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.
2. Receiving, holding and disbursing of proceeds of the sale of bonds by one or more banks , credit unions or trust companies located within or out of this state.
Sec. 12. 1. The director shall not provide any financing pursuant to section 2 of this act until the state board of finance has established the guidelines required pursuant to subsection 2 of that section.
2. For the purposes of this section, director has the meaning ascribed to it in NRS 349.440.
Sec. 13. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 3363κ
Senate Bill No. 391Senators Porter and James
CHAPTER 619
AN ACT relating to land use planning; providing for the establishment of provisions to preserve the rural character and density of certain areas in larger counties; providing for a governing body to establish an analysis of the cost to construct infrastructure in certain areas; authorizing the governing body to enter into agreements to carry out the plan for the development of infrastructure in certain areas; revising the limitation on local control over the location of housing for persons with disabilities; requiring the health division of the department of human resources to maintain a registry of residential facilities for groups; and providing other matters properly relating thereto.
[Approved June 11, 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 the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. Average residential density means the number of lots intended for residential dwelling units within the boundaries of a subdivided or developed area, divided by the total number of acres within the boundaries of the subdivision or developed area.
Secs. 3 and 3.5. (Deleted by amendment.)
Sec. 4. Infrastructure or public facilities means water, sanitary sewer, storm sewer, street, parks, fire, police and flood protection.
Sec. 5. Residential dwelling unit has the meaning ascribed to it in NRS 278.4977.
Sec. 6. Rural preservation neighborhood means a subdivided or developed area:
1. Which consists of 10 or more residential dwelling units;
2. Where the outer boundary of each lot that is used for residential purposes is not more than 330 feet from the outer boundary of any other lot that is used for residential purposes;
3. Which has no more than two residential dwelling units per acre; and
4. Which allows residents to raise or keep animals noncommercially.
Sec. 6.5. (Deleted by amendment.)
Sec. 7. Used for residential purposes means a lot or parcel of land that is 5 acres or less in area and contains a residential dwelling unit of a permanent nature.
Sec. 8. 1. In a county with a population of 400,000 or more, the governing body shall take such actions as are necessary and appropriate to ensure that the rural character of each rural preservation neighborhood is preserved.
2. Unless a rural preservation neighborhood is located within 330 feet of an existing or proposed street or highway that is more than 99 feet wide, the governing body shall, to the extent practicable, adopt any zoning regulation or restriction that is necessary to:
(a) Maintain the rural character of the area developed as a low density residential development;
κ1999 Statutes of Nevada, Page 3364 (CHAPTER 619, SB 391)κ
(b) Except as otherwise provided in subsection 4, ensure that the average residential density for that portion of the zoning request that is located within 330 feet of a rural preservation neighborhood does not exceed three residential dwelling units per acre; and
(c) Provide adequate buffer areas, adequate screening and an orderly and efficient transition of land uses, excluding raising or keeping animals commercially or noncommercially.
3. The governing body may modify the standards for the development of infrastructure to maintain the rural character of the rural preservation neighborhood.
4. The governing body may, for good cause shown, allow a greater density or intensity of use when that use is less than 330 feet from a rural preservation neighborhood.
Sec. 9. The provisions of sections 11 and 12 of this act, sections 1 to 12, inclusive, of Assembly Bill No. 493 of this session and sections 3 and 4 of Senate Bill No. 394 of this session apply only to counties whose population is 400,000 or more and cities located within those counties.
Sec. 10. (Deleted by amendment.)
Sec. 11. 1. A governing body may establish, independently or in conjunction with another governing body, an analysis of the cost to construct infrastructure in an area which is relatively undeveloped and which is likely to become developed.
2. The analysis of the cost to construct infrastructure in an area that is relatively undeveloped must include, without limitation:
(a) A precise description of the area, either in the form of a legal description or by reference to roadways, lakes and waterways, railroads or similar landmarks, and township, county or city boundaries;
(b) An estimate of the expected total population of the area when the land becomes fully developed;
(c) An assessment of the infrastructure that will be necessary to support the area when it becomes fully developed according to the master plan adopted by the governing body pursuant to NRS 278.220; and
(d) A plan for the development of the infrastructure which includes, without limitation:
(1) Any minimum requirements for the development of infrastructure that have been determined by the regional planning coalition;
(2) A plan to meet the anticipated needs of the area for police and fire protection, parks, roads, regional transportation and flood control facilities when the land becomes fully developed;
(3) An estimate of the date on which each phase of the development will occur;
(4) The manner in which the plan for the development of the infrastructure will be implemented; and
(5) An economic analysis of the cost to plan and develop fully the infrastructure for the area.
3. The governing body may, if it finds that the analysis of the projected need for infrastructure is consistent with the master plan, approve the analysis by ordinance.
κ1999 Statutes of Nevada, Page 3365 (CHAPTER 619, SB 391)κ
4. The governing body shall provide the necessary copies of the analysis to the regional planning coalition for review and information.
Sec. 12. 1. A governing body may carry out the plan for infrastructure by negotiating master development agreements, independently or in conjunction with an interlocal agreement for the area.
2. As used in this section, master development agreement means a written agreement:
(a) Between a governing body and a person who has a legal or equitable interest in land that is entered into upon the application of the person who wishes to develop that land;
(b) To enable the governing body to distribute equitably the costs to develop infrastructure for an area of land that is largely undeveloped; and
(c) That is based on an analysis of the need for infrastructure that is prepared pursuant to section 11 of this act.
Sec. 12.5. (Deleted by amendment.)
Sec. 13. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, and sections 2 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 13.3. NRS 278.021 is hereby amended to read as follows:
278.021 1. [The purpose of this section is to remove obstacles imposed by zoning ordinances, declarations of restrictions, deed restrictions, restrictive covenants and equitable servitudes which prevent persons who are mentally retarded from living in normal residences.
2.] In any ordinance adopted by a city or county, the definition of single-family residence must include a [home in which six or fewer unrelated persons who are mentally retarded reside with one or two additional persons to act as house parents or guardians who need not be related to each other or any of the mentally retarded persons who reside in the house.
3. This section does] :
(a) Residential facility for groups in which 10 or fewer unrelated persons with disabilities reside with:
(1) House parents or guardians who need not be related to any of the persons with disabilities; and
(2) If applicable, additional persons who are related to the house parents or guardians within the third degree of consanguinity or affinity.
(b) Home for individual residential care.
2. The provisions of subsection 1 do not prohibit a definition of single-family residence which permits more persons to reside in the house, nor does it prohibit regulation of homes which are operated on a commercial basis.
[4. For the purposes of subsection 1, a residence for mentally retarded persons is not a commercial activity.] For the purposes of this subsection, a residential facility for groups or a home for individual residential care shall not be deemed to be a home that is operated on a commercial basis for any purposes relating to building codes or zoning.
κ1999 Statutes of Nevada, Page 3366 (CHAPTER 619, SB 391)κ
3. The health division of the department of human resources shall compile and maintain a registry of information relating to each residential facility for groups that exists in this state and shall make available for access on the Internet or its successor, if any, the information contained in the registry. The registry must include with respect to each residential facility for groups:
(a) The name of the owner of the facility;
(b) The name of the administrator of the facility;
(c) The address of the facility; and
(d) The number of clients for which the facility is licensed.
Any department or agency of a county or city that becomes aware of the existence of a residential facility for groups that is not included in the registry shall transmit such information to the health division, as is necessary, for inclusion in the registry within 30 days after obtaining the information.
4. The governing body of a county whose population is 100,000 or more or the governing body of a city in such a county or any department or agency of the city or county shall approve the first application submitted on or after July 1, 2000, to operate a residential facility for groups within a particular neighborhood in the jurisdiction of the governing body. If, on or after July 1, 2000, a subsequent application is submitted to operate an additional residential facility for groups at a location that is within 660 feet from an existing residential facility for groups, the governing body shall review the application based on applicable zoning ordinances. The requirements of this subsection do not require the relocation or displacement of any residential facility for groups which existed before July 1, 2000, from its location on that date. The provisions of this subsection do not create or impose a presumption that the location of more than one residential facility for groups within 660 feet of each other is inappropriate under all circumstances with respect to the enforcement of zoning ordinances and regulations.
5. The governing body of a county or city shall not refuse to issue a special use permit to a residential facility for groups that meets local public health and safety standards.
6. The provisions of this section must not be applied in any manner which would result in a loss of money from the Federal Government for programs relating to housing.
7. As used in this section:
(a) Home for individual residential care has the meaning ascribed to it in NRS 449.0105.
(b) Person with a disability means a person:
(1) With a physical or mental impairment that substantially limits one or more of the major life activities of the person;
(2) With a record of such an impairment; or
(3) Who is regarded as having such an impairment.
(c) Residential facility for groups has the meaning ascribed to it in NRS 449.017.
Sec. 13.7. (Deleted by amendment.)
κ1999 Statutes of Nevada, Page 3367 (CHAPTER 619, SB 391)κ
Sec. 14. NRS 278.160 is hereby amended to read as follows:
278.160 1. The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(e) Housing plan. The housing plan must include, but is not limited to:
(1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.
(2) An inventory of affordable housing in the community.
(3) An analysis of the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.
(f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan may include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
κ1999 Statutes of Nevada, Page 3368 (CHAPTER 619, SB 391)κ
(g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including any utility projects required to be reported pursuant to NRS 278.145.
(j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(k) Rural neighborhoods preservation plan. In any county whose population is 400,000 or more, showing general plans to preserve the character and density of rural neighborhoods.
(l) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.
[(l)] (m) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.
[(m)] (n) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
[(n)] (o) Solid waste disposal plan. Showing general plans for the disposal of solid waste.
[(o)] (p) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
[(p)] (q) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
[(q)] (r) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.
κ1999 Statutes of Nevada, Page 3369 (CHAPTER 619, SB 391)κ
Secs. 14.3 and 14.7. (Deleted by amendment.)
Sec. 15. NRS 278.250 is hereby amended to read as follows:
278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive, the governing body may divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.
2. The zoning regulations must be adopted in accordance with the master plan for land use and be designed:
(a) To preserve the quality of air and water resources.
(b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.
(c) To provide for recreational needs.
(d) To protect life and property in areas subject to floods, landslides and other natural disasters.
(e) To conform to the adopted population plan, if required by NRS 278.170.
(f) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services, including facilities and services for bicycles.
(g) To ensure that the development on land is commensurate with the character and the physical limitations of the land.
(h) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.
(i) To promote health and the general welfare.
(j) To ensure the development of an adequate supply of housing for the community, including the development of affordable housing.
(k) To ensure the protection of existing neighborhoods and communities, including the protection of rural preservation neighborhoods.
3. The zoning regulations must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.
4. In exercising the powers granted in this section, the governing body may use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.
5. As used in this section:
(a) Density bonus means an incentive granted by a governing body to a developer of real property that authorizes the developer to build at a greater density than would otherwise be allowed under the master plan, in exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.
κ1999 Statutes of Nevada, Page 3370 (CHAPTER 619, SB 391)κ
(b) Inclusionary zoning means a type of zoning pursuant to which a governing body requires or provides incentives to a developer who builds residential dwellings to build a certain percentage of those dwellings as affordable housing.
(c) Minimum density zoning means a type of zoning pursuant to which development must be carried out at or above a certain density to maintain conformance with the master plan.
Secs. 16-22. (Deleted by amendment.)
Sec. 23. Section 1 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 12, inclusive, of this act.
Sec. 24. Section 5 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 5. 1. The regional planning coalition shall develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.
2. In developing the plan, the coalition:
(a) May consult with other entities that are interested or involved in regional planning within the county.
(b) Shall ensure that the comprehensive regional policy plan includes goals, policies, maps and other documents relating to:
(1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.
(2) Population, including, without limitation, [a projection of] standardized projections for population growth in the region.
(3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region.
(4) Transportation.
(5) [Public] The efficient provision of public facilities and services [.] , including, without limitation, roads, water and sewer service and police and fire protection, mass transit, libraries and parks.
(6) Air quality.
(7) Strategies to promote and encourage:
(I) The interspersion of new housing and businesses in established neighborhoods; and
(II) Development in areas in which public services are available.
3. The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:
(a) Carried by the affirmative votes of not less than two-thirds of its total membership; and
κ1999 Statutes of Nevada, Page 3371 (CHAPTER 619, SB 391)κ
(b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to section [4 of this act.] 3 of Senate Bill No. 394 of this session as amended by section 33 of this act.
Sec. 25. Section 6 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 6. 1. The regional planning coalition shall study and develop methods to provide incentives for the interspersion of new housing and businesses in established neighborhoods, including, without limitation, the:
(a) Creation of an expedited process for granting necessary permits for a development that features such interspersion; and
(b) Imposition of a fee for the extension of infrastructure to encourage such interspersion.
2. As used in this section, infrastructure means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, libraries, community centers, police and fire protection, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.
Sec. 26. Section 7 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 7. 1. The regional planning coalition may:
(a) Coordinate sources of information;
(b) Recommend measures to increase the efficiency of governmental entities and services;
(c) Make recommendations regarding the disposal of federal land;
(d) Establish methods for resolving issues related to annexation, boundaries and other matters that arise between jurisdictions;
(e) [Review:] At least every 2 years, review:
(1) Master plans, facilities plans and other similar plans, and amendments thereto, adopted by a governing body, regional agency, state agency or public utility that is located in whole or in part within the region; and
(2) The annual plan for capital improvements that is prepared by each local government in the region pursuant to NRS 278.0226;
(f) Develop and recommend, to the extent practicable, standardized classifications for land use for the region;
(g) Consider and take necessary action with respect to any issue that the regional planning coalition determines will have a significant impact on the region, including, without limitation, projects of regional significance;
(h) Review, consider and make recommendations regarding applications submitted to agencies of the Federal Government and applications for federal assistance for federally-assisted programs or projects; and
(i) Designate allowable future land uses for each part of the county, including, without limitation, the identification of each category of land use in which the construction and operation of a public school is permissible.
κ1999 Statutes of Nevada, Page 3372 (CHAPTER 619, SB 391)κ
public school is permissible. The identification of a category of land use in which the construction and operation of a public school is permissible must be carried out in consultation with the county school district and include a determination of whether there is sufficient land in the proximity of a residential development to meet projected needs for public schools.
2. The regional planning coalition shall establish a definition for the term project of regional significance. In establishing the definition, the regional planning coalition shall consider:
(a) Existing definitions of the term within the Nevada Revised Statutes; and
(b) That a project may have regional significance for several reasons, including, without limitation, the potential impact that the project may have on historic, archaeological, cultural, scenic and natural resources, public facilities and public services within the region.
Sec. 27. Section 8 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 8. Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, [not more than once] at least every 2 years, submit to the regional planning coalition for its review all master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility.
Sec. 28. Section 11 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 11. The regional planning coalition may employ persons or contract for services necessary to carry out:
1. The provisions of sections 5 to 12, inclusive, of this act; and
2. Other responsibilities set forth in the cooperative agreement pursuant to which the regional planning coalition was established pursuant to section 3 of Senate Bill No. 394 of this session as amended by section 33 of this act.
Sec. 29. Section 12 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 12. 1. [Not more than once] At least every 2 years, the regional planning coalition shall review the master plans, facilities plans and other similar plans that it receives pursuant to section 8 of this act, and determine whether those plans are in substantial conformance with the comprehensive regional policy plan.
2. If the regional planning coalition determines that a plan reviewed pursuant to subsection 1 is not in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall return the plan to the submitting entity accompanied by recommendations regarding the manner in which the submitting entity may bring the plan into substantial conformance with the comprehensive regional policy plan.
κ1999 Statutes of Nevada, Page 3373 (CHAPTER 619, SB 391)κ
3. Within 90 days after the date on which a submitting entity receives the plan and recommendations from the regional planning coalition pursuant to subsection 2, the submitting entity shall provide to the regional planning coalition a written response setting forth the:
(a) Manner in which the submitting entity changed the plan to be in substantial conformance with the comprehensive regional policy plan; or
(b) Reasons of the submitting entity for not bringing the plan into substantial conformance.
4. If the regional planning coalition determines that all the plans that a city or county is required to submit pursuant to section 8 of this act are in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall issue to the city or county a certificate or other indicia of that determination. Upon receipt of such a certificate or other indicia, the city or county, until the next time the regional planning coalition reviews the plans of the city or county pursuant to subsection 1, is entitled to establish its own policies and procedures with respect to regional planning, to the extent that those policies and procedures do not conflict with federal or state law.
Sec. 30. Assembly Bill No. 493 of this session is hereby amended by adding thereto a new section designated section 12.5, following sec. 12, to read as follows:
Sec. 12.5. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 3 to 12, inclusive, 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. 31. Section 13 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 13. Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, on or before May 1, 2000, submit to the regional planning coalition for its review all existing master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility. As used in this section, regional planning coalition has the meaning ascribed to it in section 2 of Senate Bill No. 394 of this session.
Sec. 32. Section 14 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 14. The regional planning coalition:
1. Shall:
(a) On or before March 1, 2001:
(1) Adopt a comprehensive regional policy plan in accordance with section 5 of this act. Before approving the plan, the regional planning coalition shall hold public hearings on the proposed plan in the cities and unincorporated areas within the county.
κ1999 Statutes of Nevada, Page 3374 (CHAPTER 619, SB 391)κ
(2) In cooperation with local governmental entities within the county, develop guidelines to determine whether master plans, facilities plans and other similar plans established by those entities would conform with the comprehensive regional policy plan.
(b) On or before July 1, 2001, establish a preliminary definition for the term project of regional significance. In establishing the definition, the regional planning commission shall consider the factors set forth in paragraphs (a) and (b) of subsection 2 of section 7 of this act.
(c) On or before July 1, 2002, review the master plans, facilities plans and other similar plans that it receives pursuant to section 8 of this act, and determine whether those plans are in conformance with the comprehensive regional policy plan.
2. May, on or before February 1, 2001, submit three requests for proposed legislation to the legislature if the regional planning coalition determines that the proposed legislation is necessary to:
(a) Ensure the adequacy and consistency of activities within the region that are related to regional planning; or
(b) Enable local governmental entities within the region to carry out their authority to govern in a more efficient manner.
3. As used in this section, regional planning coalition has the meaning ascribed to it in section 2 of Senate Bill No. 394 of this session.
Sec. 33. Section 3 of Senate Bill No. 394 of this session is hereby amended to read as follows:
Sec. 3. In a county whose population is 400,000 or more, the board of county commissioners and the city council of each of at least the three largest cities in the county shall establish a regional planning coalition by cooperative agreement pursuant to chapter 277 of NRS. [The regional planning coalition may:
1. Develop policies for the region, including, without limitation, the promotion of orderly development, coordinated land use planning and the efficient provision of services to urban areas, including, without limitation, roads, water and sewer service and police and fire protection, mass transit, libraries and parks;
2. Coordinate sources of information;
3. Establish standardized projections for population;
4. Recommend measures to increase the efficiency of governmental entities and services;
5. Make recommendations regarding the disposal of federal land;
6. Establish methods for resolving disputes regarding annexation and other matters that arise between jurisdictions; and
7. Not more than once every 2 years, review:
(a) Master plans adopted by the governing body of the county and each city; and
(b) The annual plan for capital improvements prepared by the governing body of each local government in the county pursuant to NRS 278.0226.]
κ1999 Statutes of Nevada, Page 3375 (CHAPTER 619, SB 391)κ
Sec. 34. Section 4 of Senate Bill No. 394 of this session is hereby amended to read as follows:
Sec. 4. 1. [In a county whose population is 400,000 or more, the] The regional planning coalition shall cooperate with the local air pollution control board and the regional transportation commission in the county in which it is located to:
(a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.
(b) [Establish] In addition to the comprehensive regional policy plan required by section 5 of Assembly Bill No. 493 of this session as amended by section 24 of Senate Bill No. 391 of this session, establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.
2. Before adopting or amending a plan, policy or program, the regional planning coalition shall:
(a) Consult with the local air pollution control board and the regional transportation commission; and
(b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:
(1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional transportation commission; and
(2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.
3. If the program for control of air pollution established and administered by the local air pollution control board includes measures for the control of traffic or transportation, the regional planning coalition shall consider recommending the use of alternative land use designations, densities and design standards to meet local and regional needs with respect to transportation.
4. Not more than once every 2 years, the regional planning coalition shall:
(a) Prepare a report that summarizes the policies related to land use, transportation and air quality which it has adopted and which the local air pollution control board and the regional transportation commission have adopted; and
(b) Submit a copy of the report to the:
(1) County clerk of the appropriate county;
(2) Division of environmental protection of the state department of conservation and natural resources;
(3) Division of state lands of the state department of conservation and natural resources; and
(4) Department of transportation.
5. As used in this section:
(a) Local air pollution control board means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.
κ1999 Statutes of Nevada, Page 3376 (CHAPTER 619, SB 391)κ
(b) Regional transportation commission means a regional transportation commission created and organized in accordance with chapter 373 of NRS.
Sec. 35. Sections 2 and 4 of Assembly Bill No. 493 of this session are hereby repealed.
Sec. 36. 1. This section and sections 1 to 13, inclusive, and 14 of this act become effective on October 1, 1999.
2. Sections 15 and 33 of this act become effective at 12:01 a.m. on October 1, 1999.
3. Sections 23, 28 and 35 of this act become effective on December 31, 1999.
4. Section 30 of this act becomes effective on January 1, 2000.
5. Sections 24 to 27, inclusive, 29, 31 and 32 of this act become effective at 12:01 a.m. on January 1, 2000.
6. Section 13.3 of this act becomes effective on July 1, 2000.
7. Section 34 of this act becomes effective at 12:01 a.m. on July 1, 2001.
8. The provisions of section 8 of this act expire by limitation on June 1, 2004.
________
Senate Bill No. 417Senator OConnell
CHAPTER 620
AN ACT relating to industrial insurance; creating the appeals panel for industrial insurance to hear grievances of certain employers concerning the establishment of experience modification factors, the assignment of classifications of risk and the application of certain information filed with the commissioner of insurance; and providing other matters properly relating thereto.
[Approved June 11, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Chapter 616A of NRS is hereby amended by adding thereto a new section to read as follows:
Appeals panel means the appeals panel for industrial insurance that hears grievances of employers, other than self-insured employers, pursuant to the provisions of sections 5 to 17, inclusive, of this act.
Sec. 2. NRS 616A.025 is hereby amended to read as follows:
616A.025 As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 3. (Deleted by amendment.)
Sec. 4. Chapter 616B of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 17, inclusive, of this act.
Sec. 5. 1. The appeals panel for industrial insurance is hereby created. The appeals panel consists of seven members who are appointed by the governor, in consultation with the commissioner. From the appropriate list of persons, if any, provided by the advisory organization pursuant to subsection 2, the governor, in consultation with the commissioner, shall appoint:
κ1999 Statutes of Nevada, Page 3377 (CHAPTER 620, SB 417)κ
pursuant to subsection 2, the governor, in consultation with the commissioner, shall appoint:
(a) An employee of the division of insurance of the department of business and industry;
(b) An agent who is:
(1) Licensed pursuant to chapter 683A of NRS and qualified pursuant to regulations adopted by the commissioner to take an application for, procure or place on behalf of others, industrial insurance; and
(2) A member of a nationally recognized association for the profession of insurance agents;
(c) Two representatives of the general public:
(1) One of which must be employed by, or the proprietor of, a business which is a member of:
(I) A local chamber of commerce; or
(II) Another organization representing the general business interests of a group of businesses located in this state.
(2) Neither of which may be an independent contractor to, or an employee or representative of, an insurance company, insurance broker, insurance agent or insurance solicitor, a law firm, actuary or a representative of a trade association that represents or supports the interests specific to the trade of any such persons.
(3) Both of which must be knowledgeable in the field and business of industrial insurance in this state;
(d) Two representatives of private carriers; and
(e) A representative of the advisory organization who administers appeals panels for grievances of employers in other states.
2. On or before June 1 of a year in which the governor is to appoint a member to the appeals panel, the advisory organization shall compile lists of nominees for appointment pursuant to subsection 1 and provide such lists to the governor and the commissioner. The advisory organization shall compile three lists, each containing the names of at least five persons who, in the opinion of the advisory organization, would be appropriate members of the appeals panel as:
(a) The agent appointed pursuant to paragraph (b) of subsection 1;
(b) The two representatives of the general public appointed pursuant to paragraph (c) of subsection 1; and
(c) The two representatives of private carriers appointed pursuant to paragraph (d) of subsection 1.
3. Within 30 days after such appointments have been made, the governor shall notify the advisory organization of the names of each new member.
4. After the initial terms, members shall serve terms of 2 years, except when appointed to fill unexpired terms.
5. A vacancy in the membership of the appeals panel must be filled by the governor, in consultation with the commissioner, in accordance with the provisions of subsections 1 and 2 for the remainder of the unexpired term. The newly appointed member must have the same qualifications as the vacating member, as specified in paragraph (a), (b), (c), (d) or (e) of subsection 1, as appropriate.
κ1999 Statutes of Nevada, Page 3378 (CHAPTER 620, SB 417)κ
the vacating member, as specified in paragraph (a), (b), (c), (d) or (e) of subsection 1, as appropriate.
Sec. 6. 1. At its first meeting of each year, the appeals panel shall elect a chairman from among its members.
2. The chairman shall hold office for 1 year.
3. If a vacancy occurs in the chairmanship, the members of the panel shall elect a chairman from among its members for the remainder of the unexpired term of the chairman.
4. Unless the members agree unanimously to a different date, the first meeting of each year must be as soon as practicable after July 1.
Sec. 7. 1. The chairman of the appeals panel shall:
(a) Schedule the time and place of the meetings and hearings of the appeals panel;
(b) Establish the agenda for each meeting and hearing of the appeals panel; and
(c) Ensure that the meetings of the appeals panel are conducted in an efficient manner.
2. The chairman of the appeals panel may appoint from the membership of the appeals panel a secretary to whom he may delegate his administrative functions.
Sec. 8. 1. The appeals panel shall meet at the times and places specified by a call of the chairman.
2. Four members of the appeals panel constitute a quorum to transact all business, and a majority of those present must concur on any decision.
Sec. 9. 1. Each member of the appeals panel is entitled to receive, for his attendance at the meetings of the appeals panel, the per diem allowance and travel expenses provided for state officers and employees generally.
2. Expenses of the members of the appeals panel must be paid from assessments payable by each insurer pursuant to the formula filed with and approved by the commissioner pursuant to section 20.2 of this act.
3. As used in this section, insurer has the meaning ascribed to it in NRS 686B.1759.
Sec. 10. 1. An employer, other than a self-insured employer, who determines that circumstances specific to his case require a review of the:
(a) Establishment of the employers modification of premium based on experience;
(b) Classification of risk assigned for the employers business; or
(c) Application of the supplementary rate information to the employer,
may file a written grievance with the appeals panel.
2. The insurer of that employer and the advisory organization may participate in a hearing on the grievance by appearing and providing testimony or other evidence. If an insurer or the advisory organization participates in the hearing, the insurer or the advisory organization is a party to the hearing and may appeal, pursuant to the provisions of section 16 of this act, the decision made by the appeals panel.
3. As used in this section supplementary rate information has the meaning ascribed to it in NRS 686B.020.
κ1999 Statutes of Nevada, Page 3379 (CHAPTER 620, SB 417)κ
Sec. 11. 1. The appeals panel shall hear a grievance of an employer filed pursuant to section 10 of this act.
2. The appeals panel shall not hear:
(a) Complaints concerning the effect of the classifications of risks or rules that are applied by all insurers to all similarly classified businesses within this state.
(b) Grievances concerning contested cases for compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or 617 of NRS.
Sec. 12. 1. Within 30 days after receipt of a written grievance from an employer pursuant to section 10 of this act and not less than 10 days before the hearing on such grievance, the appeals panel shall provide written notice to the employer, his insurer and the advisory organization of the date and place of the hearing.
2. A decision on a grievance must be issued pursuant to section 15 of this act within 30 days after the hearing.
Sec. 13. A hearing held pursuant to section 11 of this act must be open to the public, unless the appeals panel will be considering proprietary information of the employer or the insurer. As used in this section, the term proprietary information means any information which, if disclosed to the general public, may result in a competitive disadvantage to an insurer or employer, including, without limitation:
1. Rules, criteria and standards for underwriting policies that are applied by an insurer.
2. Plans or other documents concerning the marketing or strategic planning of an insurer or employer.
3. Data, studies and reports concerning the development of new products or services.
4. Data that identify the share of the market of an insurer within each class of risk.
Sec. 14. 1. If a member of the appeals panel determines that he has a personal interest or a conflict of interest, directly or indirectly, with a party to a hearing or the subject matter of the hearing, the chairman of the appeals panel shall appoint a substitute member for that hearing who has the same qualifications, as specified in paragraph (a), (b), (c), (d) or (e) of subsection 1 of section 5 of this act as the member who has the conflict of interest. If the chairman is the member with the conflict of interest, another member of the appeals panel shall appoint the substitute.
2. A conflict of interest may be waived if, after full written disclosure of the facts raising such a conflict, all parties to the appeal agree in writing to the hearing of the appeal by the member. Such waiver must be filed with the chairman of the appeals panel before the hearing. If the chairman is the member with the conflict of interest, the waiver must be filed with the commissioner.
3. The member of the appeals panel who represents the advisory organization shall be deemed not to have a conflict of interest with respect to the advisory organization if it is a party to a hearing.
κ1999 Statutes of Nevada, Page 3380 (CHAPTER 620, SB 417)κ
Sec. 15. 1. Within 30 days after each hearing, the chairman or a member of the appeals panel designated by the chairman shall prepare and deliver personally or by mail to each party to the hearing and to the commissioner a written memorandum stating:
(a) The reasons for the decision of the appeals panel concerning those parties; and
(b) The rights of any party to the hearing to appeal pursuant to section 16 of this act and a brief description of the procedure for making such an appeal.
The votes of each member of the appeals panel must not be recorded on this memorandum.
2. Each month, copies of all decisions made by the appeals panel during the prior month must be delivered personally or by mail to the advisory organization.
Sec. 16. 1. A party to the hearing who wishes to appeal a decision of the appeals panel must do so pursuant to the provisions of NRS 679B.310. Such a hearing must be conducted by the commissioner pursuant to the provisions of NRS 679B.310 to 679B.370, inclusive, and the regulations adopted pursuant thereto.
2. The commissioner shall not hold a hearing on the request of an employer concerning the establishment of the employers modification of premium based on experience, the classification of risk assigned for the employers business, or application of the insurers supplementary rate information to the employer unless the employer has:
(a) Filed a written grievance with the appeals panel pursuant to section 10 of this act; and
(b) Received a written decision from the appeals panel.
Sec. 17. The commissioner may adopt regulations to carry out the provisions of sections 5 to 17, inclusive, of this act.
Sec. 18. NRS 616C.315 is hereby amended to read as follows:
616C.315 1. Any person who is subject to the jurisdiction of the hearing officers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may request a hearing before a hearing officer of any matter within the hearing officers authority. The insurer shall provide, without cost, the forms necessary to request a hearing to any person who requests them.
2. Except as otherwise provided in NRS 616C.305, and sections 10, 11 and 16 of this act, a person who is aggrieved by:
(a) A written determination of an insurer; or
(b) The failure of an insurer to respond within 30 days to a written request mailed to the insurer by the person who is aggrieved,
may appeal from the determination or failure to respond by filing a request for a hearing before a hearing officer. Such a request must be filed within 70 days after the date on which the notice of the insurers determination was mailed by the insurer or the unanswered written request was mailed to the insurer, as applicable. The failure of an insurer to respond to a written request for a determination within 30 days after receipt of such a request shall be deemed by the hearing officer to be a denial of the request.
κ1999 Statutes of Nevada, Page 3381 (CHAPTER 620, SB 417)κ
3. Failure to file a request for a hearing within the period specified in subsection 2 may be excused if the person aggrieved shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to request a hearing. The claimant or employer shall notify the insurer of a change of address.
4. The hearing before the hearing officer must be conducted as expeditiously and informally as is practicable.
5. The parties to a contested claim may, if the claimant is represented by legal counsel, agree to forego a hearing before a hearing officer and submit the contested claim directly to an appeals officer.
Sec. 19. (Deleted by amendment.)
Sec. 20. NRS 679B.370 is hereby amended to read as follows:
679B.370 1. Except as to matters arising under chapter 686B of NRS [(rates and rating organizations),] other than those grievances of employers that must be appealed to the appeals panel for industrial insurance, an appeal from the commissioner must be taken only from an order on hearing, or as to a matter on which the commissioner has refused or failed to hold a hearing after application therefor under NRS 679B.310, or as to a matter concerning which the commissioner has refused or failed to make his order on hearing as required by NRS 679B.360.
2. Any person who was a party to a hearing or whose pecuniary interests are directly and immediately affected by any such refusal or failure, and who is aggrieved by the order, refusal or failure, may petition for judicial review in the manner provided by chapter 233B of NRS.
Sec. 20.2. Chapter 686B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The advisory organization shall, at least 60 days before imposing an assessment pursuant to this section, file with the commissioner a formula for an assessment on all insurers, which results in an equitable distribution among all insurers, of:
(a) The costs of paying the expenses of the members of the appeals panel for industrial insurance pursuant to the provisions of section 9 of this act; and
(b) Any costs incurred by the advisory organization to administer the appeals panel for industrial insurance pursuant to the provisions of sections 5 to 17, inclusive, of this act.
2. The formula for the assessment filed pursuant to subsection 1 shall be deemed approved unless it is disapproved by the commissioner within 60 days after it is filed.
Sec. 20.4. NRS 686B.1751 is hereby amended to read as follows:
686B.1751 As used in NRS 686B.1751 to 686B.1799, inclusive, and section 20.2 of this act, unless the context otherwise requires, the words and terms defined in NRS 686B.1752 to 686B.1762, inclusive, have the meanings ascribed to them in those sections.
Sec. 21. NRS 686B.1785 is hereby amended to read as follows:
686B.1785 Any person aggrieved by any decision, action or omission of the advisory organization or an insurer regarding rates or other information filed with the commissioner may request in writing that the organization or insurer reconsider the decision, action or omission. [If] Except as otherwise provided in sections 10, 11 and 16 of this act, if the request for reconsideration is rejected or is not acted upon within 30 days by the organization or insurer, the person requesting reconsideration may, within 30 days thereafter, appeal from the decision, action or omission to the commissioner by filing a written complaint and request for a hearing specifying the grounds relied upon.
κ1999 Statutes of Nevada, Page 3382 (CHAPTER 620, SB 417)κ
provided in sections 10, 11 and 16 of this act, if the request for reconsideration is rejected or is not acted upon within 30 days by the organization or insurer, the person requesting reconsideration may, within 30 days thereafter, appeal from the decision, action or omission to the commissioner by filing a written complaint and request for a hearing specifying the grounds relied upon.
Sec. 22. As soon as practicable after the effective date of this act, the governor, in consultation with the commissioner of insurance shall appoint:
1. One of the members described in paragraph (c) of subsection 1 of section 5 of this act and one of the members described in paragraph (d) of subsection 1 of section 5 of this act to terms that expire on June 30, 2000.
2. One of the members described in paragraph (c) of subsection 1 of section 5 of this act and one of the members described in paragraph (d) of subsection 1 of section 5 of this act and the members described in paragraphs (a), (b) and (e) of subsection 1 of section 5 of this act to terms that expire on June 30, 2001.
Sec. 23. 1. This section and sections 1 to 18, inclusive, 20 and 22 of this act become effective upon passage and approval and expire by limitation on July 1, 2001.
2. Sections 20.2, 20.4 and 21 of this act become effective at 12:01 a.m. on July 1, 1999, and expire by limitation on July 1, 2001.
________
Senate Bill No. 466Committee on Finance
CHAPTER 621
AN ACT relating to education; revising provisions governing the council to establish academic standards for public schools; requiring the administration and reporting of examinations related to the standards established by the council; requiring the department of education to administer the high school proficiency examination in mathematics for certain pupils who failed the examination; requiring the department of education to establish a task force to conduct a study of the high school proficiency examination in mathematics; revising other provisions relating to education; making appropriations; and providing other matters properly relating thereto.
[Approved June 11, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. NRS 385.110 is hereby amended to read as follows:
385.110 1. Except as otherwise provided in subsections 2 and 3, the state board shall prescribe and cause to be enforced the courses of study for the public schools of this state. The courses of study prescribed and enforced by the state board must comply with the standards of content and performance established by the council to establish academic standards for public schools pursuant to section 8 of this act.
2. For those courses of study prescribed by the state board:
(a) High schools may have modified courses of study, subject to the approval of the state board; and
κ1999 Statutes of Nevada, Page 3383 (CHAPTER 621, SB 466)κ
(b) Any high school offering courses normally accredited as being beyond the level of the 12th grade shall, before offering such courses, have them approved by the state board.
3. A charter school is not required to offer the courses of study prescribed by the state board except for those courses of study which are required for promotion to the next grade or graduation from high school.
Sec. 2. NRS 385.150 is hereby amended to read as follows:
385.150 1. The state board shall appoint the superintendent of public instruction [shall be appointed by the state board of education] for a term of 3 years. The state board may remove the superintendent of public instruction from office for inefficiency, neglect of duty, malfeasance in office or for other just cause.
2. A vacancy must be filled by the state board [shall fill any vacancy] for the remainder of the unexpired term.
[2.] 3. The superintendent of public instruction is in the unclassified service of the state.
Sec. 3. NRS 385.230 is hereby amended to read as follows:
385.230 1. The superintendent of public instruction shall report to the governor biennially, on or before December 1, in the year immediately preceding a regular session of the legislature [.] concerning matters relating to education in this state.
2. The superintendent of public instruction shall report to the legislature during each regular session of the legislature concerning matters relating to education in this state.
Sec. 4. NRS 386.550 is hereby amended to read as follows:
386.550 A charter school shall:
1. Comply with all laws and regulations relating to discrimination and civil rights.
2. Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.
3. Refrain from charging tuition or fees, levying taxes or issuing bonds.
4. Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.
5. Comply with the provisions of chapter 241 of NRS.
6. Schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located.
7. Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 and the examinations required pursuant to section 11 of this act to the pupils who are enrolled in the charter school.
8. Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.
9. Provide at least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.
κ1999 Statutes of Nevada, Page 3384 (CHAPTER 621, SB 466)κ
charter school to take, other courses of study that are required by statute or regulation.
10. Provide instruction on acquired immune deficiency syndrome and the human reproductive system, related to communicable diseases and sexual responsibility in accordance with NRS 389.065.
11. Adhere to the same transportation policy that is in effect in the school district in which the charter school is located.
Sec. 5. Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 13, inclusive, of this act.
Sec. 6. As used in sections 6 to 13, inclusive, of this act, council means the council to establish academic standards for public schools.
Sec. 7. 1. The council to establish academic standards for public schools, consisting of eight members, is hereby created. The membership of the council consists of:
(a) Four members appointed by the governor in accordance with subsection 2;
(b) Two members appointed by the majority leader of the senate in accordance with subsection 3; and
(c) Two members appointed by the speaker of the assembly in accordance with subsection 3.
2. The governor shall ensure that:
(a) Two of the members whom he appoints to the council are parents or legal guardians of pupils who attend public schools. These members must not otherwise be affiliated with the public school system of this state.
(b) Two of the members whom he appoints to the council are licensed educational personnel.
(c) Insofar as practicable, the members whom he appoints to the council reflect the ethnic and geographical diversity of this state.
3. The majority leader of the senate and the speaker of the assembly shall each ensure that:
(a) One of the members whom he appoints to the council is a member of the house of the legislature to which he belongs.
(b) The other member whom he appoints to the council is a representative of a private business or industry that may be affected by actions taken by the council.
4. Each member of the council must be a resident of this state.
5. After the initial terms, the term of each member of the council is 4 years. The person who appoints a member to the council may remove that member if the member neglects his duty or commits malfeasance in office, or for other just cause. A vacancy in the membership of the council must be filled for the remainder of the unexpired term in the same manner as the original appointment.
6. The governor shall select a chairman from among the membership of the council in accordance with this subsection. The governor shall not select as chairman a member of the council who is affiliated with the public school system in this state, except that this subsection does not preclude the governor from selecting a parent or legal guardian of a pupil as chairman if the parent or legal guardian is not otherwise affiliated with the public school system in this state.
κ1999 Statutes of Nevada, Page 3385 (CHAPTER 621, SB 466)κ
the public school system in this state. Once selected by the governor, the chairman holds that office for 2 years.
7. For each day or portion of a day during which a member of the council who is a legislator attends a meeting of the council or is otherwise engaged in the work of the council, except during a regular or special session of the legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the legislative members of the council must be paid from the legislative fund.
8. Members of the council who are not legislators serve without salary, but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 8. 1. The council shall:
(a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection 2, 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;
(2) Mathematics;
(3) Science;
(4) Social studies, which includes only the subjects of history, geography, economics and government;
(5) The arts;
(6) Computer education and technology;
(7) Health; and
(8) Physical education.
(b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to section 13 of this act of the results of pupils on the examinations administered pursuant to section 11 of this act.
(c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.
2. The council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English and mathematics. The council shall establish standards of content and performance for the grade levels selected by the council for the other courses of study prescribed in subsection 1.
3. The state board shall adopt the standards of content and performance established by the council.
4. The council shall work in cooperation with the state board to prescribe the examinations required by section 11 of this act.
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Sec. 9. 1. The department shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
as is necessary for the council to carry out its duties.
2. The council may request assistance from any agency of this state if the assistance is necessary for the council to carry out its duties.
Sec. 10. The board of trustees of each school district shall conduct a periodic review of the courses of study offered in the public schools of the school district to determine whether the courses of study comply with the standards of content and performance established by the council pursuant to section 8 of this act and if revision of the courses of study is necessary to ensure compliance.
Sec. 11. 1. The state board shall, in consultation with the council, prescribe examinations that measure the achievement and proficiency of pupils in selected grades in the standards of content established by the council that are in addition to the examinations administered pursuant to NRS 389.015. The state board shall, based upon the recommendations of the council, select the grade levels of pupils that are required to take the examinations and the standards that the examinations must measure.
2. The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the state board. The examinations must be:
(a) Administered to pupils in each school district and each charter school at the same time, as prescribed by the state board.
(b) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.
Sec. 12. 1. The state board shall adopt regulations that require the board of trustees of each school district and the governing body of each charter school to submit to the superintendent of public instruction, the department and the council, in the form and manner prescribed by the superintendent, the results of the examinations administered pursuant to this section. The state board shall not include in the regulations any provision that would violate the confidentiality of the test scores of an individual pupil.
2. The results of the examinations must be reported for each school, including, without limitation, each charter school, school district and this state, as follows:
(a) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations under regular testing conditions; and
(b) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.
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3. The department shall adopt regulations prescribing the requirements for reporting the results of pupils who:
(a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;
(b) Are enrolled in special schools for children with disabilities;
(c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school; or
(d) Are detained in a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.
The results reported pursuant to this subsection must not be included in the percentage of pupils reported pursuant to subsection 2.
4. Not later than 10 days after the department receives the results of the examinations, the department shall transmit a copy of the results to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.
5. On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was administered;
(c) The costs incurred by the school district or charter school in administering each examination; and
(d) The purpose, if any, for which the results of the examination are used by the school district or charter school.
On or before December 1 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.
6. The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations, except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:
(a) His primary language is not English and his proficiency in the English language is below the level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board pursuant to subsection 8; or
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(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.
7. In addition to the information required by subsection 5, the superintendent of public instruction shall:
(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and
(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.
8. The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.
Sec. 13. 1. The council shall review the results of pupils on the examinations administered pursuant to section 11 of this act, including, without limitation, for each school in a school district and each charter school that is located within a school district, a review of the results for the current school year and a comparison of the progress, if any, made by the pupils enrolled in the school from preceding school years.
2. After the completion of the review pursuant to subsection 1, the council shall evaluate:
(a) Whether the standards of content and performance established by the council require revision; and
(b) The success of pupils, as measured by the results of the examinations, in achieving the standards of performance established by the council.
3. The council shall report the results of the evaluation conducted pursuant to subsection 2 to the state board and the legislative committee on education.
Sec. 14. NRS 389.010 is hereby amended to read as follows:
389.010 Except as otherwise provided in NRS 389.170 and 389.180, boards of trustees of school districts in this state shall enforce in schools [the courses] :
1. The standards of content and performance established by the council to establish academic standards for public schools and the courses of study related to those standards; and
2. The courses of study prescribed and adopted by the state board.
Sec. 15. NRS 390.005 is hereby amended to read as follows:
390.005 As used in this chapter, unless the context requires otherwise:
1. Basic textbook or textbook means any medium or manual of instruction , including, without limitation, software for computers, containing a presentation of the principles of a subject and used as a basis of instruction.
2. Supplemental textbook means any medium or material , including, without limitation, software for computers, used to reinforce or extend a basic program of instruction.
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3. A basic or supplemental textbook becomes unserviceable when 4 years have elapsed since its removal from the adopted list.
Sec. 16. NRS 390.140 is hereby amended to read as follows:
390.140 1. The state board shall make the final selection of all textbooks to be used in the public schools in this state, except for charter schools. If a textbook proposed for selection is in a subject area for which standards of content have been established by the council to establish academic standards for public schools pursuant to section 8 of this act, the state board shall not select the textbook unless the state board determines that the textbook adequately supports the standards for that subject area.
2. A textbook must not be selected by the state board pursuant to subsection 1 for use in the public schools in classes in literature, history or social sciences unless it accurately portrays the cultural and racial diversity of our society, including lessons on the contributions made to our society by men and women from various racial and ethnic backgrounds.
Sec. 17. NRS 391.038 is hereby amended to read as follows:
391.038 1. The state board, in consultation with educational institutions in this state which offer courses of study and training for the education of teachers , the board of trustees of each school district in this state and other educational personnel, shall review and evaluate a course of study and training offered by an educational institution which is designed to provide the education required for:
(a) The licensure of teachers or other educational personnel;
(b) The renewal of licenses of teachers or other educational personnel; or
(c) An endorsement in a field of specialization.
If the course of study and training meets the requirements established by the state board, it must be approved by the state board. The state board shall not approve a course of study or training unless the course of study and training provides instruction, to the extent deemed necessary by the state board, in the standards of content and performance prescribed by the council to establish academic standards for public schools pursuant to section 8 of this act.
2. The state board may review and evaluate such courses of study and training itself or may recognize a course of study and training approved by a national agency for accreditation acceptable to the board.
3. The state board shall adopt regulations establishing fees for the review by the board of a course of study and training submitted to the board by an educational institution.
4. The state board, in consultation with educational institutions in this state which offer courses of study and training for the education of teachers and other educational personnel, and the Nevada Association of Colleges for Teacher Education and the Nevada Association of Teacher Educators, shall adopt regulations governing the approval by the state board of courses of study and training which are accredited by the National Council [of] for Accreditation of Teacher Education, and those which are not so accredited.
5. If the state board denies or withdraws its approval of a course of study or training, the educational institution is entitled to a hearing and judicial review of the decision of the state board.
κ1999 Statutes of Nevada, Page 3390 (CHAPTER 621, SB 466)κ
Sec. 18. 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] , 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)] (a) English, including reading, composition and writing.
[(2)] (b) Mathematics.
[(3)] (c) Science.
[(b) On or before September 1, 1999, 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.
(3) Health and physical education.
(4) The arts.]
2. The council shall submit written recommendations to the state board of education [:
(a) On] , 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, 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. 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.
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(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 [:
(a) On] , 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, 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] , 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] , as soon as practicable, but not later than April 1, 1999:
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[(1)] (a) 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)] (b) 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.
(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.]
Sec. 19. Section 64 of chapter 473, Statutes of Nevada 1997, at page 1788, is hereby amended to read as follows:
Sec. 64. 1. This section and section 63 of this act become effective upon passage and approval.
2. Section 27 of this act becomes effective upon passage and approval for purposes of appointing members to the commission on educational technology, created pursuant to section 27 of this act, and on July 1, 1997, for all other purposes.
3. Section 37 of this act becomes effective upon passage and approval for purposes of appointing members to the legislative committee on education, created pursuant to section 37 of this act, and on July 1, 1997, for all other purposes.
4. Section 43 of this act becomes effective upon passage and approval for purposes of appointing members to the council to establish academic standards for public schools, created pursuant to section 43 of this act, and on July 1, 1997, for all other purposes, and expires by limitation on June 30, [2001.] 1999.
5. Sections 20 to 26, inclusive, 28 to 36, inclusive, 38 to 42, inclusive, and 46 to 62, inclusive, of this act become effective on July 1, 1997.
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6. Sections 44 and 45 of this act become effective on July 1, 1997, and expire by limitation on June 30, 2003.
7. Sections 1 to 19, inclusive, of this act become effective on January 1, 1998.
Sec. 20. Section 2 of Senate Bill No. 49 of this session is hereby repealed.
Sec. 21. 1. The term of the president of the state board of education or his designee on the council to establish academic standards for public schools created pursuant to section 43 of chapter 473, Statutes of Nevada 1997, at page 1779, who is incumbent on June 30, 1999, expires on that date.
2. The terms of all members appointed to the council to establish academic standards for public schools created pursuant to section 43 of chapter 473, Statutes of Nevada 1997, at page 1779, who are incumbent on June 30, 1999, expire on that date.
3. Not later than July 1, 1999, appointments to the council to establish academic standards for public schools pursuant to section 7 of this act must be made as follows:
(a) Two members appointed by the governor must be appointed to terms expiring on June 30, 2001.
(b) One member appointed by the majority leader of the senate and one member appointed by the speaker of the assembly must be appointed to terms expiring on June 30, 2002.
(c) One member appointed by the majority leader of the senate, one member appointed by the speaker of the assembly and two members appointed by the governor must be appointed to terms expiring on June 30, 2003.
These appointments may include former members whose terms expired pursuant to subsection 2.
Sec. 22. 1. On or before January 15, 2000, the council to establish academic standards for public schools created pursuant to section 7 of this act shall establish 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:
(a) Social studies, which includes only the subjects of history, geography, economics and government.
(b) Computer education and technology.
(c) Health and physical education.
(d) The arts.
2. On or before January 15, 2000, the council shall submit written recommendations to the state board of education on the type of examinations of achievement and proficiency in social studies to be administered statewide that may be used to measure the achievement and proficiency 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.
3. In developing the standards and examinations pursuant to section 8 of this act, the council shall:
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(a) Hold at least eight meetings. The meetings must be held in at least four different counties during the period commencing July 1, 1999, and expiring 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 standards established by the council for:
(a) English, including reading, composition and writing;
(b) Mathematics; and
(c) Science,
must take effect in the public schools in this state commencing in the 1999-2000 school year.
5. The standards established by the council for:
(a) Social studies, which includes only the subjects of history, geography, economics and government;
(b) Computer education and technology;
(c) Health and physical education; and
(d) The arts,
must take effect in the public schools in this state commencing in the 2000-2001 school year.
6. The council shall, as soon as practicable, but not later than April 1, 2001:
(a) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards established by the council.
(b) 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.
7. The council shall, on or before June 30, 2001, report to the legislative committee on education, regarding the standards and examinations established by the council and adopted by the state board of education.
Sec. 23. On or before February 28, 2000, the state board of education shall adopt the standards of content and performance established by the council to establish academic standards for public schools created pursuant to section 7 of this act for the following courses of study:
1. Social studies, which includes only the subjects of history, geography, economics and government.
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2. Computer education and technology.
3. Health and physical education.
4. The arts.
The standards of content and performance must take effect commencing in the 2000-2001 school year.
Sec. 24. 1. On or before December 1, 2000, the state board of education shall, pursuant to the recommendations of the council to establish academic standards for public schools, develop or purchase examinations that measure the achievement and proficiency of pupils in grades 3 and 5 on the standards of content and performance established by the council for English and mathematics. The examinations must be scored by a single private entity or the department of education.
2. The examinations must be administered to all pupils who are required to take the examinations commencing in the spring semester of 2001. In the first year that the examinations are administered, the results of the examinations must be used solely to gather information and data concerning the examinations.
Sec. 25. 1. On or before December 1, 2001, the state board of education shall, pursuant to the recommendations of the council to establish academic standards for public schools, develop or purchase examinations that measure the achievement and proficiency of pupils in grades 3 and 5 on the standards of content and performance established by the council for science and social studies. The examinations must be scored by a single private entity or the department of education.
2. The examinations must be administered to all pupils who are required to take the examinations commencing in the spring semester of 2002. In the first year that the examinations are administered, the results of the examinations must be used solely to gather information and data concerning the examinations.
Sec. 26. Commencing in the 2001-2002 school year, the high school proficiency examination that, pursuant to NRS 389.015, pupils must pass to receive a standard high school diploma must measure the performance of pupils on the standards of content and performance in English, mathematics and science established by the council to establish academic standards for public schools created pursuant to section 7 of this act and adopted by the state board of education. The high school proficiency examination that measures the performance of pupils on those standards must first be administered to pupils enrolled in grade 11 in the 2001-2002 school year, who must pass the examination before the completion of grade 12 to graduate with a standard high school diploma in the 2002-2003 school year. Pupils who graduate from high school in the 2001-2002 school year are not required to pass the examination that measures the performance of pupils on the standards established by the council to establish academic standards for public schools and adopted by the state board of education, but must pass the examination that is administered to pupils in the immediately preceding school year.
Sec. 27. As used in sections 27 to 37, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 28, 29 and 30 of this act have the meanings ascribed to them in those sections.
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Sec. 28. Eligible pupil means a pupil who was classified as a senior in high school during the 1998-1999 school year and who fulfilled the requirements for a standard high school diploma except that the pupil did not receive a passing score on the high school proficiency examination in mathematics.
Sec. 29. High school proficiency examination means the examination that is first administered to pupils before the completion of grade 11 pursuant to NRS 389.015, which pupils must pass to receive a standard high school diploma.
Sec. 30. Passing score means the scaled score of 61 set by the state board of education pursuant to paragraph (a) of subsection 2 of section 6 of chapter 568, Statutes of Nevada 1997, at page 2772, for pupils to receive a standard high school diploma in June 1999.
Sec. 31. 1. If a school district contains a public school in which an eligible pupil was enrolled in the 1998-1999 school year, the school district shall, during the summer months of 1999, provide remedial instruction in mathematics.
2. The remedial instruction in mathematics required by subsection 1 must:
(a) Include an intensive program of instruction or tutoring in the basic skills and principles of mathematics and in solving mathematical problems that a pupil may have missed or been unable to master in the coursework he completed in high school; and
(b) Provide instruction in mathematics at least at the level of proficiency required for a pupil to receive a passing score on the high school proficiency examination in mathematics.
3. A school district may approve additional programs of remedial instruction or tutoring in mathematics offered by other organizations if the programs meet the criteria set forth in subsection 2.
Sec. 32. In addition to the administration of the high school proficiency examination scheduled in June 1999, the department of education shall administer and score two additional high school proficiency examinations in mathematics. One of the additional examinations must be administered in July 1999, and the other additional examination must be administered in August 1999. Only eligible pupils who participated in remedial instruction pursuant to section 31 of this act may take the additional examinations in July and August.
Sec. 33. 1. An eligible pupil may participate in the graduation ceremony of his high school in 1999 and receive a certificate of attendance.
2. If an eligible pupil receives a passing score on the high school proficiency examination that is regularly scheduled for June 1999, a standard high school diploma must be awarded to the pupil to replace the certificate of attendance.
3. If an eligible pupil participates in remedial instruction pursuant to section 31 of this act, and subsequently receives a passing score on the high school proficiency examination administered in July or August of 1999, a standard high school diploma must be awarded to the pupil to replace the certificate of attendance.
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4. If an eligible pupil does not:
(a) Receive a passing score on the high school proficiency examination in June 1999; and
(b) Participate in remedial instruction pursuant to section 31 of this act and receive a passing score on one of the additional examinations administered,
the pupil is not eligible to receive a standard high school diploma to replace his certificate of attendance pursuant to sections 27 to 37, inclusive, of this act.
Sec. 34. The provisions of sections 27 to 37, inclusive, of this act do not preclude an eligible pupil from pursuing an adult high school diploma or from continuing to retake the high school proficiency examination in mathematics as a pupil enrolled in the adult high school diploma program.
Sec. 35. Each school district shall:
1. Review the coursework in mathematics taken by each pupil enrolled in grade 11 who failed the high school proficiency examination in mathematics in the 1998-1999 school year; and
2. Provide guidance to each pupil in the coursework and remedial instruction necessary to assist the pupil in passing the high school proficiency examination during the 1999-2000 school year.
Sec. 36. 1. The department of education shall establish a task force, consisting of ten members, to conduct a study of the high school proficiency examination in mathematics.
2. The superintendent of public instruction shall appoint the following members to the task force:
(a) One director of testing of a school district;
(b) One teacher of mathematics in a public high school;
(c) One director of mathematics curriculum of a school district;
(d) One parent of a pupil enrolled in a public high school in this state;
(e) One representative of a private business or industry;
(f) One member of the council to establish academic standards for public schools; and
(g) One member of the board of trustees of a school district.
3. The majority leader of the senate shall appoint one senator to the task force.
4. The speaker of the assembly shall appoint one assemblyman to the task force.
5. The board of regents of the University of Nevada shall appoint one representative of the University and Community College System of Nevada to the task force.
6. The task force shall elect a chairman from among its members.
7. The department of education shall provide:
(a) Administrative support to the task force; and
(b) All information that is necessary for the task force to carry out its duties.
8. For each day or portion of a day during which a member of the task force who is a legislator attends a meeting of the task force or is otherwise engaged in the business of the task force, except during a regular or special session of the legislature, he is entitled to receive the:
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(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the legislative members of the task force must be paid from the legislative fund.
9. A member of the task force who is not a legislator is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which he attends a meeting of the task force or is otherwise engaged in the business of the task force.
Sec. 37. 1. The task force created pursuant to section 36 of this act shall:
(a) Compare the content of the high school proficiency examination in mathematics with the course of study and curriculum offered in the public schools in this state; and
(b) Review the current methods of reporting the results of the high school proficiency examination to school districts and to parents of pupils to determine whether alternative methods of reporting would improve the ability of school districts and parents to assist pupils in areas of deficiency.
2. Notwithstanding the provisions of NRS 389.017 to the contrary, the superintendent of public instruction shall disclose to the task force the questions and answers on all forms of the high school proficiency examination in mathematics to the extent the disclosure is necessary for the task force to carry out its duties. The disclosure must be made in a manner that does not violate the confidentiality of the examination.
3. The provisions of chapter 241 of NRS do not apply to a meeting or a portion of a meeting of the task force to the extent that it is necessary for the task force to maintain the confidentiality of the high school proficiency examination in mathematics.
4. The task force shall submit a report of its findings and any recommendations to the state board of education and the legislative committee on education on or before December 1, 1999.
Sec. 38. 1. There is hereby appropriated from the state general fund to the department of education the sum of $48,000 for the:
(a) Cost of preparing, printing, mailing and scoring the high school proficiency examination in mathematics for the two additional administrations of the examination required by section 32 of this act;
(b) Payment of the per diem allowances and travel expenses for the members of the task force to study the high school proficiency examination in mathematics pursuant to subsection 9 of section 36 of this act;
(c) Payroll costs of employees of the department of education for any overtime incurred for the administration of the two additional examinations required by section 32 of this act;
(d) Expenses for printing and postage for providing information on testing and practice tests to the school districts; and
κ1999 Statutes of Nevada, Page 3399 (CHAPTER 621, SB 466)κ
(e) Payment of consulting services for a test vendor who has experience in statewide testing and high school proficiency examinations to assist the task force.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 39. 1. There is hereby appropriated from the state general fund to the department of education the sum of $300,000 for allocation to the school districts to provide remedial instruction in mathematics pursuant to section 31 of this act.
2. To receive an allocation from the appropriation made by subsection 1, a school district must submit a written plan for providing remedial instruction in mathematics that meets the requirements of section 31 of this act. The written plan must include:
(a) The estimated number of pupils that will participate in the program of remedial instruction;
(b) The curriculum that will be taught;
(c) A detailed schedule of the coursework included in the remedial instruction;
(d) The sources from which the matching money that is required by this section will be obtained; and
(e) A budget for the program.
3. The superintendent of public instruction shall, in consultation with the budget division of the department of administration and the legislative bureau of educational accountability and program evaluation, review each written plan. A written plan must be approved by the superintendent of public instruction before an allocation from the appropriation is made.
4. Except as otherwise provided in this subsection, the superintendent of public instruction shall not make an allocation to a school district unless the school district matches the allocation equally with other money available to the school district. The superintendent of public instruction may reduce the amount of matching money that a school district is otherwise required to provide if the school district demonstrates that it is unable to provide that sum of money.
5. A school district that receives an allocation pursuant to this section shall use the money to pay the expenses of teachers and other personnel hired during the summer of 1999 to provide remedial instruction in mathematics and to pay for the purchase of related instructional materials.
6. A school district that receives an allocation pursuant to this section shall not use the money to replace the money the school district would otherwise spend for programs of remedial study.
7. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2000, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1999 Statutes of Nevada, Page 3400 (CHAPTER 621, SB 466)κ
Sec. 40. 1. There is hereby appropriated from the state general fund to the interim finance committee the sum of $300,000 to carry out a financial analysis model program in each school district that is designed to track educational expenditures to individual schools.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 41. 1. This section and sections 19, 20 and 21 and 27 to 40, inclusive, of this act become effective upon passage and approval.
2. Section 7 of this act becomes effective upon passage and approval for the purpose of appointing members to the council to establish academic standards for public schools and on July 1, 1999, for all other purposes.
3. Sections 1 to 6, inclusive, 8 to 18, inclusive, and 22 to 26, inclusive, of this act become effective on July 1, 1999.
________
Senate Bill No. 481Committee on Judiciary
CHAPTER 622
AN ACT relating to controlled substances; prohibiting a person from driving or operating a vehicle or vessel if the person has a detectable amount of certain prohibited substances in his blood or urine; making various other changes concerning controlled substances and impaired operation of vehicles and vessels; providing penalties; and providing other matters properly relating thereto.
[Approved June 11, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 50.265 to 50.345, inclusive, unless the context otherwise requires, prohibited substance has the meaning ascribed to it in section 20 of this act.
Sec. 2. NRS 50.315 is hereby amended to read as follows:
50.315 1. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That the affiant or declarant has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a persons breath to determine the amount by weight of alcohol in his breath;
(b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and
(c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.
κ1999 Statutes of Nevada, Page 3401 (CHAPTER 622, SB 481)κ
2. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing anothers breath to determine the amount of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant; and
(b) That the solution or gas has the chemical composition necessary for accurately calibrating it.
3. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing anothers breath to determine the amount of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committees regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
4. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The identity of the person from whom the affiant or declarant withdrew the sample;
(c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The identity of the person to whom the affiant or declarant delivered it.
5. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison , [or] organic solvent or another prohibited substance may be admitted in any criminal, civil or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
(c) The identity of the person to whom the affiant or declarant delivered it.
6. If, at or before the time of the trial, the defendant establishes that:
(a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and
κ1999 Statutes of Nevada, Page 3402 (CHAPTER 622, SB 481)κ
(b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,
the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.
7. During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.
8. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 3. NRS 50.320 is hereby amended to read as follows:
50.320 1. The affidavit or declaration of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison , [or] organic solvent [,] or another prohibited substance, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:
(a) The quantity of the purported controlled substance; or
(b) The amount of alcohol or the presence or absence of a controlled substance, chemical, poison , [or] organic solvent [,] or another prohibited substance, as the case may be,
is admissible in the manner provided in this section.
2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.
3. The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.
4. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 4. NRS 50.325 is hereby amended to read as follows:
50.325 1. If a person is charged with an offense [punishable pursuant to chapter 453, 484 or 488 of NRS or homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor, a controlled substance or a chemical, poison or organic solvent,] listed in subsection 4, and it is necessary to prove:
κ1999 Statutes of Nevada, Page 3403 (CHAPTER 622, SB 481)κ
(a) The existence of any alcohol;
(b) The quantity of a controlled substance; or
(c) The existence or identity of a controlled substance, chemical, poison , [or] organic solvent [,] or another prohibited substance,
the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the trial or preliminary hearing concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence.
2. If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:
(a) Made at least 10 days before the date set for the trial;
(b) Sent to the defendants counsel and to the defendant, by registered or certified mail by the prosecuting attorney; and
(c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.
3. The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.
4. The provisions of this section apply to any of the following offenses:
(a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.
(b) An offense punishable pursuant to chapter 453, 484 or 488 of NRS.
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420.
(d) Any other offense for which it is necessary to prove, as an element of the offense:
(1) The existence of any alcohol;
(2) The quantity of a controlled substance; or
(3) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance.
Sec. 5. NRS 62.020 is hereby amended to read as follows:
62.020 As used in this chapter, unless the context otherwise requires:
1. Except as otherwise provided in this subsection, child means a person who is:
(a) Less than 18 years of age; or
(b) Less than 21 years of age and subject to the jurisdiction of the juvenile court for an act of delinquency that was committed before the person reached 18 years of age.
The term does not include a person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62.040 or a person who is certified for criminal proceedings as an adult pursuant to NRS 62.080 or 62.081.
2. Court means the juvenile division of the district court.
3. Indian child has the meaning ascribed to it in 25 U.S.C. § 1903.
κ1999 Statutes of Nevada, Page 3404 (CHAPTER 622, SB 481)κ
4. Indian Child Welfare Act means the Indian Child Welfare Act of 1978 , [(] 25 U.S.C. §§ 1901 et seq. [).]
5. Judge means the judge of the juvenile division of the district court.
6. Juvenile court or juvenile division means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
7. Minor traffic offense means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within this state other than:
(a) A violation of chapter 484 or 706 of NRS that causes the death of a person;
(b) [Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in] A violation of NRS 484.379; or
(c) Any traffic offense declared to be a felony.
Sec. 6. NRS 62.227 is hereby amended to read as follows:
62.227 1. If a child who is less than 18 years of age is found by the juvenile court to have committed [the] an unlawful act [of driving under the influence of intoxicating liquor or a controlled substance] in violation of NRS 484.379 or 484.3795, the judge, or his authorized representative, shall, if the child possesses a drivers license, issue an order revoking the drivers license of that child for 90 days. If such an order is issued, the judge shall require the child to surrender to the court all drivers licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses and a copy of the order.
2. The judge shall require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement of the drivers license of the child.
3. If the child is found to have committed a subsequent unlawful act as set forth in subsection 1, the court shall order an additional period of revocation to apply consecutively with the previous order.
4. The judge may authorize the department to issue a restricted drivers license pursuant to NRS 483.490 to a child whose drivers license is revoked pursuant to this section.
Sec. 7. NRS 62.2275 is hereby amended to read as follows:
62.2275 1. If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed [the] :
(a) An unlawful act [of:
(a) Driving under the influence of intoxicating liquor or a controlled substance] in violation of NRS 484.379 or 484.3795;
(b) [Using,] The unlawful act of using, possessing, selling or distributing a controlled substance; or
(c) [Purchasing,] The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,
the judge, or his authorized representative, shall require the child to undergo an evaluation to determine if the child is an abuser of alcohol or other drugs.
2. The evaluation of a child pursuant to this section:
(a) Must be conducted by:
κ1999 Statutes of Nevada, Page 3405 (CHAPTER 622, SB 481)κ
(1) A counselor certified to make that classification by the bureau of alcohol and drug abuse;
(2) A physician certified to make that classification by the board of medical examiners; or
(3) A person who is approved to make that classification by the bureau of alcohol and drug abuse,
who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
(b) May be conducted at an evaluation center.
3. The judge shall:
(a) Order the child to undergo a program of treatment as recommended by the person who conducted the evaluation pursuant to subsection 2.
(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all [of] those charges:
(1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. A treatment facility is not liable for any damages to person or property caused by a child who [drives] :
(a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of [an] intoxicating liquor or a controlled substance ; or
(b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct,
after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.
κ1999 Statutes of Nevada, Page 3406 (CHAPTER 622, SB 481)κ
5. The provisions of this section do not prohibit a judge from:
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse. Such an evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
6. All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the drivers record of that child for 7 years after the date of the offense.
7. As used in this section:
(a) Bureau of alcohol and drug abuse means the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation.
(b) Evaluation center has the meaning ascribed to it in NRS 484.3793.
(c) Treatment facility has the meaning ascribed to it in NRS 484.3793.
Sec. 8. NRS 458.260 is hereby amended to read as follows:
458.260 1. Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:
(a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.
(b) Elements of an offense giving rise to a criminal penalty or civil sanction.
2. The provisions of subsection 1 do not apply to:
(a) [The provisions of NRS 483.460, 483.490, subsection 2 of NRS 483.560 and NRS 484.384;
(b) An] A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;
(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute [;] or regulation;
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance [;] or resulting from any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and
(d) Any offense or violation which is similar to an offense [set forth] or violation described in paragraph (a), (b) or (c) [that] and which is set forth in an ordinance or resolution of a county, city or town.
3. This section does not make intoxication an excuse or defense for any criminal act.
κ1999 Statutes of Nevada, Page 3407 (CHAPTER 622, SB 481)κ
Sec. 9. NRS 458.270 is hereby amended to read as follows:
458.270 1. Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that he is unable to exercise care for his own health or safety or the health or safety of others, must be placed under civil protective custody by a peace officer.
2. A peace officer may use upon such a person that kind and degree of force which would be lawful if he were effecting an arrest for a misdemeanor with a warrant.
3. If a licensed facility for the treatment of persons who abuse alcohol exists in the community where the person is found, he must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his own health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in either a licensed facility, jail or detention facility longer than 48 hours.
4. An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.
5. The placement of a person found under the influence of alcohol in civil protective custody must be:
(a) Recorded at the facility, jail or detention facility to which he is delivered; and
(b) Communicated at the earliest practical time to his family or next of kin if they can be located and to the division or to a local alcohol abuse authority designated by the division.
6. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
7. The provisions of this section do not apply to a person who is apprehended or arrested for:
(a) [An] A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;
(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute [;
(b)] or regulation;
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance [; and
(c)] or resulting from any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and
(d) Any offense or violation which is similar to an offense [set forth] or violation described in paragraph (a) [or (b) of this subsection that] , (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.
κ1999 Statutes of Nevada, Page 3408 (CHAPTER 622, SB 481)κ
Sec. 10. NRS 458.300 is hereby amended to read as follows:
458.300 Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment for the abuse of alcohol or drugs pursuant to NRS 453.580 before he is sentenced unless:
1. The crime is a crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS or the crime is an act which constitutes domestic violence as set forth in NRS 33.018;
2. The crime is that of trafficking of a controlled substance;
3. The crime is [that of driving under the influence of intoxicating liquor or while a habitual user or under the influence of a controlled substance or while incapable of safely driving because of the use of any chemical, poison or organic solvent as provided for in] a violation of NRS 484.379 [, or such driving which causes the death of or substantial bodily harm to another person as provided in NRS] or 484.3795;
4. The alcoholic or drug addict has a record of two or more convictions of a crime described in subsection 1 or 2, a similar crime in violation of the laws of another state, or of three or more convictions of any felony;
5. Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;
6. The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or
7. The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment not more than twice within the preceding 5 years.
Sec. 11. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:
Premises to which the public has access has the meaning ascribed to it in NRS 484.122.
Sec. 12. NRS 483.020 is hereby amended to read as follows:
483.020 As used in NRS 483.010 to 483.630, inclusive, unless the context otherwise requires, the words and terms defined in NRS 483.025 to 483.190, inclusive, and section 11 of this act have the meanings ascribed to them in those sections.
Sec. 13. NRS 483.080 is hereby amended to read as follows:
483.080 Highway [means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.] has the meaning ascribed to it in NRS 484.065.
Sec. 14. NRS 483.330 is hereby amended to read as follows:
483.330 1. The department may require every applicant for a drivers license, including a commercial drivers license issued pursuant to NRS 483.900 to 483.940, inclusive, to submit to an examination. The examination may include:
(a) A test of the applicants ability to understand official devices used to control traffic;
(b) A test of his knowledge of practices for safe driving and the traffic laws of this state;
κ1999 Statutes of Nevada, Page 3409 (CHAPTER 622, SB 481)κ
(c) Except as otherwise provided in subsection 2, a test of his eyesight; and
(d) Except as otherwise provided in subsection 3, an actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he is to be licensed.
The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to drive a motor vehicle safely upon the highways.
2. The department may provide by regulation for the acceptance of a report from an ophthalmologist, optician or optometrist in lieu of an eye test by a drivers license examiner.
3. If the department establishes a type or classification of drivers license to operate a motor vehicle of a type which is not normally available to examine an applicants ability to exercise ordinary and reasonable control of such a vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a:
(a) Past, present or prospective employer of the applicant; or
(b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,
in lieu of an actual demonstration.
4. The department may waive an examination pursuant to subsection 1 for a person applying for a Nevada drivers license who possesses a valid drivers license of the same type or class issued by another jurisdiction unless that person:
(a) Has not attained 25 years of age;
(b) Has had his license or privilege to drive a motor vehicle suspended, revoked or canceled or has been otherwise disqualified from driving during the immediately preceding 4 years;
(c) Has been convicted , [of the offense of driving a motor vehicle while under the influence of an intoxicating liquor, a controlled substance, a chemical poison or an organic solvent] during the immediately preceding 7 years, [or the] of a violation of NRS 484.379 or 484.3795 or a law [which] of any other jurisdiction that prohibits the same or similar conduct;
(d) Has restrictions to his drivers license which the department must reevaluate to ensure the safe driving of a motor vehicle by that person;
(e) Has had three or more convictions of moving traffic violations on his driving record during the immediately preceding 4 years; or
(f) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of Parts 1325 and 1327 of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.
Sec. 15. NRS 483.460 is hereby amended to read as follows:
483.460 1. Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
κ1999 Statutes of Nevada, Page 3410 (CHAPTER 622, SB 481)κ
(a) For a period of 3 years if the offense is:
(1) A violation of subsection 2 of NRS 484.377.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(3) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [.] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795.
The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required pursuant to the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and, except as otherwise provided in subsection 2 of NRS 483.490, the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.37937 or 484.3794, the department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:
(a) For 3 years, if it is his first such offense during the period of required use of the device.
(b) For 5 years, if it is his second such offense during the period of required use of the device.
κ1999 Statutes of Nevada, Page 3411 (CHAPTER 622, SB 481)κ
5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever is applicable.
6. [When] In addition to any other requirements set forth by specific statute, if the department is notified that a court has [:
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228,] ordered the revocation, suspension or delay in the issuance of a [childs license;
(b) Pursuant] license pursuant to chapter 62 of NRS, NRS 176.064 or 206.330, [ordered the suspension or delay in the issuance of a persons license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a childs license,] chapter 484 of NRS or any other provision of law, the department shall take such actions as are necessary to carry out the courts order.
7. As used in this section, device has the meaning ascribed to it in NRS 484.3941.
Sec. 16. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in this section, after a drivers license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and one-half of the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
2. A person who has been ordered to install a device in a motor vehicle which he owns or operates pursuant to NRS 484.3943:
(a) Shall install the device not later than 21 days after the date on which the order was issued; and
(b) May not receive a restricted license pursuant to this section until:
(1) After at least 180 days of the period during which he is not eligible for a license, if he was convicted of [a] :
(I) A violation of subsection 2 of NRS 484.377 [, a] ;
(II) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or [if he was convicted of a] resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(III) A third violation within 7 years of NRS 484.379;
(2) After at least 90 days of the period during which he is not eligible for a license, if he was convicted of a second violation within 7 years of NRS 484.379; or
κ1999 Statutes of Nevada, Page 3412 (CHAPTER 622, SB 481)κ
(3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a first violation within 7 years of NRS 484.379.
3. If the department has received a copy of an order requiring a person to install a device in a motor vehicle which he owns or operates pursuant to NRS 484.3943, the department shall not issue a restricted drivers license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.
4. After a drivers license has been revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both; and
(b) If applicable, to and from school.
5. After a drivers license has been suspended pursuant to NRS 483.443, the department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both;
(b) To receive regularly scheduled medical care for himself or a member of his immediate family; and
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
6. A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor [,] and , if [his] the license of the driver was suspended or revoked for [a] :
(a) A violation of NRS 484.379, 484.3795, or 484.384 [or a] ;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [, or the] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction [which] that prohibits the same or similar conduct [, he] as set forth in paragraph (a) or (b),
the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.
7. The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
8. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 17. NRS 483.560 is hereby amended to read as follows:
483.560 1. Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when his drivers license has been canceled, revoked or suspended is guilty of a misdemeanor.
κ1999 Statutes of Nevada, Page 3413 (CHAPTER 622, SB 481)κ
has access at a time when his drivers license has been canceled, revoked or suspended is guilty of a misdemeanor.
2. Except as otherwise provided in this subsection, if the license of the person was suspended, revoked or restricted because of [a] :
(a) A violation of NRS 484.379, 484.3795 or 484.384 [or a] ;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [, or the] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction [which] that prohibits the same or similar conduct [, he shall be:
(a) Punished] as set forth in paragraph (a) or (b),
the person shall be punished by imprisonment in jail for not less than 30 days nor more than 6 months [; or
(b) Sentenced to] or by serving a term of residential confinement for not less than 60 days [in residential confinement] nor more than 6 months, and shall be further punished by a fine of not less than $500 nor more than $1,000. A person who is punished [under] pursuant to this subsection may not be granted probation , and a sentence imposed for such a violation may not be suspended. A prosecutor may not dismiss a charge of such a violation in exchange for a plea of guilty, of guilty but mentally ill or of nolo contendere to a lesser charge or for any other reason, unless in his judgment the charge is not supported by probable cause or cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated his license.
3. A term of imprisonment imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours.
4. Jail sentences simultaneously imposed pursuant to this section and NRS 484.3792, 484.37937 or 484.3794 must run consecutively.
5. [The department upon receiving] If the department receives a record of the conviction or punishment of any person pursuant to this section upon a charge of driving a vehicle while his license was:
(a) Suspended, the department shall extend the period of the suspension for an additional like period.
(b) Revoked, the department shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(c) Restricted, the department shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(d) Suspended or canceled for an indefinite period, the department shall suspend his license for an additional 6 months for the first violation and an additional 1 year for each subsequent violation.
6. Suspensions and revocations imposed pursuant to this section must run consecutively.
κ1999 Statutes of Nevada, Page 3414 (CHAPTER 622, SB 481)κ
Sec. 18. NRS 483.908 is hereby amended to read as follows:
483.908 The department shall adopt regulations:
1. Providing for the issuance, expiration, renewal, suspension, revocation and reinstatement of commercial drivers licenses;
2. Providing the same exemptions allowed pursuant to federal regulations for farmers, fire fighters, military personnel or any other class of operators or vehicles for which exemptions are authorized by federal law or regulations;
3. Specifying the violations which constitute grounds for disqualification from driving a commercial motor vehicle and the penalties associated with each violation;
4. Setting forth a schedule of various alcohol concentrations and the penalties which must be imposed if those concentrations are detected in the breath, blood, urine or other bodily substances of a person who is driving, operating or is in actual physical control of a commercial motor vehicle; and
5. Necessary to enable it to carry out the provisions of NRS 483.900 to 483.940, inclusive.
The department shall not adopt regulations which are more restrictive than the federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. §§ 2701-2716.
Sec. 19. NRS 483.922 is hereby amended to read as follows:
483.922 1. Except as otherwise provided in NRS 484.383, a person who drives , operates or is in actual physical control of a commercial motor vehicle within this state shall be deemed to have given consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or breath or to detect the presence of a controlled substance [in his system.] , chemical, poison, organic solvent or another prohibited substance.
2. The tests must be administered pursuant to NRS 484.383 at the direction of a police officer who, after stopping or detaining [the driver of a commercial motor vehicle,] such a person, has reasonable grounds to believe that the [driver was driving] person was:
(a) Driving, operating or in actual physical control of a commercial motor vehicle while under the influence of intoxicating liquor or a controlled substance [.] ; or
(b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795.
3. As used in this section, prohibited substance has the meaning ascribed to it in section 20 of this act.
Sec. 20. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
Prohibited substance means any of the following substances if the person who uses the substance has not been issued a valid prescription to use the substance and the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 when it is used:
1. Amphetamine.
2. Cocaine or cocaine metabolite.
3. Heroin or heroin metabolite (morphine or 6-monoacetyl morphine).
4. Lysergic acid diethylamide.
κ1999 Statutes of Nevada, Page 3415 (CHAPTER 622, SB 481)κ
5. Marihuana or marihuana metabolite.
6. Methamphetamine.
7. Phencyclidine.
Sec. 21. NRS 484.013 is hereby amended to read as follows:
484.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.0135 to 484.217, inclusive, and section 20 of this act have the meanings ascribed to them in those sections.
Sec. 22. NRS 484.259 is hereby amended to read as follows:
484.259 [Unless specifically]
1. Except for the provisions of NRS 484.379 to 484.3947, inclusive, and any provisions made applicable [,] by specific statute, the provisions of this chapter [, except those relating to driving under the influence of controlled substances or intoxicating liquor as provided in NRS 484.379, 484.3795 and 484.384,] do not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway . [but apply to such persons and]
2. The provisions of this chapter apply to the persons, teams, motor vehicles and other equipment described in subsection 1 when traveling to or from such work.
Sec. 23. NRS 484.379 is hereby amended to read as follows:
484.379 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has 0.10 percent or more by weight of alcohol in his blood; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have 0.10 percent or more by weight of alcohol in his blood,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any person who [is an habitual user of or] :
(a) Is under the influence of [any] a controlled substance [, or is] ;
(b) Is under the combined influence of intoxicating liquor and a controlled substance [, or any person who inhales,] ; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle ,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.
3. It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
κ1999 Statutes of Nevada, Page 3416 (CHAPTER 622, SB 481)κ
|
Prohibited substance |
Urine Nanograms per milliliter |
Blood Nanograms per milliliter |
|
(a) Amphetamine |
500 |
100 |
|
(b) Cocaine |
150 |
50 |
|
(c) Cocaine metabolite |
150 |
50 |
|
(d) Heroin |
2,000 |
50 |
|
(e) Heroin metabolite: |
|
|
|
(1) Morphine |
2,000 |
50 |
|
(2) 6-monoacetyl morphine |
10 |
10 |
|
(f) Lysergic acid diethylamide |
25 |
10 |
|
(g) Marihuana |
10 |
2 |
|
(h) Marihuana metabolite |
15 |
5 |
|
(i) Methamphetamine |
500 |
100 |
|
(j) Phencyclidine |
25 |
10 |
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
Sec. 24. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. A person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 96 hours of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and
(3) Fine him not less than $200 nor more than $1,000.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:
(1) Shall sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.078, inclusive;
κ1999 Statutes of Nevada, Page 3417 (CHAPTER 622, SB 481)κ
(2) Shall fine him not less than $500 nor more than $1,000;
(3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and
(4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed pursuant to this section and NRS 483.560 or 485.330 must run consecutively.
κ1999 Statutes of Nevada, Page 3418 (CHAPTER 622, SB 481)κ
6. If the person who violated the provisions of NRS 484.379 possesses a drivers license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
8. As used in this section, unless the context otherwise requires, offense means [a] :
(a) A violation of NRS 484.379 or 484.3795 [or a] ;
(b) A homicide resulting from [the] driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [, or the] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct [.] as set forth in paragraph (a) or (b).
Sec. 25. NRS 484.37937 is hereby amended to read as follows:
484.37937 1. Except as otherwise provided in subsection 2, a person who is found guilty of a first violation of NRS 484.379 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation for at least 6 months. The court shall authorize such treatment if:
(a) The person is diagnosed as an alcoholic or abuser of drugs by a:
(1) Counselor or other person certified to make that diagnosis by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the cost of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
κ1999 Statutes of Nevada, Page 3419 (CHAPTER 622, SB 481)κ
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [;] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of [the] a law of any other jurisdiction [which] that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of [the] a law of any other jurisdiction [which] that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
κ1999 Statutes of Nevada, Page 3420 (CHAPTER 622, SB 481)κ
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 26. NRS 484.3794 is hereby amended to read as follows:
484.3794 1. Except as otherwise provided in subsection 2, a person who is found guilty of a second violation of NRS 484.379 within 7 years may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation for at least 1 year if:
(a) He is diagnosed as an alcoholic or abuser of drugs by a:
(1) Counselor or other person certified to make that diagnosis by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the costs of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [;] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of [the] a law of any other jurisdiction [which] that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of [the] a law of any other jurisdiction [which] that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court determines that an application for treatment should be granted, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
κ1999 Statutes of Nevada, Page 3421 (CHAPTER 622, SB 481)κ
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 27. NRS 484.37945 is hereby amended to read as follows:
484.37945 1. When a program of treatment is ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792, the court shall place the offender under the clinical supervision of a treatment facility for treatment for not less than 30 days nor more than 6 months, in accordance with the report submitted to the court pursuant to subsection 3, 4 or 5 of NRS 484.37943. The court may:
(a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or
(b) Release the offender for treatment in the community,
for the period of supervision ordered by the court.
2. The court shall:
(a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and
(b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all [of] those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.
κ1999 Statutes of Nevada, Page 3422 (CHAPTER 622, SB 481)κ
3. A treatment facility is not liable for any damages to person or property caused by a person who [drives] :
(a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance ; or
(b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct,
after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792.
Sec. 28. NRS 484.3795 is hereby amended to read as follows:
484.3795 1. A person who:
(a) Is under the influence of intoxicating liquor;
(b) Has 0.10 percent or more by weight of alcohol in his blood;
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have 0.10 percent or more by weight of alcohol in his blood;
(d) Is under the influence of a controlled substance [,] or is under the combined influence of intoxicating liquor and a controlled substance; [or]
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle [,] ; or
(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379,
and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
κ1999 Statutes of Nevada, Page 3423 (CHAPTER 622, SB 481)κ
than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
Sec. 29. NRS 484.3797 is hereby amended to read as follows:
484.3797 1. The judge or judges in each judicial district shall cause the preparation and maintenance of a list of the panels of persons who:
(a) Have been injured or had members of their families or close friends injured or killed by [persons] a person who was driving or in actual physical control of a vehicle while under the influence of [an] intoxicating liquor or a controlled substance [;] or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct; and
(b) Have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes.
The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.
2. Except as otherwise provided in this subsection, if a defendant pleads guilty or guilty but mentally ill to, or is found guilty of, any violation of NRS 484.379 or 484.3795, the court shall, in addition to imposing any other penalties provided by law, order the defendant to:
(a) Attend, at the defendants expense, a meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by [persons] a person who was driving or in actual physical control of a vehicle while under the influence of [an] intoxicating liquor or a controlled substance [,] or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct, in order to have the defendant understand the effect such a crime has on other persons; and
(b) Pay the fee, if any, established by the court pursuant to subsection 1.
The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendants residence.
3. A person ordered to attend a meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that he attended the meeting and remained for its entirety.
κ1999 Statutes of Nevada, Page 3424 (CHAPTER 622, SB 481)κ
Sec. 30. NRS 484.382 is hereby amended to read as follows:
484.382 1. Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath [for the purpose of determining] to determine the alcoholic content of his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was [driving] :
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [.] ; or
(b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795.
2. If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
Sec. 31. NRS 484.383 is hereby amended to read as follows:
484.383 1. Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance [for the purpose of determining] to determine the alcoholic content of his blood or breath or [the presence of] to determine whether a controlled substance [when] , chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was [driving] :
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [.] ; or
(b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795.
2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.
3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.
4. If the alcoholic content of the blood or breath of the person to be tested is in issue:
(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.
κ1999 Statutes of Nevada, Page 3425 (CHAPTER 622, SB 481)κ
(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.
(c) A police officer may direct the person to submit to a blood test [as set forth in subsection 7] if the officer has reasonable grounds to believe that the person:
(1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [;] or as a result of engaging in any other conduct prohibited by NRS 484.379 or 484.3795; or
(2) Has been convicted within the previous 7 years of:
(I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or
(II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from [driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.] conduct prohibited by a law set forth in sub-subparagraph (I).
5. If the presence of a controlled substance , chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.
6. Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.
7. If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was [driving] :
(a) Driving or in actual physical control of a [motor] vehicle while under the influence of intoxicating liquor or a controlled substance [,] ; or
(b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795,
the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance or another prohibited substance in his blood.
8. If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.
Sec. 32. NRS 484.385 is hereby amended to read as follows:
484.385 1. As agent for the department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has 0.10 percent or more by weight of alcohol in his blood or has a detectable amount of a [controlled] prohibited substance in his [system,] blood or urine, if that person is present, and shall seize his license or permit to drive.
κ1999 Statutes of Nevada, Page 3426 (CHAPTER 622, SB 481)κ
person who has 0.10 percent or more by weight of alcohol in his blood or has a detectable amount of a [controlled] prohibited substance in his [system,] blood or urine, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation and to have a temporary license, and shall issue him a temporary license on a form approved by the department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the persons license or permit to the department along with the written certificate required by subsection 2.
2. When a police officer has served an order of revocation of a drivers license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had 0.10 percent or more by weight of alcohol in his blood or had a detectable amount of a [controlled] prohibited substance in his [system,] blood or urine, the officer shall immediately prepare and transmit to the department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with 0.10 percent or more by weight of alcohol in his blood or with a detectable amount of a [controlled] prohibited substance in his [system,] blood or urine, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.
3. The department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the persons license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.
4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the persons last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.
[5. As used in this section, controlled substance means any of the following substances for which a valid prescription has not been issued to the consumer:
(a) Amphetamine;
(b) Benzoylecgonine;
(c) Cocaine;
(d) Heroin;
κ1999 Statutes of Nevada, Page 3427 (CHAPTER 622, SB 481)κ
(e) Lysergic acid diethylamide;
(f) Mecloqualone;
(g) Mescaline;
(h) Methamphetamine;
(i) Methaqualone;
(j) Monoacetylmorphine;
(k) Phencyclidine;
(l) N-ethylamphetamine;
(m) N, N-dimethylamphetamine;
(n) 2, 5-dimethoxyamphetamine;
(o) 3, 4-methylenedioxyamphetamine;
(p) 3, 4, 5-trimethoxyamphetamine;
(q) 4-bromo-2, 5-dimethoxyamphetamine;
(r) 4-methoxyamphetamine;
(s) 4-methyl-2, 5-dimethoxyamphetamine;
(t) 5-dimethoxy-alpha-methylphenethylamine; or
(u) 5-methoxy-3, 4-methylenedioxyamphetamine,
if the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 at the time the substance is consumed.]
Sec. 33. NRS 484.387 is hereby amended to read as follows:
484.387 1. At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The director or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. The department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.
2. The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had 0.10 percent or more by weight of alcohol in his blood or a detectable amount of a [controlled] prohibited substance in his [system.] blood or urine. Upon an affirmative finding on this issue, the department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.
3. If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.
4. If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.
κ1999 Statutes of Nevada, Page 3428 (CHAPTER 622, SB 481)κ
Sec. 34. NRS 484.3888 is hereby amended to read as follows:
484.3888 1. The committee on testing for intoxication may adopt regulations that require:
(a) The calibration of devices which are used to test a persons blood or urine to determine the amount of alcohol or the presence of a controlled substance or another prohibited substance in the persons blood or urine;
(b) The certification of persons who make those calibrations;
(c) The certification of persons who operate devices for testing a persons blood or urine to determine the amount of alcohol or presence of a controlled substance or another prohibited substance in the persons blood or urine; and
(d) The certification of persons who examine those operators.
2. The committee may adopt regulations that prescribe the essential procedures for the proper operation of the various types of devices used to test a persons blood or urine to determine the amount of alcohol or the presence of a controlled substance or another prohibited substance in the persons blood or urine.
Sec. 35. NRS 484.389 is hereby amended to read as follows:
484.389 1. If a person refuses to submit to a required chemical test provided for in NRS 484.382 or 484.383, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while [he was driving] the person was:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [.] ; or
(b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795.
2. Except as otherwise provided in subsection 3 of NRS 484.382, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484.382 to 484.393, inclusive.
3. If a person submits to a chemical test provided for in NRS 484.382 or 484.383, full information concerning that test must be made available, upon his request, to him or his attorney.
4. Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the committee on testing for intoxication.
Sec. 36. NRS 484.391 is hereby amended to read as follows:
484.391 1. A person who is arrested for driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [shall] or for engaging in any other conduct prohibited by NRS 484.379 or 484.3795 must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests [for the purpose of determining the] to determine:
(a) The alcoholic content of his blood ; or [the presence of]
(b) Whether a controlled substance , chemical, poison, organic solvent or another prohibited substance is present in his blood [.] or urine.
κ1999 Statutes of Nevada, Page 3429 (CHAPTER 622, SB 481)κ
2. The failure or inability to obtain such a test or tests by such a person [shall] does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.
Sec. 37. NRS 484.393 is hereby amended to read as follows:
484.393 1. The results of any blood test administered under the provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of [the] acts alleged to have been committed [while] by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 unless:
(a) The blood tested was withdrawn by a physician, physicians assistant, registered nurse, licensed practical nurse, emergency medical technician or a technician, technologist or assistant employed in a medical laboratory;
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma; and
(c) The person who withdrew the blood was authorized to do so by the appropriate medical licensing or certifying agency.
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.
Sec. 38. NRS 484.791 is hereby amended to read as follows:
484.791 1. Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:
(a) Homicide by vehicle;
(b) [Driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or with 0.10 percent or more by weight of alcohol in his blood;
(c) Driving or being in actual physical control of a vehicle while under the influence of any controlled substance, under the combined influence of intoxicating liquor and a controlled substance, or after ingesting, applying or otherwise using any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle;] A violation of NRS 484.379;
(c) A violation of NRS 484.3795;
(d) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries [, as prescribed] in violation of NRS 484.219 [and] or 484.223;
(e) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway [, as prescribed] in violation of NRS 484.221 [and] or 484.225;
κ1999 Statutes of Nevada, Page 3430 (CHAPTER 622, SB 481)κ
(f) Reckless driving;
(g) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his drivers license has been canceled, revoked or suspended; or
(h) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490.
2. Whenever any person is arrested as authorized in this section , he must be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) a peace officer has the same discretion as is provided in other cases in NRS 484.795.
Sec. 39. NRS 488.035 is hereby amended to read as follows:
488.035 As used in this chapter, unless the context otherwise requires:
1. Commission means the board of wildlife commissioners.
2. Flat wake means the condition of the water close astern a moving vessel that results in a flat wave disturbance.
3. Legal owner means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
4. Motorboat means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.
5. Operate means to navigate or otherwise use a motorboat or a vessel.
6. Owner means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he lends, rents or pledges the vessel; and
(b) A debtor under a security agreement relating to a vessel.
Owner does not include a person defined as a legal owner under subsection 3.
7. Prohibited substance has the meaning ascribed to it in section 20 of this act.
8. Registered owner means the person registered by the commission as the owner of a vessel.
[8.] 9. A vessel is under way if it is adrift, making way, or being propelled, and is not aground, made fast to the shore, or tied or made fast to a dock or mooring.
[9.] 10. Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
[10.] 11. Waters of this state means any waters within the territorial limits of this state.
Sec. 40. NRS 488.410 is hereby amended to read as follows:
488.410 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has 0.10 percent or more by weight of alcohol in his blood; or
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have 0.10 percent or more by weight of alcohol in his blood, to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
κ1999 Statutes of Nevada, Page 3431 (CHAPTER 622, SB 481)κ
to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
2. It is unlawful for any person who:
(a) Is under the influence of [any] a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,
to operate or [exercise] be in actual physical control of a vessel under power or sail on the waters of this state.
3. It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this state with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
|
Prohibited substance |
Urine Nanograms per milliliter |
Blood Nanograms per milliliter |
|
(a) Amphetamine |
500 |
100 |
|
(b) Cocaine |
150 |
50 |
|
(c) Cocaine metabolite |
150 |
50 |
|
(d) Heroin |
2,000 |
50 |
|
(e) Heroin metabolite: |
|
|
|
(1) Morphine |
2,000 |
50 |
|
(2) 6-monoacetyl morphine |
10 |
10 |
|
(f) Lysergic acid diethylamide |
25 |
10 |
|
(g) Marihuana |
10 |
2 |
|
(h) Marihuana metabolite |
15 |
5 |
|
(i) Methamphetamine |
500 |
100 |
|
(j) Phencyclidine |
25 |
10 |
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
Sec. 41. NRS 488.420 is hereby amended to read as follows:
488.420 1. A person who:
(a) Is under the influence of intoxicating liquor;
(b) Has 0.10 percent or more by weight of alcohol in his blood;
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have 0.10 percent or more by weight of alcohol in his blood;
κ1999 Statutes of Nevada, Page 3432 (CHAPTER 622, SB 481)κ
(d) Is under the influence of a controlled substance [,] or is under the combined influence of intoxicating liquor and a controlled substance; [or]
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail [,] ; or
(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,
and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If a person less than 15 years of age was in the vessel at the time of the defendants violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
Sec. 42. NRS 488.450 is hereby amended to read as follows:
488.450 1. Any person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to a preliminary test of his breath to determine the alcoholic content of his breath when the test is administered at the direction of a peace officer after a vessel accident or collision or where an officer stops a vessel, if the officer has reasonable grounds to believe that the person to be tested was [operating] :
(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance [.] ; or
κ1999 Statutes of Nevada, Page 3433 (CHAPTER 622, SB 481)κ
(b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.
2. If the person fails to submit to the test, the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
Sec. 43. NRS 488.460 is hereby amended to read as follows:
488.460 1. Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance [for the purpose of determining] to determine the alcoholic content of his blood or breath or [the presence of] to determine whether a controlled substance [when] , chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was [operating] :
(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance [.] ; or
(b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.
2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.
3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.
4. If the alcoholic content of the blood or breath of the person to be tested is in issue:
(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.
(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.
(c) A peace officer may direct the person to submit to a blood test [as set forth in subsection 7] if the officer has reasonable grounds to believe that the person:
(1) Caused death or substantial bodily harm to another person as a result of operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance [;] or as a result of engaging in any other conduct prohibited by NRS 488.410 or 488.420; or
(2) Has been convicted within the previous 7 years of:
κ1999 Statutes of Nevada, Page 3434 (CHAPTER 622, SB 481)κ
(I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or
(II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from [driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.] conduct prohibited by a law set forth in sub-subparagraph (I).
5. If the presence of a controlled substance , chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.
6. Except as otherwise provided in subsections 3 and 5, a peace officer shall not direct a person to submit to a urine test.
7. If a person to be tested fails to submit to a required test as directed by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was [operating] :
(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance [,] ; or
(b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420,
the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance or another prohibited substance in his blood.
Sec. 44. NRS 488.480 is hereby amended to read as follows:
488.480 1. If a person refuses to submit to a required chemical test provided for in NRS 488.450 or 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was [operating] :
(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance [.
2. A] ; or
(b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.
2. Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS [488.460.] 488.450 to 488.500, inclusive.
3. If a person submits to a chemical test provided for in NRS 488.450 or 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.
4. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified, calibrated, maintained and operated as provided by the regulations of the committee on testing for intoxication adopted pursuant to NRS 484.3882, 484.3884, 484.3886 or 484.3888.
κ1999 Statutes of Nevada, Page 3435 (CHAPTER 622, SB 481)κ
by the regulations of the committee on testing for intoxication adopted pursuant to NRS 484.3882, 484.3884, 484.3886 or 484.3888.
5. If the device for testing breath has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to subsection 1 of NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a persons breath to determine the percent by weight of alcohol in the persons breath.
6. A court shall take judicial notice of the certification by the director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a persons breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.
7. This section does not preclude the admission of evidence of a test of a persons breath where the:
(a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.
(b) Test has been performed by a person other than one who is certified by the director.
Sec. 45. NRS 488.490 is hereby amended to read as follows:
488.490 1. A person who is arrested for operating or [exercising] being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 488.410 or 488.420 must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test [for the purpose of determining the] to determine:
(a) The alcoholic content of his blood ; or [the presence of]
(b) Whether a controlled substance , chemical, poison, organic solvent or another prohibited substance is present in his blood [.] or urine.
2. The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460.
Sec. 46. NRS 488.500 is hereby amended to read as follows:
488.500 1. The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of [the] acts alleged to have been committed [while] by a person who was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 488.410 or 488.420 unless:
(a) The blood tested was withdrawn by a physician, registered nurse, licensed practical nurse, emergency medical technician or a technician, technologist or assistant employed in a medical laboratory;
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma; and
κ1999 Statutes of Nevada, Page 3436 (CHAPTER 622, SB 481)κ
(c) The person who withdrew the blood was authorized to do so by the appropriate licensing or certifying agency.
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.
Sec. 47. NRS 629.065 is hereby amended to read as follows:
629.065 1. Each provider of health care shall, upon request, make available to a law enforcement agent or district attorney the health care records of a patient which relate to a test of his blood, breath or urine if:
(a) The patient is suspected of [driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance in violation of] having violated NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and
(b) The records would aid in the related investigation.
To the extent possible, the provider of health care shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance , chemical, poison, organic solvent or another prohibited substance in the blood, breath or urine of the patient.
2. The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to [the] each law enforcement agent or district attorney described in subsection 1 who requests [it] the copy and pays the costs of reproducing the copy.
3. Records made available pursuant to this section may be presented as evidence during a related administrative or criminal proceeding against the patient.
4. A provider of health care [,] and his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
5. As used in this section, prohibited substance has the meaning ascribed to it in section 20 of this act.
Sec. 48. NRS 690B.029 is hereby amended to read as follows:
690B.029 1. A policy of insurance against liability arising out of the ownership, maintenance or use of a motor vehicle delivered or issued for delivery in this state to a person who is 55 years of age or older must contain a provision for the reduction in the premiums for 3‑year periods if the insured:
(a) Successfully completes, after attaining 55 years of age and every 3 years thereafter, a course of traffic safety approved by the department of motor vehicles and public safety; and
(b) For the 3-year period before completing the course of traffic safety and each 3-year period thereafter:
(1) Is not involved in an accident involving a motor vehicle for which the insured is at fault;
κ1999 Statutes of Nevada, Page 3437 (CHAPTER 622, SB 481)κ
(2) Maintains a driving record free of violations; and
(3) Has not been convicted of or entered a plea of guilty, guilty but mentally ill or nolo contendere to a moving traffic violation or an offense involving [the] :
(I) The operation of a motor vehicle while under the influence of intoxicating liquor or a controlled [substances.] substance; or
(II) Any other conduct prohibited by NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct.
2. The reduction in the premiums provided for in subsection 1 must be based on the actuarial and loss experience data available to each insurer and must be approved by the commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.
3. A course of traffic safety that an insured is required to complete as the result of moving traffic violations must not be used as the basis for a reduction in premiums pursuant to this section.
4. The organization that offers a course of traffic safety approved by the department of motor vehicles and public safety shall issue a certificate to each person who successfully completes the course. A person must use the certificate to qualify for the reduction in the premiums pursuant to this section.
5. The commissioner shall review and approve or disapprove a policy of insurance that offers a reduction in the premiums pursuant to subsection 1. An insurer must receive written approval from the commissioner before delivering or issuing a policy with a provision containing such a reduction.
Sec. 49. NRS 706.8841 is hereby amended to read as follows:
706.8841 1. The administrator shall issue a drivers permit to qualified persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a drivers permit, the administrator shall:
(a) Require the applicant to submit a set of his fingerprints, which must be forwarded to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicants background; and
(b) Require proof that the applicant:
(1) Has been a resident of the state for 30 days before his application for a permit;
(2) Can read and orally communicate in the English language; and
(3) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab in this state.
2. The administrator may refuse to issue a drivers permit if the applicant has been convicted of:
(a) A felony, other than a felony [for a] involving any sexual offense, in [the State of Nevada] this state or any other [state, territory or nation] jurisdiction within 5 years before the date of the application [, or a] ;
(b) A felony involving any sexual offense in this state or any other jurisdiction at any time [; or
(b) Driving under the influence of intoxicating beverages, dangerous drugs or controlled substances] before the date of the application; or
κ1999 Statutes of Nevada, Page 3438 (CHAPTER 622, SB 481)κ
(c) A violation of NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct within 3 years before the date of the application.
3. The administrator may refuse to issue a drivers permit if the administrator, after the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the drivers permit would be detrimental to public health, welfare or safety.
4. A taxicab driver shall pay to the administrator, in advance, $20 for an original drivers permit and $5 for a renewal.
Sec. 50. Section 1 of Assembly Bill No. 23 of this session is hereby amended to read as follows:
Section 1. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. A person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 96 hours of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and
(3) Fine him not less than [$200] $400 nor more than $1,000.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:
(1) Shall sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.078, inclusive;
(2) Shall fine him not less than [$500] $750 nor more than $1,000;
(3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and
(4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
κ1999 Statutes of Nevada, Page 3439 (CHAPTER 622, SB 481)κ
A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed pursuant to this section and NRS 483.560 or 485.330 must run consecutively.
κ1999 Statutes of Nevada, Page 3440 (CHAPTER 622, SB 481)κ
6. If the person who violated the provisions of NRS 484.379 possesses a drivers license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
8. As used in this section, unless the context otherwise requires, offense means:
(a) A violation of NRS 484.379 or 484.3795;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
Sec. 51. Section 2 of Assembly Bill No. 620 of this session is hereby amended to read as follows:
Sec. 2. NRS 488.480 is hereby amended to read as follows:
488.480 1. If a person refuses to submit to a required chemical test provided for in NRS 488.450 or 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was:
(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.
2. Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.450 to 488.500, inclusive.
3. If a person submits to a chemical test provided for in NRS 488.450 or 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.
κ1999 Statutes of Nevada, Page 3441 (CHAPTER 622, SB 481)κ
4. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified [,] pursuant to NRS 484.3882 and was calibrated, maintained and operated as provided by the regulations of the committee on testing for intoxication adopted pursuant to NRS [484.3882,] 484.3884, 484.3886 or 484.3888.
5. If the device for testing breath has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to [subsection 1 of] NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a persons breath to determine the percent by weight of alcohol in the persons breath.
6. A court shall take judicial notice of the certification by the director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a persons breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.
7. This section does not preclude the admission of evidence of a test of a persons breath where the:
(a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.
(b) Test has been performed by a person other than one who is certified by the director.
Sec. 52. Section 2 of Assembly Bill No. 678 of this session is hereby amended to read as follows:
Sec. 2. NRS 483.020 is hereby amended to read as follows:
483.020 As used in NRS 483.010 to 483.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.025 to 483.190, inclusive, section 1 of this act and section 11 of [this act] Senate Bill No. 481 of this session have the meanings ascribed to them in those sections.
Sec. 53. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 54. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 3442κ
Senate Bill No. 500Committee on Government Affairs
CHAPTER 623
AN ACT relating to public financial administration; providing procedures for the collection of certain debts owed to state agencies; requiring certain reporting by state agencies; providing for the adoption of necessary regulations; and providing other matters properly relating thereto.
[Approved June 11, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Title 31 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 24, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Agency means an agency, bureau, board, commission, department or division of the executive department of state government.
Sec. 4. Agreement means a transaction between one or more persons and an agency or the State of Nevada whereby each party to the transaction becomes obligated to the other with reciprocal rights to demand performance of what is promised by the other.
Sec. 5. Debt means a tax, fee, fine or other obligation:
1. That is owed to an agency or the State of Nevada; and
2. The payment of which is past due.
Sec. 6. Fee means a charge fixed by law for services or for the use of a privilege within the control of an agency or the State of Nevada.
Sec. 7. Fine means a requirement to pay a sum of money that is imposed on a person for an act of wrongdoing.
Sec. 8. Person includes any political subdivision of this state or other governmental entity which is not an agency.
Sec. 9. Tax means any compulsory charge levied by an agency or the State of Nevada against the wealth of a person for the common benefit of the general public.
Sec. 10. The provisions of this chapter apply to an agency only to the extent that no other specific statute exists which provides for the collection of debts due the agency. To the extent that the provisions of this chapter conflict with such a specific statute, the provisions of the specific statute control.
Sec. 10.5. (Deleted by amendment.)
Sec. 11. For the purposes of this chapter, a debt is past due if the debt has not been remitted and paid to an agency or the State of Nevada as required by law, or as agreed upon by the debtor and the agency or the State of Nevada, as appropriate.
Sec. 12. The director of the department of administration and the attorney general may jointly adopt such regulations as are necessary to carry out the provisions of this chapter.
κ1999 Statutes of Nevada, Page 3443 (CHAPTER 623, SB 500)κ
Sec. 13. Each agency shall submit to the state controller periodic reports of the debts owed to the agency. The state controller shall maintain the reports to the extent that resources are available. The director of the department of administration and the attorney general shall jointly prescribe the time, form and manner of the reports.
Sec. 14. An agency may enter into an agreement with a debtor which provides for the payment of a debt owed by the debtor to the agency on an installment basis over a 12-month or lesser period. Upon good cause shown by the debtor, the agency may extend the period during which installment payments will be made for more than a 12‑month period.
Sec. 15. If a person has not paid a debt that the person owes to an agency, the attorney general, upon the request of the agency:
1. Except as otherwise provided in this section, shall bring an action in a court of competent jurisdiction; or
2. If the action is a small claim subject to chapter 73 of NRS, may bring an action in a court of competent jurisdiction,
on behalf of this state and the agency to collect the debt, plus any applicable penalties and interest. The action must be brought not later than 4 years after the date on which the debt became due or within 5 years after the date on which a certificate of liability was last recorded pursuant to section 19 of this act, as appropriate.
Sec. 16. 1. In addition to any other remedy provided for in this chapter, if a person who owes a debt to an agency:
(a) Fails to pay the debt when it is due, or fails to pay an agreed upon amount in satisfaction of the debt; or
(b) Defaults on a written or other agreement with an agency relating to the payment of the debt,
the agency may, within 4 years after the date on which the debt became due or the date on which the debtor defaulted, as appropriate, file with the office of the clerk of a court of competent jurisdiction an application for the entry of summary judgment against the debtor for the amount due.
2. An agency that intends to file an application for the entry of summary judgment pursuant to this section shall, not less than 15 days before the date on which the agency intends to file the application, notify the debtor of its intention to file the application. The notification must be sent by certified mail to the last known address of the debtor and must include the name of the agency, the amount sought to be recovered and the date on which the application will be filed with the court.
3. An application for the entry of summary judgment must:
(a) Be accompanied by a certificate that specifies:
(1) The amount of the debt, including any interest and penalties due;
(2) The name and address of the debtor, as the name and address of the debtor appear on the records of the agency;
(3) The basis for the determination by the agency of the amount due; and
(4) That the agency has complied with the applicable provisions of law relating to the determination of the amount required to be paid; and
(b) Include:
κ1999 Statutes of Nevada, Page 3444 (CHAPTER 623, SB 500)κ
(1) A request that judgment be entered against the debtor for the amount specified in the certificate; and
(2) Evidence that the debtor was notified of the application for the entry of summary judgment in accordance with subsection 2.
Sec. 17. The court clerk, upon the filing of an application for the entry of summary judgment which complies with the requirements set forth in section 16 of this act, shall forthwith enter a judgment for the agency against the debtor in the amount of the debt, plus any penalties and interest, as set forth in the certificate. The agency shall serve a copy of the judgment, together with a copy of the application and the certificate, upon the debtor against whom the judgment is entered, either by personal service or by mailing a copy to the last known address of the debtor as it appears in the records of the agency.
Sec. 18. 1. An abstract of the judgment entered pursuant to section 17 of this act, or a copy thereof, may be recorded in the office of the county recorder of any county.
2. From the time of its recordation, the judgment becomes a lien upon all real and personal property situated in the county that is owned by the judgment debtor, or which the debtor may afterward acquire, until the lien expires. The lien has the force, effect and priority of a judgment lien and continues for 5 years after the date of the judgment so entered by the court clerk unless sooner released or otherwise discharged.
3. Within 5 years after the date of the recording of the judgment or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording an affidavit of renewal in the office of the county recorder. From the date of recording, the lien is extended for 5 years to all real and personal property situated in the county that is owned by the judgment debtor or acquired by the judgment debtor afterwards, unless the lien is sooner released or otherwise discharged.
Sec. 19. 1. In addition to any other remedy provided for in this chapter, an agency may, within 4 years after the date that a debt becomes due, record a certificate of liability in the office of a county recorder which states:
(a) The amount of the debt, together with any interest or penalties due thereon;
(b) The name and address of the debtor as the name and address of the debtor appear on the records of the agency;
(c) That the agency has complied with all procedures required by law for determining the amount of the debt; and
(d) That the agency has notified the debtor in accordance with subsection 2.
2. An agency that intends to file a certificate of liability pursuant to this section shall, not less than 15 days before the date on which the agency intends to file the certificate, notify the debtor of its intention to file the certificate. The notification must be sent by certified mail to the last known address of the debtor and must include the name of the agency, the amount sought to be recovered and the date on which the certificate will be filed with the county recorder.
κ1999 Statutes of Nevada, Page 3445 (CHAPTER 623, SB 500)κ
3. From the time of the recording of the certificate, the amount of the debt, including interest which accrues on the debt after the recording of the certificate, constitutes a lien upon all real and personal property situated in the county in which the certificate was recorded that is owned by the debtor or acquired by the debtor afterwards and before the lien expires. The lien has the force, effect and priority of a judgment lien on all real and personal property situated in the county in which the certificate was recorded and continues for 5 years after the date of recording unless sooner released or otherwise discharged.
4. Within 5 years after the date of the recording of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a new certificate in the office of the county recorder. From the date of recording, the lien is extended for 5 years to all real and personal property situated in the county that is owned by the debtor or acquired by the debtor afterwards, unless the lien is sooner released or otherwise discharged.
Sec. 20. 1. The state controller may, to the extent that resources are available, offset any amount due an agency from a debtor against any amount owing to that debtor by any agency, regardless of whether the agency which owes the amount is the same agency to which the debtor owes the debt. Whenever the combined amount owing to a debtor by all agencies is insufficient to offset all the amounts due the agencies from the debtor, the state controller shall allocate the amount available from the debtor among the agencies in such a manner as the state controller determines is appropriate.
2. If a debtor who owes a debt to an agency has a claim against that agency or another agency and refuses or neglects to file his claim with the agency within a reasonable time, the head of the agency to which the debtor owes the debt may file the claim on behalf of the debtor. If the state controller approves the claim, it has the same force and effect as though filed by the debtor. The amount due the debtor from the agency is the net amount otherwise owing to the debtor after any offset as provided in this section.
3. The state controller shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, the manner in which offsets will be allocated among agencies.
Sec. 21. 1. Except as otherwise provided in subsection 2, an agency may enter into a contract with a private debt collector or any other person for the assignment of the collection of a debt if the agency:
(a) Determines the assignment is likely to generate more net revenue than equivalent efforts by the agency to collect the debt, including collection efforts pursuant to this chapter;
(b) Determines the assignment will not compromise future collections of state revenue; and
(c) Notifies the debtor in writing at his address of record that the debt will be turned over for private collection unless the debt is paid.
2. An agency shall not enter into a contract with a private debt collector or any other person for the assignment of the collection of a debt if the debt has been contested by the debtor.
κ1999 Statutes of Nevada, Page 3446 (CHAPTER 623, SB 500)κ
3. Any contract entered into pursuant to this section is subject to approval by the director of the department of administration and the state controller.
Sec. 22. 1. Notwithstanding any specific statute to the contrary, an agency to which a debt is owed may, in addition to any other remedy provided for in this chapter, give notice of the amount of the debt and a demand to transmit to any person, including, without limitation, any officer, agency or political subdivision of this state, who has in his possession or under his control any credits or other personal property belonging to the debtor, or who owes any debts to the debtor that remain unpaid. The notice and demand to transmit must be delivered personally or by certified or registered mail:
(a) Not later than 4 years after the debt became due; or
(b) Not later than 5 years after the last recording of an abstract of judgment pursuant to section 18 of this act or a certificate of liability pursuant to section 19 of this act.
2. If such notice is given to an officer or agency of this state, the notice must be delivered before the agency which sent the notice may file a claim with the state controller pursuant to section 20 of this act on behalf of the debtor.
3. An agency that receives a notice and demand to transmit pursuant to this section may satisfy any debt owed to it by the debtor before it honors the notice and demand to transmit. If the agency is holding a bond or other property of the debtor as security for debts owed or that may become due and owing by the debtor, the agency is not required to transmit the amount of the bond or other property unless the agency determines that holding the bond or other property of the debtor as security is no longer required.
4. Except as otherwise provided by specific statute, a person who receives a demand to transmit pursuant to this section shall not thereafter transfer or otherwise dispose of the credits or other personal property of, or debts owed to, the person who is the subject of the demand to transmit without the consent of the agency which sent the demand to transmit.
5. Except as otherwise provided by specific statute, a person who receives from an agency a demand to transmit pursuant to this section shall, within 10 days thereafter, inform the agency of, and transmit to the agency within the time and in the manner requested by the agency, all credits or other personal property in his possession or control that belong to, and all debts that he owes to, the person who is the subject of the demand to transmit. Except as otherwise provided in subsection 6, no further notice is required to be served on such persons.
6. Except as otherwise provided by specific statute, if the property of the debtor consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the agency which sent the demand to transmit until otherwise notified by the agency. If the debt of the debtor is not paid within 1 year after the date on which the agency issued the original demand to transmit, the agency shall:
(a) Issue another demand to transmit to the person responsible for making the payments that informs him to continue transmitting payments to the agency; or
κ1999 Statutes of Nevada, Page 3447 (CHAPTER 623, SB 500)κ
(b) Notify the person that his duty to transmit the payments to the agency has ceased.
7. If the notice and demand to transmit is intended to prevent the transfer or other disposition of a deposit in a bank or other depository institution, or of any other credit or personal property in the possession or under the control of the bank or depository institution, the notice must be delivered or mailed to the branch or office of the bank or depository institution at which the deposit is carried or the credit or personal property is held.
8. If any person to whom an agency delivers a notice and demand to transmit transfers or otherwise disposes of any property or debts required by this chapter to be transmitted to the agency, the person is, to the extent of the value of the property or the amount of the debts so transferred or disposed of, liable to the agency for any portion of the debt that the agency is unable to collect from the debtor solely by reason of the transfer or other disposition of the property or debt.
9. A debtor who owes a debt to an agency which delivers a notice and demand to transmit concerning the debtor pursuant to this section is entitled to an administrative hearing before that agency to challenge the collection of the debt pursuant to the demand to transmit. Each agency may adopt such regulations as are necessary to provide an administrative hearing for the purposes of this subsection.
Sec. 23. 1. If an agency determines that it is impossible or impractical to collect a debt, the agency may request the state board of examiners to designate the debt as a bad debt. The state board of examiners, by an affirmative vote of the majority of the members of the board, may designate the debt as a bad debt if the board is satisfied that the collection of the debt is impossible or impractical.
2. Upon the designation of a debt as a bad debt pursuant to this section, the state board of examiners shall immediately notify the state controller thereof. Upon receiving the notification, the state controller shall direct the removal of the debt from the records and books or account of the agency to which the debt is owed or the State of Nevada, as appropriate. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the agency or the State of Nevada, as appropriate.
3. If resources are available, the state controller shall keep a master file of all debts that are designated as bad debts pursuant to this section. If such a file is established and maintained, for each such debt, the state controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of the agency or the State of Nevada, and any other information concerning the debt that the state controller determines is necessary.
Sec. 24. The remedies of this state provided for in this chapter are intended to supplement existing remedies applicable to the collection of debts. Nothing contained in this chapter shall be construed to limit or repeal additional remedies agreed to by any person or an agency in any written agreement or contract with this state.
κ1999 Statutes of Nevada, Page 3448 (CHAPTER 623, SB 500)κ
Sec. 25. NRS 227.150 is hereby amended to read as follows:
227.150 1. The state controller shall:
(a) Open and keep an account with each county, charging the counties with the revenue collected, as shown by the auditors statements, and also with their proportions of the salaries of the district judges, and crediting them with the amounts paid to the state treasurer.
(b) Keep and state all accounts between the State of Nevada and the United States, or any state or territory, or any person or public officer of this state, indebted to the state or entrusted with the collection, disbursement or management of any money, funds or interests arising therefrom, belonging to the state, of every character and description, if the accounts are derivable from or payable into the state treasury.
(c) Settle the accounts of all county treasurers, and other collectors and receivers of all state revenues, taxes, tolls and incomes, levied or collected by any act of the legislature and payable into the state treasury.
(d) Keep fair, clear, distinct and separate accounts of all the revenues and incomes of the state, and also all the expenditures, disbursements and investments thereof, showing the particulars of every expenditure, disbursement and investment.
2. The state controller may:
(a) Direct the collection of all accounts or money due the state, except as otherwise provided in sections 2 to 24, inclusive, of this act, and if there is no time fixed or stipulated by law for the payment of any such accounts or money, they are payable at the time set by the state controller.
(b) Upon approval of the attorney general, direct the cancellation of any accounts or money due the state.
(c) Except as otherwise provided in subsection 3, withhold from the compensation of an employee of the state any amount due the state for the overpayment of the salary of the employee.
3. Before any amounts may be withheld from the compensation of an employee pursuant to paragraph (c) of subsection 2, the state controller shall:
(a) Give written notice to the employee of the state controllers intent to withhold such amounts from the compensation of the employee; and
(b) If requested by the employee within 10 working days after receipt of the notice, conduct a hearing and allow the employee the opportunity to contest the state controllers determination to withhold such amounts from the compensation of the employee.
If the overpayment was not obtained by the employees fraud or willful misrepresentation, any withholding from the compensation of the employee must be made in a reasonable manner so as not to create an undue hardship to the employee.
4. The state controller may adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 26. NRS 227.230 is hereby amended to read as follows:
227.230 [The] Except as otherwise provided in sections 2 to 24, inclusive, of this act, the state controller shall:
κ1999 Statutes of Nevada, Page 3449 (CHAPTER 623, SB 500)κ
1. Direct the attorney general to institute and prosecute, in the name of the state, all proper suits for the recovery of any debts, [moneys] money or property of the state, or for the ascertainment of any right or liability concerning the same.
2. Direct and superintend the collection of all [moneys due to] money due the state.
Sec. 27. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 15Committee on Education
CHAPTER 624
AN ACT relating to education; revising provisions governing the programs of accountability of school districts; making various changes regarding truancy and the discipline of pupils who are habitual truants; providing that an enrolled pupil who is 17 years of age but less than 18 years of age is subject to the truancy statutes; expanding the circumstances under which a school district may permit children to be transported on school buses and vehicles; expanding the circumstances under which probation officers may serve as juvenile court masters; revising the actions that a juvenile court must take against a pupil who is found to be a habitual truant; and providing other matters properly relating thereto.
[Approved June 11, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. NRS 385.347 is hereby amended to read as follows:
385.347 1. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district.
2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the district and the district as a whole, including, without limitation, each charter school in the district. Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:
(1) The number of pupils who took the examinations;
(2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and
κ1999 Statutes of Nevada, Page 3450 (CHAPTER 624, AB 15)κ
(3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils in attendance in that period.
In addition, the board shall also report the results of other examinations of pupil achievement administered to pupils in the school district in grades other than 4, 8, 10 and 11. The results of these examinations for the current school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.
(d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(f) The curriculum used by the school district, including:
(1) Any special programs for pupils at an individual school; and
(2) The curriculum used by each charter school in the district.
(g) [The annual rate] Records of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole [.] , excluding pupils who:
(1) Provide proof to the school district of successful completion of the examinations of general educational development.
(2) Are enrolled in courses that are approved by the department as meeting the requirements for an adult standard diploma.
(3) Withdraw from school to attend another school.
(i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:
(1) Communication with the parents of pupils in the district; and
(2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.
(k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.
κ1999 Statutes of Nevada, Page 3451 (CHAPTER 624, AB 15)κ
(l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.
(m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(n) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(o) Each source of funding for the school district.
(p) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.
(q) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the districts plan to incorporate educational technology at each school.
(r) Such other information as is directed by the superintendent of public instruction.
(s) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of section 3 of this act and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of section 3 of this act, for each school in the district and for the district as a whole.
3. The superintendent of public instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.
(c) Consult with a representative of the:
(1) Nevada State Education Association;
(2) Nevada Association of School Boards;
(3) Nevada Association of School Administrators;
(4) Nevada Parent Teachers Association;
(5) Budget division of the department of administration; and
(6) Legislative counsel bureau,
concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
4. On or before April 15 of each year, the board of trustees of each school district shall submit to [the advisory] each board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.
κ1999 Statutes of Nevada, Page 3452 (CHAPTER 624, AB 15)κ
Sec. 2. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.5 to 5, inclusive, of this act.
Sec. 2.5. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of sections 3, 4 and 5 of this act apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.
Sec. 3. 1. If a pupil has one or more unapproved absences from school, the school in which the pupil is enrolled shall take reasonable actions designed, as applicable, to encourage, enable or convince the pupil to attend school.
2. If a pupil is a habitual truant pursuant to NRS 392.140, the principal of the school shall:
(a) Report the pupil to a school police officer or to the local law enforcement agency for investigation and issuance of a citation, if warranted, in accordance with NRS 392.142; or
(b) If the parent or legal guardian of a pupil has signed a written consent pursuant to subsection 4, submit a written referral of the pupil to the advisory board to review school attendance in the county in accordance with section 4 of this act.
3. The board of trustees of each school district shall adopt criteria to determine whether the principal of a school shall report a pupil to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 or refer a pupil to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2.
4. If the principal of a school makes an initial determination to submit a written referral of a pupil to the advisory board to review school attendance, the principal shall notify the parent or legal guardian of the pupil and request the parent or legal guardian to sign a written consent that authorizes the school and, if applicable, the school district to release the records of the pupil to the advisory board to the extent that such release is necessary for the advisory board to carry out its duties pursuant to sections 4 and 5 of this act. The written consent must comply with the applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99. If the parent or legal guardian refuses to sign the consent, the principal shall report the pupil to a school police officer or to a local law enforcement agency pursuant to paragraph (a) of subsection 2.
Sec. 4. A written referral of a pupil to an advisory board to review school attendance must include the dates on which the pupil was truant from school and all action taken by the school to assist the pupil to attend school. The advisory board may request clarification of any information contained in the written referral or any additional information that the advisory board considers necessary. The school shall provide written notice of the referral to the parents or legal guardian of the pupil. The written notice must include, without limitation:
1. The name and address of the pupil referred;
2. A written explanation of the reason for the referral;
3. A summary of the provisions of section 5 of this act; and
κ1999 Statutes of Nevada, Page 3453 (CHAPTER 624, AB 15)κ
4. The address and telephone number of the advisory board to review school attendance.
Sec. 5. 1. If an advisory board to review school attendance receives a written referral of a pupil pursuant to section 4 of this act, the advisory board shall set a date, time and place for a hearing. The pupil and his parents or legal guardian shall attend the hearing held by the advisory board. The hearing must be closed to the public. The chairman of an advisory board to review school attendance may request that subpoenas for a hearing conducted pursuant to this section be issued to:
(a) The parent or legal guardian of a pupil who has been referred to the advisory board or any other person that the advisory board considers necessary to the hearing.
(b) A pupil who has been referred to the advisory board.
2. If a pupil and his parents or legal guardian do not attend the hearing, the chairman of the advisory board shall report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.142.
3. If an advisory board to review school attendance determines that the status of a pupil as a habitual truant can be adequately addressed through participation by the pupil in programs and services available in the community, the advisory board shall order the pupil to participate in such programs and services. If the pupil does not agree to participate in such programs and services, the chairman of the advisory board shall report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.142. If the pupil agrees to participate in such programs and services, the advisory board, the pupil and the parents or legal guardian of the pupil shall enter into a written agreement that:
(a) Sets forth the findings of the advisory board;
(b) Sets forth the terms and conditions of the pupils participation in the programs and services designated by the advisory board; and
(c) Adequately informs the pupil and his parents or legal guardian that if the pupil or his parents or legal guardian do not comply with the terms of the written agreement, the chairman of the advisory board is legally obligated to report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.142.
The parents or legal guardian of the pupil shall, upon the request of the advisory board, provide proof satisfactory to the advisory board that the pupil is participating in the programs and services set forth in the written agreement.
4. The chairman of an advisory board to review school attendance shall report a pupil to a school police officer or to the appropriate local law enforcement agency if:
(a) The pupil and his parents or legal guardian fail to attend a hearing set by the advisory board pursuant to subsection 1;
κ1999 Statutes of Nevada, Page 3454 (CHAPTER 624, AB 15)κ
(b) The advisory board determines that the status of a pupil as a habitual truant cannot be adequately addressed by requiring the pupil to participate in programs and services available in the community;
(c) The pupil does not consent to participation in programs and services pursuant to subsection 3; or
(d) The pupil or his parents or legal guardian violates the terms of the written agreement entered into pursuant to subsection 3.
5. If a chairman of an advisory board makes such a report to a school police officer or local law enforcement agency, the chairman shall:
(a) Submit to the school police officer or law enforcement agency, as applicable, written documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and
(b) Make recommendations to the school police officer or law enforcement agency, as applicable, regarding the appropriate disposition of the case.
6. If the parents or legal guardian of a pupil enter into a written agreement pursuant to this section, the parents or legal guardian may appeal to the board of trustees of the school district a determination made by the advisory board concerning the contents of the written agreement. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.
7. The board of trustees of each school district shall adopt policies and rules to protect the confidentiality of the deliberations, findings and determinations made by an advisory board and information concerning a pupil and the family of a pupil. An advisory board shall not disclose information concerning the records of a pupil or services provided to a pupil or his family unless the disclosure is specifically authorized by statute or by the policies and rules of the board of trustees and is necessary for the advisory board to carry out its duties.
Sec. 5.5. NRS 392.122 is hereby amended to read as follows:
392.122 1. The board of trustees of each school district shall prescribe a minimum number of days that a pupil who is enrolled in a school in the district must be in attendance for the pupil to be promoted to the next higher grade. For the purposes of this subsection, the days on which a pupil is not in attendance because the pupil is:
(a) Physically or mentally unable to attend school; or
(b) Absent for up to 10 days within 1 school year with the approval of the teacher or principal of the school pursuant to NRS 392.130 and only if he has completed course-work requirements,
must be credited towards the required days of attendance.
2. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.
κ1999 Statutes of Nevada, Page 3455 (CHAPTER 624, AB 15)κ
Sec. 6. NRS 392.126 is hereby amended to read as follows:
392.126 1. There is hereby created in each county at least one advisory board to review school attendance. The membership of each such board may consist of:
(a) One probation officer in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(c) One representative of the district attorney for the county, appointed by the district attorney;
(d) One parent or legal guardian of a pupil who is enrolled in a public school in the county, or his designee or alternate who is also a parent or legal guardian, appointed by the president of the board of trustees of the school district;
(e) One member of the board of trustees of the school district, appointed by the president of the board of trustees;
(f) One school counselor or school teacher employed by the school district, appointed by an organization or association that represents licensed educational personnel in the school district;
(g) One deputy sheriff in the county, appointed by the sheriff of the county; and
(h) One representative of the local office of the division of child and family services of the department of human resources, appointed by the executive head of that office.
2. The members of each such board shall elect a chairman from among their membership.
3. Each member of such a board must be appointed for a term of 2 years. A vacancy in the membership of the board must be filled in the same manner as the original appointment for the remainder of the unexpired term.
4. Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The board of trustees of the school district shall pay the per diem allowance and travel expenses from the general fund of the school district.
Sec. 7. NRS 392.127 is hereby amended to read as follows:
392.127 The board of trustees of each school district shall provide administrative support to [the] each advisory board to review school attendance created [for] in its county pursuant to NRS 392.126.
Sec. 8. NRS 392.128 is hereby amended to read as follows:
392.128 1. Each advisory board to review school attendance created pursuant to NRS 392.126 shall:
(a) Review the records of the [rate of] attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district pursuant to subsection 4 of NRS 385.347;
κ1999 Statutes of Nevada, Page 3456 (CHAPTER 624, AB 15)κ
(b) Identify factors that contribute to the [rate of] truancy of pupils in the school district;
(c) Establish programs to reduce the [rate of] truancy of pupils in the school district;
(d) At least annually, evaluate the effectiveness of those programs;
(e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants ; and [the issuance of citations pursuant to NRS 392.142; and]
(f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.
2. The chairman of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to section 5 of this act. If the chairman of an advisory board divides the advisory board into subcommittees, the chairman shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.
3. An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the [rate of] truancy of pupils in the school district.
Sec. 9. NRS 392.130 is hereby amended to read as follows:
392.130 1. Within the meaning of this chapter, a pupil shall be deemed a truant who is absent from school without the written approval of his teacher or the principal of the school, unless the pupil is physically or mentally unable to attend school. The teacher or principal shall give his written approval for a pupil to be absent if an emergency exists or upon the request of a parent or legal guardian of the pupil. Before a pupil may attend or otherwise participate in school activities outside the classroom during regular classroom hours, he must receive the approval of the teacher or principal.
2. [Absence for any part] An unapproved absence for at least one period, or the equivalent of one period for the school, of a school day [shall] may be deemed a truancy for the purposes of this section.
3. If a pupil is physically or mentally unable to attend school, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school orally or in writing , in accordance with the policy established by the board of trustees of the school district, within 3 days after the pupil returns to school.
4. An absence which has not been approved pursuant to subsection 1 or 3 shall be deemed an unapproved absence. In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written notice of truancy to the parent, legal guardian or other person having control or charge of the child.
κ1999 Statutes of Nevada, Page 3457 (CHAPTER 624, AB 15)κ
or cause to be delivered a written notice of truancy to the parent, legal guardian or other person having control or charge of the child. The written notice must be delivered to the parent, legal guardian or other person who has control of the child. The written notice must inform the parents or legal guardian of such absences in a form specified by the department.
5. As used in this section, physically or mentally unable to attend does not include a physical or mental condition for which a pupil is excused pursuant to NRS 392.050.
6. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.
Sec. 10. NRS 392.140 is hereby amended to read as follows:
392.140 1. Any child who has been declared a truant three or more times within one school year must be declared a habitual truant.
2. Any child who has once been declared a habitual truant and who in an immediately succeeding year is absent from school without the written:
(a) Approval of his teacher or the principal of the school pursuant to subsection 1 of NRS 392.130; or
(b) Notice of his parent or legal guardian or other person who has control or charge over the pupil pursuant to subsection 3 of NRS 392.130,
may again be declared a habitual truant.
3. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.
Sec. 11. 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 [,] pursuant to section 3 or 5 of this act, if it appears after investigation that [the] a pupil is a habitual truant, the school police officer or law enforcement agency to whom the report is made shall prepare manually or electronically a citation directing the pupil to appear in the proper juvenile court.
[3.] 2. 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.] 3. The citation must be in the form prescribed for misdemeanor citations in NRS 171.1773.
4. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.
κ1999 Statutes of Nevada, Page 3458 (CHAPTER 624, AB 15)κ
Sec. 11.3. NRS 392.160 is hereby amended to read as follows:
392.160 1. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant:
(a) Any child between the ages of 7 and 17 years; and
(b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,
who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.
2. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant any child who is 17 years of age or older but less than 18 years of age if:
(a) The child is enrolled in a public school; and
(b) A teacher, superintendent of schools or other school officer has reported the child as absent from instruction.
3. Except as otherwise provided in subsection [3:] 4:
(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the childs school of attendance.
(b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.
[3.] 4. The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, counseling agency means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.
Sec. 11.7. NRS 392.360 is hereby amended to read as follows:
392.360 1. A board of trustees of a school district may permit school buses or vehicles belonging to the school district to be used for the transportation of public school pupils to and from:
(a) Interscholastic contests;
(b) School festivals; or
(c) Other activities properly a part of a school program.
2. In addition to the use of school buses and vehicles authorized pursuant to subsection 1, the board of trustees of a school district may permit school buses and vehicles belonging to the school district to be used for the transportation of children to and from:
(a) Programs for the supervision of children before and after school; and
(b) Other programs or activities that the board of trustees deems appropriate,
regardless of whether such programs or activities are part of a school program.
3. The use of school buses or vehicles belonging to the school district for the purposes enumerated in [subsection 1] subsections 1 and 2 is governed by regulations made by the board of trustees, which must not conflict with regulations of the state board . [of education.] Proper supervision for each vehicle so used must be furnished by school authorities, and each school bus must be operated by a driver qualified under the provisions of NRS 392.300 to 392.410, inclusive.
κ1999 Statutes of Nevada, Page 3459 (CHAPTER 624, AB 15)κ
must be operated by a driver qualified under the provisions of NRS 392.300 to 392.410, inclusive.
[3.] 4. A driver shall not operate a vehicle for the purposes enumerated in [subsection 1] subsections 1 and 2 for more than 10 hours in a 15‑hour period. The time spent operating, inspecting, loading, unloading, repairing and servicing the vehicle and waiting for passengers must be included in determining the 15‑hour period. After 10 hours of operating a vehicle, the driver must rest for 10 hours before he again operates a vehicle for such purposes.
[4.] 5. Before January 1, 1984, the state board [of education] shall adopt regulations to carry out the provisions of subsection [3.] 4.
Sec. 12. NRS 62.090 is hereby amended to read as follows:
62.090 1. The judge, in his discretion, may appoint any person qualified by previous experience, training and demonstrated interest in the welfare of children as master. The master, upon the order of the judge in proceedings arising under the provisions of this chapter, may swear witnesses and take evidence. No probation officer may act as master unless the proceeding concerns [only a minor] a:
(a) Minor traffic offense [.] ; or
(b) Child who is alleged to be a habitual truant.
2. Each master who is first appointed after July 1, 1981, shall attend instruction at the National College of Juvenile and Family Law in Reno, Nevada, in a course designed for the training of new judges of the juvenile courts on the first occasion when such instruction is offered after he is appointed.
3. The compensation of a master in juvenile sessions may not be taxed against the parties, but when fixed by the judge must be paid out of appropriations made for the expenses of the district court.
4. The judge may direct that the facts in any juvenile court proceeding, from the inception of the matter, be found by the master in the same manner as in the district court. Within 10 days after the evidence before him is closed, the master shall file with the judge all papers relating to the case, written findings of fact and recommendations.
5. Notice in writing of the masters findings and recommendations, together with the notice of right of appeal as provided in this section, must be given by the master, or someone designated by him, to the parent, guardian or custodian, if any, of the child, to the childs attorney, to the district attorney, and to any other person concerned. A hearing by the court must be allowed if a person entitled to notice files with the court a request for a hearing and the request is filed within 5 days after the giving of the notice. The findings and recommendations of the master, upon approval by the court evidenced by signature, constitute a decree of the court.
Sec. 13. NRS 62.130 is hereby amended to read as follows:
62.130 1. A petition alleging that a child is delinquent or a petition for revocation may be signed by any person, including the district attorney, who has knowledge of the facts alleged, or is informed of them and believes that they are true.
2. A petition alleging that a child is in need of supervision may be signed only by:
κ1999 Statutes of Nevada, Page 3460 (CHAPTER 624, AB 15)κ
(a) A representative of a public or private agency licensed or authorized to provide care or supervision of children;
(b) A representative of a public or private agency providing social service for families; or
(c) A school police officer [,] or other school officer, law enforcement officer or probation officer.
3. The district attorney shall prepare and sign every petition alleging delinquency or need of supervision, and shall represent the petitioner in all proceedings.
4. The petition must be entitled, In the Matter of ................, a child, and must be verified by the person who signs it.
5. The petition must set forth specifically:
(a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 62.040, and the date when delinquency occurred or need of supervision arose . [;]
(b) The name, date of birth and address of the residence of the child . [;]
(c) The names and address of the residence of his parents, guardian or custodian, and spouse if any. If neither of his parents, guardian or custodian resides or can be found within the state, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court . [; and]
(d) Whether the child is in custody, and if so, the place of detention and the time he was taken into custody.
6. When any of the facts required by subsection 5 are not known, the petition must so state.
Sec. 14. NRS 62.224 is hereby amended to read as follows:
62.224 1. In addition to any other action authorized pursuant to the provisions of this chapter, if a child is found to be in need of supervision because he is a habitual truant, the court shall:
(a) The first time the child is found to be in need of supervision because he is a habitual truant:
(1) Order the child to [pay] :
(I) Pay a fine of not more than $100 pursuant to paragraph (l) of subsection 1 of NRS 62.211 and the administrative assessment required by NRS 62.223; [and] or
(II) Perform not less than 8 hours but not more than 16 hours of community service in compliance with the provisions of subsection 3; and
(2) If the child is 14 years of age or older, order the suspension of the childs drivers license for at least 30 days [.] but not more than 6 months. If the child does not possess a drivers license, the court shall prohibit the child from applying for a drivers license for 30 days:
(I) Immediately following the date of the order if the child is eligible to apply for a drivers license; or
(II) After the date he becomes eligible to apply for a drivers license if the child is not eligible to apply for a drivers license.
(b) The second or any subsequent time the child is found to be in need of supervision because he is a habitual truant:
(1) Order the child to:
κ1999 Statutes of Nevada, Page 3461 (CHAPTER 624, AB 15)κ
(I) Pay a fine of not more than $200 pursuant to paragraph (l) of subsection 1 of NRS 62.211 and the administrative assessment required by NRS 62.223;
(II) Perform not more than 10 hours of community service in compliance with the provisions of subsection 3; or
(III) Comply with the requirements set forth in both sub-subparagraphs (I) and (II); and
(2) If the child is 14 years of age or older, order the suspension of the childs drivers license for at least 60 days [.] but not more than 1 year. If the child does not possess a drivers license, the court shall prohibit the child from applying for a drivers license for 60 days:
(I) Immediately following the date of the order if the child is eligible to apply for a drivers license; or
(II) After the date he becomes eligible to apply for a drivers license if the child is not eligible to apply for a drivers license.
2. The [juvenile] court may suspend the payment of a fine ordered pursuant to paragraph (a) of subsection 1 if the child attends school for 60 consecutive school days after the imposition of the fine, or has a valid excuse acceptable to his teacher or the principal for any absence from school within that period.
3. The community service ordered pursuant to paragraph (a) or (b) of subsection 1 must be performed:
(a) For and under the supervising authority of a county, city, town or other political subdivision or agency of this state or a charitable organization that renders service to the community or its residents; and
(b) At the childs school of attendance, if practicable.
4. If the court issues an order suspending a childs drivers license pursuant to subsection 1, the [judge] court shall require the child to surrender to the court all drivers licenses then held by the child.
Sec. 15. The amendatory provisions of section 14 of this act do not apply to children who are found in need of supervision because they are habitual truants, if all acts of truancy were committed before July 1, 1999.
Sec. 16. 1. This section and sections 1 to 10, inclusive, and 12 to 15, inclusive, of this act become effective on July 1, 1999.
2. Section 11 of this act becomes effective at 12:01 a.m. on July 1, 1999.
________
κ1999 Statutes of Nevada, Page 3462κ
Assembly Bill No. 376Assemblyman Bache
CHAPTER 625
AN ACT relating to law enforcement; requiring the boards of trustees of certain school districts to employ a chief of school police; authorizing the boards of trustees of certain school districts to contract with metropolitan police departments for police services; authorizing the boards of trustees of certain other school districts to contract with the county sheriff for police services; providing for the creation of a school police unit within a metropolitan police department that has entered into a contract with the board of trustees; and providing other matters properly relating thereto.
[Approved June 11, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. NRS 391.100 is hereby amended to read as follows:
391.100 1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.
2. The board of trustees of a school district:
(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof; and
(b) Shall establish policies governing the duties and performance of teacher aides.
3. Each applicant for employment pursuant to this section, except a teacher or other person licensed by the superintendent of public instruction, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Federal Bureau of Investigation and the central repository for Nevada records of criminal history for their reports on the criminal history of the applicant.
4. The board of trustees of a school district may employ or appoint persons to serve as school police officers. If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the superintendent of schools of the school district. The chief of school police shall supervise each person appointed or employed by the board of trustees as a school police officer. In addition, persons who provide police services pursuant to subsection 5 or 6 shall be deemed school police officers.
5. The board of trustees of a school district in a county that has a metropolitan police department created pursuant to chapter 280 of NRS, may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district. If a contract is entered into pursuant to this subsection, the contract must make provision for the transfer of each school police officer employed by the board of trustees to the metropolitan police department. If the board of trustees of a school district contracts with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district and on property owned by the school district but outside the jurisdiction of the metropolitan police department.
κ1999 Statutes of Nevada, Page 3463 (CHAPTER 625, AB 376)κ
with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district and on property owned by the school district but outside the jurisdiction of the metropolitan police department.
6. The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS, may contract with the sheriff of that county for the provision of police services in the public schools within the school district and on property therein that is owned by the school district.
Sec. 2. Chapter 280 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department may enter into a contract with the board of trustees of the school district located in the county served by the department for the provision and supervision of police services in the public schools within the school district and on property owned by the school district. If the department enters into a contract pursuant to this section, the department shall create a separate unit designated as the school police unit for this purpose.
2. The department may establish different qualifications and training requirements for officers assigned to the school police unit than those generally applicable to officers of the department.
Sec. 3. NRS 280.320 is hereby amended to read as follows:
280.320 1. A department is a local government employer for the purpose of the Local Government Employee-Management Relations Act and a public employer for the purpose of the Public Employees Retirement Act.
2. In negotiations arising under the provisions of chapter 288 of NRS:
(a) The committee or two or more persons designated by it; and
(b) The sheriff or a person designated by him,
shall represent the department.
3. In negotiations arising under the provisions of chapter 288 of NRS, a school police unit must be considered a separate bargaining unit.
Sec. 4. This act becomes effective on July 1, 1999.
________
κ1999 Statutes of Nevada, Page 3464κ
Senate Bill No. 323Senator Amodei
Joint Sponsor: Assemblywoman Buckley
CHAPTER 626
AN ACT relating to land use planning; requiring that a governing body must include a manufactured home within the definition of a single-family residence in the zoning ordinances of the governing body; requiring a governing body to adopt certain standards with respect to manufactured homes that are not affixed to a lot within a mobile home park; providing the circumstances pursuant to which a manufactured home constitutes real property; and providing other matters properly relating thereto.
[Approved June 11, 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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Mobile home park has the meaning ascribed to it in NRS 118B.017.
Sec. 3. 1. Except as otherwise provided in this section, in an ordinance relating to the zoning of land adopted or amended by a governing body, the definition of single-family residence must include a manufactured home.
2. Notwithstanding the provisions of subsection 1, a governing body shall adopt standards for the placement of a manufactured home that will not be affixed to a lot within a mobile home park which require that:
(a) The manufactured home:
(1) Be permanently affixed to a residential lot;
(2) Be manufactured within the 5 years immediately preceding the date on which it is affixed to the residential lot;
(3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;
(4) Consist of more than one section; and
(5) Consist of at least 1,200 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and
(b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.
The governing body of a local government in a county whose population is less than 25,000 may adopt standards that are less restrictive than the standards set forth in this subsection.
κ1999 Statutes of Nevada, Page 3465 (CHAPTER 626, SB 323)κ
3. Standards adopted by a governing body pursuant to subsection 2 must be objective and documented clearly and must not be adopted to discourage or impede the construction or provision of affordable housing, including, without limitation, the use of manufactured homes for affordable housing.
4. The provisions of this section do not abrogate a recorded restrictive covenant prohibiting manufactured homes nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.
5. As used in this section, manufactured home has the meaning ascribed to it in NRS 489.113.
Sec. 4. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 361.035 is hereby amended to read as follows:
361.035 1. Real estate or real property means:
(a) All houses, buildings, fences, ditches, structures, erections, railroads, toll roads and bridges, or other improvements built or erected upon any land, whether such land is private property or property of [the] this state or of the United States, or of any municipal or other corporation, or of any county, city or town in this state.
(b) Any mobile home , [or] factory-built housing or manufactured home which meets the requirements of NRS 361.244.
(c) The ownership of, or claim to, or possession of, or right of possession to any lands within this state.
(d) The claim by or the possession of any person, firm, corporation, association or company to any land.
2. The property described in subsection 1 must be listed under the head of real estate.
3. Except as otherwise provided in NRS 361.2445, when an agreement has been entered into, whether in writing or not, or when there is sufficient reason to believe that an agreement has been entered into, for the dismantling, moving or carrying away or wrecking of the property described in subsection 1, the property must be classified as personal property, and not real estate.
4. For the purposes of this chapter, real estate or real property does not include leasehold or other possessory interests in land owned by the Federal Government on which land the Federal Government is paying taxes to the State of Nevada or is, pursuant to contractual obligation, paying any sum in lieu of taxes to the State of Nevada.
κ1999 Statutes of Nevada, Page 3466 (CHAPTER 626, SB 323)κ
Sec. 6. NRS 361.244 is hereby amended to read as follows:
361.244 1. A mobile home is eligible to become real property if the running gear is removed and it becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the mobile home.
2. A mobile home becomes real property when the assessor of the county in which the mobile home is located has placed it on the tax roll as real property. The assessor shall not place a mobile home on the tax roll until:
(a) He has received verification from the manufactured housing division of the department of business and industry that there is no security interest in the mobile home or the holders of security interests have agreed in writing to the conversion of the mobile home to real property;
(b) The unsecured personal property tax has been paid in full for the current fiscal year;
(c) An affidavit of conversion of the mobile home from personal to real property has been recorded in the county recorders office of the county in which the mobile home is located; and
(d) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile home in its former condition as personal property.
3. A mobile home which is converted to real property pursuant to this section shall be deemed to be a fixture and an improvement to the real property to which it is affixed.
4. Factory-built housing, as defined in NRS 461.080, constitutes real property if it becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing.
5. A manufactured home, as defined in NRS 489.113, constitutes real property if it becomes, on or after January 1, 2000, permanently affixed to land which is owned by the owner of the manufactured home.
6. For the purposes of this section, land which is owned includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.
Sec. 7. NRS 489.288 is hereby amended to read as follows:
489.288 Except as otherwise provided in section 3 of this act:
1. A local governing body may adopt ordinances and regulations which, except for ordinances and regulations regarding any prerequisites to the classification of a manufactured home or mobile home as real property pursuant to NRS 361.244, are no more stringent than the provisions of this chapter, the regulations adopted pursuant to this chapter and applicable federal statutes and regulations. Compliance with an ordinance or regulation of a local governing body does not excuse any person from compliance with this chapter and the regulations adopted pursuant to this chapter.
2. The provisions of this chapter and the regulations adopted pursuant to this chapter supersede and preempt any ordinance or regulation of a local governing body that is more stringent than those provisions, except for an ordinance or regulation regarding any prerequisites to the classification of a manufactured home or mobile home as real property pursuant to NRS 361.244.
κ1999 Statutes of Nevada, Page 3467 (CHAPTER 626, SB 323)κ
Sec. 8. NRS 489.461 is hereby amended to read as follows:
489.461 [Any] Except as otherwise provided in section 3 of this act, a manufactured home, mobile home, travel trailer or commercial coach for which a certificate and label of compliance has been issued pursuant to the provisions of this chapter is not required to comply with any local building codes or ordinances prescribing standards for plumbing, heating, electrical systems, body and frame design and construction requirements.
Sec. 9. This act becomes effective on January 1, 2000.
________
Senate Bill No. 475Committee on Government Affairs
CHAPTER 627
AN ACT relating to public works; authorizing a public body to contract with a design-build team or specialty contractor for the design and construction of a public work in certain circumstances; authorizing a public body to contract with a nonprofit organization for the design and construction of a project to restore, enhance or develop wetlands; authorizing the department of transportation to contract with a design-build team with respect to a project for the design and construction, reconstruction or improvement of highways in certain circumstances; setting forth the method in which proposals for a design-build contract must be solicited; setting forth the method in which a design-build team must be selected; authorizing a public body or the department of transportation to employ an architect or engineer to oversee the construction of a public work or project; creating an interim advisory committee to study the use of design-build contracting; and providing other matters properly relating thereto.
[Approved June 11, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in this section, a public body shall contract with a prime contractor for the construction of a public work for which the estimated cost exceeds $100,000.
2. A public body may contract with a design-build team for the design and construction of a public work that is a discrete project if the public body determines that:
(a) The public work is:
(1) A plant or facility for the treatment and pumping of water or the treatment and disposal of wastewater or sewage, the estimated cost of which exceeds $100,000,000; or
(2) Any other type of public work, except a stand-alone underground utility project, the estimated cost of which exceeds $30,000,000; and
(b) Contracting with a design-build team will enable the public body to:
(1) Design and construct the public work at a cost that is significantly lower than the cost that the public body would incur to design and construct the public work using a different method;
κ1999 Statutes of Nevada, Page 3468 (CHAPTER 627, SB 475)κ
(2) Design and construct the public work in a shorter time than would be required to design and construct the public work using a different method, if exigent circumstances require that the public work be designed and constructed within a short time; or
(3) Ensure that the design and construction of the public work is properly coordinated, if the public work is unique, highly technical and complex in nature.
3. In a county whose population is 400,000 or more, a public body that is responsible for financing public works may, for its own public works and those financed by a different public body, including, without limitation, an airport if the airport is owned and operated as a department of the public body, contract with a design-build team once in each fiscal year for the design and construction of a public work if the public body determines that:
(a) The estimated cost of the public work is at least $5,000,000 but less than $30,000,000; and
(b) Contracting with a design-build team will enable the public body to:
(1) Design and construct the public work at a cost that is significantly lower than the cost that the public body would incur to design and construct the public work using a different method;
(2) Design and construct the public work in a shorter time than would be required to design and construct the public work using a different method, if exigent circumstances require that the public work be designed and constructed within a short time; or
(3) Ensure that the design and construction of the public work is properly coordinated, if the public work is unique, highly technical and complex in nature.
4. Notwithstanding the provisions of subsections 1, 2 and 3, a public body may contract with:
(a) A nonprofit organization for the design and construction of a project to restore, enhance or develop wetlands.
(b) A prime contractor, specialty contractor or design‑build team with respect to a public work if the public body determines that the public work is:
(1) Not part of a larger public work; and
(2) Limited in scope to:
(I) Removal of asbestos;
(II) Replacement of equipment or systems for heating, ventilation and air‑conditioning;
(III) Replacement of a roof;
(IV) Landscaping; or
(V) Restoration, enhancement or development of wetlands.
Sec. 3. 1. A public body shall not contract with a design-build team with respect to a public work unless the governing body of the public body makes the determinations, at a public hearing, that are required pursuant to subsection 2, 3 or 4 of section 2 of this act, as applicable.
2. A public body that is required to hold a public hearing pursuant to this section shall publish notice of the hearing at least once each week for 3 consecutive weeks in:
κ1999 Statutes of Nevada, Page 3469 (CHAPTER 627, SB 475)κ
(a) A newspaper of general circulation published in the county in which the public work is proposed to be constructed or, if there is no such newspaper, in a newspaper of general circulation in the county published in this state; and
(b) A newspaper of general circulation in this state.
Sec. 4. 1. A public body that is required to contract with a prime contractor pursuant to subsection 1 of section 2 of this act or elects to contract with a specialty contractor pursuant to subsection 4 of section 2 of this act shall select the prime contractor or specialty contractor, as appropriate, in accordance with the procedures for bidding that are set forth in:
(a) The provisions of sections 3 to 11, inclusive, of Assembly Bill No. 298 of this session; or
(b) NRS 338.140 to 338.147, inclusive, if the public body is a local government that elects to award a contract for a public work in accordance with paragraph (b) of subsection 1 of section 2 of Assembly Bill No. 298 of this session.
2. A public body that contracts with a design-build team pursuant to sections 2 and 3 of this act shall select the design-build team in accordance with sections 5 to 8, inclusive, of this act.
Sec. 5. 1. A public body shall advertise for preliminary proposals for the design and construction of a public work by a design-build team at least twice each week for 3 consecutive weeks in:
(a) A newspaper of general circulation published in the county in which the public work is proposed to be constructed or, if there is no such newspaper, in a newspaper of general circulation in the county published in this state; and
(b) A newspaper of general circulation in this state.
2. A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:
(a) A description of the public work to be designed and constructed;
(b) Separate estimates of the costs of designing and constructing the public work;
(c) The dates on which it is anticipated that the separate phases of the design and construction of the public work will begin and end;
(d) A statement setting forth the place and time in which a design-build team desiring to submit a proposal for the public work may obtain the information necessary to submit a proposal, including, without limitation, the extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the public work that the public body determines to be necessary;
(e) A list of the requirements set forth in section 6 of this act;
(f) A list of the factors that the public body will use to evaluate design-build teams who submit a proposal for the public work, including, without limitation:
(1) The relative weight to be assigned to each factor; and
(2) A disclosure of whether the factors that are not related to cost are, when considered as a group, more or less important in the process of evaluation than the factor of cost;
κ1999 Statutes of Nevada, Page 3470 (CHAPTER 627, SB 475)κ
(g) Notice that a design-build team desiring to submit a proposal for the public work must include with its proposal the information used by the public body to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of section 7 of this act and a description of that information;
(h) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.147 should submit a copy of the certificate of eligibility with its proposal;
(i) A statement as to whether a design-build team that is selected as a finalist pursuant to section 7 of this act but is not awarded the design-build contract pursuant to section 8 of this act will be partially reimbursed for the cost of preparing a final proposal and, if so, an estimate of the amount of the partial reimbursement; and
(j) The date by which preliminary proposals must be submitted to the public body, which must not be less than 30 days or more than 60 days after the date on which the request for preliminary proposals is first published in a newspaper pursuant to subsection 1.
Sec. 6. To qualify to participate in a project for the design and construction of a public work, a design-build team must:
1. Obtain a performance bond and payment bond as required pursuant to NRS 339.025;
2. Obtain insurance covering general liability and liability for errors and omissions;
3. Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause;
4. Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.145 or 408.333; and
5. Ensure that the members of the design-build team possess the licenses and certificates required to carry out the functions of their respective professions within this state.
Sec. 7. 1. At least 30 days after the date by which preliminary proposals must be submitted to the public body, the public body shall select at least three but not more than five finalists from among the design-build teams that submitted preliminary proposals. If the public body does not receive at least three preliminary proposals from design-build teams that the public body determines to be qualified pursuant to this section and section 6 of this act, the public body may not contract with a design-build team for the design and construction of the public work.
2. The public body shall select finalists pursuant to subsection 1 by:
(a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of section 6 of this act; and
(b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of:
(1) The professional qualifications and experience of the members of the design-build team;
κ1999 Statutes of Nevada, Page 3471 (CHAPTER 627, SB 475)κ
(2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any;
(3) The safety programs established and the safety records accumulated by the members of the design-build team; and
(4) The proposed plan of the design-build team to manage the design and construction of the public work that sets forth in detail the ability of the design-build team to design and construct the public work.
Sec. 8. 1. After selecting the finalists pursuant to section 7 of this act, the public body shall provide to each finalist a request for final proposals for the public work. The request for final proposals must:
(a) Set forth the factors that the public body will use to select a design-build team to design and construct the public work, including the relative weight to be assigned to each factor; and
(b) Set forth the date by which final proposals must be submitted to the public body.
2. A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the public body will use to select a design-build team to design and construct the public work described in subsection 1 and comply with the provisions of NRS 338.144. If the cost of construction is a factor in the selection of a design-build team, a design-build team whose prime contractor has submitted with its proposal a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.147 or section 11 of Assembly Bill No. 298 of this session shall be deemed to have submitted a better proposal than a competing design-build team whose prime contractor has not submitted such a certificate of eligibility if the amount proposed by the design-build team is not more than 5 percent higher than the amount proposed by the competing design-build team.
3. At least 30 days after receiving the final proposals for the public work, the public body shall:
(a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsection 1; or
(b) Reject all the final proposals.
4. If a public body selects a final proposal pursuant to paragraph (a) of subsection 3, the public body shall, at its next regularly scheduled meeting:
(a) Review and ratify the selection.
(b) Award the design-build contract to the design-build team whose proposal is selected.
(c) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (i) of subsection 2 of section 5 of this act. The amount of reimbursement must not exceed, for each unsuccessful finalist, three percent of the total amount to be paid to the design-build team as set forth in the design-build contract.
κ1999 Statutes of Nevada, Page 3472 (CHAPTER 627, SB 475)κ
(d) Make available to the public a summary setting forth the factors used by the public body to select the successful design-build team and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.
5. A contract awarded pursuant to this section must specify:
(a) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;
(b) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and
(c) A date by which performance of the work required by the contract must be completed.
6. A design-build team to whom a contract is awarded pursuant to this section shall:
(a) Assume overall responsibility for ensuring that the design and construction of the public work is completed in a satisfactory manner; and
(b) Use the work force of the prime contractor on the design-build team to construct at least 15 percent of the public work.
Sec. 9. A public body may employ a registered architect or licensed professional engineer as a consultant to assist the public body in overseeing the construction of a public work. An architect or engineer so employed shall not:
1. Construct the public work; or
2. Assume overall responsibility for ensuring that the construction of the public work is completed in a satisfactory manner.
Sec. 10. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. Design-build contract means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
3. Design-build team means an entity that consists of:
(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to NRS 624.230 to 624.320, inclusive; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.
κ1999 Statutes of Nevada, Page 3473 (CHAPTER 627, SB 475)κ
4. Design professional means a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.
5. Eligible bidder means a person who is:
(a) Found to be a responsible and responsive contractor by a local government which requests bids for a public work in accordance with paragraph (b) of subsection 1 of section 2 of [this act;] Assembly Bill No. 298 of this session; or
(b) Determined by a public body which awarded a contract for a public work pursuant to sections 3 to 11, inclusive, of [this act,] Assembly Bill No. 298 of this session, to be qualified to bid on that contract pursuant to section 5 of [this act] Assembly Bill No. 298 of this session or was exempt from meeting such qualifications pursuant to section 6 of [this act.
3.] Assembly Bill No. 298 of this session.
6. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
[4.] 7. Offense means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; or
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS.
[5.] 8. Prime contractor means a person who:
(a) Contracts to [complete] construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his own work force to perform all or a part of the construction, repair or reconstruction of the project; and
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
[6.] 9. Public body means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
[7.] 10. Public work means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
κ1999 Statutes of Nevada, Page 3474 (CHAPTER 627, SB 475)κ
(8) Public parks and playgrounds;
(9) Public convention facilities which are financed at least in part with public funds; and
(10) Any other publicly owned works and property whose cost as a whole exceeds $20,000.
Each separate unit that is a part of a project is included in the cost of the project to determine whether a project meets that threshold.
(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this state or from federal money.
[8.] 11. Specialty contractor means a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.
12. Stand-alone underground utility project means an underground utility project that is not integrated into a larger project, including, without limitation:
(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and
(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,
that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of section 2 of this act.
13. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.
[9.] 14. Workman means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman. The term does not include a design professional . [as that term is defined in NRS 338.155.]
Sec. 11. NRS 338.143 is hereby amended to read as follows:
338.143 1. Except as otherwise provided in subsection 6 and NRS 338.1907, a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (b) of subsection 1 of section 2 of [this act,] Assembly Bill No. 298 of this session, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents that local government, shall not:
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
κ1999 Statutes of Nevada, Page 3475 (CHAPTER 627, SB 475)κ
2. Except as otherwise provided in subsection 6, a local government that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The local government shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the local government to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
4. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
5. Before a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the project itself.
6. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; [or]
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993 [.] ; or
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to sections 2 to 9, inclusive, of this act.
κ1999 Statutes of Nevada, Page 3476 (CHAPTER 627, SB 475)κ
Sec. 12. NRS 338.143 is hereby amended to read as follows:
338.143 1. Except as otherwise provided in subsection 6, a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (b) of subsection 1 of section 2 of [this act,] Assembly Bill No. 298 of this session, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents that local government, shall not:
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 6, a local government that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The local government shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the local government to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
4. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
5. Before a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
κ1999 Statutes of Nevada, Page 3477 (CHAPTER 627, SB 475)κ
(e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the project itself.
6. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; [or]
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993.
Sec. 13. NRS 338.147 is hereby amended to read as follows:
338.147 1. Except as otherwise provided in NRS 338.143 [,] and sections 2 to 9, inclusive, of this act, a local government shall award a contract for a public work to the contractor who submits the best bid.
2. Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:
(a) Has been found to be a responsible and responsive contractor by the local government; and
(b) At the time he submits his bid, provides to the local government a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors board pursuant to subsection 3,
shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. The state contractors board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:
(a) Paid:
(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
(2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and motor vehicle privilege tax; or
κ1999 Statutes of Nevada, Page 3478 (CHAPTER 627, SB 475)κ
(b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
4. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:
(a) Sales and use taxes and motor vehicle privilege taxes paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and
(b) Sales and use taxes paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.
5. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.
6. A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.
7. If a contractor who applies to the state contractors board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.
8. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.
9. [If] Except as otherwise provided in subsection 2 of section 8 of this act and subsection 2 of section 27 of this act, if a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.
10. The state contractors board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
κ1999 Statutes of Nevada, Page 3479 (CHAPTER 627, SB 475)κ
11. A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the completion of a public work. A written objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.
12. If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.
Sec. 13.5. NRS 338.147 is hereby amended to read as follows:
338.147 1. Except as otherwise provided in NRS 338.143 , [and sections 2 to 9, inclusive, of this act,] a local government shall award a contract for a public work to the contractor who submits the best bid.
2. Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:
(a) Has been found to be a responsible and responsive contractor by the local government; and
(b) At the time he submits his bid, provides to the local government a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors board pursuant to subsection 3,
shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. The state contractors board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:
(a) Paid:
(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
κ1999 Statutes of Nevada, Page 3480 (CHAPTER 627, SB 475)κ
Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
(2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and motor vehicle privilege tax; or
(b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
4. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:
(a) Sales and use taxes and motor vehicle privilege taxes paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and
(b) Sales and use taxes paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.
5. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.
6. A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.
7. If a contractor who applies to the state contractors board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.
8. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
κ1999 Statutes of Nevada, Page 3481 (CHAPTER 627, SB 475)κ
that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.
9. [Except as otherwise provided in subsection 2 of section 8 of this act and subsection 2 of section 27 of this act, if] If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.
10. The state contractors board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
11. A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the completion of a public work. A written objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.
12. If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.
Sec. 14. NRS 338.155 is hereby amended to read as follows:
338.155 [1.] If a public body enters into a contract with a design professional who is not a member of a design-build team for the provision of services in connection with a public work, the contract:
[(a)] 1. Must set forth:
[(1)] (a) The specific period within which the public body must pay the design professional.
[(2)] (b) The specific period and manner in which the public body may dispute a payment or portion thereof that the design professional alleges is due.
[(3)] (c) The terms of any penalty that will be imposed upon the public body if the public body fails to pay the design professional within the specific period set forth in the contract pursuant to [subparagraph (1).
(4)] paragraph (a).
(d) That the prevailing party in an action to enforce the contract is entitled to reasonable attorneys fees and costs.
κ1999 Statutes of Nevada, Page 3482 (CHAPTER 627, SB 475)κ
[(b)] 2. May set forth the terms of any discount that the public body will receive if the public body pays the design professional within the specific period set forth in the contract pursuant to [subparagraph (1) of] paragraph (a) [.
2. As used in this section, design professional means a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.] of subsection 1.
Sec. 14.5. NRS 341.161 is hereby amended to read as follows:
341.161 1. The board may, with the approval of the interim finance committee when the legislature is not in regular or special session, or with the approval of the legislature by concurrent resolution when the legislature is in regular or special session, let to a contractor licensed under chapter 624 of NRS a contract for services which assist the architect in the design of a project of capital improvement. The board shall for that purpose participate in the development of plans, outlines of specifications and estimates of costs.
2. The board shall adopt regulations establishing procedures for:
(a) The determination of the qualifications of contractors to bid for contracts for services described in subsection 1.
(b) The bidding and awarding of such contracts, subject to the provisions of subsection 3.
(c) The awarding of construction contracts [, subject to the provisions of subsection 4,] based on a final cost of the project which the contractor guarantees will not be exceeded.
(d) The scheduling and controlling of projects.
3. Bids on contracts for services which assist the architect in the design of a project of capital improvement must state separately the contractors cost for:
(a) Assisting the architect in the design of the project.
(b) Obtaining all bids for subcontracts.
(c) Administering the construction contract.
4. [A contractor who is:
(a) Qualified under the regulations of the board to bid for a contract for services described in subsection 1; and
(b) Awarded that contract,
is entitled to be awarded the construction contract for the project if his work under the contract for services is satisfactory to the board and he guarantees a final cost for the project which the board is willing to accept.
5.] A person who furnishes services under a contract awarded pursuant to subsection 1 is a contractor subject to all provisions pertaining to a contractor in Title 28 of NRS.
Sec. 15. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 28, inclusive, of this act.
Sec. 16. As used in sections 16 to 28, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 17 to 20, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 17. Design-build contract means a contract between the department and a design-build team in which the design-build team agrees to design and construct a project.
κ1999 Statutes of Nevada, Page 3483 (CHAPTER 627, SB 475)κ
Sec. 18. Design-build team means an entity that consists of:
1. At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to NRS 624.230 to 624.320, inclusive; and
2. At least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.
Sec. 19. Prime contractor means a person who:
1. Contracts to construct an entire project;
2. Coordinates all work performed on the entire project;
3. Uses his own workforce to perform all or a part of the construction of the project; and
4. Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
Sec. 20. Project means a project for the construction, reconstruction or improvement of a highway.
Sec. 21. 1. The department may contract with a design-build team for the design and construction of a project if the department determines that:
(a) Except as otherwise provided in subsection 2, the estimated cost of the project exceeds $30,000,000; and
(b) Contracting with a design-build team will enable the department to:
(1) Design and construct the project at a cost that is significantly lower than the cost that the department would incur to design and construct the project using a different method;
(2) Design and construct the project in a shorter time than would be required to complete the project using a different method, if exigent circumstances require that the project be designed and constructed within a short time; or
(3) Ensure that the design and construction of the project is properly coordinated, if the project is unique, highly technical and complex in nature.
2. Notwithstanding the provisions of subsection 1, the department may, once in each fiscal year, contract with a design-build team for the design and construction of a project the estimated cost of which is at least $5,000,000 but less than $30,000,000 if the department makes the determinations otherwise required pursuant to paragraph (b) of subsection 1.
Sec. 22. 1. The department shall not contract with a design-build team with respect to a project unless the board makes the determinations, at a public meeting, that are required pursuant to section 21 of this act.
2. If the department is required to hold a public meeting pursuant to this section, the department shall publish notice of the meeting at least once each week for 3 consecutive weeks in:
(a) A newspaper of general circulation published in each county in which the project is proposed to be constructed or, if there is no such newspaper, in a newspaper of general circulation in each county published in this state; and
κ1999 Statutes of Nevada, Page 3484 (CHAPTER 627, SB 475)κ
(b) A newspaper of general circulation in this state.
Sec. 23. If the department desires to contract with a design-build team pursuant to sections 21 and 22 of this act, the department must select the design-build team in accordance with sections 24 to 27, inclusive, of this act.
Sec. 24. 1. The department shall advertise for preliminary proposals for the design and construction of a project by a design-build team at least twice each week for 3 consecutive weeks in:
(a) A newspaper of general circulation published in each county in which the project is proposed to be constructed or, if there is no such newspaper, in a newspaper of general circulation in each county published in this state; and
(b) A newspaper of general circulation in this state.
2. A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:
(a) A description of the proposed project;
(b) Separate estimates of the costs of designing and constructing the project;
(c) The dates on which it is anticipated that the separate phases of the design and construction of the project will begin and end;
(d) A statement setting forth the place and time in which a design-build team desiring to submit a proposal for the project may obtain the information necessary to submit a proposal, including, without limitation, the extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the project that the department determines to be necessary;
(e) A list of the requirements set forth in section 25 of this act;
(f) A list of the factors that the department will use to evaluate design-build teams who submit a proposal for the project, including, without limitation:
(1) The relative weight to be assigned to each factor; and
(2) A disclosure of whether the factors that are not related to cost are, when considered as a group, more or less important in the process of evaluation than the factor of cost;
(g) Notice that a design-build team desiring to submit a proposal for the project must include with its proposal the information used by the department to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of section 26 of this act and a description of that information;
(h) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.147 should submit a copy of the certificate of eligibility with its proposal;
(i) A statement as to whether a bidding design-build team that is selected as a finalist pursuant to section 26 of this act but is not awarded the design-build contract pursuant to section 27 of this act will be partially reimbursed for the cost of preparing a final proposal and, if so, an estimate of the amount of the partial reimbursement; and
κ1999 Statutes of Nevada, Page 3485 (CHAPTER 627, SB 475)κ
(j) The date by which preliminary proposals must be submitted to the department, which must not be less than 30 days or more than 60 days after the date on which the request for preliminary proposals is first published in a newspaper pursuant to subsection 1.
Sec. 25. To qualify to participate in the design and construction of a project for the department, a design-build team must:
1. Obtain a performance bond and payment bond as the department may require;
2. Obtain insurance covering general liability and liability for errors and omissions;
3. Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause;
4. Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.145 or 408.333; and
5. Ensure that the members of the design-build team possess the licenses and certificates required to carry out the functions of their respective professions within this state.
Sec. 26. 1. At least 30 days after the date by which preliminary proposals must be submitted to the department, the department shall select at least three but not more than five finalists from among the design-build teams that submitted preliminary proposals. If the department does not receive at least three preliminary proposals from design-build teams that the department determines to be qualified pursuant to this section and section 25 of this act, the department may not contract with a design-build team for the design and construction of the project.
2. The department shall select finalists pursuant to subsection 1 by:
(a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of section 25 of this act; and
(b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of:
(1) The professional qualifications and experience of the members of the design-build team;
(2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any;
(3) The safety programs established and the safety records accumulated by the members of the design-build team; and
(4) The proposed plan of the design-build team to manage the design and construction of the project that sets forth in detail the ability of the design-build team to design and construct the project.
Sec. 27. 1. After selecting the finalists pursuant to section 26 of this act, the department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:
(a) Set forth the factors that the department will use to select a design-build team to design and construct the project, including the relative weight to be assigned to each factor; and
κ1999 Statutes of Nevada, Page 3486 (CHAPTER 627, SB 475)κ
(b) Set forth the date by which final proposals must be submitted to the department.
2. A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.144. If the cost of construction is a factor in the selection of a design-build team, a design-build team whose prime contractor has submitted with its proposal a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.147 shall be deemed to have submitted a better proposal than a competing design-build team whose prime contractor has not submitted such a certificate of eligibility if the amount proposed by the design-build team is not more than 5 percent higher than the amount proposed by the competing design-build team.
3. At least 30 days after receiving the final proposals for the project, the department shall:
(a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsection 1; or
(b) Reject all the final proposals.
4. If the department selects a final proposal pursuant to paragraph (a) of subsection 3, the department shall hold a public meeting to:
(a) Review and ratify the selection.
(b) Award the design-build contract to the design-build team whose proposal is selected.
(c) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (i) of subsection 2 of section 24 of this act. The amount of reimbursement must not exceed, for each unsuccessful finalist, three percent of the total amount to be paid to the design-build team as set forth in the design-build contract.
(d) Make available to the public a summary setting forth the factors used by the department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals. The department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.
5. A contract awarded pursuant to this section must specify:
(a) An amount that is the maximum amount that the department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;
(b) An amount that is the maximum amount that the department will pay for the performance of the professional services required by the contract; and
(c) A date by which performance of the work required by the contract must be completed.
6. A design-build team to whom a contract is awarded pursuant to this section shall:
κ1999 Statutes of Nevada, Page 3487 (CHAPTER 627, SB 475)κ
(a) Assume overall responsibility for ensuring that the design and construction of the project is completed in a satisfactory manner; and
(b) Use the work force of the prime contractor on the design-build team to construct at least 15 percent of the project.
Sec. 28. The department may employ a registered architect or licensed professional engineer as a consultant to assist the department in overseeing the construction of a project. An architect or engineer so employed shall not:
1. Construct, reconstruct or improve the highway; or
2. Assume overall responsibility for ensuring that the construction of the project is completed in a satisfactory manner.
Sec. 29. NRS 408.215 is hereby amended to read as follows:
408.215 1. The director has charge of all the records of the department, keeping records of all proceedings pertaining to the department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the department, except those financial statements described in NRS 408.333 [,] and the financial or proprietary information described in paragraph (d) of subsection 4 of section 27 of this act, which must not become matters of public record.
2. The director may photograph, microphotograph or film or dispose of the records of the department referred to in subsection 1 as provided in NRS 239.051, 239.080 and 239.085.
3. The director shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the department.
4. The director shall adopt such regulations as may be necessary to carry out and enforce the provisions of this chapter.
Sec. 30. NRS 408.317 is hereby amended to read as follows:
408.317 1. [All] Except as otherwise provided in sections 16 to 28, inclusive, of this act, all work of construction, reconstruction, improvement and maintenance of highways as provided under the provisions of this chapter is under the supervision and direction of the director and must be performed in accordance with the plans, specifications and contracts prepared by him.
2. All maintenance and repair of highways when performed by the department must be paid out of the state highway fund.
Sec. 31. NRS 408.327 is hereby amended to read as follows:
408.327 Except as otherwise provided in sections 16 to 28, inclusive, of this act:
1. Whenever the provisions of NRS 408.323 do not apply, the director shall advertise for bids for such work according to the plans and specifications prepared by him.
2. The advertisement must state the place where the bidders may obtain or inspect the plans and specifications and the time and place for opening the plans and specifications.
3. Publication of the advertisement must be made at least once a week for 2 consecutive weeks for a total of at least two publications in a newspaper of general circulation in the county in which the major portion of the proposed improvement or construction is to be made, and the advertisement must also be published at least once a week for 2 consecutive weeks for a total of at least two publications in one or more daily papers of general circulation throughout the state.
κ1999 Statutes of Nevada, Page 3488 (CHAPTER 627, SB 475)κ
total of at least two publications in one or more daily papers of general circulation throughout the state. The first publication of the advertisement in the daily newspapers having general circulation throughout the state must be made not less than 15 days before the time set for opening bids.
Sec. 32. NRS 408.333 is hereby amended to read as follows:
408.333 Except as otherwise provided in sections 16 to 28, inclusive, of this act:
1. Before furnishing any person proposing to bid on any advertised work with the plans and specifications for such work, the director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which must include a complete statement of the persons financial ability and experience in performing public work of a similar nature.
2. Such statements must be filed with the director in ample time to permit the department to verify the information contained therein in advance of furnishing proposal forms, plans and specifications to any person proposing to bid on the advertised public work, in accordance with the regulations of the department.
3. Whenever the director is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement, he may refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. Any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance with this section must be disregarded, and the certified check, cash or undertaking of such a bidder returned forthwith.
4. Any person who is disqualified by the director, in accordance with the provisions of this section, may request, in writing, a hearing before the director and present again his check, cash or undertaking and such further evidence with respect to his financial responsibility, organization, plant and equipment, or experience, as might tend to justify, in his opinion, issuance to him of the plans and specifications for the work.
5. Such a person may appeal the decision of the director to the board no later than 5 days before the opening of the bids on the project. If the appeal is sustained by the board, the person must be granted the rights and privileges of all other bidders.
Sec. 33. NRS 408.337 is hereby amended to read as follows:
408.337 Except as otherwise provided in sections 16 to 28, inclusive, of this act:
1. All bids must be accompanied by an undertaking executed by a corporate surety authorized to do business in the state, or by cash or a certified check in an amount equal to at least 5 percent of the amount bid.
2. If the successful bidder fails to execute the contract in accordance with his bid and give any bond required by law and the contract and bond are not postmarked or delivered to the department within 20 days after award of the contract, the undertaking, cash or certified check is forfeited and the proceeds must be paid into the state highway fund.
3. The failure of the successful bidder to furnish any bond required of him by law within the time fixed for his execution of the contract constitutes a failure to execute the contract.
κ1999 Statutes of Nevada, Page 3489 (CHAPTER 627, SB 475)κ
4. If the director deems it is for the best interests of the state, he may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder. If the second lowest responsible bidder fails or refuses to execute the contract, the director may likewise award it to the third lowest responsible bidder. On the failure or refusal to execute the contract of the second or third lowest bidder to whom a contract is so awarded, their bidders security is likewise forfeited to the state.
5. The bidders security of the second and third lowest responsible bidders may be withheld by the department until the contract has been finally executed and the bond given as required under the provisions of the contract, at which time the security must be returned. The bidders security submitted by all other unsuccessful bidders must be returned to them within 10 days after the contract is awarded.
Sec. 34. NRS 408.343 is hereby amended to read as follows:
408.343 Except as otherwise provided in sections 16 to 28, inclusive, of this act:
1. All bids must be submitted under sealed cover and received at the address in Nevada stated in the advertisement for bids and must be opened publicly and read at the time stated in the advertisement.
2. No bids may be received after the time stated in the advertisement even though bids are not opened exactly at the time stated in the advertisement. No bid may be opened before that time.
3. Any bid may be withdrawn at any time before the time stated in the advertisement only by written request or telegram filed with the director and executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid before the time stated in the advertisement.
4. The department may reject any bid or all bids if, in the opinion of the department, the bids are unbalanced, incomplete, contain irregularities of any kind or for any good cause.
5. Until the final award of the contract, the department may reject or accept any bids and may waive technical errors contained in the bids, as may be deemed best for the interests of the state.
6. In awarding a contract, the department shall make the award to the lowest responsible bidder who has qualified and submitted his bid in accordance with the provisions of this chapter.
Sec. 35. NRS 625.530 is hereby amended to read as follows:
625.530 Except as otherwise provided in sections 2 to 9, inclusive, and 16 to 28, inclusive, of this act:
1. The State of Nevada or any of its political subdivisions, including a county, city or town, shall not engage in any public work requiring the practice of professional engineering or land surveying, unless the maps, plans, specifications, reports and estimates have been prepared by, and the work executed under the supervision of, a professional engineer, professional land surveyor or registered architect.
2. The provisions of this section do not:
(a) Apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $35,000.
κ1999 Statutes of Nevada, Page 3490 (CHAPTER 627, SB 475)κ
(b) Include any maintenance work undertaken by the State of Nevada or its political subdivisions.
(c) Authorize a professional engineer, registered architect or professional land surveyor to practice in violation of any of the provisions of chapter 623 of NRS or this chapter.
(d) Require the services of an architect registered pursuant to the provisions of chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if those buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.
3. The selection of a professional engineer, professional land surveyor or registered architect to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the engineer, land surveyor or architect for the type of services to be performed and not on the basis of competitive fees. If, after selection of the engineer, land surveyor or architect, an agreement upon a fair and reasonable fee cannot be reached with him, the public agency may terminate negotiations and select another engineer, land surveyor or architect.
Sec. 35.2. Section 11 of this act is hereby amended to read as follows:
Sec. 11. NRS 338.143 is hereby amended to read as follows:
338.143 1. Except as otherwise provided in subsection 6 and NRS 338.1907, a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (b) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents that local government, shall not:
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 6, a local government that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The local government shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the local government to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
κ1999 Statutes of Nevada, Page 3491 (CHAPTER 627, SB 475)κ
4. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
5. Before a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the project itself.
6. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; or
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993 . [; or
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to sections 2 to 9, inclusive, of this act.]
Sec. 35.4. Assembly Bill No. 298 of this session is hereby amended by adding thereto new sections designated sections 19.2 through 19.6, following sec. 19, to read as follows:
Sec. 19.2. Section 8 of this act is hereby amended to read as follows:
Sec. 8. 1. Except as otherwise provided in subsection 7 and NRS 338.1906 and 338.1907, this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the state or the local government, shall not:
κ1999 Statutes of Nevada, Page 3492 (CHAPTER 627, SB 475)κ
person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the state or the local government, shall not:
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 7, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Each advertisement for bids must include a provision that sets forth:
(a) The requirement that a contractor must be qualified pursuant to section 5 of this act to bid on the contract or must be exempt from meeting such qualifications pursuant to section 6 of this act; and
(b) The period during which an application to qualify as a bidder on the contract must be submitted.
4. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
5. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not a qualified bidder pursuant to section 5 of this act, unless the bidder is exempt from meeting such qualifications pursuant to section 6 of this act;
(b) The bidder is not responsive;
(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(d) The public interest would be served by such a rejection.
6. Before the state or a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
κ1999 Statutes of Nevada, Page 3493 (CHAPTER 627, SB 475)κ
prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the state or the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the state or the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the state or the local government expects to save by rejecting the bids and performing the project itself.
7. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; or
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993 . [; or
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to sections 2 to 9, inclusive, of Senate Bill No. 475 of this session.]
Sec. 19.4. Section 8 of this act is hereby amended to read as follows:
Sec. 8. 1. Except as otherwise provided in subsection 7 , [and NRS 338.1906 and 338.1907,] this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the state or the local government, shall not:
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 7, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work.
κ1999 Statutes of Nevada, Page 3494 (CHAPTER 627, SB 475)κ
$100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Each advertisement for bids must include a provision that sets forth:
(a) The requirement that a contractor must be qualified pursuant to section 5 of this act to bid on the contract or must be exempt from meeting such qualifications pursuant to section 6 of this act; and
(b) The period during which an application to qualify as a bidder on the contract must be submitted.
4. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
5. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not a qualified bidder pursuant to section 5 of this act, unless the bidder is exempt from meeting such qualifications pursuant to section 6 of this act;
(b) The bidder is not responsive;
(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(d) The public interest would be served by such a rejection.
6. Before the state or a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the state or the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the state or the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
κ1999 Statutes of Nevada, Page 3495 (CHAPTER 627, SB 475)κ
(e) An estimate of the amount of money the state or the local government expects to save by rejecting the bids and performing the project itself.
7. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; or
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993.
Sec. 19.6. Section 11 of this act is hereby amended to read as follows:
Sec. 11. 1. Except as otherwise provided in section 8 of this act , [and sections 2 to 9, inclusive, of Senate Bill No. 475 of this session,] a public body shall award a contract for a public work to the contractor who submits the best bid.
2. Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:
(a) Has been determined by the public body to be a qualified bidder pursuant to section 5 of this act or is exempt from meeting such requirements pursuant to section 6 of this act; and
(b) At the time he submits his bid, provides to the public body a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors board pursuant to subsection 3,
shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. The state contractors board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:
(a) Paid:
(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
κ1999 Statutes of Nevada, Page 3496 (CHAPTER 627, SB 475)κ
(2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and motor vehicle privilege tax; or
(b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
4. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:
(a) Sales and use taxes and motor vehicle privilege taxes paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and
(b) Sales and use taxes paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.
5. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.
6. A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.
7. If a contractor who applies to the state contractors board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.
8. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.
κ1999 Statutes of Nevada, Page 3497 (CHAPTER 627, SB 475)κ
of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.
9. [Except as otherwise provided in subsection 2 of section 8 of Senate Bill No. 475 of this session, if] If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.
10. The state contractors board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
11. A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.
12. If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.
Sec. 35.6. Sections 8, 11, 12 and 21 of Assembly Bill No. 298 of this session are hereby amended to read as follows:
Sec. 8. 1. Except as otherwise provided in subsection 7 and NRS 338.1906 and 338.1907, this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the state or the local government, shall not:
κ1999 Statutes of Nevada, Page 3498 (CHAPTER 627, SB 475)κ
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 7, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Each advertisement for bids must include a provision that sets forth:
(a) The requirement that a contractor must be qualified pursuant to section 5 of this act to bid on the contract or must be exempt from meeting such qualifications pursuant to section 6 of this act; and
(b) The period during which an application to qualify as a bidder on the contract must be submitted.
4. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
5. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not a qualified bidder pursuant to section 5 of this act, unless the bidder is exempt from meeting such qualifications pursuant to section 6 of this act;
(b) The bidder is not responsive;
(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(d) The public interest would be served by such a rejection.
6. Before the state or a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
κ1999 Statutes of Nevada, Page 3499 (CHAPTER 627, SB 475)κ
(a) A list of all persons, including supervisors, whom the state or the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the state or the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the state or the local government expects to save by rejecting the bids and performing the project itself.
7. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district;
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993; or
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to sections 2 to 9, inclusive, of Senate Bill No. 475 of this session.
Sec. 11. 1. Except as otherwise provided in section 8 of this act and sections 2 to 9, inclusive, of Senate Bill No. 475 of this session, a public body shall award a contract for a public work to the contractor who submits the best bid.
2. Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:
(a) Has been determined by the public body to be a qualified bidder pursuant to section 5 of this act or is exempt from meeting such requirements pursuant to section 6 of this act; and
(b) At the time he submits his bid, provides to the public body a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors board pursuant to subsection 3,
shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. The state contractors board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:
κ1999 Statutes of Nevada, Page 3500 (CHAPTER 627, SB 475)κ
certified public accountant setting forth that the general contractor has:
(a) Paid:
(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
(2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and motor vehicle privilege tax; or
(b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
4. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:
(a) Sales and use taxes and motor vehicle privilege taxes paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and
(b) Sales and use taxes paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.
5. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.
6. A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.
7. If a contractor who applies to the state contractors board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.
κ1999 Statutes of Nevada, Page 3501 (CHAPTER 627, SB 475)κ
public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.
8. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.
9. Except as otherwise provided in subsection 2 of section 8 of Senate Bill No. 475 of this session, if a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.
10. The state contractors board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
11. A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.
12. If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.
κ1999 Statutes of Nevada, Page 3502 (CHAPTER 627, SB 475)κ
Sec. 12. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. Eligible bidder means a person who was [found] :
(a) Found to be a responsible contractor by a [public body] local government which awarded a contract for a public work [.] in accordance with paragraph (b) of subsection 1 of section 2 of this act; or
(b) Determined by a public body which awarded a contract for a public work pursuant to sections 3 to 11, inclusive, of this act, to be qualified to bid on that contract pursuant to section 5 of this act or was exempt from meeting such qualifications pursuant to section 6 of this act.
3. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
4. Offense means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; or
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS.
[4.] 5. Public body means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
[5.] 6. Public work means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds;
(9) Public convention facilities which are financed at least in part with public funds; and
κ1999 Statutes of Nevada, Page 3503 (CHAPTER 627, SB 475)κ
(10) [All] Any other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit which is a part of a project is included in the cost of the project for the purpose of determining whether a project meets this threshold.
(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by [the] this state or from federal money.
[6.] 7. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.
[7.] 8. Workman means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman.
Sec. 21. 1. This section and sections 2 to 7, inclusive, 10 to 14, inclusive, 16 to 19, inclusive, and 20 of this act become effective on October 1, 1999.
2. Section 8 of this act becomes effective on October 1, 1999, and expires by limitation on October 1, 2003.
3. Sections 19.2 and 19.6 of this act become effective on October 1, 2003.
4. Sections 15 and 19.4 of this act become effective at 12:01 a.m. on May 1, 2013.
5. Sections 14, 18, 19 and 19.2 of this act expire by limitation on May 1, 2013.
Sec. 35.8. Section 4 of Senate Bill No. 144 of this session is hereby amended to read as follows:
Sec. 4. Contractor means : [a]
1. A person who:
[1.] (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that he is not required to be licensed pursuant to chapter 624 of NRS; and
[2.] (b) Contracts with a public body to provide labor, materials or services for a public work.
2. A design-build team that contracts with a public body to design and construct a public work pursuant to sections 2 to 9, inclusive, of Senate Bill No. 475 of this session.
Sec. 36. NRS 341.171 and section 9 of Assembly Bill No. 298 of this session are hereby repealed.
Sec. 37. 1. The interim advisory committee to study the use of design-build contracting within this state is hereby created. The interim advisory committee consists of 16 members who are appointed as follows:
(a) One member appointed by the Northern Nevada Chapter of the Associated General Contractors.
(b) One member appointed by the Southern Nevada Chapter of the Associated General Contractors.
κ1999 Statutes of Nevada, Page 3504 (CHAPTER 627, SB 475)κ
(c) One member appointed by the Northern Nevada Chapter of the Associated Builders and Contractors.
(d) One member appointed by the Southern Nevada Chapter of the Associated Builders and Contractors.
(e) One member appointed by the Nevada chapter of the American Institute of Architecture.
(f) One member appointed by the American Consulting Engineers Council of Nevada.
(g) One member appointed by the Department of Transportation of the State of Nevada.
(h) One member appointed by the Southern Nevada Water Authority.
(i) One member appointed by the Board of County Commissioners of Clark County.
(j) One member appointed by the governing body of the City of Las Vegas.
(k) One member appointed by the governing body of the City of Henderson.
(l) One member appointed by the governing body of the City of North Las Vegas.
(m) One member appointed by the Nevada Contractors Association.
(n) One member appointed by the Board of County Commissioners of Washoe County.
(o) One member appointed by the governing body of the City of Reno.
(p) One member appointed by the governing body of the City of Sparks.
2. Members of the interim advisory committee shall serve without compensation, travel expenses or subsistence allowances, except as they may be provided by the members respective agencies and organizations.
3. The interim advisory committee created pursuant to subsection 1 shall:
(a) Examine the methods of design-build contracting that are authorized to be used pursuant to the provisions of this act; and
(b) Submit a report regarding its findings to the 72nd session of the Nevada Legislature, accompanied by any suggestions for legislation that the interim advisory committee determines to be advisable.
Sec. 38. 1. This section and sections 35.4 and 35.6 of this act become effective on October 1, 1999.
2. Sections 1 to 9, inclusive, 14 to 35, inclusive, 36 and 37 of this act become effective on October 1, 1999, and expire by limitation on October 1, 2003.
3. Sections 10, 13 and 35.8 of this act become effective at 12:01 a.m. on October 1, 1999, and expire by limitation on October 1, 2003.
4. Section 11 of this act becomes effective at 12:01 a.m. on October 1, 1999, and expires by limitation on May 1, 2013.
5. Section 13.5 of this act becomes effective at 12:01 a.m. on October 1, 2003.
6. Section 35.2 of this act becomes effective at 12:01 a.m. on October 1, 2003 and expires by limitation on May 1, 2013.
7. Section 12 of this act becomes effective at 12:02 a.m. on May 1, 2013.
________
κ1999 Statutes of Nevada, Page 3505κ
Assembly Bill No. 170Assemblyman Nolan
CHAPTER 628
AN ACT relating to the legislature; authorizing the use of the supplemental allowance provided for legislators to pay the costs of additional housing during a regular legislative session under certain circumstances; and providing other matters properly relating thereto.
[Approved June 11, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:
(a) A per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City Area, for one days travel to and one days travel from the session or conference.
(b) Travel expenses.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental allowance which must not exceed:
(a) A total of $6,800 during each regular session of the legislature for:
(1) His actual expenses in moving to and from Carson City for the session;
(2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business; [and]
(3) If he rents furniture for his temporary residence rather than moving similar furniture from his home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from his home; and
(4) If:
(I) His home is more than 50 miles from Carson City; and
(II) He maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for occupancy during a regular legislative session,
the cost of such additional housing, paid at the end of each month during the legislative session, beginning the month of the first day of the legislative session and ending the month of the adjournment sine die of the legislative session, in an amount that is the fair market rent for a one bedroom unit in Carson City as published by the United States Department of Housing and Urban Development prorated for the number of days of the month that he actually maintained the temporary quarters in or near Carson City.
κ1999 Statutes of Nevada, Page 3506 (CHAPTER 628, AB 170)κ
of Housing and Urban Development prorated for the number of days of the month that he actually maintained the temporary quarters in or near Carson City. For the purposes of this subparagraph, any day before the first day of the legislative session or after the day of the adjournment sine die of the legislative session may not be counted as a day for which he actually maintained such temporary quarters; and
(b) A total of $1,000 during each special session of the legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business.
4. Each senator and assemblyman is entitled to receive a per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area, for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.
5. Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
(a) The legislature has adjourned until a time certain; and
(b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.
6. In addition to the per diem expense allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:
(a) The legislature has adjourned for more than 4 days; and
(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting.
7. Each senator and assemblyman is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:
(a) The legislature has adjourned for more than 4 days; and
(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting,
if the senator or assemblyman is not entitled to the per diem expense allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.
κ1999 Statutes of Nevada, Page 3507 (CHAPTER 628, AB 170)κ
8. Each senator and assemblyman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $300 during each special session of the legislature.
9. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
10. Claims for expenses made under the provisions of this section must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a legislative session and upon completion of a presession orientation conference.
11. A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the senator or assemblyman submits a signed statement affirming:
(a) The date of the travel; and
(b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.
12. Travel expenses authorized by subsections 2 and 3 are limited to:
(a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more legislators travel in the same private conveyance, the legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.
(b) If the travel is not by private conveyance, the actual amount expended.
Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.
________
κ1999 Statutes of Nevada, Page 3508κ
Assembly Bill No. 224Assemblymen Giunchigliani, Anderson, Bache, Freeman, Parnell, Koivisto, McClain, Angle, Claborn, Mortenson, de Braga, Nolan, Leslie, Dini, Tiffany, Evans, Parks, Arberry, Williams, Thomas, Collins, Manendo, Ohrenschall, Price, Beers, Goldwater, Buckley, Neighbors, Cegavske, Hettrick, Marvel, Perkins, Berman, Segerblom, Gibbons, Brower, Gustavson, Humke, Chowning, Lee and Carpenter
CHAPTER 629
AN ACT making an appropriation to the Department of Education for certain nonprofit public broadcasting stations that primarily serve educational, informational and cultural needs of communities in Nevada; and providing other matters properly relating thereto.
[Approved June 11, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Education the sum of $300,000 for the support of nonprofit public broadcasting stations in Nevada whose programs are devoted primarily to serving the educational, informational and cultural needs of the communities in Nevada.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 238Assemblymen Evans, Manendo, Gibbons, Humke, Williams, Goldwater, Segerblom, Chowning, Giunchigliani, Arberry, Hettrick, Freeman and Cegavske
CHAPTER 630
AN ACT relating to public health; requiring the establishment and maintenance of a system for the collection and analysis of information concerning birth defects and other adverse birth outcomes; restricting access to and the use of information obtained by the system; making various changes to the Uniform Anatomical Gift Act; and providing other matters properly relating thereto.
[Approved June 11, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:
Section 1. NRS 440.170 is hereby amended to read as follows:
440.170 1. All certificates in the custody of the state registrar are open to inspection subject to the provisions of this chapter. It [shall be] is unlawful for any employee of the state to disclose data contained in vital statistics, except as authorized by this chapter or by the board.