[Rev. 2/11/2019 1:23:24 PM]
κ2001 Statutes of Nevada, Page 481κ
Assembly Bill No. 148Assemblyman Brower
CHAPTER 61
AN ACT relating to the judicial department; revising provisions to allow stays of court proceedings if a legislator was hired as an attorney before the start of a legislative session regardless of whether the legislator was hired before the action was commenced; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 1.310 is hereby amended to read as follows:
1.310 1. If a party to any action or proceeding in any court or before any administrative body is a member of the legislature of the State of Nevada, or is president of the senate, [such fact shall be] that fact is sufficient cause for the adjournment or continuance of [such] the action or proceeding , including, without limitation, any discovery or other pretrial or posttrial matter involved in the action or proceeding, for the duration of any legislative session.
2. If an attorney for a party to any action or proceeding in any court or before any administrative body, who was actually employed [prior to] before the commencement of [such action or proceeding,] any legislative session, is a member of the legislature of the State of Nevada, or is president of the senate, [such fact shall be] that fact is sufficient cause for the adjournment or continuance of [such] the action or proceeding , including, without limitation, any discovery or other pretrial or posttrial matter involved in the action or proceeding, for the duration of any legislative session.
3. The adjournment or continuance provided for in subsections 1 and 2 [shall] must be granted without the imposition of terms.
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Assembly Bill No. 149Committee on Commerce and Labor
CHAPTER 62
AN ACT relating to apprenticeships; requiring the state apprenticeship council to deny an application for approval or to suspend, terminate, cancel, place conditions upon or place on probation an approved program of apprenticeship based upon certain violations specified by regulations adopted by the council; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 610.095 is hereby amended to read as follows:
610.095 The state apprenticeship council shall:
1. Register and approve or reject proposed programs and standards for apprenticeship.
κ2001 Statutes of Nevada, Page 482 (CHAPTER 62, AB 149)κ
2. After providing notice and a hearing and for good cause shown, deny an application for approval of a program, suspend, terminate, cancel or place conditions upon any approved program, or place an approved program on probation [.] for any violation of the provisions of this Title as specified in regulations adopted by the state apprenticeship council.
Sec. 2. This act becomes effective upon passage and approval for the purpose of adopting regulations by the state apprenticeship council to carry out the provisions of section 1 of this act and on January 1, 2002, for all other purposes.
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Assembly Bill No. 152Committee on Commerce and Labor
CHAPTER 63
AN ACT relating to trade practices; authorizing a court to award reasonable attorneys fees and costs in certain actions relating to deceptive trade practices; providing that certain monopolies and other trade practices are unlawful if they monopolize trade or commerce in this state; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 598.0999 is hereby amended to read as follows:
598.0999 1. A person who violates a court order or injunction issued pursuant to NRS 598.0903 to 598.0997, inclusive, 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 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.
2. In any action brought pursuant to NRS 598.0903 to 598.0999, inclusive, 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. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorneys fees and costs.
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, other than a deceptive trade practice described in NRS 598.992:
(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.
κ2001 Statutes of Nevada, Page 483 (CHAPTER 63, AB 152)κ
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, 598.100 to 598.2801, inclusive, 598.281 to 598.289, inclusive, 598.840 to 598.966, inclusive, or 598.992, 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
(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. 2. NRS 598A.060 is hereby amended to read as follows:
598A.060 1. Every activity enumerated [below] in this [section] subsection constitutes a contract, combination or conspiracy in restraint of trade, and it is unlawful to conduct any part of any such activity in this state:
[1.] (a) Price fixing, which consists of raising, depressing, fixing, pegging or stabilizing the price of any commodity or service, and which includes, but is not limited to:
[(a)] (1) Agreements among competitors to depress prices at which they will buy essential raw material for the end product.
[(b)] (2) Agreements to establish prices for commodities or services.
[(c)] (3) Agreements to establish uniform discounts, or to eliminate discounts.
[(d)] (4) Agreements between manufacturers to price a premium commodity a specified amount above inferior commodities.
[(e)] (5) Agreements not to sell below cost.
[(f)] (6) Agreements to establish uniform trade-in allowances.
[(g)] (7) Establishment of uniform cost surveys.
[(h)] (8) Establishment of minimum markup percentages.
[(i)] (9) Establishment of single or multiple basing point systems for determining the delivered price of commodities.
[(j)] (10) Agreements not to advertise prices.
[(k)] (11) Agreements among competitors to fix uniform list prices as a place to start bargaining.
[(l)] (12) Bid rigging, including the misuse of bid depositories, foreclosures of competitive activity for a period of time, rotation of jobs among competitors, submission of identical bids, and submission of complementary bids not intended to secure acceptance by the customer.
[(m)] (13) Agreements to discontinue a product, or agreements with anyone engaged in the manufacture of competitive lines to limit size, styles or quantities of items comprising the lines.
[(n)] (14) Agreements to restrict volume of production.
[2.] (b) Division of markets, consisting of agreements between competitors to divide territories and to refrain from soliciting or selling in certain areas.
[3.] (c) Allocation of customers, consisting of agreements not to sell to specified customers of a competitor.
κ2001 Statutes of Nevada, Page 484 (CHAPTER 63, AB 152)κ
[4.] (d) Tying arrangements, consisting of contracts in which the seller or lessor conditions the sale or lease of commodities or services on the purchase or leasing of another commodity or service.
(e) Monopolization of trade or commerce in this state, including, without limitation, attempting to monopolize or otherwise combining or conspiring to monopolize trade or commerce in this state.
(f) Except as otherwise provided in subsection 2, consolidation, conversion, merger, acquisition of shares of stock or other equity interest, directly or indirectly, of another person engaged in commerce in this state or the acquisition of any assets of another person engaged in commerce in this state that may:
(1) Result in the monopolization of trade or commerce in this state or would further any attempt to monopolize trade or commerce in this state; or
(2) Substantially lessen competition or be in restraint of trade.
2. The provisions of paragraph (f) of subsection 1 do not:
(a) Apply to a person who, solely for an investment purpose, purchases stock or other equity interest or assets of another person if the purchaser does not use his acquisition to bring about or attempt to bring about the substantial lessening of competition in this state.
(b) Prevent a person who is engaged in commerce in this state from forming a subsidiary corporation or other business organization and owning and holding all or part of the stock or equity interest of that corporation or organization.
Sec. 3. The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.
Sec. 4. This act becomes effective on July 1, 2001.
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Assembly Bill No. 181Committee on Government Affairs
CHAPTER 64
AN ACT relating to local government; revising the membership of the county fair and recreation board in certain less populous counties; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.599 is hereby amended to read as follows:
244A.599 1. Whenever the board of county commissioners of any county or the board of supervisors of Carson City desires the powers granted in NRS 244A.597 to 244A.667, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of those powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244A.597 to 244A.667, inclusive. After approval of the resolution, the county or city clerk shall:
(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county or city; and
κ2001 Statutes of Nevada, Page 485 (CHAPTER 64, AB 181)κ
(b) In the case of a county, cause a certified copy of the resolution to be mailed by registered or certified mail to the mayor or other chief executive officer of each incorporated city within the county.
2. In counties whose population is 100,000 or more, the county fair and recreation board must be selected as provided in NRS 244A.601 or 244A.603.
3. In counties whose population is [11,000 or more and] less than 100,000, and in which there [is more than one incorporated city,] are more than two incorporated cities, each incorporated city, except an incorporated city which is the county seat, must be represented by one member and any incorporated city which is the county seat must be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered or certified mail to the county clerk.
[3. In all other]
4. In counties whose population is less than 100,000, and in which there are only two incorporated cities, each incorporated city must be represented by one member who must be appointed and certified as provided in subsection 3, and the board of county commissioners shall appoint four representatives as follows:
(a) Two members to represent the hotel or motel operators in the county.
(b) One member to represent the other commercial interests in the county.
(c) One member to represent the county at large.
5. In counties whose population is less than 100,000, and in which there are fewer than two incorporated cities, any incorporated city which is the county seat must be represented by one member, who must be appointed and certified as provided in subsection [2,] 3, and the board of county commissioners shall appoint three representatives as follows:
(a) One member to represent the motel operators in the county.
(b) One member to represent the hotel operators in the county.
(c) One member to represent the other commercial interests in the county.
[4.] 6. In all counties whose population is less than 100,000, one member of the board of county commissioners must be appointed by the county commissioners to serve on the board for the remainder of his term of office.
[5.] 7. In all counties whose population is less than 100,000, and in which there is no incorporated city, the board of county commissioners shall appoint one member to represent the county at large.
[6.] 8. In Carson City , the board of supervisors shall appoint five representatives to the fair and recreation board established as provided in subsection 1 as follows:
(a) Two members to represent the hotel and motel operators in the city.
(b) One member to represent the other commercial interests in the city.
(c) One member who is a member of the board of supervisors.
(d) One member to represent the city at large.
κ2001 Statutes of Nevada, Page 486 (CHAPTER 64, AB 181)κ
[7.] 9. Members who are not elected officials shall serve for 2-year terms.
[8.] 10. The terms of all elected officials are coterminous with their terms of office. Any such member may succeed himself.
Sec. 2. Notwithstanding any specific statute to the contrary, in any county whose population is less than 100,000 and in which there are only two incorporated cities:
1. The term of each member of the county fair and recreation board who is serving in that capacity on July 1, 2001, expires upon the appointment and, if required by the provisions of NRS 244A.599, the certification of his successor.
2. As soon as practicable on or after July 1, 2001, and not later than September 1, 2001, the board of county commissioners, and the mayor or other chief executive officer of each incorporated city, shall appoint the members of the county fair and recreation board as required by NRS 244A.599.
3. As soon as practicable after the members of the county fair and recreation board have been appointed and, if required, certified, the board shall choose its officers in accordance with NRS 244A.611.
4. Any member of the county fair and recreation board who is serving in that capacity on July 1, 2001, may be appointed to succeed himself.
Sec. 3. This act becomes effective on July 1, 2001.
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Assembly Bill No. 203Committee on Commerce and Labor
CHAPTER 65
AN ACT relating to manufactured housing; requiring a responsible managing employee or salesman to complete certain requirements for continuing education as a condition for the renewal of his license; limiting the claims for which payments must be made from the account for education and recovery relating to manufactured housing; requiring certain signatures that are written upon a certificate of ownership of a manufactured home, mobile home or commercial coach to be notarized; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 489.285 is hereby amended to read as follows:
489.285 1. The division shall adopt regulations concerning continuing education requirements for installers, rebuilders and servicemen of mobile homes [.] , and responsible managing employees and salesmen. The regulations must include the:
(a) Criteria for determining what qualifies as continuing education;
(b) Criteria for approving educational and training programs;
(c) Requirements for submitting evidence of completion; and
(d) Grounds and procedures for granting an extension of time within which to comply with continuing education requirements.
2. In adopting regulations pursuant to subsection 1, the division shall:
κ2001 Statutes of Nevada, Page 487 (CHAPTER 65, AB 203)κ
(a) Allow for alternative subjects, instructors, schools and sources of programs, with consideration for specialized areas of practice, availability and proximity of resources to the licensees and applicants, and the time and expense required to participate in the programs.
(b) Approve courses offered by generally accredited educational institutions and private vocational schools if those courses otherwise qualify as continuing education.
(c) Approve training and educational programs and seminars offered by:
(1) Individual sponsors;
(2) Manufactured housing firms and businesses such as dealers, installers, rebuilders, servicemen, manufacturers of manufactured homes and suppliers of the various components for constructing homes, including heating and air-conditioning systems, material for roofing and siding, skirting, awnings and other components;
(3) Professional and industry-related organizations; and
(4) Other organized educational programs concerning technical or specialized subjects, including in-house training programs offered by an employer for his employees and participation in meetings and conferences of industry-related organizations.
(d) Solicit advice and assistance from persons and organizations that are knowledgeable in the construction, sale, installation, rebuilding and servicing of manufactured homes and the method of educating licensees.
3. The division is not responsible for the costs of any continuing education program, but may participate in the funding of those programs subject to legislative appropriations.
4. As used in this section, industry-related organizations includes, without limitation, the:
(a) National Manufactured Housing Federation;
(b) Manufactured Housing Institute;
(c) Nevada Mobilehome Park Owners Association;
(d) Nevada Association of Manufactured Homeowners;
(e) Nevada Association of Realtors; and
(f) Any other organization approved by the division.
Sec. 2. NRS 489.323 is hereby amended to read as follows:
489.323 If a licensee is an installer, rebuilder or serviceman of mobile homes, or a responsible managing employee or salesman, the division shall not renew a license issued to that licensee until the licensee has submitted proof satisfactory to the division that he has, during the 2-year period immediately preceding the renewal of the license, completed at least 8 hours of continuing education approved by the division pursuant to NRS 489.285.
Sec. 3. NRS 489.4971 is hereby amended to read as follows:
489.4971 1. The account for education and recovery relating to manufactured housing is hereby created within the fund for manufactured housing [created pursuant to NRS 489.491] to satisfy the claims of purchasers of manufactured homes, mobile homes or commercial coaches against persons licensed pursuant to the provisions of this chapter. Any balance in the account over $500,000 at the end of any fiscal year must be set aside and used by the administrator for education [respecting] relating to manufactured homes, mobile homes, travel trailers or commercial coaches.
2. Upon the issuance or renewal of the following licenses by the division, the licensee must pay in addition to the original or renewal license fee, a fee:
κ2001 Statutes of Nevada, Page 488 (CHAPTER 65, AB 203)κ
(a) For a dealers or manufacturers original license, or an original limited dealers license issued pursuant to NRS 489.281, of $1,000.
(b) For a dealers or manufacturers renewal license, or a renewal limited dealers license issued pursuant to NRS 489.281, of $600.
(c) For an original or renewal license for:
(1) A serviceman, rebuilder or installer, of $150.
(2) A salesman, of $25.
(3) A responsible managing employee, of $50.
Except as otherwise provided in NRS 489.265, fees collected pursuant to this section must be deposited in the state treasury for credit to the account.
3. [Payments] A payment from the account to satisfy [claims against persons] the claim of a purchaser specified in subsection 1 against a person who is licensed pursuant to this chapter must be made only upon an appropriate court order [.] that is issued in an action for fraud, misrepresentation or deceit relating to an act for which a license is required pursuant to this chapter.
Sec. 4. NRS 489.4975 is hereby amended to read as follows:
489.4975 1. [When any person] If a purchaser of a manufactured home, mobile home or commercial coach obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter in an action [for fraud, misrepresentation or deceit,] specified in subsection 3 of NRS 489.4971, the judgment creditor may, upon the termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment [out of] from the account in the amount of actual damages included in the judgment and unpaid, but not more than $25,000 per [claimant] judgment and the liability of the account may not exceed $100,000 for any licensee.
2. A copy of the petition must be served upon the administrator and an affidavit of service filed with the court. The petition and each copy of the petition served pursuant to this subsection must set forth the grounds which entitle the judgment creditor to recover from the account and must include a copy of:
(a) The final judgment specified in subsection 1;
(b) The complaint upon which the final judgment was entered; and
(c) If assets are known to exist, the writ of execution that was returned unsatisfied.
3. The court shall act upon the petition within 30 days after service and, upon the hearing of the petition, the judgment creditor must show that:
(a) He is not the spouse of the judgment debtor, or the personal representative of that spouse.
(b) He has complied with all the requirements of NRS 489.4971 to 489.4989, inclusive.
(c) He has obtained a judgment of the kind described in subsection 1, stating the amount of the judgment and the amount owing on it at the date of the petition.
(d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of any of them [as] that were found under the execution was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.
κ2001 Statutes of Nevada, Page 489 (CHAPTER 65, AB 203)κ
(e) He and the division have made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.
(f) The petition has been filed not more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.
Sec. 5. NRS 489.551 is hereby amended to read as follows:
489.551 Upon a transfer of the title to or the interest of an owner in a manufactured home, mobile home or commercial coach [issued] for which a certificate of ownership [under] is issued pursuant to the provisions of this chapter, the person whose title or interest is to be transferred and the transferee shall write their signatures with ink upon the certificate of ownership issued for the manufactured home, mobile home or commercial coach, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate. Each signature written upon a certificate of ownership pursuant to the provisions of this section must be notarized.
Sec. 6. The amendatory provisions of sections 1 and 2 of this act do not apply to a responsible managing employee or salesman whose license is renewed before July 1, 2002.
Sec. 7. This act becomes effective upon passage and approval.
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Assembly Bill No. 204Committee on Commerce and Labor
CHAPTER 66
AN ACT relating to trade practices; providing that the knowing falsification of an application for credit relating to a retail installment transaction is a deceptive trade practice; requiring the award of court costs and attorneys fees to certain victims of consumer fraud; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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.
κ2001 Statutes of Nevada, Page 490 (CHAPTER 66, AB 204)κ
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.
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 sale or lease of goods or services.
14. Knowingly makes any other false representation in a transaction.
15. Knowingly falsifies an application for credit relating to a retail installment transaction, as defined in NRS 97.115.
Sec. 2. NRS 41.600 is hereby amended to read as follows:
41.600 1. An action may be brought by any person who is a victim of consumer fraud.
2. As used in this section, consumer fraud means:
(a) An unlawful act as defined in NRS 119.330;
(b) An act prohibited by NRS 482.36655 to 482.36667, inclusive;
(c) An act prohibited by NRS 482.351; or
(d) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive.
3. If the claimant is the prevailing party, the court shall award [any] him:
(a) Any damages that he has sustained [.] ; and
(b) His costs in the action and reasonable attorneys fees.
4. Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.
Sec. 3. NRS 97.285 is hereby amended to read as follows:
97.285 [The] Except as otherwise provided by specific statute, the provisions of this chapter governing retail installment transactions are exclusive, and the provisions of any other statute do not apply to retail installment transactions governed by this chapter. If there is a conflict between the provisions of this chapter and any other statute, the provisions of this chapter control.
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κ2001 Statutes of Nevada, Page 491κ
Assembly Bill No. 290Committee on Commerce and Labor
CHAPTER 67
AN ACT relating to osteopathic medicine; revising the provisions governing the requirements for licensure as an osteopathic physician; revising the provisions governing the filing of a complaint against a practitioner of osteopathic medicine with the state board of osteopathic medicine; requiring a member of the board to review and investigate such a complaint; revising the fees that may be charged and collected by the board; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Complaint means a written complaint filed with the board pursuant to the provisions of NRS 633.531.
Sec. 3. Formal complaint means a complaint filed with the board pursuant to the provisions of NRS 633.541.
Sec. 4. NRS 633.011 is hereby amended to read as follows:
633.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 633.021 to 633.131, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 633.271 is hereby amended to read as follows:
633.271 The board may:
1. Appoint an executive director who is entitled to such compensation as determined by the board.
2. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
[2.] 3. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
Sec. 6. NRS 633.311 is hereby amended to read as follows:
633.311 Except as otherwise provided in NRS 633.315, an applicant for a license to practice osteopathic medicine may be issued a license by the board if [he:
1. Is] :
1. He is 21 years of age or older;
2. [Is] He is a citizen of the United States or is lawfully entitled to remain and work in the United States;
3. [Is] He is a graduate of a school of osteopathic medicine;
4. [Has completed:] He:
(a) Has graduated from a school of osteopathic medicine before 1995 and has completed:
(1) A hospital internship; or
(2) One year of postgraduate training that complies with the standards of intern training established by the American Osteopathic Association;
(b) [Three] Has completed 3 years of [graduate] postgraduate medical education as a resident in the United States or Canada in a program approved by the board, the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or
κ2001 Statutes of Nevada, Page 492 (CHAPTER 67, AB 290)κ
by the board, the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or
(c) [Postgraduate training in the United States or Canada approved by the board, the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education;
5. Applies] Is a resident who is enrolled in a postgraduate training program in this state, has completed 24 months of the program and has committed, in writing, that he will complete the program;
5. He applies for the license as provided by law;
6. [Passes:] He passes:
(a) All parts of the licensing examination [prescribed by] of the National Board of Osteopathic Medical Examiners;
(b) All parts of the licensing examination of the Federation of State Medical Boards of the United States, Inc.;
(c) All parts of the licensing examination of the board, a state, territory or possession of the United States or the District of Columbia, and he is certified by a specialty board of the American Osteopathic Association or by the American Board of Medical Specialties; or
(d) A combination of the parts of the licensing examinations specified in paragraphs (a), (b) and (c) of this subsection that is approved by the board;
7. [Submits] He submits the statement required pursuant to the provisions of NRS 633.326; and
8. [Pays] He pays the fees provided for in this chapter.
Sec. 7. NRS 633.321 is hereby amended to read as follows:
633.321 1. Every applicant for a license shall:
(a) File an application with the board in the manner prescribed by regulations of the board;
(b) Submit verified proof satisfactory to the board that he meets the age, citizenship and educational requirements prescribed by this chapter; and
(c) Pay in advance to the board the application and initial license fee specified in this chapter.
2. An application filed with the board pursuant to subsection 1 must include the social security number of the applicant.
3. The board may hold hearings and conduct investigations into any matter related to the application and, in addition to the proofs required by subsection 1, may take such further evidence and require such other documents or proof of qualifications as it deems proper.
4. The board may reject an application if it appears that any credential submitted is false.
Sec. 8. NRS 633.341 is hereby amended to read as follows:
633.341 1. If an applicant fails in a first examination, he may be reexamined after not less than 6 months.
2. If he fails in a second examination, he is not thereafter entitled to another examination within less than 1 year after the date of the second examination, and prior thereto he shall furnish proof to the board of further postgraduate study following the second examination satisfactory to the board.
3. Each applicant who fails an examination and who is permitted to be reexamined shall pay for each reexamination the reexamination fee specified in this chapter.
κ2001 Statutes of Nevada, Page 493 (CHAPTER 67, AB 290)κ
4. If an applicant does not appear for examination, for any reason deemed sufficient by the board, the board may refund a portion of the application and initial license fee not to exceed $100 upon the request of the applicant. [There shall be no] An applicant is not entitled to a refund of the application and initial license fee if [an applicant] he appears for examination.
Sec. 9. NRS 633.361 is hereby amended to read as follows:
633.361 1. Except as otherwise provided in NRS 633.315, the board may issue a license without examination to a person:
(a) Who has completed a hospital internship and is licensed in any country, state, territory or province to practice osteopathic medicine, if the licensing requirements of that country, state, territory or province at the time the license was issued are deemed by the board to be practically equivalent to the licensing requirements in force in this state at that time.
(b) Who is a graduate of a school of osteopathic medicine, has completed a hospital internship and passed an examination for admission into the medical corps of any of the Armed Forces of the United States or the United States Public Health Service or who possesses a certificate from the National Board of Examiners for Osteopathic Physicians and Surgeons.
2. Any person applying for a license under the provisions of subsection 1 shall:
(a) Furnish to the board such proof of qualifications and pass an oral examination as the board may require; and
(b) Pay in advance to the board the application and initial license fee specified in this chapter.
Sec. 10. NRS 633.401 is hereby amended to read as follows:
633.401 1. Except as otherwise provided in NRS 633.315, the board may issue a special license:
(a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his [own] patients in association with an osteopathic physician in this state who has primary care of the patients.
(b) To a resident [or fellow] while he is enrolled in a [graduate education program or] postgraduate training program required pursuant to the provisions of paragraph (c) of subsection 4 of NRS 633.311.
(c) For a specified period and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.
2. A special license issued under this section may be renewed by the board upon application of the licensee.
3. Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.
Sec. 11. NRS 633.501 is hereby amended to read as follows:
633.501 The board shall charge and collect [only the following fees:
1. Initial] fees not to exceed the following amounts:
1. Application and initial license fee...................................................... [$200] $500
2. Annual license renewal fee......................................................................... [100] 300
3. Temporary license fee................................................................................... [50] 100
4. Special license fee........................................................................................... [50] 100
5. Special license renewal fee............................................................................ [50] 100
6. Reexamination fee................................................................................................ 200
7. Late payment fee........................................................................................... [35] 100
κ2001 Statutes of Nevada, Page 494 (CHAPTER 67, AB 290)κ
8. For a certificate as an osteopathic physicians assistant...................... [100] 200
9. Renewal of a certificate as an osteopathic physicians assistant.......... [50] 100
10. For an application to employ an osteopathic physicians assistant. [100] 200
Sec. 12. NRS 633.531 is hereby amended to read as follows:
633.531 The board or any of its members, any medical review panel of a hospital or medical society which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing osteopathic medicine in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the board . [or with the osteopathic medical society of the county in which the person charged has his office if there is an osteopathic medical society in the county.]
Sec. 13. NRS 633.541 is hereby amended to read as follows:
633.541 1. When a complaint is filed [:
(a) With the board, it shall be reviewed by the board.
(b) With a county osteopathic medical society, the society shall forward a copy of the complaint to the board for review.
2. If, from the complaint or from other official records, it appears that the complaint is not frivolous and the complaint charges:
(a) Unprofessional conduct, a conviction or the suspension or revocation of a license to practice osteopathic medicine, the board shall proceed with appropriate disciplinary action.
(b) Gross or repeated malpractice or professional incompetence, the board shall transmit the original complaint, along with further facts or information derived from its own review, to the attorney general.] with the board, the board shall designate a member of the board to review the complaint.
2. If the member of the board determines that the complaint is not frivolous, he shall conduct an investigation of the complaint to determine whether there is a reasonable basis for the complaint. In performing the investigation, the member of the board may request the assistance of the attorney general or contract with a private investigator designated by the executive director of the board who is licensed pursuant to chapter 648 of NRS or any other person designated by the executive director of the board.
3. If, after conducting the investigation pursuant to subsection 2, the member of the board determines that there is a reasonable basis for the complaint and that a violation of a provision of this chapter has occurred, the member of the board may file a formal complaint with the board specifying the grounds for disciplinary action.
Sec. 14. NRS 633.561 is hereby amended to read as follows:
633.561 1. If the board [determines that a complaint is not frivolous,] or a member of the board designated to review a complaint pursuant to NRS 633.541 has reason to believe that the conduct of a physician has raised a reasonable question as to his competence to practice medicine with reasonable skill and safety to patients, the board or the member designated by the board may require the person charged in the complaint to submit to a mental or physical examination by physicians designated by the board.
2. For the purposes of this section:
(a) Every physician who is licensed under this chapter who accepts the privilege of practicing osteopathic medicine in this state shall be deemed to have given his consent to submit to a mental or physical examination [when] if directed to do so in writing by the board.
κ2001 Statutes of Nevada, Page 495 (CHAPTER 67, AB 290)κ
have given his consent to submit to a mental or physical examination [when] if directed to do so in writing by the board.
(b) The testimony or examination reports of the examining physicians are not privileged communications.
3. Except in extraordinary circumstances, as determined by the board, the failure of a physician who is licensed under this chapter to submit to an examination [when] if directed as provided in this section constitutes an admission of the charges against him.
Sec. 15. NRS 633.621 is hereby amended to read as follows:
633.621 If [:
1. A complaint charging unprofessional conduct, a conviction or the suspension or revocation of a license to practice osteopathic medicine is not frivolous; or
2. With respect to a complaint reported by the attorney general, the board has determined to proceed with disciplinary action,] a formal complaint is filed with the board pursuant to NRS 633.541, the secretary of the board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint [prepared by the board] to be served on the person charged at least 20 days before the date fixed for the hearing. If the board receives a [report pursuant to] formal complaint concerning subsection 5 of NRS 228.420, such a hearing must be held within 30 days after receiving the [report.] formal complaint.
Sec. 16. NRS 633.641 is hereby amended to read as follows:
633.641 In any disciplinary proceeding before the board:
1. Proof of actual injury need not be established where the formal complaint charges deceptive or unethical professional conduct or medical practice harmful to the public.
2. A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice osteopathic medicine is conclusive evidence of its occurrence.
Sec. 17. NRS 633.651 is hereby amended to read as follows:
633.651 1. The person charged in a formal complaint is entitled to a hearing before the board, but the failure of the person charged to attend his hearing or his failure to defend himself [shall not serve to] must not delay or void the proceedings. The board may, for good cause shown, continue any hearing from time to time.
2. If the board finds the person guilty as charged in the formal complaint, it may by order:
(a) Place the person on probation for a specified period or until further order of the board.
(b) Administer to the person a public [or private] reprimand.
(c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of osteopathic medicine.
(d) Suspend the license of the person to practice osteopathic medicine for a specified period or until further order of the board.
(e) Revoke the license of the person to practice osteopathic medicine.
The order of the board may contain such other terms, provisions or conditions as the board deems proper and which are not inconsistent with law.
κ2001 Statutes of Nevada, Page 496 (CHAPTER 67, AB 290)κ
Sec. 18. NRS 633.691 is hereby amended to read as follows:
633.691 The [state board of osteopathic medicine,] board, a medical review panel of a hospital, [an osteopathic medical society,] or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of an osteopathic physician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for such initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
Sec. 19. NRS 633.701 is hereby amended to read as follows:
633.701 The filing and review of a complaint [, its dismissal without further action or its transmittal to the attorney general,] and any subsequent disposition by the board, the [attorney general] member designated by the board to review a complaint pursuant to NRS 633.541 or any reviewing court do not preclude:
1. Any measure by a hospital or other institution [or osteopathic medical society] to limit or terminate the privileges of an osteopathic physician according to its rules or the custom of the profession. No civil liability attaches to any such action taken without malice even if the ultimate disposition of the complaint is in favor of the physician.
2. Any appropriate criminal prosecution by the attorney general or a district attorney based upon the same or other facts.
Sec. 20. NRS 633.551 is hereby repealed.
________
Assembly Bill No. 301Assemblyman Lee
CHAPTER 68
AN ACT relating to woolen products; repealing provisions that require a manufacturer or seller of products containing or purporting to contain wool to label those products; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 589.010, 589.020, 589.030, 589.040, 589.050 and 589.060 are hereby repealed.
________
κ2001 Statutes of Nevada, Page 497κ
Assembly Bill No. 310Committee on Commerce and Labor
CHAPTER 69
AN ACT relating to landscape architecture; designating the board of landscape architecture as the state board of landscape architecture; requiring the board to maintain a record of each certificate of registration issued or renewed by the board; revising the requirements for the issuance or renewal of a certificate of registration; providing for the issuance of a certificate to practice as a landscape architect intern; providing immunity from a civil action for a person who furnishes information to the board under certain circumstances; authorizing the board to adopt regulations requiring each holder of a certificate of registration to complete a course of continuing education as a condition for the renewal of his certificate of registration; revising the qualifications of the members of the board; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 623A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.
Sec. 2. Certificate of registration means a certificate of registration issued by the board to a landscape architect pursuant to the provisions of this chapter.
Sec. 3. Direct supervision means a critical examination and evaluation of the work product by a holder of a certificate of registration, during and after the work product is prepared, to ensure that the work product complies with any applicable law or regulation concerning the practice of landscape architecture.
Sec. 4. Landscape architect intern means a person who is issued a certificate to practice as a landscape architect intern pursuant to the provisions of this chapter.
Sec. 5. For the purposes of this chapter, a person has good moral character if he:
1. Has not been convicted of a class A felony;
2. Has not been convicted of a felony other than a class A felony or a misdemeanor or gross misdemeanor that is directly related to the practice of landscape architecture;
3. Has not committed an act involving dishonesty, fraud, misrepresentation, breach of a fiduciary duty, gross negligence or incompetence while engaged in the practice of landscape architecture;
4. Is not incarcerated in a jail or prison at the time of submitting an application for a certificate of registration or a certificate to practice as a landscape architect intern;
5. Has not committed fraud or misrepresentation in connection with:
(a) The submission of an application for a certificate of registration or certificate to practice as a landscape architect intern; or
(b) The taking of one or more examinations pursuant to the provisions of this chapter;
6. Has not had his certificate of registration suspended or revoked by the board or in any other state or country;
κ2001 Statutes of Nevada, Page 498 (CHAPTER 69, AB 310)κ
7. Has not, in lieu of receiving disciplinary action against him, surrendered a certificate of registration or certificate to practice as a landscape architect intern in this state or a certificate or license to practice landscape architecture issued in another state or country;
8. Has not engaged in the practice of landscape architecture in this state or in any other state or country without a license or certificate of registration or certificate to practice as a landscape architect intern within the 2 years immediately preceding the filing of an application for a certificate of registration or certificate to practice as a landscape architect intern pursuant to the provisions of this chapter; or
9. Has not, within the 5 years immediately preceding the filing of an application specified in subsection 8, engaged in unprofessional conduct in violation of the regulations adopted by the board.
Sec. 6. The board shall operate on the basis of a fiscal year beginning on July 1 and ending on June 30.
Sec. 7. The board shall prepare and adopt a code of conduct for holders of certificates of registration and holders of a certificate to practice as a landscape architect intern. The code must ensure the maintenance of a high standard of integrity, dignity and professional responsibility by members of the profession. Before adopting the code, the board shall send a copy of the proposed code to each holder of a certificate of registration and holder of a certificate to practice as a landscape architect intern. Each holder of a certificate of registration intern may vote on any provision included in the code. The board may adopt each provision in the code unless 25 percent or more of the holders of certificates of registration vote against that provision.
Sec. 8. The board shall prepare and maintain a record of each certificate of registration intern. The record must include, without limitation, the name of the holder of the certificate of registration intern, the address at which he resides and the number of his certificate of registration. The board shall make the record available:
1. For inspection by each holder of a certificate of registration in a manner prescribed by the board; and
2. For sale to a member of the general public who is not a holder of a certificate of registration.
Sec. 9. 1. Except as otherwise provided in this section, a record of the board that relates to:
(a) An employee of the board;
(b) An examination administered by the board; or
(c) A complaint filed with the board and any information obtained as a result of its investigation of the complaint,
is confidential.
2. A record specified in subsection 1 may be disclosed, pursuant to procedures established by regulation of the board, to:
(a) A court;
(b) An agency of the Federal Government;
(c) Another state;
(d) A political subdivision of this state; or
(e) Any other related professional board or organization.
3. Upon completion of an investigation by the board, any record of the board specified in paragraph (c) of subsection 1 is a public record only if:
κ2001 Statutes of Nevada, Page 499 (CHAPTER 69, AB 310)κ
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person who was the subject of the investigation submits a written statement to the board requesting that the record be made a public record.
4. The board may report to any other related professional board and organization the score of an applicant on an examination administered by the board.
Sec. 10. 1. For the purpose of issuing a certificate of registration or a certificate to practice as a landscape architect intern pursuant to the provisions of this chapter, the board shall credit work experience as follows:
(a) One hundred and thirty hours or more of work in the practice of landscape architecture completed during a month is equal to 1 month of work experience.
(b) Eighty-five hours or more but less than one hundred and thirty hours of work in the practice of landscape architecture completed during a month is equal to one-half of a month of work experience.
2. The board shall not grant credit for work experience to an applicant for less than 85 hours of work experience in the practice of landscape architecture completed during a month.
3. Before the board may grant credit to an applicant for work experience pursuant to the provisions of this section, the employer of the applicant must submit proof satisfactory to the board that the applicant completed the work experience for which he wishes to receive credit.
4. Except as otherwise provided in this subsection, all work experience must be completed under the direct supervision of a holder of a certificate of registration. The board may adopt regulations that provide for the granting of credit for not more than 1 year of work experience completed under the direct supervision of a person who is licensed in a profession other than the practice of landscape architecture.
5. Each applicant for a certificate of registration or certificate to practice as a landscape architect intern must, before he takes one or more examinations required for the certificate, comply with the requirements for education and experience set forth in this chapter and any regulations adopted by the board.
Sec. 11. The board may issue a certificate of registration without examination to a person who submits evidence satisfactory to the board that he:
1. Is licensed, registered or certified as a landscape architect in another jurisdiction if, as determined by the board, the qualifications required for the license, registration or certification are substantially equivalent to the qualifications set forth in this chapter for the issuance of a certificate of registration; and
2. Is otherwise qualified for a certificate of registration to engage in the practice of landscape architecture in this state.
Sec. 12. 1. Any person who:
(a) Is at least 21 years of age;
(b) Is of good moral character;
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
κ2001 Statutes of Nevada, Page 500 (CHAPTER 69, AB 310)κ
(d) Has graduated from a school approved by the board or has completed at least 4 years of work experience in the practice of landscape architecture in accordance with regulations adopted by the board,
may submit an application to the board for a certificate to practice as a landscape architect intern.
2. The application must be submitted on a form furnished by the board and include:
(a) The statement required by NRS 623A.185;
(b) The social security number of the applicant; and
(c) The applicable fees prescribed by the board pursuant to the provisions of NRS 623A.240.
Sec. 13. 1. The board shall issue a certificate to practice as a landscape architect intern to any person who is qualified pursuant to the provisions of section 12 of this act and who passes an examination or any portion of an examination required by the board.
2. Such a person may engage in the practice of landscape architecture only under the direct supervision of a holder of a certificate of registration. Any work performed by the person as a landscape architect intern may be credited toward the requirements for a certificate of registration in accordance with regulations adopted by the board.
3. A certificate to practice as a landscape architect intern expires on June 30 and may be renewed for 1 year from each succeeding July 1 in accordance with regulations adopted by the board and upon the payment of the annual renewal fee prescribed by the board pursuant to the provisions of NRS 623A.240.
Sec. 14. 1. Upon issuing a certificate of registration, the board shall issue to the holder of the certificate of registration a seal of the design authorized by the board, bearing the name of the holder of the certificate of registration, the number of his certificate of registration and the title landscape architect.
2. A plan, specification, report or other document issued by a holder of a certificate of registration for official use must be signed, sealed and dated on the title page by him with a permanently legible imprint of his seal and signature. The board may adopt regulations specifying the manner in which a holder of a certificate of registration may electronically transmit such a plan, specification, report or other document.
3. It is unlawful for a person to stamp or seal any plan, specification, report or other document with the seal of a holder of a certificate of registration after his certificate of registration has expired or has been suspended or revoked, unless the certificate of registration has been renewed or reissued.
Sec. 15. 1. Any person who, in good faith and without malicious intent, provides information concerning a holder of a certificate of registration or certificate to practice as a landscape architect intern or an applicant for a certificate of registration or certificate to practice as a landscape architect intern is immune from any civil action for providing that information.
2. Any person who assists the board in the investigation or prosecution of an alleged violation of a provision of this chapter, a proceeding concerning the issuance or renewal of a certificate of registration or certificate to practice as a landscape architect intern or a criminal prosecution is immune from any civil liability for:
κ2001 Statutes of Nevada, Page 501 (CHAPTER 69, AB 310)κ
certificate to practice as a landscape architect intern or a criminal prosecution is immune from any civil liability for:
(a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the board; and
(b) Disseminating information concerning a holder of a certificate of registration or certificate to practice as a landscape architect intern or an applicant for a certificate of registration or certificate to practice as a landscape architect intern to:
(1) Any other licensing board;
(2) A national association of registered boards;
(3) An agency of this state or the Federal Government;
(4) The attorney general; or
(5) Any law enforcement agency.
Sec. 16. No person may bring or maintain any action in the courts of this state for the collection of compensation for the performance of any act or contract for which a certificate of registration or certificate to practice as a landscape architect intern is required by this chapter without alleging and proving that the plaintiff in the action was registered pursuant to the provisions of this chapter at all times during the performance of the act or contract.
Sec. 17. The board may, by regulation, require each holder of a certificate of registration to complete a course of continuing education as a condition for the renewal of his certificate of registration. The regulations must include the number of hours of continuing education that the holder of the certificate of registration must complete to renew his certificate.
Sec. 18. The board shall not issue a temporary certificate of registration or certificate to practice as a landscape architect intern.
Sec. 19. 1. A person shall not engage in the practice of landscape architecture or use the title of landscape architect or landscape architect intern unless he is issued a certificate of registration or certificate to practice as a landscape architect intern by the board pursuant to the provisions of this chapter.
2. If an applicant complies with the provisions of this chapter and is otherwise qualified to engage in the practice of landscape architecture, the board shall, upon payment by the applicant of the applicable fees prescribed by the board pursuant to the provisions of NRS 623A.240, issue to the applicant a certificate of registration or certificate to practice as a landscape architect intern. If a certificate of registration or certificate to practice as a landscape architect intern is issued after the beginning of the fiscal year, the board may prorate the fee that the applicant must pay for that year pursuant to those provisions.
3. Each certificate of registration must include the complete name of the holder of the certificate, the number of the certificate and the signatures of the president and secretary of the board.
Sec. 20. The board may:
1. Grant or deny an application for a certificate to practice as a landscape architect intern after examination and revoke or suspend a certificate to practice as a landscape architect intern or take any other disciplinary action set forth in NRS 623A.270 for any of the causes specified in this chapter;
2. Hold membership in any organization relating to landscape architects or the practice of landscape architecture; or
κ2001 Statutes of Nevada, Page 502 (CHAPTER 69, AB 310)κ
3. Administer examinations on behalf of any national association of registered boards that certifies landscape architects.
Sec. 21. NRS 623A.020 is hereby amended to read as follows:
623A.020 As used in this chapter, unless the context otherwise requires, words and terms defined in NRS 623A.030 to 623A.060, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 22. NRS 623A.030 is hereby amended to read as follows:
623A.030 Board means the state board of landscape architecture.
Sec. 23. NRS 623A.040 is hereby amended to read as follows:
623A.040 Instruments of service means the finalized drawings or specifications prepared by the holder of a certificate [holder.] of registration.
Sec. 24. NRS 623A.060 is hereby amended to read as follows:
623A.060 [The practice] Practice of landscape architecture [consists of holding] means to provide or hold professional services out to the public, [or rendering,] including, without limitation, services for consultation, investigation, reconnaissance, research, planning, design, preparation of drawings and specifications and supervision [where] , if the dominant purpose of the services is for the:
1. Preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and esthetic values, natural drainage, and the settings and approaches to buildings, structures, facilities and other improvements; and
2. Consideration and determination of issues of the land relating to erosion, wear and tear, lighting characteristics, and design of landscape irrigation, lighting and grading.
[Practice of landscape architecture] The term includes the location and arrangement of such tangible objects, structures and features as are incidental and necessary to [this] that dominant purpose, but does not include the design of structures or facilities with separate and self-contained purposes for habitation or industry [,] whose design is normally included in the practice of architecture or professional engineering.
Sec. 25. NRS 623A.070 is hereby amended to read as follows:
623A.070 1. This chapter does not apply to:
(a) Owners of property who make plans, specifications or drawings for their own property.
(b) Any person engaged in the practice of architecture who is registered pursuant to the provisions of chapter 623 of NRS.
(c) A contractor licensed pursuant to the provisions of chapter 624 of NRS who provides his own drawings for his own construction activities.
(d) Any person who is licensed as a civil engineer pursuant to the provisions of chapter 625 of NRS.
(e) Any person who designs, manufactures or sells irrigation equipment and provides instructions pertaining to the mechanical erection and installation of the equipment but does not install the equipment.
2. Any person exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.
3. The exemptions provided by this section do not entitle any person who does not hold a certificate of registration or certificate to practice as a landscape [architecture] architect intern to hold himself out to the public or advertise himself as a landscape architect or a landscape architect intern.
κ2001 Statutes of Nevada, Page 503 (CHAPTER 69, AB 310)κ
Sec. 26. NRS 623A.080 is hereby amended to read as follows:
623A.080 1. The state board of landscape architecture, consisting of [5] five members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Four members who , at the time of their appointment, are not the subject of any disciplinary action by the board and who, for not less than 3 years immediately preceding their appointment, have been [engaged] :
(1) Engaged in the practice of landscape architecture [for at least 3 years prior to their appointment; and] ; and
(2) Holders of certificates of registration; and
(b) One member who is a representative of the general public.
3. Each member must have been a resident of [the] this state for [at least 2 years prior to their] not less than 3 years immediately preceding his appointment.
4. [Members] A member of the board shall not serve for more than three [consecutive] terms.
5. [Before entering upon the discharge of his duties, each] Each member of the board shall , within 30 days after he is appointed, take and subscribe to the oath of office as prescribed by the laws of this state and file [it] the oath with the secretary of state.
6. The member who is a representative of the general public shall not participate in preparing [, conducting] or grading any examination required by the board.
7. Upon receipt of a complaint concerning a member of the board and for good cause shown, the governor may, after providing 10 days notice to the member and providing an opportunity for a hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.
8. An appointment to fill a vacancy in the membership of the board for a cause other than expiration of the term must be for the unexpired portion of the term.
9. A member, agent or employee of the board or any hearing officer or member of a hearing panel appointed by the board is immune from personal liability relating to any action taken in good faith and within the scope of his authority.
Sec. 27. NRS 623A.090 is hereby amended to read as follows:
623A.090 1. Members of the board are entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board; and
(b) A per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.
3. Any salary, per diem allowance or travel expenses paid pursuant to the provisions of this section must be paid from money kept or deposited by the board in accordance with the provisions of NRS 623A.150.
Sec. 28. NRS 623A.100 is hereby amended to read as follows:
623A.100 1. At each annual meeting of the board, the members shall:
(a) Elect [one member as president;] a president and a secretary; and
(b) Appoint an executive director.
κ2001 Statutes of Nevada, Page 504 (CHAPTER 69, AB 310)κ
2. The president and the secretary of the board serve without additional compensation.
3. The executive director [may] must not be a member of the board and is entitled to a salary fixed by the board.
[3.] 4. The executive director shall:
(a) Keep an accurate record of all proceedings of the board;
(b) [Have] Maintain custody of the official seal; [and]
(c) Maintain a file containing the names and addresses of all [certificate holders.] holders of certificates of registration and certificates to practice as a landscape architect intern;
(d) Submit to the board each application for a certificate of registration or certificate to practice as a landscape architect intern that is filed with the board;
(e) If a holder of a certificate of registration or certificate to practice as a landscape architect intern has violated any provision of this chapter, file a complaint with the attorney general; and
(f) Perform any other duties assigned to him by the board.
Sec. 29. NRS 623A.120 is hereby amended to read as follows:
623A.120 The board may [employ] :
1. Employ and fix the compensation for legal counsel, inspectors, special agents, investigators and clerical personnel necessary to the discharge of its duties [.] ; and
2. Reimburse an employee specified in subsection 1 for any actual expenses incurred by the employee while acting on behalf of the board.
Sec. 30. NRS 623A.130 is hereby amended to read as follows:
623A.130 The board shall:
1. Adopt an official seal.
2. Administer and enforce the provisions of this chapter.
3. Adopt regulations for the administration of this chapter.
4. Administer and conduct comprehensive examinations of applicants, which [shall] must test the applicants fitness to engage in the [business] practice of landscape [architect.] architecture.
Sec. 31. NRS 623A.150 is hereby amended to read as follows:
623A.150 1. All money coming into the possession of the board must be kept or deposited by the executive director in [banks, credit unions] an account in a bank, credit union or savings and loan [associations in the State of Nevada.] association in this state.
2. Except as otherwise provided in subsection 6, all money collected by the board must be used to pay the expenses of [examinations, expenses of] :
(a) Examinations and the issuance of certificates of registration and [expenses to conduct] certificates to practice as a landscape architect intern; and
(b) Conducting the business of the board.
3. The expenses, including the per diem allowances and travel expenses of the members and employees of the board while engaged in the business of the board and the expenses to conduct examinations, must be paid from the current receipts. No portion thereof may be paid from the state treasury.
4. Any balance remaining in excess of the expenses incurred may be retained by the board and used to defray the future expenses of the board.
5. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to the provisions of this chapter, impose and collect fines and penalties therefor and deposit the money
κ2001 Statutes of Nevada, Page 505 (CHAPTER 69, AB 310)κ
therefrom in [banks, credit unions] an account maintained by the board in a bank, credit union or savings and loan [associations in this state.] association specified in subsection 1.
6. If a hearing officer or panel is not authorized to take disciplinary action pursuant to the provisions of subsection 5 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 32. NRS 623A.170 is hereby amended to read as follows:
623A.170 1. Any person who [is] :
(a) Is at least 21 years of age [and who has had 6 years of] ;
(b) Is of good moral character;
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d) Has satisfied the requirements for education and experience in landscape architecture, in any combination deemed suitable by the board,
may submit an application for a certificate of registration to the board upon a form and in a manner prescribed by the board. The application must include the social security number of the applicant and be accompanied by the application fee [.] prescribed by the board pursuant to the provisions of NRS 623A.240.
2. Each year of study, not exceeding 5 years of study, satisfactorily completed in a program of landscape architecture accredited by the Landscape Architectural Accrediting Board or a similar national board approved by the board, or a program of landscape architecture in this state approved by the board is considered equivalent to 1 year of experience in landscape architectural work for the purpose of registration as a landscape architect.
3. The board shall, by regulation, establish standards for examinations which may be consistent with standards employed by other states. The board may adopt the standards of a national association of registered boards approved by the board, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations may include tests in such technical, professional and ethical subjects as are prescribed by the board.
4. If the board administers or causes to be administered an examination during:
(a) June of any year, an application to take that examination must be postmarked not later than March 1 of that year; or
(b) December of any year, an application to take that examination must be postmarked not later than September 1 of that year.
Sec. 33. NRS 623A.180 is hereby amended to read as follows:
623A.180 1. The board shall approve or disapprove each application. [If] Except as otherwise provided in subsection 4, if the board is satisfied that the information [contained] set forth in the application is true, and that the applicant is qualified to take the examination, has submitted the statement required pursuant to the provisions of NRS 623A.185 and has paid the examination fee, it shall approve the application.
κ2001 Statutes of Nevada, Page 506 (CHAPTER 69, AB 310)κ
2. [Whenever] If the board approves an application, the executive director shall promptly notify the applicant in writing of the approval and of the time and place of the examination, if required.
3. [Whenever] If the board disapproves an application, the executive director shall promptly notify the applicant of the disapproval, stating the reasons therefor.
4. The board may disapprove an application for any violation of the provisions of this chapter.
Sec. 34. NRS 623A.185 is hereby amended to read as follows:
623A.185 1. An applicant for the issuance or renewal of a certificate of registration or certificate to practice as a landscape [architecture] architect intern shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to the provisions of NRS 425.520. The statement must be completed and signed by the applicant.
2. The board shall include the statement required pursuant to the provisions of subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate [;] of registration or certificate to practice as a landscape architect intern; or
(b) A separate form prescribed by the board.
3. A certificate of registration or certificate to practice as a landscape [architecture] architect intern may not be issued or renewed by the board if the applicant:
(a) Fails to submit the statement required pursuant to the provisions of subsection 1; or
(b) Indicates on the statement submitted pursuant to the provisions of subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 35. NRS 623A.190 is hereby amended to read as follows:
623A.190 1. The board shall [give] administer or cause to be administered a written examination to each applicant for a certificate [an examination, which may be written or oral, or both.] of registration or certificate to practice as a landscape architect intern.
2. The examination must be given at such times and places and under such supervision as the board may determine.
3. The board may [examine in whatever] include in the written examination any theoretical or applied fields and ethical issues it deems appropriate to determine professional skills and judgment.
4. The board shall , by regulation , establish [what constitutes a passing grade.] the grade that is required to pass the written examination.
5. The written examination may be waived by the board if the applicant:
κ2001 Statutes of Nevada, Page 507 (CHAPTER 69, AB 310)κ
(a) Presents documentation that he has [taken and passed, with a grade that is a passing grade in this state, a written] passed an examination in another state [having equivalent scope and subject matter;] or country that has been accepted as an equivalent by the national association of registered boards; or
(b) Has been certified by [the Council of Landscape Architectural Registration Boards as having passed the senior practitioner examination or through reciprocity procedures with foreign countries having requirements for licensing acceptable to the board.] such an organization.
6. Written examination papers [and transcripts of any oral examinations] must be destroyed after a certificate of registration is issued.
7. If the applicant fails to pass the written examination or any part thereof, he may retake the examination or the part failed in a subsequent examination upon the payment of the applicable fees prescribed by the board pursuant to the provisions of NRS 623A.240.
Sec. 36. NRS 623A.200 is hereby amended to read as follows:
623A.200 1. [Certificates expire] Each certificate of registration expires on June 30 next following the date of issuance.
2. [Certificates] A certificate of registration may be renewed for 1 year from each succeeding July 1, upon submission of [the] :
(a) The statement required pursuant to the provisions of NRS 623A.185 [and payment of the] ;
(b) The annual renewal fee [.] prescribed by the board pursuant to the provisions of NRS 623A.240; and
(c) Proof of compliance with the requirements established by the board for continuing education for the renewal of the certificate of registration.
3. A certificate of registration that has expired through failure to be renewed may be renewed at any time within 1 year after the date of its expiration upon application to and with the approval of the board and upon payment of the annual renewal fee and the delinquency fee prescribed by the board pursuant to the provisions of NRS 623A.240.
4. A certificate [which] of registration that has expired for failure to [pay the annual renewal fee] be renewed within 1 year after the date of its expiration may be reinstated by the board without examination within 3 years after the date the certificate of registration expires upon application to and with the approval of the board and upon payment of [the delinquent renewal fee, in addition to the] :
(a) The annual renewal fee for each year, or part thereof, the certificate of registration is not renewed [.] ;
(b) The delinquency fee; and
(c) The reinstatement fee.
5. If a holder of a certificate of registration submits to the board a statement, annual renewal fee and proof required pursuant to the provisions of subsection 2, or if the board approves the renewal or reinstatement of a certificate of registration pursuant to the provisions of subsection 3 or 4, the executive director of the board shall, upon receipt of the statement, applicable fees and proof or upon receipt of the approval of the board, issue a renewal card to the applicant, indicating that his certificate of registration is renewed for 1 year. The renewal card must bear the seal of the board and include:
κ2001 Statutes of Nevada, Page 508 (CHAPTER 69, AB 310)κ
(a) The number of the certificate of registration; and
(b) The signature of the president or executive director of the board or a facsimile of that signature.
6. The renewal of a certificate of registration and the number of the certificate of registration must be recorded by the executive director of the board in accordance with the provisions of section 8 of this act.
7. The unauthorized use or display of a certificate of registration or renewal card for that certificate of registration, or the seal of a holder of a certificate of registration, is unlawful.
Sec. 37. NRS 623A.210 is hereby amended to read as follows:
623A.210 [1.] If a certificate of registration has not been renewed within 3 years after its expiration, the holder of the certificate [holder] of registration may apply for and obtain a new certificate of registration if [:
(a) He is] he:
1. Is otherwise eligible;
[(b) He pays]
2. Pays all fees required by this chapter; [and
(c) He takes and passes the examination or establishes]
3. Passes an examination administered or approved by the board; and
4. Establishes to the satisfaction of the board that he is qualified to practice landscape architecture.
[2. The board may waive all or part of the examination fee if the applicant is not required to take the examination.]
Sec. 38. NRS 623A.220 is hereby amended to read as follows:
623A.220 1. A suspended certificate of registration expires unless it is renewed by the holder of the certificate [holder.] of registration. The renewal does not entitle the holder to engage in the practice of landscape architecture until the expiration of the suspension period or until the certificate of registration is reinstated by the board.
2. A revoked certificate of registration expires and is not subject to renewal. If the certificate of registration is reinstated after its expiration, the holder of the certificate [holder] of registration shall pay [a reinstatement fee as prescribed in] the fee for reinstatement prescribed by the board pursuant to the provisions of NRS 623A.240.
Sec. 39. NRS 623A.230 is hereby amended to read as follows:
623A.230 1. A holder of a certificate [holder] of registration shall notify the executive director in writing of any change of address of his business or residence and if the certificate of registration has been lost, stolen, destroyed or mutilated.
2. The executive director shall issue a duplicate certificate of registration in accordance with regulations established by the board upon application and payment of the fee [.] for replacement of a certificate of registration prescribed by the board pursuant to the provisions of NRS 623A.240.
Sec. 40. NRS 623A.240 is hereby amended to read as follows:
623A.240 1. The following fees must be prescribed by the board and must not exceed the following amounts:
κ2001 Statutes of Nevada, Page 509 (CHAPTER 69, AB 310)κ
Application fee............................................................................................................ $200.00
Examination fee.......................................................................................................... 100.00,
plus the actual
cost of the
examination
Certificate of registration................................................................................................ 25.00
Annual renewal fee....................................................................................................... 200.00
Reinstatement fee......................................................................................................... 300.00
Delinquency fee............................................................................................................... 50.00
Change of address fee.................................................................................................... 10.00
Copy of a document, per page.......................................................................................... .25
2. In addition to the fees set forth in subsection 1, the board may charge and collect a fee for any other service it provides. The fee must not exceed the cost incurred by the board to provide the service.
3. The board may authorize a landscape architect intern to pay the application fee or any portion of that fee during any period in which he is the holder of a certificate to practice as a landscape architect intern. If a landscape architect intern pays the fee or any portion of the fee during that period, the board shall credit the amount paid by him towards the entire amount of the application fee for the certificate of registration required pursuant to this section.
4. The fees prescribed by the board pursuant to this section must be paid in United States currency in the form of a check, cashiers check or money order. If any check submitted to the board is dishonored upon presentation for payment, repayment of the fee, including the fee for a returned check, must be made by money order or certified check.
5. The fees prescribed by the board pursuant to this section are nonrefundable.
Sec. 41. NRS 623A.250 is hereby amended to read as follows:
623A.250 1. A firm, partnership, corporation or association may engage in the practice of landscape architecture if:
(a) All work is performed under the supervision and direction of a holder of a certificate [holder;] of registration;
(b) The name [or names of all certificate holders appear] of the holder of a certificate of registration appears in the name of the firm, partnership, corporation or association;
(c) The name of the holder of the certificate [holder] of registration appears on all papers or documents used in the practice of landscape architecture; and
(d) All instruments of service are signed by the holder of the certificate [holder.] of registration.
2. Architects, registered interior designers, residential designers, professional engineers and landscape architects may, in accordance with NRS 623.349, join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.
3. Each office or place of business of any partnership, corporation, limited-liability company or other business organization or association engaged in the practice of landscape architecture pursuant to the provisions of subsection 2 shall have a landscape architect who is a resident of this state and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and directly responsible for the administration of the landscape architectural work conducted in the office or place of business.
κ2001 Statutes of Nevada, Page 510 (CHAPTER 69, AB 310)κ
resident of this state and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and directly responsible for the administration of the landscape architectural work conducted in the office or place of business.
4. A registrant or licensee practicing in a business organization or association pursuant to subsection 2 remains subject to NRS 89.220.
5. If a person who is not a holder of a certificate of registration, or if a holder of a certificate of registration who is not an owner, and who is employed by or affiliated with a business organization or association that holds a certificate issued pursuant to NRS 623.349 is found by the board to have violated a provision of this chapter or a regulation adopted by the board, the board may hold the business organization or association and each holder of a certificate of registration who is an owner responsible for the violation.
Sec. 42. NRS 623A.260 is hereby amended to read as follows:
623A.260 1. A firm, partnership, corporation or association engaged in the practice of landscape architecture may, upon the approval of the board, establish and operate branch offices within [the] this state.
2. A branch office [shall] must be operated by a resident landscape architect who holds a certificate [issued pursuant to this chapter.] of registration.
3. Offices established for the purpose of observing construction work on a project are [not] considered branch offices.
Sec. 43. NRS 623A.270 is hereby amended to read as follows:
623A.270 1. The board may:
[1.] (a) Suspend or revoke a certificate [;
2.] of registration or certificate to practice as a landscape architect intern;
(b) Refuse to renew a certificate [;
3.] of registration or certificate to practice as a landscape architect intern;
(c) Place a holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern on probation;
[4.] (d) Issue a reprimand to a holder of a certificate [holder;
5.] of registration or certificate to practice as a landscape architect intern;
(e) Impose upon a holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern a fine of not more than $5,000 for each violation of this chapter;
[6.] (f) Require a holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern to pay restitution;
[7.] (g) Require a holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern to pay the costs of an investigation or prosecution; or
[8.] (h) Take such other disciplinary action as the board deems appropriate,
if the holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern has committed any act set forth in NRS 623A.280.
2. The conditions for probation imposed pursuant to the provisions of subsection 1 may include, without limitation:
(a) Restriction on the scope of professional practice;
κ2001 Statutes of Nevada, Page 511 (CHAPTER 69, AB 310)κ
(b) Peer review;
(c) Education or counseling;
(d) The payment of restitution to each person who suffered harm or loss; and
(e) The payment of all costs of the administrative investigation and prosecution.
3. If the board imposes discipline pursuant to the provisions of this section, the board may recover the costs of the proceeding, including any investigative costs and attorneys fees.
4. The board may adopt regulations setting forth a schedule of fines for the purposes of paragraph (e) of subsection 1.
Sec. 44. NRS 623A.280 is hereby amended to read as follows:
623A.280 1. The following acts, among others, constitute cause for disciplinary action [:
1.] if proof satisfactory to the board is presented that:
(a) A holder of a certificate [holder] of registration has signed or sealed instruments of service which were not prepared by him or under his [immediate] direct supervision.
[2.] (b) A holder of a certificate [holder] of registration has permitted the use of his signature or seal by another person to evade the provisions of this chapter or any regulation adopted by the board.
[3.] (c) A holder of a certificate [holder] of registration has not signed, sealed or dated instruments of service prepared by [the certificate holder.
4.] him.
(d) A holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern impersonates a landscape architect or landscape architect intern of the same or similar name.
[5.] (e) A holder of a certificate [holder is practicing] of registration or certificate to practice as a landscape architect intern practices under an assumed, fictitious or corporate name.
[6.] (f) A holder of a certificate [holder is practicing] of registration or certificate to practice as a landscape architect intern practices landscape architecture in violation of the provisions of this chapter or any regulation adopted by the board.
[7.] (g) A holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern has obtained his certificate of registration or certificate to practice as a landscape architect intern by fraud or misrepresentation.
[8.] (h) A holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern is guilty of fraud or deceit in the practice of landscape architecture.
[9.] (i) A holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern is guilty of incompetency, negligence [, willful misconduct] or gross [incompetence.] negligence.
[10.] (j) A holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern is convicted of, or enters a plea of nolo contendere to:
[(a)] (1) Any felony; or
[(b)] (2) Any crime, an essential element of which is dishonesty, or which is directly related to the practice of landscape architecture.
[11.] (k) A holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern is guilty of aiding or abetting any person in the violation of the provisions of this chapter or any regulation adopted by the board.
κ2001 Statutes of Nevada, Page 512 (CHAPTER 69, AB 310)κ
person in the violation of the provisions of this chapter or any regulation adopted by the board.
[12.] (l) A person [is practicing] practices as a landscape architect with a certificate [which] of registration or certificate to practice as a landscape architect intern that has expired or has been suspended or revoked.
[13.] (m) A holder of a certificate [holder] of registration or certificate to practice as a landscape architect intern is disciplined by an agency of another state or foreign country which regulates the practice of landscape architecture and at least one of the grounds for the disciplinary action taken is a ground for disciplinary action pursuant to the provisions of this chapter.
(n) A holder of a certificate of registration or certificate to practice as a landscape architect intern fails to comply with an order issued by the board or to cooperate in an investigation conducted by the board.
2. As used in this section:
(a) Gross negligence means conduct that demonstrates a reckless disregard of the consequences affecting the life or property of another person.
(b) Incompetency means conduct that, in the practice of landscape architecture, demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.
(c) Negligence means a deviation from the normal standard of professional care exercised generally by other members in the practice of landscape architecture.
Sec. 45. NRS 623A.285 is hereby amended to read as follows:
623A.285 1. If the board receives a copy of a court order issued pursuant to the provisions of NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration or certificate to practice as a landscape [architecture,] architect intern, the board shall deem the certificate of registration or certificate to practice as a landscape architect intern issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the certificate of registration or certificate to practice as a landscape architect intern by the district attorney or other public agency pursuant to the provisions of NRS 425.550 stating that the holder of the certificate of registration or certificate to practice as a landscape architect intern has complied with the subpoena or warrant or has satisfied the arrearage pursuant to the provisions of NRS 425.560.
2. The board shall reinstate a certificate of registration or certificate to practice as a landscape [architecture] architect intern that has been suspended by a district court pursuant to the provisions of NRS 425.540 if the board receives a letter issued by the district attorney or other public agency pursuant to the provisions of NRS 425.550 to the person whose certificate of registration or certificate to practice as a landscape architect intern was suspended stating that the person whose certificate of registration or certificate to practice as a landscape architect intern was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to the provisions of NRS 425.560.
Sec. 46. NRS 623A.290 is hereby amended to read as follows:
623A.290 1. The board, any [one of the members] member of the board or any other person who becomes aware that any one or more of the grounds for initiating disciplinary action may exist as to a holder of a certificate [holder] of registration or certificate to practice as a landscape [architecture] architect intern may file a complaint specifying the relative facts with the executive director of the board.
κ2001 Statutes of Nevada, Page 513 (CHAPTER 69, AB 310)κ
certificate [holder] of registration or certificate to practice as a landscape [architecture] architect intern may file a complaint specifying the relative facts with the executive director of the board.
2. A complaint must be made in writing and be signed and verified by the person making it.
Sec. 47. NRS 623A.310 is hereby amended to read as follows:
623A.310 1. The hearing of a complaint must be conducted by the board. The defendant [certificate holder] is entitled to appear in person and by legal counsel and must be given adequate opportunity to confront the witnesses against him, to testify and introduce the testimony of witnesses in his behalf, and to submit argument and briefs in person or by his counsel.
2. The failure of the person named in the complaint to attend his hearing or to defend himself must not delay or void the proceedings.
3. The board may, for good cause shown, continue any hearing.
4. Upon conclusion of the hearing or as soon as practicable thereafter, the board shall make and announce its decision.
Sec. 48. NRS 623A.320 is hereby amended to read as follows:
623A.320 If the board revokes or suspends a [license] certificate of registration or certificate to practice as a landscape architect intern for a fixed [time,] period, the holder of the certificate [holder] of registration or certificate to practice as a landscape architect intern may apply for a rehearing within 10 days and the board may grant [such] the application within 30 days thereafter.
Sec. 49. NRS 623A.330 is hereby amended to read as follows:
623A.330 If the board grants a rehearing, the executive director shall immediately notify the holder of the certificate [holder] of registration or certificate to practice as a landscape architect intern of the date and place [which] that the board has fixed for the rehearing, which date must not be less than 10 days thereafter. The hearing must be conducted in the same manner as the former hearing. Upon conclusion thereof, or as soon as practicable thereafter, the board shall make and announce its decision.
Sec. 50. NRS 623A.350 is hereby amended to read as follows:
623A.350 1. Except as otherwise provided in subsection 2, a complaint [shall] must not be filed against [a certificate] the holder of a certificate of registration or certificate to practice as a landscape architect intern if 2 years or more have elapsed since the occurrence of the act or omission alleged as the ground for disciplinary action.
2. If the act or omission alleges fraud or misrepresentation, the complaint [shall] must be filed within 2 years after the discovery of the fraud or misrepresentation.
Sec. 51. NRS 623A.355 is hereby amended to read as follows:
623A.355 All advertising by or business cards of a holder of a certificate [holder] of registration must include the number of his certificate [.] of registration.
Sec. 52. NRS 623A.360 is hereby amended to read as follows:
623A.360 Any person who:
1. Violates any of the provisions of this chapter;
2. Having had his certificate of registration or certificate to practice as a landscape architect intern suspended or revoked, continues to solicit business or otherwise represent himself as a landscape architect [;] or landscape architect intern;
κ2001 Statutes of Nevada, Page 514 (CHAPTER 69, AB 310)κ
3. Engages in the practice of landscape architecture without holding a certificate [issued by the board;] of registration or certificate to practice as a landscape architect intern; or
4. Uses the title or term landscape architect, landscape [designer] designer, landscape consultant, landscape draftsman or landscape architect intern, or any other title or term indicating or implying that he is a landscape architect or landscape architect intern in any sign, card, listing, advertisement or in any other manner without holding a certificate [issued by the board,] of registration or certificate to practice as a landscape architect intern,
is guilty of a misdemeanor.
Sec. 53. NRS 623A.370 is hereby amended to read as follows:
623A.370 1. A violation of a provision of this chapter by a person [unlawfully] :
(a) Unlawfully representing himself as a landscape architect , landscape designer, landscape consultant, landscape draftsman or [engaging] landscape architect intern, or using any other title or term indicating or implying that he is a landscape architect or landscape architect intern; or
(b) Engaging in the practice of landscape architecture ,
without holding a certificate [issued by the board] of registration or certificate to practice as a landscape architect intern, may be enjoined by a district court on petition by the president of the board in the name of the board. In any such proceeding it is not necessary to show that any person is individually injured.
2. If the respondent in a proceeding specified in subsection 1 is found guilty of [unlawfully] :
(a) Unlawfully representing himself as a landscape architect , landscape designer, landscape consultant, landscape draftsman or [engaging] landscape architect intern, or using any other title or term indicating or implying that he is a landscape architect or landscape architect intern; or
(b) Engaging in the practice of landscape architecture ,
without holding a certificate [issued by the board,] of registration or certificate to practice as a landscape architect intern, the court shall enjoin him from continuing that representation , usage or practice. The procedure in such cases must be the same as in any other application for an injunction. The remedy by injunction is in addition to any criminal prosecution and punishment or any disciplinary action taken by the board.
Sec. 54. Section 12 of this act is hereby amended to read as follows:
Sec. 12. 1. Any person who:
(a) Is at least 21 years of age;
(b) Is of good moral character;
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d) Has graduated from a school approved by the board or has completed at least 4 years of work experience in the practice of landscape architecture in accordance with regulations adopted by the board,
may submit an application to the board for a certificate to practice as a landscape architect intern.
2. The application must be submitted on a form furnished by the board and include [:
(a) The statement required by NRS 623A.185;
κ2001 Statutes of Nevada, Page 515 (CHAPTER 69, AB 310)κ
(b) The social security number of the applicant; and
(c) The] the applicable fees prescribed by the board pursuant to the provisions of NRS 623A.240.
Sec. 55. Notwithstanding the amendatory provisions of section 26 of this act, each member of the board of landscape architecture continues to serve until the expiration of his term.
Sec. 56. 1. This section and sections 1 to 53, inclusive, 55 and 57 of this act become effective on July 1, 2001.
2. Section 54 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
Sec. 57. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to board of landscape architecture to state board of landscape architecture.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to board of landscape architecture to state board of landscape architecture.
________
Assembly Bill No. 406Assemblymen Carpenter and Marvel
Joint Sponsor: Senator Rhoads
CHAPTER 70
AN ACT relating to the Elko Convention and Visitors Authority; repealing the requirement that the board of governors of the authority reimburse the county clerk of Elko County for all costs of a general authority election; redefining the boundaries of the authority; repealing the procedure for adding land to or excluding land from those boundaries; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 227, Statutes of Nevada 1975, as last amended by chapter 351, Statutes of Nevada 1997, at page 1276, is hereby amended to read as follows:
Sec. 4. The general obligation bonds authorized to be issued by this act are general obligation bonds of the Authority payable from general (ad valorem) property taxes to be levied by the County Commissioners of Elko County, Nevada, on behalf of the Board of the Authority, such taxes to be levied upon all taxable properties within the boundaries of the Authority as such boundaries are hereafter established
κ2001 Statutes of Nevada, Page 516 (CHAPTER 70, AB 406)κ
and defined and from time to time redefined by reason of the inclusion of additional lands [.] within, or the exclusion of lands from, the boundaries of the Authority.
Sec. 2. Section 8 of chapter 227, Statutes of Nevada 1975, as last amended by chapter 686, Statutes of Nevada 1997, at page 3479, is hereby amended to read as follows:
Sec. 8. 1. The Authority must be governed by a Board of Governors consisting of five members appointed or elected as follows:
(a) One member appointed by the board of supervisors of the City of Elko, who must be a current member of the board of supervisors;
(b) One member appointed by the board of county commissioners of Elko County, who must be a current member of the board of county commissioners;
(c) Two members elected at large, who must reside within the City of Elko and within the boundaries of the Authority; and
(d) One member elected at large, who must reside outside the City of Elko but within the boundaries of the Authority.
2. Subject to the provisions of subsection 3, the terms of those members appointed pursuant to paragraphs (a) and (b) of subsection 1 are coterminous with their respective terms in their specified elective offices.
3. Those members appointed pursuant to paragraph (a) or (b) of subsection 1 may be removed by the appointing board with or without cause.
4. Any vacancy occurring among the members of the Board appointed pursuant to paragraph (a) or (b) of subsection 1 must be filled promptly by the board which appointed the member whose position has become vacant. Any vacancy occurring among the members of the board elected pursuant to paragraph (c) or (d) of subsection 1 must be filled promptly by appointment by the board of county commissioners of Elko County. The member appointed by the board of county commissioners to fill a vacancy in a position created pursuant to paragraph (c) or (d) must not be a member of the board of county commissioners but must meet the residency requirements for the vacant position.
5. If a member elected pursuant to paragraph (c) or (d) of subsection 1 or appointed to fill a vacancy in a position created pursuant to one of those paragraphs ceases to reside in the area specified in the paragraph under which he was elected or appointed, he is automatically disqualified from serving on the Board. A disqualified members position must be filled by the prompt appointment of a successor in the manner specified in subsection 4.
6. The term of a person appointed to fill a vacancy is the unexpired term of the member he replaces.
7. A general authority election must be held in conjunction with the general election in 1992 and with such elections every 2 years thereafter. The three members of the Board described in paragraphs (c) and (d) of subsection 1 must be elected at the general authority election in 1992. The offices created pursuant to those paragraphs are nonpartisan. Each candidate for one of these offices must file a declaration of candidacy with the county clerk not earlier than January 1 preceding the election and not later than 5 p.m. on the third Friday in August of the year of the election.
κ2001 Statutes of Nevada, Page 517 (CHAPTER 70, AB 406)κ
August of the year of the election. The terms of office of the members described in paragraphs (c) and (d) of subsection 1 are 4 years, except that, the initial term of office of one of the members described in paragraph (c) of subsection 1 is 2 years. The county clerk shall designate the seat which will have an initial term of 2 years before any candidate files a declaration of candidacy for the election. The period for registering to vote in the general authority election must be closed on the 30th calendar day preceding the date of the election. All persons who are qualified to vote at general elections in this state and reside within the boundaries of the authority upon the date of the close of registration are entitled to vote at the general authority election. [The Board shall reimburse the county clerk for all costs of each general authority election.] Except as otherwise provided in this subsection, a general authority election must be carried out in the same manner as provided for other general elections in Title 24 of NRS.
Sec. 3. Section 13 of chapter 227, Statutes of Nevada 1975, as amended by chapter 345, Statutes of Nevada 1993, at page 1100, is hereby amended to read as follows:
Sec. 13. The Authority may provide for the publication by title of any resolution which it may adopt for the issuance of bonds or for the inclusion or exclusion of lands under this Act, in one issue of a newspaper having circulation within the County of Elko. For a period of 30 days after the date of publication , any person in interest may contest the legality of the resolution or any bonds which may be issued pursuant thereto or any of the provisions made for the security and payment of the bonds, including the boundaries of the Authority, or with respect to any special, primary or general election at which the bonds or any portion thereof are authorized, or for the inclusion or exclusion of the lands, but after that time no person may bring a cause of action to contest the regularity, formality or legality thereof for any cause.
Sec. 4. Section 18 of chapter 227, Statutes of Nevada 1975, at page 274, is hereby amended to read as follows:
Sec. 18. The boundaries of the Authority [shall include all lands now and hereinafter within the City of Elko, together with all lands within 3 miles of the present boundaries of the City of Elko and together with those lands generally designated in the Official Records of Elko County, Nevada, as follows:
Humboldt River Ranchos Inc., Unit No. 1.
Town of Lamoille as shown on the Map of the Town of Lamoille, including Tract A, File No. 37018 and on Map of the First Addition, Town of Lamoille, File No. 107888.
Last Chance Ranch Inc., Units No. 1, 2 and 3.
L.C.R. 11 Subdivision.
Lucky Nugget Ranches Inc., Unit No. 1 and the unvacated portions of Unit No. 2.
Meadow Valley Ranchos Units No. 1 through 5, inclusive, and 7 through 12, inclusive.
Pleasant Valley Estates.
River Valley Ranches, Unit No. 1.
Twin River Ranchos, Inc., Units No. 2, 3 and 4.
Valley Vista Acres.
κ2001 Statutes of Nevada, Page 518 (CHAPTER 70, AB 406)κ
Spring Creek Tracts No. 101, 102, 103, 201, 301, 101‑A, 104, 105, 107, 106‑A, the unabandoned portion of 401, 106‑B, the unabandoned portion of 106‑C, 202, 303, 402, 304, 109, 403 and 106‑D, inclusive.] include all lands, except the incorporated City of Carlin and those lands that have a current agricultural use assessment from the county assessor of Elko County pursuant to chapter 361A of NRS, located within the boundaries described as follows: Beginning at the southwest corner of Elko County, and running thence northerly and westerly along the boundary common to Elko and Eureka Counties to its intersection with a line perpendicular to the northern boundary of the City of Carlin; thence easterly along the northern boundary of the City of Carlin to its extended intersection with the Cadastral Survey Range Line common to Range 52 and Range 53, M.D.B. & M.; thence north along the Cadastral Survey Range Line common to Range 52 and Range 53, M.D.B. & M., to its intersection with Fish Creek; thence easterly to the summit of Swales Mountain of the Independence Mountain Range; thence northerly along the crest of the Independence Mountain Range to its intersection with the Cadastral Survey Township Line common to Township 43 and Township 44, M.D.B. & M.; thence east along the Cadastral Survey Township Line common to Township 43 and Township 44, M.D.B. & M., to its intersection with the Cadastral Survey Range Line common to Range 61 and Range 62, M.D.B. & M.; thence south along the Cadastral Survey Range Line common to Range 61 and Range 62, M.D.B. & M., to its intersection with the centerline of State Route 231, also known as the Angel Lake access road; thence southerly and westerly along the centerline of State Route 231 to Angel Lake; thence west to the crest of the East Humboldt Mountain Range; thence southerly and westerly along the crest of the East Humboldt Mountain Range and the Ruby Mountain Range to its intersection with the southern boundary of Elko County; thence west along the southern boundary of Elko County to the point of beginning.
Sec. 5. If a member of the board of governors of the Elko Convention and Visitors Authority elected pursuant to paragraph (c) or (d) of subsection 1 of section 8 of chapter 227, Statutes of Nevada 1975, as last amended by chapter 686, Statutes of Nevada 1997, at page 3479, ceases to reside within the boundaries of the authority on the effective date of this act, he is automatically disqualified from serving on the board. A disqualified members position must be filled by the prompt appointment of a successor in the manner specified in subsection 4 of that section.
Sec. 6. Section 26 of chapter 227, Statutes of Nevada 1975, as amended by chapter 275, Statutes of Nevada 1979, at page 383, is hereby repealed.
Sec. 7. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 519κ
Assembly Bill No. 335Assemblyman Hettrick
CHAPTER 71
AN ACT relating to collection agencies; requiring the commissioner of financial institutions to conduct investigations, issue orders to cease and desist, impose administrative fines and bring suit against unlicensed persons who engage in activities relating to the collection of debts for which a license is required; increasing the penalty for certain violations; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 649 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commissioner shall conduct an investigation if he receives a verified complaint from any person that sets forth reason to believe that an unlicensed person is engaging in an activity for which a license is required pursuant to this chapter.
2. If the commissioner determines that an unlicensed person is engaging in an activity for which a license is required pursuant to this chapter, the commissioner shall issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person obtains a license from the commissioner.
3. If a person upon whom an order to cease and desist is served does not comply with the order within 30 days after service, the commissioner shall, after notice and opportunity for a hearing:
(a) Impose upon the person an administrative fine of $10,000; or
(b) Enter into a written consent agreement with the person pursuant to which the person agrees to cease and desist from all unlicensed activity in this state relating to the collection of debts, and impose upon the person an administrative fine of not less than $5,000 and not more than $10,000.
The imposition of an administrative fine pursuant to this subsection is a final decision for the purposes of judicial review.
4. The commissioner shall bring suit in the name and on behalf of the State of Nevada against a person upon whom an administrative fine is imposed pursuant to subsection 3 to recover the amount of the administrative fine:
(a) If no petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for more than 90 days after notice of the imposition of the fine; or
(b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for more than 90 days after exhaustion of any right of appeal in the courts of this state resulting in a final determination that upholds the imposition of the fine.
5. A persons liability for an administrative fine is in addition to any other penalty provided in this chapter.
κ2001 Statutes of Nevada, Page 520 (CHAPTER 71, AB 335)κ
Sec. 2. NRS 649.435 is hereby amended to read as follows:
649.435 Any person who violates any provision of this chapter is guilty of a gross misdemeanor. Each day a person operates a collection agency in violation of the provisions of this chapter is a separate violation under this section.
Sec. 3. The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.
________
Assembly Bill No. 570Committee on Government Affairs
CHAPTER 72
AN ACT relating to the charter of Carson City; establishing a residency requirement for members of advisory boards; prohibiting certain officers from serving on certain boards after their terms of office expire; revising the requirements for the office of purchasing and contracts; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding thereto a new section to be designated as section 3.140, immediately following section 3.130, to read as follows:
Sec. 3.140 Officers: Removal from public board. The following officers may not continue to serve as representatives on a public board, if they obtained such position by virtue of their elected office, after their term in office has expired:
1. The mayor;
2. A supervisor;
3. The clerk;
4. The treasurer;
5. The assessor;
6. The sheriff; and
7. The district attorney.
Sec. 2. Section 2.320 of the charter of Carson City, being chapter 690, Statutes of Nevada 1979, at page 1857, is hereby amended to read as follows:
Sec. 2.320 Power of board: Advisory boards. The board may by resolution or ordinance create advisory boards comprised of elected and appointed officers and representatives of the people of Carson City to advise the board of supervisors in specific areas of local government, including, without limitation , public safety, public employees, finance, human resources and public property and facilities. A person serving on an advisory board that only serves Carson City must be a resident of Carson City and registered to vote in Carson City.
κ2001 Statutes of Nevada, Page 521 (CHAPTER 72, AB 570)κ
Sec. 3. Section 3.077 of the charter of Carson City, being chapter 690, Statutes of Nevada 1979, as amended by chapter 535, Statutes of Nevada 1993, at page 2240, is hereby amended to read as follows:
Sec. 3.077 Office of purchasing and contracts; director.
1. [There is created] The board may create in Carson City an office of purchasing and contracts to be administered by a director of purchasing and contracts appointed by the manager. If there is no manager , the board [shall] may appoint the director of purchasing and contracts. The salary of the director must be fixed by the board.
2. [The] If an office of purchasing and contracts is created, the director of purchasing and contracts shall:
(a) Administer the purchasing and contracts programs of Carson City, including the preparation, award and acceptance of formal contracts, agreements and construction bids and the purchase of materials, equipment, supplies and professional services for all offices and departments of Carson City.
(b) Comply with the provisions of the Local Government Purchasing Act.
(c) Within the limits of available money, maintain an inventory of supplies that are used on a repeated basis.
(d) With the assistance of the controller, establish procedures for emergency purchases of materials, equipment and supplies by individual offices and departments.
(e) Perform other duties as directed by the manager.
Sec. 4. This act becomes effective on July 1, 2001.
________
Assembly Bill No. 621Committee on Commerce and Labor
CHAPTER 73
AN ACT relating to real estate; clarifying the authority of the real estate commission, real estate administrator and real estate division of the department of business and industry to impose a fine or penalty or to initiate or continue an investigation, action or disciplinary proceeding against a person whose license or permit is surrendered, suspended or expired and against certain other persons; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:
The expiration or revocation of a license, permit or registration by operation of law or by order or decision of the commission or a court of competent jurisdiction, or the voluntary surrender of a license, permit or registration by a real estate broker, real estate broker-salesman, real estate salesman, property manager or owner-developer does not:
1. Prohibit the administrator, commission or division from initiating or continuing an investigation of, or action or disciplinary proceeding against, the real estate broker, real estate broker-salesman, real estate salesman, property manager or owner-developer as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or
κ2001 Statutes of Nevada, Page 522 (CHAPTER 73, AB 621)κ
salesman, property manager or owner-developer as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the real estate broker, real estate broker-salesman, real estate salesman, property manager or owner-developer.
Sec. 2. NRS 645.630 is hereby amended to read as follows:
645.630 The commission may require a licensee , property manager or owner-developer to pay an administrative fine of not more than $5,000 for each violation he commits or suspend, revoke , deny the renewal of or place conditions upon his license , permit or registration, or [do both,] impose any combination of those actions, at any time if the licensee , property-manager or owner-developer has, by false or fraudulent representation, obtained a license , permit or registration, or the licensee , property manager or owner-developer, whether or not acting as such, is found guilty of:
1. Making any material misrepresentation.
2. Making any false promises of a character likely to influence, persuade or induce.
3. Accepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter or chapter 119 or 119A of NRS from any person except the licensed real estate broker with whom he is associated or the owner-developer by whom he is employed.
4. Representing or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.
5. Failing to maintain, for review and audit by the division, each brokerage agreement governed by the provisions of this chapter and entered into by the licensee.
6. Failing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.
7. If he is required to maintain a trust account:
(a) Failing to balance the trust account at least monthly; and
(b) Failing to submit to the division an annual accounting of the trust account as required in NRS 645.310.
8. Commingling the money or other property of his clients with his own or converting the money of others to his own use.
9. In the case of a broker-salesman or salesman, failing to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.
10. Accepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase and that fact is shown in the receipt for the earnest money.
11. Upon acceptance of an agreement, in the case of a broker, failing to deposit any check or cash received as earnest money before the end of the next banking day unless otherwise provided in the purchase agreement.
12. Inducing any party to a brokerage agreement, sale or lease to break it in order to substitute a new brokerage agreement, agreement of sale or lease with the same or another party if the inducement to make the substitution is offered to secure personal gain to the licensee or owner-developer.
κ2001 Statutes of Nevada, Page 523 (CHAPTER 73, AB 621)κ
If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the board.
Sec. 3. NRS 645.660 is hereby amended to read as follows:
645.660 1. Any unlawful act or violation of any of the provisions of this chapter by any licensee is not cause [for the suspension or revocation of a] to suspend, revoke or deny the renewal of the license of any person associated with the licensee, unless it appears to the satisfaction of the commission that the associate knew or should have known thereof. A course of dealing shown to have been persistently and consistently followed by any licensee constitutes prima facie evidence of such knowledge upon the part of the associate.
2. If it appears that a registered owner-developer knew or should have known of any unlawful act or violation on the part of a real estate broker, broker-salesman or salesman employed by him, in the course of his employment, the commission may suspend , [or] revoke or deny the renewal of his registration and may assess a civil penalty of not more than $5,000.
3. The commission may suspend , [or] revoke or deny the renewal of the license of a real estate broker and may assess a civil penalty of not more than $5,000 against him if it appears he has failed to maintain adequate supervision of a salesman or broker-salesman associated with him and that person commits any unlawful act or violates any of the provisions of this chapter.
Sec. 4. NRS 645.680 is hereby amended to read as follows:
645.680 1. The procedure set forth in this section and NRS 645.690 must be followed before the [revocation or suspension] commission revokes, suspends or denies the renewal of any license [.] , permit or registration of an owner-developer issued pursuant to this chapter.
2. Upon the initiation of a complaint by the administrator, the matter must be set for a hearing by the administrator, who shall schedule a hearing before the commission, and the licensee , permit or owner-developer is entitled to be heard thereon in person or by counsel.
3. The commission shall hold the hearing within 90 days after the filing of a complaint by the administrator. The time of the hearing may be continued upon the motion of the commission or at the discretion of the commission, upon the written request of the licensee , permittee or owner-developer or of the division for good cause shown.
4. The licensee , permittee or owner-developer must be given at least 30 days notice in writing by the division of the date, time and place of the hearing together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in possession of the division relevant to the complaint. The division may present evidence obtained after the notice only if the division shows that the evidence was not available after diligent investigation before the time notice was given to the licensee , permittee or owner-developer and that the evidence was given or communicated to the licensee , permittee or owner-developer immediately after it was obtained.
5. Notice is complete upon delivery personally to the licensee, permittee or owner-developer or by mailing by certified mail to the last known address of the licensee [.] , permittee or owner-developer. If the licensee is a broker-salesman or salesman, the division shall also notify the broker with whom he is associated, or the owner-developer by whom he is employed, by mailing an exact statement of the charges and the date, time and place of the hearing by certified mail to the owner-developer or brokers last known address.
κ2001 Statutes of Nevada, Page 524 (CHAPTER 73, AB 621)κ
an exact statement of the charges and the date, time and place of the hearing by certified mail to the owner-developer or brokers last known address.
Sec. 5. NRS 645.685 is hereby amended to read as follows:
645.685 1. The licensee , permittee or owner-developer shall file an answer to the charges with the commission no later than 30 days after service of the notice and other documents described in subsection 4 of NRS 645.680. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the licensee , permittee or owner-developer will rely. If no answer is filed within the time limit described in this subsection, the division may, after notice to the licensee , permittee or owner-developer served in the manner authorized in subsection 5 of NRS 645.680, move the commission for the entry of a default against the licensee [.] , permittee or owner-developer.
2. The answer may be served by delivery to the commission, or by mailing the answer by certified mail to the principal office of the division.
3. No proceeding [for the suspension or revocation] to suspend, revoke or deny the renewal of any license or registration of an owner-developer may be maintained unless it is commenced by the giving of notice to the licensee , permittee or owner-developer within 3 years of the time of the act charged, whether of commission or omission, except:
(a) If the charges are based upon a misrepresentation, or failure to disclose, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation or failure to disclose; and
(b) Whenever any action or proceeding is instituted to which the division , [or the] licensee , permittee or owner-developer is a party and which involves the conduct of the licensee , permittee or owner-developer in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding pursuant to this chapter to suspend , [or] revoke or deny the renewal of the license , permit or registration is suspended during the pendency of the action or proceeding.
Sec. 6. NRS 645.690 is hereby amended to read as follows:
645.690 1. The hearing on the charges must be held at such time and place as the commission prescribes. The hearing may be held by the commission or a majority thereof, and the hearing must be held, if the licensee , permittee or owner-developer so requests in writing, within the northern or southern district, as set forth in NRS 645.100, within which the [licensees] principal place of business of the licensee, permittee or owner-developer is situated.
2. At the hearing, a stenographic transcript of the proceedings must be made if requested or required for judicial review. Any party to the proceedings desiring a transcript must be furnished with a copy upon payment to the division of the reasonable cost of transcription.
Sec. 7. NRS 645.990 is hereby amended to read as follows:
645.990 1. A person who:
(a) Obtains or attempts to obtain a license pursuant to this chapter by means of intentional misrepresentation, deceit or fraud; or
(b) Sells or attempts to sell in this state any interest in real property by means of intentional misrepresentation, deceit or fraud,
is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
κ2001 Statutes of Nevada, Page 525 (CHAPTER 73, AB 621)κ
2. Any licensee , permittee or owner-developer who commits an act described in NRS 645.630, 645.633 or 645.635 shall be punished by a fine of not more than $5,000 for each offense.
3. A person who violates any other provision of this chapter, if a natural person, is guilty of a gross misdemeanor, and if a limited-liability company, partnership, association or corporation, shall be punished by a fine of not more than $2,500.
4. Any officer or agent of a corporation, or member or agent of a limited-liability company, partnership or association, who personally participates in or is an accessory to any violation of this chapter by the limited-liability company, partnership, association or corporation, is subject to the penalties prescribed in this section for natural persons.
5. [Nothing in this section releases] The provisions of this section do not release a person from civil liability or criminal prosecution pursuant to the general laws of this state.
6. The administrator may prefer a complaint for violation of NRS 645.230 before any court of competent jurisdiction and may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.
7. Any court of competent jurisdiction may try any violation of this chapter, and upon conviction the court may revoke or suspend the license of the person so convicted, in addition to imposing the other penalties provided in this section.
8. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the administrator.
Sec. 8. Chapter 645C of NRS is hereby amended by adding thereto a new section to read as follows:
The expiration or revocation of a certificate, license or registration card by operation of law or by order or decision of the commission or a court of competent jurisdiction, or the voluntary surrender of a certificate, license or registration card by a certified or licensed appraiser or registered intern does not:
1. Prohibit the commission or division from initiating or continuing an investigation of, or action or disciplinary proceeding against, the certified or licensed appraiser or registered intern as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the certified or licensed appraiser or registered intern.
Sec. 9. NRS 645C.460 is hereby amended to read as follows:
645C.460 1. Grounds for disciplinary action against a certified or licensed appraiser or registered intern include:
(a) Unprofessional conduct;
(b) Professional incompetence;
(c) A criminal conviction for a felony or any offense involving moral turpitude; and
(d) The suspension or revocation of a registration card, certificate, license or permit to act as an appraiser in any other jurisdiction.
2. If grounds for disciplinary action against an appraiser or intern exist, the commission may do one or more of the following:
κ2001 Statutes of Nevada, Page 526 (CHAPTER 73, AB 621)κ
(a) Revoke or suspend his certificate, license or registration card.
(b) Place conditions upon his certificate, license or registration card, or upon the reissuance of a certificate, license or registration card revoked pursuant to this section.
(c) Deny the renewal of his certificate, license or registration card.
(d) Impose a fine of not more than $1,000 for each violation.
3. If a certificate, license or registration card is revoked by the commission, another certificate, license or registration card must not be issued to the same appraiser or intern for at least [one] 1 year after the date of the revocation, or at any time thereafter except in the sole discretion of the administrator, and then only if the appraiser or intern satisfies all the requirements for an original certificate, license or registration card.
4. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the commission.
Sec. 10. NRS 645C.500 is hereby amended to read as follows:
645C.500 1. Except as otherwise provided in NRS 425.540, the procedure set forth in this section and NRS 645C.510 and 645C.520 must be followed before the [revocation or suspension] commission revokes, suspends or denies the renewal of a certificate, license or registration card.
2. Upon the initiation of a complaint by the administrator, he shall set the matter for a hearing and schedule a date for the hearing before the commission. The appraiser or intern is entitled to appear at the hearing in person and to be represented by counsel.
3. The commission shall hold the hearing within 90 days after the filing of a complaint by the administrator. The hearing may be continued by the commission upon its own motion, or at the discretion of the commission upon the written request of the division, appraiser or intern, for good cause shown.
4. The division shall give written notice of the date, time and place of the hearing, together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in the possession of the division relevant to the complaint, to the appraiser or intern not less than 30 days before the hearing. The division may present evidence it obtains after the notice was given only if it shows that the evidence was not available upon diligent investigation before the notice was given and that the evidence was given or communicated to the appraiser or intern immediately after it was obtained.
5. Notice pursuant to this section is deemed to be given upon personal delivery to the appraiser or intern, or upon mailing by certified mail to his last known address. If the complaint is against an intern, the division shall also notify the appraiser with whom he is associated by mailing an exact statement of the charges, and the date, time and place of the hearing, by certified mail to the last known address of the appraiser.
Sec. 11. NRS 645C.510 is hereby amended to read as follows:
645C.510 1. The appraiser or intern must file an answer to the charges with the commission not later than 30 days after service of the notice and other documents described in NRS 645C.500. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the appraiser or intern will rely. If no answer is filed within the period described in this subsection, the division may, after notice to the appraiser or intern given in the manner provided in subsection 5 of NRS 645C.500, move the commission for the entry of a default against the appraiser or intern.
κ2001 Statutes of Nevada, Page 527 (CHAPTER 73, AB 621)κ
NRS 645C.500, move the commission for the entry of a default against the appraiser or intern.
2. The answer may be served by delivery to the commission, or by mailing the answer by certified mail to the principal office of the division.
3. No proceeding [for the suspension or revocation] to suspend, revoke or deny the renewal of a certificate, license or registration card may be maintained unless it is commenced by giving notice to the appraiser or intern within 3 years after the commission or omission of the alleged grounds [for suspension or revocation,] to suspend, revoke or deny the renewal of the certificate, license or registration, except that:
(a) If the charges are based upon a misrepresentation or failure to disclose, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation or failure to disclose; and
(b) The period is suspended during the pendency of any action or proceeding, to which the division, appraiser or intern is a party, which involves the conduct of the appraiser or intern in a transaction to which the alleged grounds [for suspension or revocation] to suspend, revoke or deny the renewal of the certificate, license or registration are related.
Sec. 12. Chapter 645D of NRS is hereby amended by adding thereto a new section to read as follows:
The expiration or revocation of a certificate by operation of law or by order or decision of a hearing officer or court of competent jurisdiction, or the voluntary surrender of a certificate by a certified inspector does not:
1. Prohibit the division from initiating or continuing an investigation of, or action or disciplinary proceeding against, the certified inspector as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the certified inspector.
Sec. 13. NRS 645D.700 is hereby amended to read as follows:
645D.700 1. Grounds for disciplinary action against a certified inspector are:
(a) Unprofessional conduct;
(b) Professional incompetence; and
(c) A criminal conviction for a felony or any offense involving moral turpitude.
2. If grounds for disciplinary action against a certified inspector exist, the division may, after providing the inspector with notice and an opportunity for a hearing, do one or more of the following:
(a) Revoke or suspend his certificate.
(b) Place conditions upon his certificate or upon the reissuance of a certificate revoked pursuant to this section.
(c) Deny the renewal of his certificate.
(d) Impose a fine of not more than $1,000 for each violation.
3. If a certificate is revoked by the division, another certificate must not be issued to the same inspector for at least 1 year after the date of the revocation, or at any time thereafter except in the sole discretion of the administrator, and then only if the inspector satisfies the requirements for an original certificate.
κ2001 Statutes of Nevada, Page 528 (CHAPTER 73, AB 621)κ
Sec. 14. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:
The expiration or revocation of a certificate for the management of a common-interest community by operation of law or by order or decision of the real estate commission or a court of competent jurisdiction, or the voluntary surrender of such a certificate by the holder of the certificate does not:
1. Prohibit the real estate division of the department of business and industry or real estate commission from initiating or continuing an investigation of, or action or disciplinary proceeding against, the holder of the certificate as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the holder of the certificate.
Sec. 15. NRS 116.1203 is hereby amended to read as follows:
116.1203 1. Except as otherwise provided in subsection 2, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS 116.1105, 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.
2. Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, NRS 116.3101 to 116.3119, inclusive, and section 14 of this act, and 116.110305 to 116.110393, inclusive, to the extent necessary in construing any of those sections, apply to a residential planned community containing more than six units.
Sec. 16. Chapter 119 of NRS is hereby amended by adding thereto a new section to read as follows:
The expiration or revocation of a property report, permit, partial registration, exemption, license or registration by operation of law or by order or decision of the administrator, a hearing officer or a court of competent jurisdiction, or the voluntary surrender of a property report, permit, partial registration, exemption, license or registration by a developer, broker, real estate salesman or registered representative does not:
1. Prohibit the administrator or division from initiating or continuing an investigation of, or action or disciplinary proceeding against, the developer, broker, real estate salesman or registered representative as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the developer, broker, real estate salesman or registered representative.
Sec. 17. NRS 119.165 is hereby amended to read as follows:
119.165 1. A developers permit must be renewed annually by the developer by filing an application with and paying the fee for renewal to the administrator. The application must be filed and the fee paid not later than 30 days before the date on which the permit expires. The application must include any change that has occurred in the information previously provided to the administrator or in a property report provided to a prospective purchaser pursuant to the provisions of NRS 119.182.
κ2001 Statutes of Nevada, Page 529 (CHAPTER 73, AB 621)κ
2. The renewal is effective on the 30th day after the filing of the application unless the administrator:
(a) Denies the renewal [;] pursuant to NRS 119.325 or for any other reason; or
(b) Approves the renewal on an earlier date.
Sec. 18. NRS 119.190 is hereby amended to read as follows:
119.190 [Any] In addition to any other penalty imposed by this chapter, the division:
1. Shall suspend or revoke the license or registration of a broker, real estate salesman or registered representative [violating] who violates any provision of this chapter [shall, in addition to any other penalty imposed by this chapter, have his license or registration suspended or revoked by the division] for such time as in the circumstances it considers justified.
2. May deny the renewal of the license or registration of a broker, real estate salesman or registered representative who violates any provision of this chapter.
Sec. 19. NRS 119.325 is hereby amended to read as follows:
119.325 The administrator may impose a fine or suspend, revoke , deny the renewal of or place conditions upon the property report, permit, partial registration, exemption or license issued pursuant to this chapter of a developer at any time if:
1. The developer obtained the property report, permit, partial registration, exemption or license by false or fraudulent representation; or
2. The developer violates any of the terms or conditions of the property report, permit, partial registration, exemption or license, the provisions of this chapter or the regulations adopted pursuant thereto.
The administrator shall not impose a fine of more than $5,000 pursuant to this section.
Sec. 20. Chapter 119A of NRS is hereby amended by adding thereto a new section to read as follows:
The expiration or revocation of a license or permit by operation of law or by order or decision of a hearing officer or a court of competent jurisdiction, or the voluntary surrender of a license or permit by a sales agent, project broker or developer does not:
1. Prohibit the administrator, division or real estate commission from initiating or continuing an investigation of, or action or disciplinary proceeding against, the sales agent, project broker or developer; or
2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter against the sales agent, project broker or developer.
Sec. 21. NRS 119A.230 is hereby amended to read as follows:
119A.230 1. The administrator may impose a fine or suspend, revoke , [or] reissue, subject to conditions, or deny the renewal of any sales agents license issued under the provisions of this chapter at any time if the sales agent has, by false or fraudulent application or representation, obtained a license or, whether or not acting as a sales agent, is found guilty of:
(a) Making any material misrepresentation;
(b) Making any false promises of a character likely to influence, persuade or induce;
(c) Engaging in any fraudulent, misleading or oppressive sales techniques or tactics;
κ2001 Statutes of Nevada, Page 530 (CHAPTER 73, AB 621)κ
(d) Accepting a commission or valuable consideration as a sales agent for the performance of any of the acts specified in this chapter from any person except a licensed project broker with whom the sales agent is associated or the developer by whom he is employed;
(e) Failing, within a reasonable time, to account for or remit or turn over to the project broker any money which comes into his possession and which belongs to others;
(f) Violating any of the provisions of this chapter or chapter 119B of NRS or of any regulation adopted pursuant to either chapter, or willfully aiding or abetting another to do so; or
(g) A felony or other crime of moral turpitude or has entered a plea of nolo contendere to a felony or other crime of moral turpitude.
2. The administrator may investigate the actions of any sales agent or any person who acts in such a capacity within the State of Nevada.
Sec. 22. NRS 119A.355 is hereby amended to read as follows:
119A.355 1. A permit must be renewed annually by the developer by filing an application with and paying the fee for renewal to the administrator. The application must be filed and the fee paid not later than 30 days before the date on which the permit expires. The application must include the budget of the association of time-share owners or the budget of the developer, if there is no association, and any change that has occurred in the information previously provided to the administrator or in a statement of disclosure provided to a prospective purchaser pursuant to the provisions of NRS 119A.400.
2. The renewal is effective on the 30th day after the filing of the application unless the administrator:
(a) Denies the renewal [;] pursuant to NRS 119A.654 or for any other reason; or
(b) Approves the renewal on an earlier date.
Sec. 23. NRS 119A.630 is hereby amended to read as follows:
119A.630 For any proceeding held pursuant to a provision of this chapter, except a hearing to impose a fine or revoke , [or] suspend or deny the renewal of a license [,] or permit, the administrator may appoint a hearing officer from the staff of the department of business and industry who shall act as his agent and conduct any hearing or investigation which may be conducted by the administrator pursuant to this chapter. The administrator shall appoint a hearing officer to conduct a hearing to impose a fine or revoke , [or] suspend or deny the renewal of a license [.] or permit.
Sec. 24. NRS 119A.652 is hereby amended to read as follows:
119A.652 1. The division shall regularly inspect the files of transactions, records of trusts and relevant accounts of all project brokers and developers.
2. [The] If a project broker or developer fails to allow or cooperate fully with such an inspection, the division may [impose] :
(a) Impose a fine or suspend or revoke the license or permit of [any] the project broker or developer [who fails to allow or cooperate fully with such an inspection.] ; or
(b) Deny the renewal of the license of the project broker.
3. The division shall adopt regulations specifying the procedure for such inspections.
κ2001 Statutes of Nevada, Page 531 (CHAPTER 73, AB 621)κ
Sec. 25. NRS 119A.654 is hereby amended to read as follows:
119A.654 The administrator may impose a fine or suspend, revoke , deny the renewal of or place conditions upon the permit of a developer at any time if the developer:
1. Obtained the permit by false or fraudulent representation; or
2. Violates any of the terms or conditions of the permit, the provisions of this chapter or the regulations adopted pursuant thereto.
Sec. 26. NRS 119A.655 is hereby amended to read as follows:
119A.655 1. The procedure set forth in this section must be followed before the [imposition of a fine or revocation or suspension of] administrator or division imposes a fine or revokes, suspends or denies the renewal of any license or permit [.] issued pursuant to this chapter.
2. Upon the initiation of a complaint by the administrator, the matter must be set for a hearing by the administrator, who shall schedule a hearing before the hearing officer, and the licensee or permittee is entitled to be heard thereon in person or by counsel.
3. The hearing officer shall hold the hearing within 90 days after the filing of a complaint by the administrator. The time of the hearing may be continued at the discretion of the hearing officer, upon the written request of the licensee or permittee or of the administrator for good cause shown.
4. The licensee or permittee must be given at least 30 days notice in writing by the administrator of the date, time and place of the hearing together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in possession of the division relevant to the complaint. The administrator may present evidence obtained after the notice only if he shows that the evidence was not available after diligent investigation before the time notice was given to the licensee or permittee and that the evidence was given or communicated to the licensee or permittee immediately after it was obtained.
5. Notice is complete upon delivery personally to the licensee [,] or permittee or upon mailing by certified mail to the last known address of the licensee [.] or permittee. If the licensee is a sales agent, the administrator shall also notify the broker with whom he is associated, or the developer by whom he is employed, by mailing an exact statement of the charges and the date, time and place of the hearing by certified mail to the developers or brokers last known address.
Sec. 27. NRS 119A.656 is hereby amended to read as follows:
119A.656 1. Within 20 days after service of the notice upon him, the licensee or permittee shall file an answer to the charges with the division. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the licensee or permittee will rely.
2. The answer may be served by delivery to the administrator, or by mailing the answer by certified mail to the principal office of the division.
3. No proceeding [for the imposition of] to impose a fine or [the suspension or revocation] suspend, revoke or deny the renewal of any license or permit may be maintained unless it is commenced by the giving of notice to the licensee or permittee within 3 years after the time of the act charged, whether of commission or omission, except:
(a) If the charges are based upon a failure to disclose or misrepresentation, the period does not commence until the discovery of facts which do or should lead to the discovery of the failure to disclose or misrepresentation; and
κ2001 Statutes of Nevada, Page 532 (CHAPTER 73, AB 621)κ
which do or should lead to the discovery of the failure to disclose or misrepresentation; and
(b) Whenever any action or proceeding is instituted to which the division , [or the] licensee or permittee is a party and which involves the conduct of the licensee or permittee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding under this chapter to impose a fine or suspend , [or] revoke or deny the renewal of the license or permit is suspended during the pendency of the action or proceeding.
Sec. 28. NRS 119A.657 is hereby amended to read as follows:
119A.657 1. The hearing officer shall render a decision on any complaint within 60 days after the final hearing thereon and shall give notice in writing of the ruling or decision to the applicant , [or] licensee or permittee affected thereby by certified mail to the last known address of the person to whom the notice is sent.
2. If the ruling is adverse to the licensee [,] or permittee, the hearing officer shall also state in the notice the date upon which the ruling or decision becomes effective, which date must not be less than 30 days after the date of the notice.
3. The decision of the hearing officer may not be stayed by any appeal unless the district court so orders upon motion of the licensee [,] or permittee, notice to the division of the motion and opportunity for the division to be heard.
4. An appeal from a decision of the district court affirming the imposition of a fine or the revocation , [or] suspension or denial of the renewal of a license or permit does not stay the order of the hearing officer unless the district or appellate court upon petition of the licensee or permittee after notice and hearing orders such stay, and upon the filing of a bond for costs in the amount of $1,000.
Sec. 29. NRS 119A.658 is hereby amended to read as follows:
119A.658 1. A ruling or decision of the hearing officer in any disciplinary action is final when in favor of the licensee [.] or permittee.
2. If a ruling or decision is against the licensee [,] or permittee, the licensee or permittee may within 30 days after the date of the decision appeal therefrom to the district court for the county in which the party adversely affected by the decision resides or has his place of business under the terms of this chapter, by filing in the district court and serving upon the administrator personally or by certified mail a notice of the appeal, a written petition for review and a demand in writing for a certified transcript and copies of all the papers on file in the office of the division affecting or relating to the decision and the evidence taken at the hearing. Thereupon, the division shall, within 30 days, make and certify the transcript and the copies and file them with the clerk of the court. The petition for review need not be verified but must set forth in specific detail any ground for the appeal, including any errors which the licensee or permittee contends that the hearing officer committed at the hearing.
3. The appellants opening brief must be filed in the district court within 30 days after the date on which the transcript is filed with the court. The respondents answering brief must be filed within 30 days after the appellants opening brief is filed. If the appellant chooses to file a reply brief, it must be filed within 10 days after the respondents answering brief is filed. Failure to file a brief within the time prescribed in this section constitutes a waiver of the right to file that brief, unless the court grants an extension for good cause shown.
κ2001 Statutes of Nevada, Page 533 (CHAPTER 73, AB 621)κ
waiver of the right to file that brief, unless the court grants an extension for good cause shown.
4. The burden of proof in the appeal is on the appellant. The court shall consider the action of the administrator upon which the decision of the hearing officer was based, and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the administrator in making that decision.
Sec. 30. This act becomes effective upon passage and approval.
________
Assembly Bill No. 656Committee on Taxation
CHAPTER 74
AN ACT relating to the business tax; authorizing the annual payment of the tax under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 364A.140 is hereby amended to read as follows:
364A.140 1. A tax is hereby imposed upon the privilege of conducting business in this state. [The] Except as otherwise provided in this section, the tax for each calendar quarter is due on the last day of the quarter and must be paid on or before the last day of the month immediately following the quarter on the basis of the total number of equivalent full-time employees employed by the business in the quarter.
2. If the tax required to be paid by a business for a calendar quarter pursuant to subsection 1 is less than $25, the business may submit a written request to the department to pay the tax annually for each calendar quarter of a fiscal year ending June 30. Upon approval of the request, the tax becomes due on the last day of the fiscal year and must be paid on or before the last day of July immediately following the fiscal year. If a business ceases operation before the end of the fiscal year, the tax becomes due on the date on which the business ceases its operation and must be paid on or before the last day of the month immediately following the calendar quarter in which the business ceases its operation. A business may continue to pay the tax annually until the department withdraws its approval for the annual payment. The department may withdraw its approval at any time if it determines that the tax due for any calendar quarter is at least $25.
3. The total number of equivalent full-time employees employed by [the] a business in [the] a quarter must be calculated pursuant to NRS 364A.150.
[3.] 4. Except as otherwise provided in NRS 364A.152 and 364A.170, the amount of tax due [per quarter] for a business for each calendar quarter is $25 for each equivalent full-time employee employed by the business in the quarter.
κ2001 Statutes of Nevada, Page 534 (CHAPTER 74, AB 656)κ
[4.] 5. Each business shall file a return on a form prescribed by the department with each remittance of the tax. If the payment due is greater than $1,000, the payment must be made by direct deposit at a bank or credit union in which the state has an account, unless the department waives this requirement pursuant to regulations adopted by the commission. The return must include [a] :
(a) If the tax is paid quarterly, a statement of the number of equivalent full-time employees employed by the business in the preceding quarter and any other information the department determines is necessary.
[5.] (b) If the tax is paid annually, a statement of the number of equivalent full-time employees employed by the business for each calendar quarter of the preceding fiscal year and any other information the department determines is necessary.
6. The commission shall adopt regulations concerning the payment of the tax imposed pursuant to this section by direct deposit.
Sec. 2. NRS 364A.340 is hereby amended to read as follows:
364A.340 A person who:
1. Is required to be licensed pursuant to chapter 624 of NRS; and
2. Contracts with a subcontractor who is required to be licensed pursuant to that chapter and to have a business license and pay the tax imposed by this chapter,
shall require proof that the subcontractor has a business license and has paid the tax imposed by this chapter before commencing payments to the subcontractor. For the purposes of this section, a subcontractor proves that he has a business license and has paid the tax imposed by this chapter by presenting a receipt for or other evidence that he made the last [quarterly] payment required pursuant to this chapter.
Sec. 3. This act becomes effective on July 1, 2002.
________
Senate Bill No. 17Senator Wiener
CHAPTER 75
AN ACT relating to transportation; repealing a duplicative provision that prohibits an unlicensed driver from operating a vehicle for transporting children; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.390 is hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 535κ
Senate Bill No. 118Senator Shaffer
CHAPTER 76
AN ACT relating to passenger cars; increasing the fee a short-term lessor of a passenger car may charge for a waiver of damages; authorizing a short-term lessor of a passenger car to charge a short-term lessee an additional fee for certain additional authorized drivers; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.31565 is hereby amended to read as follows:
482.31565 1. A short-term lessor shall not require the purchase of a waiver of damages, optional insurance or any other optional good or service as a condition for the lease of a passenger car.
2. A short-term lessor may sell a waiver of damages but shall not charge more than [$10] $15 per full or partial 24-hour rental period for the waiver.
3. A short-term lessor who disseminates an advertisement in the State of Nevada that contains a rate for the lease of a passenger car shall include in the advertisement a clearly readable statement of the charge for a waiver of damages and a statement that the waiver is optional.
4. A short-term lessor shall not engage in any unfair, deceptive or coercive conduct to induce a short-term lessee to purchase a waiver of damages, optional insurance or any other optional good or service, including, but not limited to, refusing to honor the lessees reservation, limiting the availability of cars, requiring a deposit or debiting or blocking the lessees credit card account for a sum equivalent to a deposit if the lessee declines to purchase a waiver, optional insurance or any other optional good or service.
Sec. 2. NRS 482.3158 is hereby amended to read as follows:
482.3158 1. The short-term lessor of a passenger car may impose an additional charge:
(a) Based on reasonable age criteria established by the lessor.
(b) For any item or a service provided if the short-term lessee could have avoided incurring the charge by choosing not to obtain or utilize the optional item or service.
(c) For insurance and accessories requested by the lessee.
(d) For service incident to the lessees optional return of the car to a location other than the location where the car was leased.
(e) For refueling the car at the conclusion of the lease if the lessee did not return the car with as much fuel as was in the fuel tank at the beginning of the lease.
(f) For any authorized driver in addition to the short-term lessee and one other authorized driver but shall not charge more than $5 per full or partial 24-hour period for such an additional authorized driver.
2. A short-term lessor shall not charge a short-term lessee, as a condition of leasing a passenger car, an additional fee for:
(a) Any surcharges required for fuel.
(b) Transporting the lessee to the location where the car will be delivered to the lessee.
(c) [Any] One other authorized driver.
κ2001 Statutes of Nevada, Page 536 (CHAPTER 76, SB 118)κ
3. If a short-term lessor:
(a) Delivers a passenger car to a short-term lessee at a location other than the location where the lessor normally carries on its business, the lessor shall not charge the lessee any amount for the period before the delivery of the car.
(b) Takes possession of a passenger car from a short-term lessee at a location other than the location where the lessor normally carries on its business, the lessor shall not charge the lessee any amount for the period after the lessee notifies the lessor to take possession of the car.
Sec. 3. This act becomes effective on July 1, 2001.
________
Senate Bill No. 203Committee on Government Affairs
CHAPTER 77
AN ACT relating to taxation; authorizing the boards of county commissioners of at least two counties to levy an ad valorem tax to pay the costs of operating a regional facility; exempting ad valorem taxes levied to pay the operating costs of certain regional facilities from the limitation upon revenue from ad valorem taxes; requiring an administrative entity created to operate a regional facility that receives revenue from ad valorem taxes levied to pay the costs of operating the regional facility to establish a fund for such revenue; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Administrative entity means an entity created pursuant to an interlocal agreement or interlocal contract between two or more counties to operate a regional facility.
Sec. 3. Regional facility means a facility that is used by each county that levies a tax ad valorem for its operation pursuant to section 4 of this act and provides services related to public safety, health or criminal justice. The term includes a regional facility for children as that term is defined in NRS 62.845.
Sec. 4. 1. In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, the boards of county commissioners of at least two counties may levy a tax ad valorem on all taxable property in their respective counties at a rate not to exceed 5 cents per $100 of the assessed valuation of each county to pay the costs of operating a regional facility.
2. Counties that levy a tax ad valorem pursuant to subsection 1 may enter into an interlocal agreement or interlocal contract to create an administrative entity to operate a regional facility.
3. The revenue of a tax collected pursuant to this section must be remitted on the first day of the first month of each calendar quarter to:
(a) If the regional facility is operated by a county, the treasurer of the county; or
(b) If the regional facility is operated by an administrative entity, the administrative entity.
κ2001 Statutes of Nevada, Page 537 (CHAPTER 77, SB 203)κ
4. By the end of each fiscal year, the board of county commissioners of each county that levies a tax pursuant to this section must determine the rate of tax required to produce revenue in an amount which is sufficient to pay the operating costs of the regional facility for the ensuing fiscal year. When calculating a rate pursuant to this section, the board of county commissioners of each county shall consider the amount of money remaining in the fund created pursuant to section 5 of this act, if such a fund is created, unless the amount of money remaining in the fund is 10 percent or less of the revenue deposited for the current fiscal year.
Sec. 5. 1. If two or more counties create an administrative entity pursuant to section 4 of this act, the administrative entity shall establish a separate fund to account for the revenue received from taxes levied pursuant to section 4 of this act.
2. The money in the fund may only be withdrawn by the administrative entity and must be used only to pay the expenses of operating the regional facility that is operated by the administrative entity.
3. All interest and income from money deposited in the fund must be credited to the fund.
4. The annual budget and audit report of an administrative entity that establishes a fund pursuant to this section must:
(a) Identify the fund;
(b) Indicate in detail all revenue received for the year;
(c) Indicate in detail all expenses for the year which were paid with money from the fund; and
(d) Specifically identify any planned accumulation of money in the fund.
5. Money remaining in the fund at the end of a fiscal year must not revert to any other fund.
6. Upon termination of an interlocal agreement or interlocal contract that creates an administrative entity, the money remaining in a fund established pursuant to this section must be transmitted to the treasurer of each county which was a party to the interlocal agreement or interlocal contract and which levied a tax pursuant to section 4 of this act. Each county that is entitled to receive a portion of the money remaining in the fund must receive an amount equal to the same proportion of the total amount of revenue the county contributed to the fund. A county that receives money pursuant to this section shall deposit the money in a fund established pursuant to NRS 354.6113 or 354.6115 for use in the same manner as other money deposited in that fund.
7. Nothing in this section may be construed to require a board of county commissioners that is a party to an interlocal agreement or interlocal contract to levy a tax pursuant to section 4 of this act.
Sec. 6. NRS 354.476 is hereby amended to read as follows:
354.476 As used in NRS 354.470 to 354.626, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 354.478 to 354.580, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 354.59811 is hereby amended to read as follows:
354.59811 1. Except as otherwise provided in NRS 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 354.723, 450.425, 450.760, 540A.265 and 543.600, and section 4 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:
κ2001 Statutes of Nevada, Page 538 (CHAPTER 77, SB 203)κ
a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:
(a) The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.
(b) This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.
2. As used in this section, general long-term debt does not include debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.
Sec. 8. NRS 62.845 is hereby amended to read as follows:
62.845 1. Except as otherwise provided in subsection 5, each county shall pay an assessment for the operation of a regional facility for children that serves the county if the facility:
(a) Is operated by a county whose population is less than 400,000 or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, by counties whose populations are less than 400,000 each;
(b) Is established by two or more counties pursuant to an interlocal agreement or by one county if the facility is operated pursuant to an interlocal agreement to benefit other counties; and
(c) Is not partially supported by the State of Nevada and does not receive money from the State of Nevada other than any fees paid to the facility for a child referred to the facility by the State of Nevada.
2. The administrator of a regional facility for children shall calculate the assessment owed by each county pursuant to subsection 1 on or before March 1 of each year for the ensuing fiscal year. The assessment owed by each county equals:
(a) For the first 2 years of operation of the regional facility for children, the total amount budgeted for the operation of the facility by the governing body of the county or other entity responsible for the operation of the facility, minus any money received from the State of Nevada to pay for fees for a child referred to the facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the facility and multiplied by the number of pupils in the preceding school year in the assessed county.
κ2001 Statutes of Nevada, Page 539 (CHAPTER 77, SB 203)κ
for a child referred to the facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the facility and multiplied by the number of pupils in the preceding school year in the assessed county.
(b) For each year subsequent to the second year of operation of the regional facility for children, unless the counties served by the facility enter into an interlocal agreement to the contrary, the total of:
(1) The total amount budgeted for the operation of the facility by the governing body of the county or other entity responsible for the operation of the facility, minus any money received from the State of Nevada to pay for fees for a child referred to the facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the facility, multiplied by the number of pupils in the preceding school year in the assessed county and multiplied by one-fourth; and
(2) The total amount budgeted for the operation of the facility by the governing body of the county or other entity responsible for the operation of the facility, minus any money received from the State of Nevada to pay for fees for a child referred to the facility by the State of Nevada, divided by the total number of pupils who were served by the facility in the preceding school year from all counties served by the facility, multiplied by the number of pupils who were served by the facility in the preceding school year from the assessed county and multiplied by three-fourths.
3. Each county shall pay the assessment required pursuant to subsection 1 to the treasurer of the county if the facility is operated by a county or to the administrative entity responsible for the operation of the regional facility for children in quarterly installments that are due on the first day of the first month of each calendar quarter. The money must be accounted for separately and may only be withdrawn by the administrator of the regional facility for children.
4. The board of county commissioners of each county may [levy an ad valorem tax of not more than 5 cents on each $100 of assessed valuation upon all taxable property in the county to pay the assessment required pursuant to subsection 1. The county may] pay the assessment from revenue raised by a tax levied pursuant to [this subsection,] section 4 of this act, any other available money , or a combination thereof. [Revenue raised by a county to pay the assessment required pursuant to subsection 1 is not subject to the limitations on revenue imposed pursuant to chapter 354 of NRS and must not be included in the calculation of those limitations.]
5. The provisions of this section do not apply to a county whose population is 400,000 or more.
6. As used in this section, regional facility for children means an institution that provides for the temporary care, custody, control and treatment of a child under the jurisdiction of a juvenile court who is detained because he was found violating a law or ordinance, adjudicated delinquent or determined to be in need of supervision. The term includes, without limitation, the institution in Lyon County known as Western Nevada Regional Youth Facility.
Sec. 9. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 540κ
Assembly Bill No. 1Assemblywoman Parnell
CHAPTER 78
AN ACT relating to schools; requiring that nursing services in all school districts must be provided under the direction and supervision of a chief nurse; prescribing the qualifications of a chief nurse; revision provisions relating to nursing services provided to certain pupils; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.207 is hereby amended to read as follows:
391.207 1. The provision of nursing services in a school district by school nurses and other qualified personnel must be under the direction and supervision of a chief nurse who is a registered nurse as provided in NRS 632.240 and who:
(a) Holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the commission; or
(b) Is employed by a state, county, city or district health department and provides nursing services to the school district in the course of that employment.
2. A school district shall not employ a person to serve as a school nurse unless he holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the commission.
Sec. 2. NRS 391.208 is hereby amended to read as follows:
391.208 A school nurse shall, for each school at which he is [employed:] responsible for providing nursing services:
1. Ensure that each pupil enrolled in the school has been immunized in accordance with, is exempt from or has otherwise complied with, the requirements set forth in NRS 392.435 to 392.446, inclusive.
2. Assess and evaluate the general health and physical development of the pupils enrolled in the school to identify those pupils who have physical or mental conditions that impede their ability to learn.
3. Report the results of an evaluation conducted pursuant to subsection 2 to:
(a) A parent or guardian of the pupil;
(b) Each administrator and teacher directly involved with the education of the pupil; and
(c) Other professional personnel within the school district who need the information to assist the pupil with his health or education.
4. Design and carry out a plan of nursing care for a pupil with special needs which incorporates any plan specified by the pupils physician or provider of health care, as defined in NRS 629.031, and which is approved by the pupils parent or guardian. The nursing services provided pursuant to a plan of nursing care must be performed in compliance with chapter 632 of NRS.
κ2001 Statutes of Nevada, Page 541 (CHAPTER 78, AB 1)κ
5. When appropriate, refer a pupil and his parent or guardian to other sources in the community to obtain services necessary for the health of the pupil.
6. Interpret medical and nursing information that relates to a pupils individual educational plan or individualized accommodation plan and make recommendations to:
(a) Professional personnel directly involved with that pupil; and
(b) The parents or guardian of that pupil.
Sec. 3. NRS 392.420 is hereby amended to read as follows:
392.420 1. In each school at which he is [employed,] responsible for providing nursing services, a school nurse shall plan for and carry out, or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district to determine whether the child has scoliosis, any visual or auditory problem , or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:
(a) For visual and auditory problems, in at least two grades of the elementary schools, one grade of the middle or junior high schools , and one grade of the high schools; and
(b) For scoliosis, in at least one grade of schools below the high schools.
Any person other than a school nurse who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.
2. If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, he must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.
3. A special examination for a possible visual or auditory problem must be provided for any child who:
(a) Is enrolled in a special program;
(b) Is repeating a grade;
(c) Has failed an examination for a visual or auditory problem during the previous school year; or
(d) Shows in any other way that he may have such a problem.
4. The school authorities shall notify the parents or guardian of any child who is found or believed to have a visual or auditory problem, scoliosis [,] or any gross physical defect , and shall recommend that appropriate medical attention be secured to correct it.
5. In any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them. Any nursing services provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.
6. Any child must be exempted from the examination if his parents or guardian filed with the teacher a written statement objecting to the examination.
κ2001 Statutes of Nevada, Page 542 (CHAPTER 78, AB 1)κ
Sec. 4. NRS 632.240 is hereby amended to read as follows:
632.240 [1.] The provision of nursing services in any system for the delivery of health care must be under the direction and supervision of a chief administrative nurse who is a registered nurse.
[2. The provisions of this section do not apply to a county school district whose enrollment is fewer than 35,000 pupils.]
Sec. 5. This act becomes effective on July 1, 2001.
________
Senate Bill No. 15Senator Schneider
CHAPTER 79
AN ACT relating to civil actions; enacting provisions regarding the payment of fees to arbitrators; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 38.255 is hereby amended to read as follows:
38.255 1. The rules adopted by the supreme court pursuant to NRS 38.253 to provide guidelines for the establishment by a district court of a program must include provisions for a:
(a) Mandatory program for the arbitration of civil actions pursuant to NRS 38.250.
(b) Voluntary program for the arbitration of civil actions if the cause of action arises in the State of Nevada and the amount in issue exceeds $40,000.
(c) Voluntary program for the use of binding arbitration in all civil actions.
2. The rules must provide that the district court of any judicial district whose population is 100,000 or more:
(a) Shall establish programs pursuant to paragraphs (a), (b) and (c) of subsection 1.
(b) May set fees and charge parties for arbitration if the amount in issue exceeds $40,000.
The rules may provide for similar programs for the other judicial districts.
3. The rules must exclude the following from any program of mandatory arbitration:
(a) Actions in which the amount in issue, excluding attorneys fees, interest and court costs, is more than $40,000 or less than the maximum jurisdictional amounts specified in NRS 4.370 and 73.010;
(b) Class actions;
(c) Actions in equity;
(d) Actions concerning the title to real estate;
(e) Probate actions;
(f) Appeals from courts of limited jurisdiction;
(g) Actions for declaratory relief;
(h) Actions involving divorce or problems of domestic relations;
(i) Actions brought for relief based on any extraordinary writs;
(j) Actions for the judicial review of an administrative decision; and
κ2001 Statutes of Nevada, Page 543 (CHAPTER 79, SB 15)κ
(k) Actions in which the parties, pursuant to a written agreement executed before the accrual of the cause of action, have submitted the controversy to arbitration or any other alternative method for resolving a dispute.
4. The rules must include:
(a) Provisions for the payment of fees to an arbitrator who is appointed to hear a case pursuant to the rules. The rules must provide that an arbitrator must be compensated at a rate of $100 per hour, to a maximum of one thousand dollars per case, unless otherwise authorized by the arbitration commissioner for good cause shown.
(b) Guidelines for the award of attorneys fees and maximum limitations on the costs to the parties of the arbitration . [;
(b)] (c) Disincentives to appeal . [; and
(c)] (d) Provisions for trial upon the exercise by either party of his right to a trial anew after the arbitration.
5. The supreme court shall, on or before February 1 of each odd-numbered year, submit a report to the director of the legislative counsel bureau for transmittal to the chairmen of the assembly and senate standing committees on the judiciary. The report must include, for the period since the previous such report, if any:
(a) A listing of the number of actions which were submitted to arbitration or other alternative methods of resolving disputes pursuant to NRS 38.250 or 38.258 and their manner of disposition;
(b) A statement of the amount of money collected in each judicial district pursuant to NRS 19.0315 and a summary of the manner in which the fees were expended; and
(c) Any recommendations for legislation or other information regarding the programs on arbitration deemed relevant by the supreme court.
Sec. 2. The amendatory provisions of this act apply to an action that is filed on or after the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 32Senator Care
CHAPTER 80
AN ACT relating to proceedings; allowing a witness to testify at a preliminary examination or before the grand jury through the use of audiovisual technology under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a witness resides more than 500 miles from the place of a preliminary examination or is unable to attend the preliminary examination because of his medical condition, a party may, not later than 14 days before the preliminary examination, file a request that the magistrate allow the witness to testify at the preliminary examination through the use of audiovisual technology.
κ2001 Statutes of Nevada, Page 544 (CHAPTER 80, SB 32)κ
through the use of audiovisual technology. A party who requests that the magistrate allow a witness to testify through the use of audiovisual technology shall provide written notice of the request to the opposing party at or before the time of filing the request.
2. Not later than 7 days after receiving notice of a request that the magistrate allow a witness to testify at the preliminary examination through the use of audiovisual technology, the opposing party may file an objection to the request. If the opposing party fails to file a timely objection to the request, the opposing party shall be deemed to have consented to the granting of the request.
3. Regardless of whether or not the opposing party files an objection to a request that the magistrate allow a witness to testify at the preliminary examination through the use of audiovisual technology, the magistrate may allow the witness to testify at the preliminary examination through the use of audiovisual technology only if the magistrate finds that good cause exists to grant the request based upon the specific facts and circumstances of the case.
4. If the magistrate allows a witness to testify at the preliminary examination through the use of audiovisual technology:
(a) The testimony of the witness must be:
(1) Taken by a certified videographer who is in the physical presence of the witness. The certified videographer shall sign a written declaration, on a form provided by the magistrate, which states that the witness does not have in his possession any notes or other materials to assist in his testimony.
(2) Recorded and preserved through the use of a videotape or other means of audiovisual recording technology.
(3) Transcribed by a certified court reporter.
(b) Before giving his testimony, the witness must be sworn and must sign a written declaration, on a form provided by the magistrate, which acknowledges that the witness understands that he is subject to the jurisdiction of the courts of this state and may be subject to criminal prosecution for the commission of any crime in connection with his testimony, including, without limitation, perjury, and that he consents to such jurisdiction.
(c) During the preliminary examination, the witness must not be asked to identify the defendant, but the witness may be asked to testify regarding the facts and circumstances surrounding any previous identification of the defendant.
(d) The original recorded testimony of the witness must be filed with the district court, and copies of the recorded testimony of the witness must be provided to each party.
(e) The testimony of the witness may not be used by any party upon the trial of the cause or in any proceeding therein in lieu of the direct testimony of the witness, but the court may allow the testimony of the witness to be used for any other lawful purpose.
5. Audiovisual technology used pursuant to this section must ensure that the witness may be:
(a) Clearly heard and seen; and
(b) Examined and cross-examined.
6. As used in this section, audiovisual technology includes, without limitation, closed-circuit video and videoconferencing.
κ2001 Statutes of Nevada, Page 545 (CHAPTER 80, SB 32)κ
Sec. 2. Chapter 172 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a witness resides more than 500 miles from the place of a grand jury proceeding or is unable to attend the grand jury proceeding because of his medical condition, upon the request of the district attorney, the district judge supervising the proceedings of the grand jury may allow a witness to testify before the grand jury through the use of audiovisual technology.
2. The district judge supervising the proceedings of the grand jury may allow a witness to testify before the grand jury through the use of audiovisual technology only if the district judge finds that good cause exists to grant the request based upon the specific facts and circumstances of the grand jury proceeding.
3. If the district judge supervising the proceedings of the grand jury allows a witness to testify at the grand jury proceeding through the use of audiovisual technology:
(a) The testimony of the witness must be:
(1) Taken by a certified videographer who is in the physical presence of the witness. The certified videographer shall sign a written declaration, on a form provided by the district judge, which states that the witness does not have in his possession any notes or other materials to assist in his testimony.
(2) Recorded and preserved through the use of a videotape or other means of audiovisual recording technology.
(3) Transcribed by a certified court reporter appointed pursuant to NRS 172.215 in accordance with the provisions of NRS 172.225.
(b) Before giving his testimony, the witness must be sworn and must sign a written declaration, on a form provided by the district judge, which acknowledges that the witness understands that he is subject to the jurisdiction of the courts of this state and may be subject to criminal prosecution for the commission of any crime in connection with his testimony, including, without limitation, perjury, and that he consents to such jurisdiction.
(c) The original recorded testimony of the witness must be delivered to the certified court reporter.
(d) The testimony of the witness may not be used by any party upon the trial of the cause or in any proceeding therein in lieu of the direct testimony of the witness, but the court may allow the testimony of the witness to be used for any other lawful purpose.
4. Audiovisual technology used pursuant to this section must ensure that the witness may be:
(a) Clearly heard and seen; and
(b) Examined.
5. As used in this section, audiovisual technology includes, without limitation, closed-circuit video and videoconferencing.
Sec. 3. The amendatory provisions of this act apply to any criminal offense that is the subject of a preliminary examination or grand jury proceeding commenced on or after the effective date of this act, regardless of when the offense was committed.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 546κ
Senate Bill No. 74Committee on Human Resources and Facilities
CHAPTER 81
AN ACT relating to residential facilities for groups; clarifying the provisions regarding regulation of such facilities; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.017 is hereby amended to read as follows:
449.017 1. Except as otherwise provided in subsection 2, residential facility for groups means an establishment that furnishes food, shelter, assistance and limited supervision to an aged, infirm, mentally retarded or handicapped person. The term includes, without limitation, an assisted living facility.
2. The term does not include:
(a) An establishment which provides care only during the day;
(b) A natural person who provides care for no more than two persons in his own home;
(c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or
(d) A facility funded by a division or program of the department of human resources.
Sec. 2. This act becomes effective on July 1, 2003.
________
Senate Bill No. 114Committee on Human Resources and Facilities
CHAPTER 82
AN ACT relating to postsecondary education; authorizing the commission on postsecondary education to establish the amount of the bond required for certain postsecondary educational institutions; expanding the conditions under which a bond is required; revising other provisions governing the bonding requirements of postsecondary educational institutions; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 394.480 is hereby amended to read as follows:
394.480 1. [Each postsecondary] Notwithstanding the provisions of NRS 100.065 to the contrary, each:
(a) Postsecondary educational institution initially licensed on or after July 1, 1995, [each postsecondary] shall file with the administrator a surety bond in the amount of $10,000 or in a greater amount determined by the commission for the period of the initial license to operate, including any provisional period, or for a period that the commission determines is appropriate.
κ2001 Statutes of Nevada, Page 547 (CHAPTER 82, SB 114)κ
provisional period, or for a period that the commission determines is appropriate.
(b) Postsecondary educational institution or other entity not licensed in this state which is authorized to employ one or more agents in this state, [and each licensed] shall file with the administrator a surety bond in the amount of $10,000 or in a greater amount determined by the commission for the period of the agents permit or for a period that the commission determines is appropriate.
(c) Licensed postsecondary educational institution [which is adding a facility at a new location] that poses a financial risk to the students who are enrolled in the institution, as determined by the commission upon application for renewal of a license, shall file with the administrator a surety bond in the amount of $10,000 [. Except when a surety is released, the surety bond must cover:
(a) The period of the initial license to operate, including any provisional period;
(b) The period of the agents permit; or
(c) A] or in a greater amount determined by the commission for the period of the renewal or for a period that the commission determines is appropriate.
(d) Licensed postsecondary educational institution that files for a change of ownership, shall file with the administrator a surety bond in the amount of $10,000 or in a greater amount determined by the commission for the period ending 2 years after the [completion of the facility at the new location,
as appropriate.
2. A] approval of the change of ownership or for a period that the commission determines is appropriate.
The commission may at any time require a postsecondary educational institution to file a new or supplementary bond in an amount and for a period determined appropriate by the commission if the commission determines that the institution poses a financial risk to the students who are enrolled in the institution or that the current bond filed by the institution is insufficient to cover all claims, accrued or contingent, against the institution.
2. Notwithstanding the provisions of NRS 100.065 to the contrary, a licensed postsecondary educational institution shall file with the administrator a surety bond in the amount of $100,000 or 25 percent of the annual income of the institution received from tuition as reported in its annual report to the commission, whichever is greater, if:
(a) The institution participates in a program of student assistance pursuant to the provisions of [Subchapter IV of Chapter 28 of Title 20 of the United States Code (] 20 U.S.C. §§ 1070 et seq. ; [);] and
(b) In any year, the default rate of the institution published by the Secretary of Education pursuant to those provisions exceeds the maximum allowable default rate prescribed by federal law or by the Secretary of Education pursuant to federal law.
Except when a surety is released, the bond must cover a period ending 2 years after the date on which the default rate of the institution is published as exceeding the maximum allowable rate.
κ2001 Statutes of Nevada, Page 548 (CHAPTER 82, SB 114)κ
3. The bond required of a postsecondary educational institution pursuant to subsections 1 and 2 must be executed by the entity that owns the institution [or other entity] as principal , [and] by a surety company as surety [.] and by a licensed insurance agent residing in this state. The bond must be payable to the State of Nevada and must be conditioned to provide indemnification to any student, enrollee or his parent or guardian, determined by the commission to have suffered damage as a result of any act by the postsecondary educational institution that is a violation of NRS 394.383 to 394.560, inclusive. The bonding company shall provide indemnification upon receipt of written notice of the determination by the commission. The bond may be continuous, but regardless of the duration of the bond the aggregate liability of the surety does not exceed the penal sum of the bond.
4. A surety on any bond filed pursuant to this section may be released after the surety gives 30 days written notice to the administrator, but the release does not discharge or otherwise affect any claim filed by a student, enrollee or his parent or guardian for damage resulting from any act of the postsecondary educational institution or agent alleged to have occurred while the bond was in effect, or for an institutions ceasing operations during the term for which tuition had been paid while the bond was in force.
5. A license or an agents permit is suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section. The administrator shall give the institution or agent, or both, at least 20 days written notice before the release of the surety, to the effect that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
6. If any student is entitled to a refund from an institution pursuant to any provision of NRS 394.383 to 394.560, inclusive, the surety shall provide indemnification.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 155Senator Washington
CHAPTER 83
AN ACT relating to cities; authorizing a change in the boundaries of certain cities to become effective in certain circumstances within a specified period before certain elections; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.666 is hereby amended to read as follows:
268.666 [No]
1. Except as otherwise provided in this subsection, a change in the boundaries of [any city shall] a city, including, without limitation, a change in the boundaries of a city resulting from an annexation, must not become effective within the 90 days [next immediately preceding any general] immediately preceding an election at which officers are chosen for the city or issues are determined for [such city. Any annexation which would otherwise be effective within such period shall be effective on the day following such election.] the city.
κ2001 Statutes of Nevada, Page 549 (CHAPTER 83, SB 155)κ
otherwise be effective within such period shall be effective on the day following such election.] the city. If the area that is being added to or removed from the boundaries of a city consists entirely of vacant land, the change in the boundaries of the city may become effective within the 90 days immediately preceding such an election.
2. As used in this section, vacant land means land that:
(a) Has not been developed for any purpose; and
(b) Is not used as a residence by any person.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 161Committee on Natural Resources
CHAPTER 84
AN ACT relating to water controls; requiring an applicant for a permit to operate certain privately owned public water systems to provide documentation that the applicant possesses water rights that are sufficient to operate the system; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445A.895 is hereby amended to read as follows:
445A.895 A permit to operate a water system may not be issued pursuant to NRS 445A.885 unless all [of] the following conditions are met:
1. Neither water provided by a public utility nor water provided by a municipality or other public entity is available to the persons to be served by the water system.
2. The applicant fully complies with all [of] the conditions of NRS 445A.885 to 445A.915, inclusive.
3. The applicant submits to the state board of health or the health authority designated by the state board of health documentation issued by the state engineer which sets forth that the applicant holds water rights that are sufficient to operate the water system.
4. The local governing body assumes:
(a) Responsibility in case of default by the builder or developer of the water system for its continued operation and maintenance in accordance with all [of] the terms and conditions of the permit.
(b) The duty of assessing the lands served as provided in subsection [5.] 6.
[4.] 5. The applicant furnishes the local governing body sufficient surety in the form of a bond, certificate of deposit, investment certificate or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system:
(a) For 5 years following the date the system is placed in operation; or
(b) Until 75 percent of the lots or parcels served by the system are sold,
whichever is later.
[5.] 6. The owners of the lands to be served by the water system record a declaration of covenants, conditions and restrictions, which is an equitable servitude running with the land and which must provide that each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of continued operation and maintenance of the water system if there is a default by the applicant or operator of the water system and a sufficient surety, as provided in subsection [4,] 5, is not available.
κ2001 Statutes of Nevada, Page 550 (CHAPTER 84, SB 161)κ
servitude running with the land and which must provide that each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of continued operation and maintenance of the water system if there is a default by the applicant or operator of the water system and a sufficient surety, as provided in subsection [4,] 5, is not available.
[6.] 7. If the water system uses or stores ozone, the portion of the system where ozone is used or stored must be constructed not less than 100 feet from any existing residence, unless the owner and occupant of each residence located closer than 100 feet consent to the construction of the system at a closer distance.
[7.] 8. The declaration of covenants, conditions and restrictions recorded by the owners of the lands further provides that if the state board of health determines that:
(a) The water system is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity is reasonably available,
the local governing body may, pursuant to NRS 244.3655 or 268.4102, require all users of the water system to connect into the available water system provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the public utilities commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A.900.
[8.] 9. Provision has been made for disposition of the water system and the land on which it is situated after the local governing body requires all users to connect into an available water system provided by a public utility or a municipality or other public entity.
Sec. 2. NRS 445A.910 is hereby amended to read as follows:
445A.910 1. If the state board of health has found that any of the conditions of a permit to operate [such] a water system issued pursuant to NRS 445A.885 are being violated and has notified the holder of the permit that he must bring the water system into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the local governing body, if requested to do so in writing by the state board of health, may take the following actions independently of any further action by the state board of health:
(a) Give written notice, by certified mail, to the owner of the water system and the owners of the property served by the system that if the violation is not corrected within 30 days after the date of the notice, the local governing body will seek a court order authorizing it to assume control; and
(b) After the 30-day period has expired, if the water system has not been brought into compliance, apply to the district court for an order authorizing the local governing body to assume control of the system and assess the property for the continued operation and maintenance of the system as provided in subsection [5] 6 of NRS 445A.895.
κ2001 Statutes of Nevada, Page 551 (CHAPTER 84, SB 161)κ
2. If the local governing body determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a water system without complying with any of the requirements set forth in subsection 1. The local governing body may not maintain control of a water system pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.
Sec. 3. This act becomes effective on July 1, 2001.
________
Senate Bill No. 159Committee on Natural Resources
CHAPTER 85
AN ACT relating to water; extending to all counties the recognition of the importance of domestic wells as appurtenances to private homes and the creation of a protectible interest in such wells; extending to all counties the requirement for a copy of the notice of application for certain proposed wells to be mailed to certain owners of real property containing domestic wells; requiring the state engineer to reject certain applications to apply water to a beneficial use if the proposed use or change conflicts with protectible interests in existing domestic wells; revising certain provisions governing permits for wells and temporary permits to appropriate ground water; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.024 is hereby amended to read as follows:
533.024 The legislature declares that it is the policy of this state:
1. To encourage and promote the use of effluent, where that use is not contrary to the public health, safety or welfare, and where that use does not interfere with federal obligations to deliver water of the Colorado River.
2. [In a county whose population is less than 400,000, to] To recognize the importance of domestic wells as appurtenances to private homes, to create a protectible interest in such wells and to protect their supply of water from unreasonable adverse effects which are caused by municipal, quasi-municipal or industrial uses [.] and which cannot reasonably be mitigated.
Sec. 2. NRS 533.360 is hereby amended to read as follows:
533.360 1. Except as otherwise provided in subsection 4, NRS 533.345 and subsection 3 of NRS 533.370, when an application is filed in compliance with this chapter , the state engineer shall, within 30 days, publish or cause to be published once a week for 4 consecutive weeks in a newspaper of general circulation and printed and published in the county where the water is sought to be appropriated, a notice of the application, which sets forth:
(a) That the application has been filed.
(b) The date of the filing.
(c) The name and address of the applicant.
(d) The name of the source from which the appropriation is to be made.
(e) The location of the place of diversion, described by legal subdivision or metes and bounds and by a physical description of that place of diversion.
(f) The purpose for which the water is to be appropriated.
κ2001 Statutes of Nevada, Page 552 (CHAPTER 85, SB 159)κ
The publisher shall add thereto the date of the first publication and the date of the last publication.
2. Except as otherwise provided in subsection 4, proof of publication must be filed within 30 days after the final day of publication. The state engineer shall pay for the publication from the application fee. If the application is canceled for any reason before publication, the state engineer shall return to the applicant that portion of the application fee collected for publication.
3. If the application is for a proposed well:
(a) [In a county whose population is less than 400,000;
(b)] For municipal, quasi-municipal or industrial use; and
[(c)] (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,
the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to his address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the state engineer before he may consider the application.
4. The provisions of this section do not apply to an environmental permit.
Sec. 3. NRS 533.370 is hereby amended to read as follows:
533.370 1. Except as otherwise provided in this section and NRS 533.345, 533.371, 533.372 and 533.503, the state engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:
(a) The application is accompanied by the prescribed fees;
(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and
(c) The applicant provides proof satisfactory to the state engineer of:
(1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and
(2) His financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.
2. Except as otherwise provided in subsection 6, the state engineer shall approve or reject each application within 1 year after the final date for filing a protest. However:
(a) Action may be postponed by the state engineer upon written authorization to do so by the applicant or, if an application is protested, by the protestant and the applicant; and
(b) In areas where studies of water supplies have been determined to be necessary by the state engineer pursuant to NRS 533.368 or where court actions are pending, the state engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.
3. Except as otherwise provided in subsection 6, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights [,] or with protectible interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the requested permit.
κ2001 Statutes of Nevada, Page 553 (CHAPTER 85, SB 159)κ
detrimental to the public interest, the state engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.
4. In determining whether an application for an interbasin transfer of ground water must be rejected pursuant to this section, the state engineer shall consider:
(a) Whether the applicant has justified the need to import the water from another basin;
(b) If the state engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;
(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;
(d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and
(e) Any other factor the state engineer determines to be relevant.
5. If a hearing is held regarding an application, the decision of the state engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record made of the endorsement in the records of the state engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 7, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.
6. The provisions of subsections 1 to 4, inclusive, do not apply to an application for an environmental permit.
7. The provisions of subsection 5 do not authorize the recipient of an approved application to use any state land administered by the division of state lands of the state department of conservation and natural resources without the appropriate authorization for that use from the state land registrar.
8. As used in this section, interbasin transfer of ground water means a transfer of ground water for which the proposed point of diversion is in a different basin than the proposed place of beneficial use.
Sec. 4. NRS 534.110 is hereby amended to read as follows:
534.110 1. The state engineer shall administer this chapter and shall prescribe all necessary regulations within the terms of this chapter for its administration.
2. The state engineer may:
(a) Require periodical statements of water elevations, water used, and acreage on which water was used from all holders of permits and claimants of vested rights.
κ2001 Statutes of Nevada, Page 554 (CHAPTER 85, SB 159)κ
(b) Upon his own initiation, conduct pumping tests to determine if overpumping is indicated, to determine the specific yield of the aquifers and to determine permeability characteristics.
3. The state engineer shall determine whether there is unappropriated water in the area affected and may issue permits only if the determination is affirmative. The state engineer [shall] may require each applicant to whom a permit is issued for a well:
(a) [In a county whose population is less than 400,000;
(b)] For municipal, quasi-municipal or industrial use; and
[(c)] (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,
to report periodically to the state engineer concerning the effect of that well on other previously existing wells that are located within 2,500 feet of the well.
4. It is a condition of each appropriation of ground water acquired under this chapter that the right of the appropriator relates to a specific quantity of water and that the right must allow for a reasonable lowering of the static water level at the appropriators point of diversion. In determining a reasonable lowering of the static water level in a particular area, the state engineer shall consider the economics of pumping water for the general type of crops growing and may also consider the effect of using water on the economy of the area in general.
5. This section does not prevent the granting of permits to applicants later in time on the ground that the diversions under the proposed later appropriations may cause the water level to be lowered at the point of diversion of a prior appropriator, so long as any protectible interests in existing domestic wells as set forth in NRS 533.024 and the rights of holders of existing appropriations can be satisfied under such express conditions. At the time a permit is granted for a well:
(a) [In a county whose population is less than 400,000;
(b)] For municipal, quasi-municipal or industrial use; and
[(c)] (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,
the state engineer shall include as a condition of the permit that pumping water pursuant to the permit may be limited or prohibited to prevent any unreasonable adverse effects on an existing domestic well located within 2,500 feet of the well, unless the holder of the permit and the owner of the domestic well have agreed to alternative measures that mitigate those adverse affects.
6. The state engineer shall conduct investigations in any basin or portion thereof where it appears that the average annual replenishment to the ground water supply may not be adequate for the needs of all permittees and all vested-right claimants, and if his findings so indicate the state engineer may order that withdrawals be restricted to conform to priority rights.
7. In any basin or portion thereof in the state designated by the state engineer, the state engineer may restrict drilling of wells in any portion thereof if he determines that additional wells would cause an undue interference with existing wells. Any order or decision of the state engineer so restricting drilling of such wells may be reviewed by the district court of the county pursuant to NRS 533.450.
κ2001 Statutes of Nevada, Page 555 (CHAPTER 85, SB 159)κ
Sec. 5. NRS 534.120 is hereby amended to read as follows:
534.120 1. Within an area that has been designated by the state engineer, as provided for in this chapter , where, in his judgment, the ground water basin is being depleted, the state engineer in his administrative capacity is herewith empowered to make such rules, regulations and orders as are deemed essential for the welfare of the area involved.
2. In the interest of public welfare, the state engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by him and from which the ground water is being depleted, and in acting on applications to appropriate ground water he may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:
(a) Domestic, municipal, quasi-municipal, industrial, irrigation, mining and stock-watering uses ; and [any]
(b) Any uses for which a county, city, town, public water district or public water company furnishes the water.
3. Except as otherwise provided in subsection 5, the state engineer may:
(a) Issue temporary permits to appropriate ground water which can be limited as to time and which may, except as limited by subsection 4, be revoked if and when water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.
(b) Deny applications to appropriate ground water for any use in areas served by such an entity.
(c) Limit the depth of domestic wells.
(d) Prohibit the drilling of wells for domestic use, as defined in NRS 534.013 and 534.0175, in areas where water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.
4. The state engineer may revoke a temporary permit issued pursuant to subsection 3 for residential use, and require a person to whom ground water was appropriated pursuant to the permit to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:
(a) The distance from the property line of any parcel served by a well pursuant to a temporary permit to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;
(b) The well providing water pursuant to the temporary permit needs to be redrilled or have repairs made which require the use of a well-drilling rig; and
(c) The holder of the permit will be offered financial assistance to pay at least 50 percent but not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.
In a basin that has a water authority that has a ground water management program, the state engineer shall not revoke the temporary permit unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.
κ2001 Statutes of Nevada, Page 556 (CHAPTER 85, SB 159)κ
5. The state engineer may, in an area in which he has issued temporary permits pursuant to subsection 3, limit the depth of a domestic well pursuant to paragraph (c) of subsection 3 or prohibit repairs from being made to a well, and may require the person proposing to deepen or repair the well to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:
(a) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;
(b) The deepening or repair of the well would require the use of a well-drilling rig; and
(c) The person proposing to deepen or repair the well will be offered financial assistance to pay at least 50 percent but not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.
In a basin that has a water authority that has a ground water management program, the state engineer shall not prohibit the deepening or repair of a well unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.
6. For good and sufficient reasons , the state engineer may exempt the provisions of this section with respect to public housing authorities.
Sec. 6. 1. This act becomes effective on July 1, 2001.
2. Section 5 of this act expires by limitation on July 1, 2005.
________
Senate Bill No. 248Committee on Finance
CHAPTER 86
AN ACT making a supplemental appropriation to the Department of Museums, Library and Arts for unanticipated additional utility costs, personnel costs and purchasing assessments; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $35,791 for unanticipated additional utility costs, personnel costs and purchasing assessments charged by the Purchasing Division of the Department of Administration, to be disbursed as follows:
Lost City Museum............................................................................................... $424
Nevada Historical Society, Reno................................................................... $6,913
Nevada Museum and Historical Society, Las Vegas................................. $7,021
Administrative office..................................................................................... $19,226
Division of Museums and History................................................................. $1,719
Nevada State Railroad Museum....................................................................... $488
κ2001 Statutes of Nevada, Page 557 (CHAPTER 86, SB 248)κ
This appropriation is supplemental to that made by section 18 of chapter 571, Statutes of Nevada 1999, at page 2980.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 304Committee on Commerce and Labor
CHAPTER 87
AN ACT relating to the City of Reno; amending the city charter by increasing the term of office of municipal judges; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 5.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 9, Statutes of Nevada 1993, at page 21, is hereby amended to read as follows:
Sec. 5.010 General elections.
1. [On the Tuesday after the first Monday in June 1995, there must be elected by the qualified voters of the city, at a general municipal election to be held for that purpose, a mayor, councilmen from the second and fourth wards, a municipal judge and a city attorney, all of whom hold office until their successors have been elected and qualified pursuant to subsection 4.
2. On the Tuesday after the first Monday in June 1993, there must be elected by the qualified voters of the city, at a general municipal election to be held for that purpose, councilmen from the first, third and fifth wards, one councilman at large and two municipal judges, all of whom hold office until their successors have been elected and qualified pursuant to subsection 3.
3. On the Tuesday after the first Monday in November 1996, and at each successive interval of 4 years, there must be elected by the qualified voters of the city, at the general election, councilmen from the first, third and fifth wards, one councilman at large and two municipal judges, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.
4.] On the Tuesday after the first Monday in November 1998, and at each successive interval of 4 years, there must be elected by the qualified voters of the city, at the general election, a mayor, councilmen from the second and fourth wards, a municipal judge and a city attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified [.] pursuant to subsection 3 or 4.
2. On the Tuesday after the first Monday in November 2000, and at each successive interval of 4 years, there must be elected by the qualified voters of the city, at the general election, councilmen from the first, third and fifth wards, one councilman at large and two municipal judges, all of whom hold office for a term of 4 years and until their successors have been elected and qualified pursuant to subsection 5 or 6.
κ2001 Statutes of Nevada, Page 558 (CHAPTER 87, SB 304)κ
until their successors have been elected and qualified pursuant to subsection 5 or 6.
3. On the Tuesday after the first Monday in November 2002, and at each successive interval of 6 years, there must be elected by the qualified voters of the city, at the general election, a municipal judge, who holds office for a term of 6 years and until his successor has been elected and qualified.
4. On the Tuesday after the first Monday in November 2002, and at each successive interval of 4 years, there must be elected by the qualified voters of the city, at the general election, a mayor, councilmen from the second and fourth wards, and a city attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.
5. On the Tuesday after the first Monday in November 2004, and at each successive interval of 6 years, there must be elected by the qualified voters of the city, at the general election, three municipal judges, all of whom hold office for a term of 6 years and until their successors have been elected and qualified.
6. On the Tuesday after the first Monday in November 2004, and at each successive interval of 4 years, there must be elected by the qualified voters of the city, at the general election, councilmen from the first, third and fifth wards and one councilman at large, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 323Senator Titus
CHAPTER 88
AN ACT relating to railroads; authorizing the California-Nevada Super Speed Ground Transportation Commission to issue bonds, notes, obligations or evidences of borrowing to finance the construction of a super speed ground transportation system; making various changes to the definition of a super speed ground transportation system; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 705 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commission, or a corporation formed by the commission pursuant to the laws of this state or the State of California, as the commission deems appropriate, may issue bonds, notes, obligations or other evidences of borrowing to finance all or a part of the construction of all or a part of the super speed ground transportation system. For purposes of issuing bonds, notes, obligations or other evidences of borrowing pursuant to this section, the commission and any corporation formed by the commission are constituted authorities for the purposes of regulations enacted by the Internal Revenue Service pursuant to 26 U.S.C. §§ 103 and 141 to 150, inclusive.
κ2001 Statutes of Nevada, Page 559 (CHAPTER 88, SB 323)κ
enacted by the Internal Revenue Service pursuant to 26 U.S.C. §§ 103 and 141 to 150, inclusive.
2. Bonds, notes, obligations or other evidences of borrowing issued by the commission or any corporation formed by the commission which are issued to finance all or any part of the construction of all or a part of the super speed ground transportation system may be payable from and secured by:
(a) A pledge of property of the commission or a corporation formed by the commission pursuant to this section;
(b) A pledge of any revenue of the super speed ground transportation system, including revenue from fares, revenue from advertising and all other revenue of the system; and
(c) A pledge of any other money made available to the commission or a corporation formed by the commission pursuant to this section by:
(1) Grants from the federal government or any other federal funds as may be available to pay costs of the super speed ground transportation system or debt service on any borrowing;
(2) Any company, public or private; or
(3) Any local government or governmental entity in this state or in the State of California pursuant to an intergovernmental agreement or otherwise.
3. The commission may enter into agreements with any person, local government or governmental entity for the provision of resources or assistance to the commission or a corporation formed by the commission concerning the financing of the super speed ground transportation system.
4. The commission or any corporation formed by the commission pursuant to this section may issue obligations to refund any obligations issued pursuant to the provisions of this section and NRS 705.4291 to 705.4296, inclusive, for any purpose the commission determines to be sufficient.
5. Nothing in this section authorizes the commission or any corporation formed by the commission to obligate this state or the State of California or any political subdivision thereof unless such state or political subdivision has obligated itself to the commission or a corporation created by the commission through an intergovernmental agreement.
6. Unless a specific statute of this state or the State of California requires otherwise, upon dissolution of the commission, all property of the commission must be distributed between this state and the State of California in an equitable manner as agreed upon by the states.
7. The creation, perfection, priority and enforcement of any lien on pledged revenue or other money established to secure any bond, note, obligation or other evidence of borrowing issued pursuant to this section, must be as specified in this section and in the instruments approved by the commission pertaining to that bond, note, obligation or other evidence of borrowing. It is the purpose of this section to provide expressly for the creation, perfection, priority and enforcement of a security interest created by the commission in pledged revenues or other money in connection with bonds, notes, obligations or other evidences of borrowing issued pursuant to this section as described in paragraph (b) of subsection 3 of NRS 104.9109. Any lien on pledged revenue or other money created to secure any bond, note, obligation or other evidence of borrowing issued pursuant to this section has priority over any lien thereon created pursuant to the provisions of chapter 104 of NRS unless otherwise provided in the instrument creating the lien to secure such bond, note, obligation or other evidence of borrowing issued pursuant to the provisions of this section.
κ2001 Statutes of Nevada, Page 560 (CHAPTER 88, SB 323)κ
provisions of chapter 104 of NRS unless otherwise provided in the instrument creating the lien to secure such bond, note, obligation or other evidence of borrowing issued pursuant to the provisions of this section.
Sec. 2. NRS 705.4292 is hereby amended to read as follows:
705.4292 As used in NRS 705.4291 to 705.4296, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Commission means the California-Nevada Super Speed Ground Transportation Commission.
2. Southern California means the counties of Los Angeles, Orange, Riverside and San Bernardino.
3. Super speed ground transportation system means a system that:
(a) Is capable of sustained speeds of at least [180] 240 miles per hour;
(b) Uses magnetic levitation technology;
(c) Carries primarily passengers; and
[(c)] (d) Operates on a grade-separated, dedicated guideway.
Sec. 3. Section 7 of chapter 568, Statutes of Nevada 1987, at page 1359, as amended by section 4 of chapter 106, Statutes of Nevada 1991, at page 177, is hereby amended to read as follows:
Sec. 7. 1. This act becomes effective on January 1, 1988.
2. This act expires by limitation [1] :
(a) One year after the date on which the governor declares by public proclamation that the super speed ground transportation system connecting southern California with southern Nevada has been completed [.] ; or
(b) On the date all borrowing made pursuant to section 1 of this act is retired,
whichever is later.
Sec. 4. 1. This act becomes effective on July 1, 2001.
2. Sections 1 and 2 of this act expire by limitation:
(a) One year after the date on which the governor declares by public proclamation that the super speed ground transportation system connecting southern California with southern Nevada has been completed; or
(b) On the date all borrowing made pursuant to section 1 of this act is retired,
whichever is later.
________
κ2001 Statutes of Nevada, Page 561κ
Senate Bill No. 350Senator Jacobsen
CHAPTER 89
AN ACT relating to counties; increasing the membership of the county fair and recreation board in certain counties; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.601 is hereby amended to read as follows:
244A.601 1. In any county whose population is 100,000 or more, and less than 400,000, the county fair and recreation board consists of [12] 13 members who are appointed as follows:
(a) Two members by the board of county commissioners.
(b) Two members by the governing body of the largest incorporated city in the county.
(c) One member by the governing body of the next largest incorporated city in the county.
(d) Except as otherwise provided in subsection 2, [seven] eight members by the members appointed pursuant to paragraphs (a), (b) and (c). The members entitled to vote shall select:
(1) One member who is a representative of air service interests from a list of nominees submitted by the [Airport Authority of Washoe County.] airport authority of the county. The nominees must not be elected officers.
(2) One member who is a representative of motel operators from a list of nominees submitted by one or more associations that represent the motel industry.
(3) One member who is a representative of banking or other financial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.
(4) One member who is a representative of other business or commercial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.
(5) One member who is a representative of other business or commercial interests, including gaming establishments, from a list of nominees submitted by a visitors bureau, other than a county fair and recreation board or a bureau created by such a board, that is authorized by law to receive a portion of the tax on transient lodging, if any. If no such bureau exists in the county, the nominations must be made by the chamber of commerce of the third largest township in the county.
(6) Three members who are representatives of the association of gaming establishments whose membership collectively paid the most gross revenue fees to the state pursuant to NRS 463.370 in the county in the preceding year, from a list of nominees submitted by the association. If there is no such association, the three appointed members must be representative of gaming.
If the members entitled to vote find the nominees on a list of nominees submitted pursuant to this paragraph unacceptable, they shall request a new list of nominees.
κ2001 Statutes of Nevada, Page 562 (CHAPTER 89, SB 350)κ
2. The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with their terms of office. The members appointed pursuant to paragraph (d) of subsection 1 must be appointed for 2-year terms. Any vacancy occurring on the board must be filled by the authority entitled to appoint the member whose position is vacant. Each member appointed pursuant to paragraph (d) of subsection 1 may succeed himself only once.
3. If a member ceases to be engaged in the business or occupation which he was appointed to represent, he ceases to be a member, and another person engaged in that business or occupation must be appointed for the unexpired term.
4. Any member appointed by the board of county commissioners or a governing body of a city must be a member of the appointing board or body.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 373Committee on Commerce and Labor
CHAPTER 90
AN ACT relating to labor; expanding the authority of the labor commissioner to adopt regulations; reducing the period within which certain unclaimed money collected by the labor commissioner is presumed abandoned; authorizing a person designated by the labor commissioner to conduct certain hearings and issue certain decisions concerning the labor laws of this state; requiring the attorney general to prosecute certain criminal violations that are reported to him by the labor commissioner; authorizing the labor commissioner to prescribe by regulation the minimum wage paid to employees in private employment in this state; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 607.150 is hereby amended to read as follows:
607.150 1. [The] To carry out the provisions of subsection 1 of NRS 607.160, the labor commissioner may enter any store, foundry, mill, office, workshop, mine or public or private works at any reasonable time [for the purpose of gathering] to gather facts and statistics [contemplated by this chapter] and make a record thereof.
2. Any owner, corporation, occupant or officer who refuses such entry to the labor commissioner, his officers or agents is guilty of a misdemeanor.
Sec. 2. NRS 607.160 is hereby amended to read as follows:
607.160 1. The labor commissioner [shall] :
(a) Shall enforce all labor laws of the State of Nevada the enforcement of which is not specifically and exclusively vested in any other officer, board or commission [.] ; and
(b) May adopt regulations to carry out the provisions of paragraph (a).
2. Whenever after due inquiry the labor commissioner believes that a person financially unable to employ counsel has a valid and enforceable claim for wages, commissions or other demands, he may present the facts to the attorney general showing:
(a) The names of the claimant and his alleged debtor.
κ2001 Statutes of Nevada, Page 563 (CHAPTER 90, SB 373)κ
(b) A description and the location of the property on which the labor was performed, if the claim is for wages, or which is the office or place of business of the debtor if the claim is for a commission, and the right, title and interest of the debtor therein.
(c) Other property, if any, owned by the debtor and the probable value thereof.
(d) The time the claimant began and the time he ceased the labor.
(e) The number of days labor performed by him during the employment and the rate of wages or commission arrangement and terms of the employment.
(f) The date or dates and the amount, if any, paid on the claim.
(g) The balance due, owing and unpaid on the claim.
(h) The date on which a demand for payment was made upon the debtor or his agent or representative, and the response, if any, to that demand.
(i) The names of the witnesses upon whom the claimant expects to rely to provide facts and to what facts each of the witnesses is expected to testify.
3. The attorney general shall prosecute the claim if he determines that the claim is valid and enforceable.
Sec. 3. NRS 607.170 is hereby amended to read as follows:
607.170 1. [When the] The labor commissioner [deems it necessary, he may take an assignment of] may prosecute a claim for wages and commissions [and prosecute an action for collection of] or commence any other action to collect wages, commissions and other demands of any person who is financially unable to employ counsel in a case in which, in the judgment of the labor commissioner, the claim for wages or commissions or other action is valid and enforceable in the courts.
2. In all matters relating to wages or commissions and before taking any assignment, the labor commissioner may [summon] , in accordance with the provisions of NRS 607.210, subpoena to appear before him, at a suitable place in the county of the claimant, his employer and all other [necessary persons for the purpose of adjusting and settling] persons required to adjust and settle claims for wages or commissions before bringing suit therefor, and the labor commissioner may effect reasonable compromises of those claims.
3. The labor commissioner or his deputy may maintain a commercial account with any bank or credit union within this state for the deposit of money collected for claims for wages or commissions. The money must be promptly paid to the person entitled thereto. At the end of each calendar year, any unclaimed money in the commercial account which has been a part of the account for [5 years] 1 year or more is presumed abandoned under NRS 120A.220.
Sec. 4. NRS 607.205 is hereby amended to read as follows:
607.205 In aid of his enforcement responsibilities under the labor laws of the State of Nevada, including , but not limited to , the provisions of NRS 338.030, 412.1393, 412.1395, 607.160, 607.170, 608.270 and chapter 611 of NRS, the labor commissioner or a person designated [from the commissioners regular staff] by him may conduct hearings and issue decisions thereon in the manner [provided by] set forth in NRS 607.207.
Sec. 5. NRS 607.207 is hereby amended to read as follows:
607.207 1. When an enforcement question is presented under any labor law of the State of Nevada, the determination of which is not exclusively vested in another officer, board or commission, the labor commissioner or a person designated [from the commissioners regular staff] by him may conduct a hearing in any place convenient to the parties, if practicable, and otherwise in a place chosen by the labor commissioner.
κ2001 Statutes of Nevada, Page 564 (CHAPTER 90, SB 373)κ
conduct a hearing in any place convenient to the parties, if practicable, and otherwise in a place chosen by the labor commissioner.
2. Notice of [such hearing shall] the hearing must be given by registered or certified mail to each party and to any person who has in writing requested such notice. The hearing [shall] must be conducted [no] not less than 15 days [following] after the mailing of the notices. The proceedings [shall] must be recorded and one copy [shall] must be provided at cost to any party who requests it. The labor commissioner or a person designated [from the commissioners regular staff] by him shall, in any such hearing, make full use of the authority conferred upon him by NRS 607.210.
Sec. 6. NRS 607.210 is hereby amended to read as follows:
607.210 1. The labor commissioner or a person designated [from the commissioners regular staff] by him may take testimony in all matters relating to the duties and requirements of this chapter in [some] a suitable place in the vicinity to which the testimony is applicable.
2. The labor commissioner or a person designated [from the commissioners regular staff] by him may compel the attendance of witnesses, and may issue subpoenas. No witness fees may be paid to any witness unless he is required to testify at a place more than 5 miles from his place of residence, in which event the witness is entitled to be paid the same fees as a witness before a district court. Payment must be made from the fund appropriated for those purposes in the county in which the testimony is taken and the witness examined in the same manner as provided for the payment of witness fees in the district court of that county.
3. Any person subpoenaed [under] pursuant to the provisions of this [section] chapter who willfully refuses or neglects to testify at the time and place named in the subpoena is guilty of a misdemeanor.
Sec. 7. NRS 607.215 is hereby amended to read as follows:
607.215 1. Within 30 days after the conclusion of the hearing provided for in NRS 607.207, the labor commissioner or a person designated [from the commissioners regular staff] by him shall issue a written decision, setting forth findings of fact and conclusions of law developed at the hearing.
2. The decision, together with the findings of fact and conclusions of law, [shall] must be mailed to each of the parties to whom the notice of the hearing was mailed and to any other persons who may have requested notice of the hearing. The decision becomes enforceable 10 days [following such] after the mailing.
3. Upon a petition for judicial review, the court may order trial de novo.
4. A decision issued pursuant to this section is binding on all parties and has the force of law.
Sec. 8. NRS 607.220 is hereby amended to read as follows:
607.220 Upon the complaint of the labor commissioner, the [district attorneys of the several counties] attorney general shall prosecute all criminal violations of law [which may be] that are reported to [them] him by the labor commissioner.
Sec. 9. NRS 608.250 is hereby amended to read as follows:
608.250 1. Except as otherwise provided in this section, the labor commissioner shall, in accordance with federal law, establish by regulation the minimum wage which may be paid to employees in private employment within the state . [is $3.35 per hour.] The labor commissioner shall prescribe increases in the minimum wage in accordance with those prescribed by federal law, unless he determines that [such] those increases are contrary to the public interest.
κ2001 Statutes of Nevada, Page 565 (CHAPTER 90, SB 373)κ
the public interest. [The minimum amount which may be paid to a minor is 85 percent of that amount.]
2. The provisions of subsection 1 do not apply to:
(a) Casual babysitters.
(b) Domestic service employees who reside in the household where they work.
(c) Outside salespersons whose earnings are based on commissions.
(d) Employees engaged in an agricultural pursuit for an employer who did not use more than 500 man-days of agricultural labor in any calendar quarter of the preceding calendar year.
(e) Taxicab and limousine drivers.
(f) Severely handicapped persons whose disabilities have diminished their productive capacity in a specific job and who are specified in certificates issued by the rehabilitation division of the department of employment, training and rehabilitation.
3. It is unlawful for any person to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any person for a wage less than that [provided in] established by the labor commissioner pursuant to the provisions of this section.
Sec. 10. NRS 608.260 is hereby amended to read as follows:
608.260 If any employer pays any employee a lesser amount than the minimum wage prescribed by regulation of the labor commissioner pursuant to the provisions of NRS 608.250, [such] the employee may, at any time within 2 years, bring a civil action [for the recovery of] to recover the difference between the amount paid to the employee and the amount of the minimum wage . [prescribed pursuant to NRS 608.250. No] A contract between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.
Sec. 11. NRS 608.270 is hereby amended to read as follows:
608.270 1. The labor commissioner shall:
(a) Administer and enforce the provisions of NRS 608.250; and
(b) Furnish the district attorney of any county or the attorney general all data and information concerning violations of the provisions of NRS 608.250, occurring in [such] the county coming to the attention of the labor commissioner.
2. [Every] Each district attorney shall, [when] if a complaint is made to him by the labor commissioner or by any aggrieved person, prosecute [every] each violation of the provisions of NRS 608.250 [, occurring] that occurs in his county. [Should] If any such district attorney [fail, neglect or refuse for a period of] fails, neglects or refuses for 20 days to commence [the] a prosecution for [the] a violation of the provisions of NRS 608.250, after being furnished data and information concerning [such] the violation, and diligently to prosecute the same to conclusion, [he] the district attorney is guilty of a misdemeanor, and in addition thereto he [shall] must be removed from office.
Sec. 12. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 566κ
Senate Bill No. 374Senator Jacobsen
CHAPTER 91
AN ACT relating to motor vehicles; revising provisions concerning the duty to erect and maintain signs to designate parking spaces for use by handicapped persons; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.408 is hereby amended to read as follows:
484.408 1. Any parking space designated for the handicapped must be indicated by a sign:
(a) Bearing the international symbol of access with or without the words Parking, Handicapped Parking, Handicapped Parking Only, or Reserved for the Handicapped, or any other word or combination of words indicating that the space is designated for the handicapped;
(b) Stating Minimum fine of $100 for use by others or equivalent words; and
(c) The bottom of which must be not less than 4 feet above the ground.
2. In addition to the requirements of subsection 1, a parking space designated for the handicapped which:
(a) Is designed for the exclusive use of a vehicle with a side-loading wheelchair lift; and
(b) Is located in a parking lot with 60 or more parking spaces,
must be indicated by a sign using a combination of words to state that the space is for the exclusive use of a vehicle with a side-loading wheelchair lift.
3. If a parking space is designed for the use of a vehicle with a side-loading wheelchair lift, the space which is immediately adjacent and intended for use in the loading and unloading of a wheelchair into or out of such a vehicle must be indicated by a sign:
(a) Stating No Parking or similar words which indicate that parking in such a space is prohibited;
(b) Stating Minimum fine of $100 for violation or similar words indicating that the minimum fine for parking in such a space is $100; and
(c) The bottom of which must not be less than 4 feet above the ground.
4. An owner of private property upon which is located a parking space described in subsection 1, 2 or 3 shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable. If a parking space described in subsection 1, 2 or 3 is located on public property, the governmental entity having control over that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.
5. A person shall not park a vehicle in a space designated for the handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:
κ2001 Statutes of Nevada, Page 567 (CHAPTER 91, SB 374)κ
(a) Special license plates issued pursuant to NRS 482.384;
(b) A special or temporary parking placard issued pursuant to NRS 482.384;
(c) A special or temporary parking sticker issued pursuant to NRS 482.384;
(d) Special license plates, a special or temporary parking sticker, or a special or temporary parking placard displaying the international symbol of access issued by another state or a foreign country; or
(e) Special license plates for a disabled veteran and a special parking placard issued pursuant to NRS 482.384.
[5.] 6. Except as otherwise provided in this subsection, a person shall not park a vehicle in a space that is reserved for the exclusive use of a vehicle with a side-loading wheelchair lift and is designated for the handicapped by a sign that meets the requirements of subsection 2, whether on public or privately owned property, unless:
(a) He is eligible to do so;
(b) The vehicle displays the special license plates or placard set forth in subsection [4;] 5; and
(c) The vehicle is equipped with a side-loading wheelchair lift.
A person who meets the requirements of paragraphs (a) and (b) may park a vehicle that is not equipped with a side-loading wheelchair lift in such a parking space if the space is in a parking lot with fewer than 60 parking spaces.
[6.] 7. A person shall not park in a space which:
(a) Is immediately adjacent to a space designed for use by a vehicle with a side-loading wheelchair lift; and
(b) Is designated as a space in which parking is prohibited by a sign that meets the requirements of subsection 3,
whether on public or privately owned property.
[7.] 8. A person shall not use a plate, sticker or placard set forth in subsection [4] 5 to park in a space designated for the handicapped unless he is a person with a disability which limits or impairs the ability to walk, a disabled veteran or the driver of a vehicle in which such a person is a passenger.
[8.] 9. A person who violates any [provision] of the provisions of subsections 5 to 8, inclusive, of this section is guilty of a misdemeanor and shall be punished:
(a) Upon the first offense, by a fine of $100.
(b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.
(c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.
Sec. 2. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 568κ
Senate Bill No. 501Committee on Finance
CHAPTER 92
AN ACT relating to commission on ethics; repealing the prospective expiration by limitation of the provisions relating to the appointment of a commission counsel by the commission on ethics; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 26 of chapter 535, Statutes of Nevada 1999, at page 2750, is hereby amended to read as follows:
Sec. 26. [1.] Section 19.5 of this act becomes effective at 12:01 a.m. on October 1, 1999.
[2. Section 5.5 of this act expires by limitation on June 30, 2001.]
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 512Committee on Commerce and Labor
CHAPTER 93
AN ACT relating to accountants; requiring the Nevada state board of accountancy to charge a fee for administering an examination in this state to a person who is a candidate for a certificate as a certified public accountant in another state or jurisdiction of the United States; requiring certain persons who wish to engage in the practice of public accounting under a fictitious name to register the fictitious name with the board; requiring the board to adopt regulations prescribing the procedure and fee for registering a fictitious name with the board; authorizing the board to take certain actions against persons who make false or fraudulent statements on certain applications submitted to the board; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 628 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before a certified public accountant or registered public accountant or a partnership, corporation or limited-liability company composed of certified public accountants or registered public accountants engages in the practice of public accounting in this state under a fictitious name, it must register the fictitious name with the board.
2. The board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that prescribe:
(a) The procedure for registering a fictitious name with the board; and
(b) The fee for registering a fictitious name with the board.
κ2001 Statutes of Nevada, Page 569 (CHAPTER 93, SB 512)κ
Sec. 2. NRS 628.280 is hereby amended to read as follows:
628.280 1. The board shall charge each candidate for a certificate of certified public accountant a fee to be determined by the board by regulation for [the] :
(a) The initial examination prescribed by the board pursuant to NRS 628.190 [.
2. Fees for reexaminations under NRS 628.190 must also be charged by the board in amounts determined by it by regulation] or for each section of the examination in which the candidate is reexamined [.
3.] ; and
(b) The review and inspection of his examination paper.
2. The applicable [fee] fees must be paid by the candidate at the time he applies for examination or reexamination.
[4.] 3. The board shall charge [each candidate for a certificate of certified public accountant] a fee to be determined by the board by regulation for [review and inspection of his examination paper.] administering the examination prescribed by the board pursuant to NRS 628.190 to a person who is a candidate for a certificate as a certified public accountant in another state or jurisdiction of the United States and requests that the board administer the examination to him in this state.
Sec. 3. NRS 628.310 is hereby amended to read as follows:
628.310 1. The board may waive the examination, the requirements for education or the requirements for experience, or any combination thereof, required under NRS 628.190, and may issue a certificate as a certified public accountant to any person who is the holder of a certificate as a certified public accountant then in effect issued under the laws of any state or other jurisdiction of the United States approved by the board, constituting a recognized qualification for the practice of public accounting comparable to that of a certified public accountant of this state, if:
(a) The person has passed an examination that is substantially the same as the examination conducted pursuant to NRS 628.230 with a grade that would have been a passing grade in this state on the date on which he received his original certificate;
(b) The person has experience in the practice of public accountancy, either as a certified public accountant or as a staff accountant employed by or under the direct supervision of a person who is a certified public accountant, while holding a certificate as a certified public accountant for more than 4 of the 10 years immediately preceding his making application pursuant to this chapter; and
(c) The requirements for education of the state or other jurisdiction from which the person received his original certificate [were substantially equivalent to] are determined by the board to satisfy the requirements for education of this state . [on the date on which the person received his original certificate.]
2. The board may waive the examination, the requirements for education or the requirements for experience, or any combination thereof, under NRS 628.190, and may issue a certificate as a certified public accountant to any person who is the holder of an equivalent certificate then in effect issued by a foreign country if:
(a) Persons who are certified as public accountants in this state are granted similar privileges by the foreign country in which the applicant is certified;
κ2001 Statutes of Nevada, Page 570 (CHAPTER 93, SB 512)κ
(b) The applicants certificate:
(1) Was issued by the appropriate authority that regulates the practice of public accountancy in the foreign country in which the certificate was issued;
(2) Has not expired or been revoked or suspended; and
(3) Authorizes the applicant to issue reports upon financial statements;
(c) The requirements for education and examination of the regulatory authority of the foreign country were substantially equivalent to the requirements for education and examination of this state on the date on which the applicant received his certificate;
(d) The applicant:
(1) Complied with requirements for experience in the foreign country in which the certificate was issued that are substantially equivalent to the requirements set forth in NRS 628.200; or
(2) Has completed in this state at least 4 years of public accounting experience, or equivalent experience determined to be appropriate by the board, within the 10 years immediately preceding his making application for certification in this state;
(e) The applicant has passed a written examination on national standards for public accounting and ethics that is acceptable to the board; and
(f) The applicant submits with his application a list of all jurisdictions in which he has applied for and received a certificate to practice public accounting.
3. A person who is granted a certificate as a certified public accountant pursuant to subsection 2 shall notify the board, in writing, within 30 days after:
(a) He is issued an equivalent certificate to practice public accounting by another jurisdiction or is denied the issuance of such a certificate;
(b) A certificate to practice public accounting issued to him by another jurisdiction is revoked or suspended; or
(c) Another jurisdiction in which he is certified to practice public accounting commences any type of disciplinary action against him.
Sec. 4. NRS 628.380 is hereby amended to read as follows:
628.380 1. Permits to engage in the practice of public accounting in this state must be issued by the board to holders of the certificate of certified public accountant issued under NRS 628.190 to 628.310, inclusive, and to registered public accountants registered or licensed pursuant to NRS 628.350, if all offices of the [certificate] holder of a certificate or registrant are maintained and registered as required under NRS 628.370, and if the [certificate] holder of a certificate or registrant has complied with the continuing education requirements provided in this chapter and in the boards regulations.
2. All permits expire on December 31 of each year and may be renewed annually for a period of 1 year by [certificate] holders of certificates and registrants in good standing upon payment of an annual renewal fee set by the board by regulation.
3. Failure of a [certificate] holder of a certificate or registrant to apply for an annual permit to practice deprives him of the right to a permit, unless the board, in its discretion, determines that the failure was caused by excusable neglect.
4. The board shall adopt a regulation specifying the fee for [issuance or] the renewal of a permit [more than 1 year after the expiration of a previous
κ2001 Statutes of Nevada, Page 571 (CHAPTER 93, SB 512)κ
permit or granting of a certificate or registration.] after January 31 of each year.
5. The board may provide by regulation for the placing of certificates and registrations [in] on a retired or inactive status. The regulation may provide for a procedure for applying for retired or inactive status and for applying to return to active status, and must specify fees, if any, to accompany the applications.
Sec. 5. NRS 628.390 is hereby amended to read as follows:
628.390 1. After giving notice and conducting a hearing, the board may revoke, or may suspend for a period of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant under NRS 628.350, or any registration of a partnership, corporation, limited-liability company or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may censure the holder of any permit, for any one or any combination of the following causes:
(a) Fraud or deceit in obtaining a certificate , as certified public accountant, or in obtaining registration or a license as a public accountant under this chapter, or in obtaining a permit to practice public accounting under this chapter.
(b) Dishonesty, fraud or gross negligence by a certified or registered public accountant in the practice of public accounting or, if not in the practice of public accounting, of a kind which adversely affects the ability to perform public accounting.
(c) Violation of any of the provisions of this chapter.
(d) Violation of a regulation or rule of professional conduct adopted by the board under the authority granted by this chapter.
(e) Conviction of a felony under the laws of any state or of the United States.
(f) Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States.
(g) Cancellation, revocation, suspension or refusal to renew authority to practice as a certified public accountant or a registered public accountant by any other state, for any cause other than failure to pay an annual registration fee or to comply with requirements for continuing education or review of his practice in the other state.
(h) Suspension or revocation of the right to practice before any state or federal agency.
(i) Unless the person has been placed on inactive or retired status, failure to obtain an annual permit under NRS 628.380, within:
(1) [One year] Sixty days after the expiration date of the permit to practice last obtained or renewed by the [certificate] holder of a certificate or registrant; or
(2) [One year] Sixty days after the date upon which the [certificate] holder of a certificate or registrant was granted his certificate or registration, if no permit was ever issued to him, unless the failure has been excused by the board.
(j) Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.
(k) Making a false or misleading statement in support of an application for a certificate, registration or permit of another person.
κ2001 Statutes of Nevada, Page 572 (CHAPTER 93, SB 512)κ
2. After giving notice and conducting a hearing, the board may deny an application to take the examination prescribed by the board pursuant to NRS 628.190, deny a person admission to such an examination, invalidate a grade received for such an examination or deny an application for a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, to a person who has:
(a) Made any false or fraudulent statement, or any misleading statement or omission relating to a material fact in an application:
(1) To take the examination prescribed by the board pursuant to NRS 628.190; or
(2) For a certificate issued pursuant to NRS 628.190 to 628.310, inclusive;
(b) Cheated on an examination prescribed by the board pursuant to NRS 628.190 or any such examination taken in another state or jurisdiction of the United States;
(c) Aided, abetted or conspired with any person in a violation of the provisions of paragraph (a) or (b); or
(d) Committed any combination of the acts set forth in paragraphs (a), (b) and (c).
3. In addition to other penalties prescribed by this section, the board may impose a civil penalty of not more than $5,000 for each violation [.] of this section. The board may recover:
(a) Attorneys fees and costs incurred [in] with respect to a hearing held pursuant to [subsection 1] this section from a [licensee if he] person who is found in violation [thereof; and] of any of the provisions of this section;
(b) Attorneys fees and costs incurred in the recovery of a civil penalty imposed [.] pursuant to this section; and
(c) Any other costs incurred by the board as a result of such a violation.
Sec. 6. NRS 628.400 is hereby amended to read as follows:
628.400 1. After giving notice and conducting a hearing, the board shall revoke the registration of a partnership, corporation or limited-liability company if at any time it does not have all the qualifications prescribed by the section of this chapter under which it qualified for registration.
2. After giving notice and conducting a hearing, the board may revoke or suspend the registration of a partnership, corporation or limited-liability company, or may censure the partnership, corporation or limited-liability company, or impose a sanction authorized by NRS 628.390, for any of the causes enumerated in subsection 1 of NRS 628.390, or for one or both of the following additional causes:
(a) The revocation or suspension of the certificate or registration or the revocation or suspension or refusal to renew the permit to practice of any partner or shareholder who is personally engaged in the practice of public accounting in this state, whether or not he holds a live permit in this state.
(b) The cancellation, revocation, suspension or refusal to renew the authority of the partnership, corporation or limited-liability company, or any partner, shareholder or member thereof to practice public accounting in any other state for any cause other than failure to pay an annual registration fee or comply with a requirement for continuing education or practice review in the other state.
Sec. 7. 1. Notwithstanding the provisions of section 1 of this act, a certified public accountant or registered public accountant, or a partnership, corporation or limited-liability company composed of certified public accountants or registered public accountants, that is engaged in the practice of public accounting in this state under a fictitious name and holds a certificate of registration that was issued under the fictitious name by the Nevada state board of accountancy pursuant to NRS 628.370 before July 1, 2001, must register the fictitious name with the board pursuant to the procedure prescribed by the board and pay the fee prescribed by the board not later than January 1, 2002.
κ2001 Statutes of Nevada, Page 573 (CHAPTER 93, SB 512)κ
accountants or registered public accountants, that is engaged in the practice of public accounting in this state under a fictitious name and holds a certificate of registration that was issued under the fictitious name by the Nevada state board of accountancy pursuant to NRS 628.370 before July 1, 2001, must register the fictitious name with the board pursuant to the procedure prescribed by the board and pay the fee prescribed by the board not later than January 1, 2002.
2. As used in this section:
(a) Practice of public accounting has the meaning ascribed to it in NRS 628.023.
(b) Registered public accountant has the meaning ascribed to it in NRS 628.029.
Sec. 8. 1. This section and sections 2 to 7, inclusive, of this act become effective on July 1, 2001.
2. Section 1 of this act becomes effective on July 1, 2001, for the purpose of adopting regulations and on January 1, 2002, for all other purposes.
________
Assembly Bill No. 155Committee on Commerce and Labor
CHAPTER 94
AN ACT relating to public works; revising the provisions governing the substitution of a subcontractor who is named in a bid for a public work or improvement; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.141 is hereby amended to read as follows:
338.141 1. Except as otherwise provided in subsection 2, each bid submitted to any officer, department, board or commission for the construction of any public work or improvement must include:
(a) The name of each subcontractor who will provide labor or a portion of the work or improvement to the contractor for which he will be paid an amount exceeding 5 percent of the prime contractors total bid. Within 2 hours after the completion of the opening of the bids, the general contractors who submitted the three lowest bids must submit a list [of] containing the name of each subcontractor who will provide labor or a portion of the work or improvement to the contractor for which he will be paid an amount exceeding 1 percent of the prime contractors total bid or $50,000, whichever is greater, and the number of the license issued to the subcontractor pursuant to chapter 624 of NRS. If a general contractor fails to submit such a list within the required time, his bid shall be deemed not responsive.
(b) A description of the portion of the work or improvement which each subcontractor named in the bid will complete.
2. The contractor shall list in his bid pursuant to subsection 1 the name of a subcontractor for each portion of the project that will be completed by a subcontractor.
κ2001 Statutes of Nevada, Page 574 (CHAPTER 94, AB 155)κ
3. A contractor whose bid is accepted shall not substitute any person for a subcontractor who is named in the bid, unless:
(a) The awarding authority objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change; or
(b) The substitution is approved by the awarding authority [and:] or an authorized representative of the awarding authority. The substitution must be approved if the awarding authority or authorized representative of the awarding authority determines that:
(1) The named subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the contractor which was offered to the subcontractor with the same general terms that all other subcontractors on the project were offered;
(2) The named subcontractor files for bankruptcy or becomes insolvent; or
(3) The named subcontractor fails or refuses to perform his subcontract within a reasonable time or is unable to furnish a performance bond and payment bond pursuant to NRS 339.025.
4. As used in this section, general terms means the terms and conditions of a contract that set the basic requirements for a project and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the project that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.
Sec. 2. The amendatory provisions of section 1 of this act do not apply to a public work or improvement for which a bid has been submitted before the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 233Committee on Judiciary
CHAPTER 95
AN ACT relating to correctional officers; providing that any person employed by the department of prisons who has certain responsibilities must be a correctional officer who has the powers of a peace officer; clarifying that correctional officers employed by the department are exempt from certain provisions pertaining to weapons; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.131 is hereby amended to read as follows:
209.131 The director shall:
1. Administer the department under the direction of the board.
2. Supervise the administration of all institutions and facilities of the department.
κ2001 Statutes of Nevada, Page 575 (CHAPTER 95, SB 233)κ
3. Receive, retain and release in accordance with law offenders sentenced to imprisonment in the state prison.
4. Be responsible for the supervision, custody, treatment, care, security and discipline of all offenders under his jurisdiction.
5. Ensure that any person employed by the department whose primary responsibilities are:
(a) The supervision, custody, security, discipline, safety and transportation of an offender;
(b) The security and safety of the staff; and
(c) The security and safety of an institution or facility of the department,
is a correctional officer who has the powers of a peace officer pursuant to subsection 1 of NRS 289.220.
6. Establish regulations with the approval of the board and enforce all laws governing the administration of the department and the custody, care and training of offenders.
[6.] 7. Take proper measures to protect the health and safety of the staff and offenders in the institutions and facilities of the department.
[7.] 8. Cause to be placed from time to time in conspicuous places about each institution and facility copies of laws and regulations relating to visits and correspondence between offenders and others.
[8.] 9. Provide for the holding of religious services in the institutions and facilities and make available to the offenders copies of appropriate religious materials.
Sec. 2. NRS 202.350 is hereby amended to read as follows:
202.350 1. Except as otherwise provided in this section and NRS 202.3653 to 202.369, inclusive, it is unlawful for a person within this state to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carry concealed upon his person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or machete;
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
(4) Knife which is made an integral part of a belt buckle.
2. Except as otherwise provided in this section, it is unlawful for a person to possess or use a:
(a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or
(b) Machine gun or a silencer.
3. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of subsection 1 or 2 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony, and shall be punished as provided in NRS 193.130.
4. Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit.
κ2001 Statutes of Nevada, Page 576 (CHAPTER 95, SB 233)κ
issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.
5. Except as otherwise provided in subsection 6, this section does not apply to:
(a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the department of prisons, special police officers, police officers of this state, whether active or honorably retired, or other appointed officers.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.
(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.
(d) Members of the Armed Forces of the United States when on duty.
6. The exemptions provided in subsection 5 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.
7. The provisions of paragraph (b) of subsection 2 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.
8. As used in this section:
(a) Concealed weapon means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
(b) Honorably retired means retired in Nevada after completion of 10 years of creditable service as a member of the public employees retirement system. A former peace officer is not honorably retired if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
(c) Machine gun means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
(d) Nunchaku means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
(e) Silencer means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
(f) Switchblade knife means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.
κ2001 Statutes of Nevada, Page 577 (CHAPTER 95, SB 233)κ
(g) Trefoil means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.
Sec. 3. This act becomes effective on July 1, 2001.
________
Senate Bill No. 414Senators Coffin, ODonnell, Amodei, Shaffer, Wiener, Carlton, Porter, Rawson and Schneider
Joint Sponsors: Assemblymen Tiffany, Cegavske, Gustavson, Hettrick, Manendo and McClain
CHAPTER 96
AN ACT relating to motor vehicles; providing for the limited issuance of special license plates to commemorate the 100th anniversary of the founding of the City of Las Vegas; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this subsection and subsection 7, the department, in cooperation with the board of museums and history of the department of museums, library and arts, shall design, prepare and issue license plates which commemorate the 100th anniversary of the founding of the City of Las Vegas, using any colors and designs that the department deems appropriate. The department shall not design, prepare or issue the commemorative license plates unless it receives at least 250 applications for the issuance of those plates.
2. Except as otherwise provided in subsection 7, if the department receives at least 250 applications for the issuance of the commemorative license plates, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with the commemorative license plates if that person pays the fees for the personalized prestige license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4.
3. The fee for the commemorative license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. Except as otherwise provided in this subsection, in addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of the commemorative license plates must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.
κ2001 Statutes of Nevada, Page 578 (CHAPTER 96, SB 414)κ
additional fee of $20, to be distributed pursuant to subsection 5. The additional fees required pursuant to this subsection must not be charged after December 31, 2005.
5. The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the state general fund. For the duration of the collection of such fees, the state treasurer shall, on a quarterly basis, distribute the fees to the city treasurer of the City of Las Vegas to be used to pay for:
(a) A celebration of the 100th anniversary of the founding of the City of Las Vegas to be held in 2005; and
(b) Projects relating to the commemoration of the history of the City of Las Vegas, including, without limitation, historical markers, tours of historic sites and improvements to or restoration of historic buildings or structures.
6. If, during a registration year, the holder of the commemorative license plates disposes of the vehicle to which the commemorative license plates are affixed, the holder shall:
(a) Retain the commemorative license plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the commemorative license plates from the vehicle, return them to the department.
7. The department shall not issue:
(a) The commemorative license plates after December 31, 2005.
(b) Replacement license plates for those license plates after December 31, 2010.
Sec. 2. NRS 482.216 is hereby amended to read as follows:
482.216 1. Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.
2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:
(a) Transmit the applications he receives to the department within the period prescribed by the department;
(b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;
(c) Comply with the regulations adopted pursuant to subsection 4; and
(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.
3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:
(a) Charge any additional fee for the performance of those services;
(b) Receive compensation from the department for the performance of those services;
(c) Accept applications for the renewal of registration of a motor vehicle; or
κ2001 Statutes of Nevada, Page 579 (CHAPTER 96, SB 414)κ
(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:
(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive [;] , and section 1 of this act; or
(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.
4. The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:
(a) The expedient and secure issuance of license plates and decals by the department; and
(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.
Sec. 3. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration................................................................................ $5.00
For every substitute number plate or set of plates................................................. 5.00
For every duplicate number plate or set of plates............................................... 10.00
For every decal displaying a county name............................................................. .50
For every other decal, license plate sticker or tab.................................................. 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal [requested] issued pursuant to NRS 482.37635.
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
5. As used in this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
κ2001 Statutes of Nevada, Page 580 (CHAPTER 96, SB 414)κ
Sec. 4. On or before October 1, 2003, the department of motor vehicles and public safety shall determine and publicly declare the number of applications it has received for the issuance of license plates pursuant to section 1 of this act.
Sec. 5. The amendatory provisions of this act expire by limitation on October 1, 2003, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to section 1 of this act.
________
Senate Bill No. 318Senators Raggio, Rawson, ODonnell, Neal, Washington, Jacobsen, Care, Coffin, James, Mathews, McGinness, Porter, Rhoads, Shaffer, Titus, Wiener, Carlton, Schneider and Townsend
CHAPTER 97
AN ACT relating to cancer; creating the task force on prostate cancer; prescribing its powers and duties; and providing other matters properly relating thereto.
[Approved: May 17, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 457 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, task force means the task force on prostate cancer created pursuant to section 3 of this act.
Sec. 3. 1. The task force on prostate cancer, consisting of 11 members, is hereby created. The task force consists of:
(a) The following ex officio members:
(1) The chief executive officer of Family to Family: Americans for Prostate Cancer Awareness and Support;
(2) The Nevada director of Us Too International, Inc.; and
(3) The executive officer of the public employees benefit program; and
(b) The following members appointed by the governor:
(1) Two members who are physicians licensed pursuant to chapter 630 of NRS;
(2) One member who is an officer or employee of the University and Community College System of Nevada;
(3) One member who is an employee of the bureau of disease control and intervention of the health division;
(4) One member who has had prostate cancer;
(5) One member who is related to a person who has had prostate cancer; and
(6) Two members who are representatives of business.
2. If Family to Family: Americans for Prostrate Cancer Awareness and Support or Us Too International, Inc., ceases to exist, the highest officer or person in charge of any successor organization shall serve as the ex officio member required by subparagraph (1) or (2) of paragraph (a) of subsection 1 or, if there is no successor organization, the governor shall appoint a person to serve pursuant to the applicable subparagraph.
κ2001 Statutes of Nevada, Page 581 (CHAPTER 97, SB 318)κ
ex officio member required by subparagraph (1) or (2) of paragraph (a) of subsection 1 or, if there is no successor organization, the governor shall appoint a person to serve pursuant to the applicable subparagraph.
3. Vacancies of members appointed to the task force must be filled in the same manner as original appointments.
4. The task force shall annually submit a report concerning its activities and any recommendations for legislation to the director of the legislative counsel bureau for transmittal to the legislature.
Sec. 4. 1. The member of the task force described in subparagraph (1) of paragraph (a) of subsection 1 of section 3 of this act shall serve as chairman during even-numbered years and the member described in subparagraph (2) of paragraph (a) of subsection 1 of section 3 of this act shall serve as chairman during the odd-numbered years.
2. The members of the task force shall meet at least four times each year and at the call of the chairman. The task force shall prescribe regulations for its management and government.
3. Six members of the task force constitute a quorum, and a quorum may exercise all the powers conferred on the task force.
4. After the initial terms, the term of each appointed member of the task force is 4 years. The governor shall not appoint a member to serve more than two terms.
5. The members of the task force serve without compensation and are not entitled to receive a per diem allowance or travel expenses.
6. The members of the task force who are state employees must be relieved from their duties without loss of their regular compensation to perform their duties relating to the task force in the most timely manner practicable. The state employees may not be required to make up the time they are absent from work to fulfill their obligations as members of the task force or take annual leave or compensatory time for the absence.
Sec. 5. The task force may:
1. Compile research and information concerning prostate cancer.
2. Identify and evaluate the methods used by the state and local governments to increase the awareness of the general public concerning the risk, treatment and prevention of prostate cancer.
3. Identify and evaluate methods to improve communication among institutions and other entities in this state that are involved in the research and treatment of prostate cancer.
4. Identify and evaluate methods to increase funding for institutions and other entities in this state that are involved in cancer research.
5. Identify and evaluate methods to increase the number of men in this state who are regularly tested for the presence of prostate cancer.
6. Identify and evaluate methods to increase the awareness and education of the general public concerning prostate cancer.
7. Apply for any available grants and accept any gifts, grants or donations to assist the task force in carrying out its duties pursuant to this section.
Sec. 6. The director of the department of human resources shall provide the personnel, facilities, equipment and supplies required by the task force to carry out the provisions of sections 2 to 6, inclusive, of this act.
κ2001 Statutes of Nevada, Page 582 (CHAPTER 97, SB 318)κ
Sec. 7. As soon as practicable after July 1, 2001, the governor shall appoint to the task force on prostate cancer created by section 3 of this act:
1. Four members whose terms expire on June 30, 2004.
2. Four members whose terms expire on June 30, 2005.
Sec. 8. This act becomes effective on July 1, 2001.
________
Senate Bill No. 46Committee on Judiciary
CHAPTER 98
AN ACT relating to the secretary of state; increasing the maximum fee the secretary of state may charge for providing certain special services; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 225.140 is hereby amended to read as follows:
225.140 1. Except as otherwise provided in subsection 2, in addition to other fees authorized by law, the secretary of state shall charge and collect the following fees:
For a copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, other than a document required to be filed pursuant to Title 24 of NRS, per page............................................................................ $1.00
For a copy of any document required to be filed pursuant to Title 24 of NRS, per page.................................................................................................................... .50
For certifying to any such copy and use of the state seal, for each impression 10.00
For each passport or other document signed by the governor and attested by the secretary of state.......................................................................................... 10.00
For a negotiable instrument returned unpaid................................................. 10.00
2. The secretary of state:
(a) Shall charge a reasonable fee for searching records and documents kept in his office.
(b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.
(c) May not charge or collect a filing or other fee for:
(1) Attesting extradition papers or executive warrants for other states.
(2) Any commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.
(d) May charge a reasonable fee, not to exceed [$100,] :
(1) Five hundred dollars, for providing service within 2 hours after the time the service is requested; and
(2) One hundred dollars, for providing any other special [services] service, including, but not limited to, providing service [on the day it is requested or] more than 2 hours but within 24 hours [,] after the time the service is requested, accepting documents filed by facsimile machine [,] and other use of new technology.
κ2001 Statutes of Nevada, Page 583 (CHAPTER 98, SB 46)κ
requested or] more than 2 hours but within 24 hours [,] after the time the service is requested, accepting documents filed by facsimile machine [,] and other use of new technology.
(e) Shall charge a fee, not to exceed the actual cost to the secretary of state, for providing:
(1) A copy of any record kept in his office that is stored on a computer or on microfilm if the copy is provided on a tape, disk or other medium used for the storage of information by a computer or on duplicate film.
(2) Access to his computer data base on which records are stored.
3. All fees collected pursuant to paragraph (d) of subsection 2 must be deposited with the state treasurer for credit to the account for special services of the secretary of state in the state general fund. Any amount remaining in the account at the end of a fiscal year in excess of $2,000,000 must be transferred to the state general fund. Money in the account may be transferred to the secretary of states operating general fund budget account and must only be used to create and maintain the capability of the office of the secretary of state to provide special services, including, but not limited to, providing service:
(a) On the day it is requested or within 24 hours; or
(b) Necessary to increase or maintain the efficiency of the office.
Any transfer of money from the account for expenditure by the secretary of state must be approved by the interim finance committee.
Sec. 2. This act becomes effective on July 1, 2001.
________
Senate Bill No. 77Senator Amodei
Joint Sponsor: Assemblyman Dini
CHAPTER 99
AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad; providing for the issuance of souvenir license plates that indicate support for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad; imposing a fee for the issuance or renewal of special license plates to finance the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this subsection, the department, in cooperation with the Northern Nevada Railway Foundation or its successor, shall design, prepare and issue license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad using any colors that the department deems appropriate. The design of the license plates must include a depiction of a locomotive of the Virginia & Truckee Railroad and the phrase The Virginia & Truckee Lives.
κ2001 Statutes of Nevada, Page 584 (CHAPTER 99, SB 77)κ
locomotive of the Virginia & Truckee Railroad and the phrase The Virginia & Truckee Lives. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. If the department receives at least 250 applications for the issuance of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 3 and 4.
3. The fee for license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.
5. The department shall transmit the fees collected pursuant to subsection 4 to the treasurer with whom the Tricounty Railway Commission of Carson City and Lyon and Storey counties has entered into an agreement as required by subsection 2 of section 8 of chapter 566, Statutes of Nevada 1993, for deposit in the fund created pursuant to that section. The fees transmitted pursuant to this subsection must be used only for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of subsections 1 to 6, inclusive, disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of subsections 1 to 6, inclusive, if the transfer and registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.
7. Except as otherwise provided in this subsection, the director shall, at the request of the Northern Nevada Railway Foundation or its successor:
(a) Order the design and preparation of souvenir license plates that indicate support for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad; and
κ2001 Statutes of Nevada, Page 585 (CHAPTER 99, SB 77)κ
(b) Issue such souvenir license plates only to the Northern Nevada Railway Foundation or its successor for a fee established pursuant to NRS 482.3825. The Northern Nevada Railway Foundation or its successor may resell such souvenir license plates at a price determined by the Foundation or its successor.
The director shall not order the design or preparation of souvenir license plates pursuant to this subsection unless the department has received at least 250 applications for the issuance of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 1 to 6, inclusive.
Sec. 2. NRS 482.216 is hereby amended to read as follows:
482.216 1. Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.
2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:
(a) Transmit the applications he receives to the department within the period prescribed by the department;
(b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;
(c) Comply with the regulations adopted pursuant to subsection 4; and
(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.
3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:
(a) Charge any additional fee for the performance of those services;
(b) Receive compensation from the department for the performance of those services;
(c) Accept applications for the renewal of registration of a motor vehicle; or
(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:
(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive [;] , and section 1 of this act; or
(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.
4. The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:
(a) The expedient and secure issuance of license plates and decals by the department; and
(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.
κ2001 Statutes of Nevada, Page 586 (CHAPTER 99, SB 77)κ
Sec. 3. NRS 482.3825 is hereby amended to read as follows:
482.3825 1. The director may order the design and preparation of souvenir license plates which are easily distinguishable in design or color from regular license plates. The director may establish a fee for the issuance of such plates of not more than $15 per plate. The department may issue more than one plate of any particular design.
2. All money collected from the issuance of souvenir license plates must be deposited in the state treasury for credit to the motor vehicle fund.
3. As used in this section, issuance does not include the resale of a souvenir license plate.
Sec. 4. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration.......................................................................... $5.00
For every substitute number plate or set of plates........................................... 5.00
For every duplicate number plate or set of plates......................................... 10.00
For every decal displaying a county name....................................................... .50
For every other decal, license plate sticker or tab............................................ 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) [For] Except as otherwise provided in section 1 of this act, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal [requested] issued pursuant to NRS 482.37635.
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
5. As used in this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
Sec. 5. Section 8 of chapter 566, Statutes of Nevada 1993, at page 2329, is hereby amended to read as follows:
Sec. 8. 1. The commission may enter into an agreement with the district attorney of Carson City or Douglas, Lyon, Storey or Washoe County, or any combination thereof, to provide legal services to the commission. The commission may authorize payment to the district attorney for the costs to the district attorney for providing those services.
κ2001 Statutes of Nevada, Page 587 (CHAPTER 99, SB 77)κ
attorney for the costs to the district attorney for providing those services.
2. The commission shall enter into an agreement with the treasurer of Carson City or Douglas, Lyon, Storey or Washoe County to create a fund for the commission and pay all claims against the fund that are properly approved by the commission. The commission may authorize payment to the treasurer for the costs to the treasurer for providing those services.
3. All money received by the commission must be deposited in the fund created pursuant to subsection 2. [The] Except as otherwise provided in section 1 of Senate Bill No. 77 of the 2001 legislative session, the money in the fund must be used only for the necessary expenses of the commission and the costs of the projects authorized by this act.
Sec. 6. On or before October 1, 2005, the department of motor vehicles and public safety shall determine and publicly declare the number of applications it has received for the issuance of a license plate pursuant to subsections 1 to 6, inclusive, of section 1 of this act.
Sec. 7. The amendatory provisions of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to subsections 1 to 6, inclusive, of section 1 of this act.
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Assembly Bill No. 28Assemblyman de Braga
CHAPTER 100
AN ACT relating to school property; providing a procedure for the sale of a house or other structure built by pupils enrolled in a program of instruction offered by a public school; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 393 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees may, after complying with any other applicable provision of NRS 393.220 to 393.325, inclusive, sell any house or other structure built by pupils enrolled in a program of instruction offered by a public school in the school district by accepting written proposals for the purchase of the house or structure at any public meeting held by the board of trustees.
2. If the board of trustees proposes to sell a house or other structure built by pupils enrolled in a program of instruction offered by a public school in the school district and wishes to give an exclusive listing to a real estate broker to sell the house or structure, the board of trustees shall cause written notice to be published at least once in a newspaper of general circulation within the county not less than 30 days before adopting a resolution of intention to sell the house or structure pursuant to the provisions of NRS 393.250.
κ2001 Statutes of Nevada, Page 588 (CHAPTER 100, AB 28)κ
resolution of intention to sell the house or structure pursuant to the provisions of NRS 393.250. The notice must:
(a) Describe the house or structure in such a manner as to identify it; and
(b) Include a statement indicating that:
(1) The board of trustees intends to adopt a resolution pursuant to the provisions of NRS 393.250 and the proposed date for its adoption; and
(2) If a real estate broker wishes to be included in a list of prospective real estate brokers prepared pursuant to the provisions of subsection 3, the real estate broker may provide a written notice of that fact to the board of trustees not less than 10 days before the date specified in subparagraph (1). To qualify for inclusion on the list, a real estate broker must maintain an office within the county where the school district is located.
3. Before adopting a resolution specified in subsection 2, the board of trustees shall:
(a) Prepare a list that includes the name of each qualified real estate broker from whom the board of trustees received a written notice pursuant to the provisions of subparagraph (2) of paragraph (b) of subsection 2; and
(b) Upon completion of the list, select by lottery a real estate broker who maintains an office within the county where the school district is located from the list.
4. If the board of trustees sells a house or other structure built by pupils enrolled in a program of instruction offered by a public school in the school district and if the purchaser of the house or structure was procured by a real estate broker who was selected pursuant to the provisions of subsection 3, the board of trustees shall pay a commission to the real estate broker for the full amount for which the sale is confirmed. If the real estate broker did not procure the purchaser of the house or structure, the board of trustees shall pay one-half of the commission on the full amount for which the sale is confirmed to the real estate broker and one-half of the commission to the real estate broker who procured the purchaser of the property.
5. The provisions of paragraph (c) of subsection 2 of NRS 393.250 and NRS 393.270 and 393.280 do not apply to the sale of a house or other structure built by pupils enrolled in a program of instruction offered by a public school in the school district.
Sec. 2. NRS 393.240 is hereby amended to read as follows:
393.240 1. Except as otherwise provided in [subsection 5] this section and NRS 393.3251 to 393.3255, inclusive, [when] if the board of trustees proposes to sell or lease any real property, the board shall appoint one appraiser. A second appraiser must be appointed by the superintendent of public instruction.
2. The appraisers shall make a report to the board of trustees of their findings and determinations of the cash market value of the property proposed to be sold, or the rental value of the property proposed to be leased.
3. No sale or lease of real property may be made for less than the value fixed by the appraisers, but this requirement does not apply to a conveyance without charge to another political subdivision.
4. The compensation of [the appraisers] each appraiser appointed pursuant to the provisions of this section must be fixed by the board of trustees, and is a legal charge against the school district fund.
κ2001 Statutes of Nevada, Page 589 (CHAPTER 100, AB 28)κ
5. The board of trustees may sell real property without an independent appraisal [where] if the property is reasonably determined by the board to have a fair market value of $5,000 or less.
6. If the board of trustees proposes to sell a house or other structure that is built by pupils enrolled in a program of instruction offered by a public school in the school district, the report concerning the cash market value of the house or other structure required to be submitted to the board of trustees pursuant to the provisions of subsection 2 must be prepared and submitted by an appraiser appointed by the board.
Sec. 3. NRS 393.245 is hereby amended to read as follows:
393.245 1. The board of trustees may sell or lease real property:
(a) To a responsible bidder in the manner provided by NRS 393.250 to 393.300, inclusive; or
(b) Through a licensed real estate broker. [No] Except as otherwise provided in subsection 3, an exclusive listing may not be given. In all listings, the board of trustees shall specify the minimum price or rental, the terms of the sale or lease, and the commission to be allowed, which [shall] must not exceed the normal commissions prevailing in the community at the time.
2. [All] Except as otherwise provided in this subsection, all sales may be made for cash, or for not less than 25 percent cash down and upon deferred payments [over a period of] for not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as specified by the board of trustees . [shall specify.] The sale of a house or other structure that is built by pupils enrolled in a program of instruction offered by a public school in the school district may be for cash or upon such terms and conditions as are determined by the board of trustees.
3. If the board of trustees proposes to sell a house or other structure built by pupils enrolled in a program of instruction offered by a public school in the school district, the board of trustees may enter into a brokerage agreement to list the house or structure with a real estate broker who:
(a) Is licensed in this state;
(b) Maintains an office within the county where the school district is located; and
(c) Has been selected by the board of trustees pursuant to the provisions of section 1 of this act.
4. The provisions of this section apply to all sales and leases of real property, except leases and rentals subject to NRS 393.3251 to 393.3255, inclusive, but if an appraisal is required pursuant to the provisions of NRS 393.240 , the board of trustees shall not adopt the resolution described in NRS 393.250 or otherwise commence bidding or listing procedures until the [report of the appraisers] appraisal has been received.
Sec. 4. NRS 393.250 is hereby amended to read as follows:
393.250 1. Before ordering the sale or lease of any property, the board of trustees shall, in an open meeting by a majority vote of the members, adopt a resolution declaring its intention to sell the property, or a resolution declaring its intention to lease it . [, as the case may be.]
2. The resolution [shall:] must:
(a) Describe the property proposed to be sold or leased in such a manner as to identify it.
κ2001 Statutes of Nevada, Page 590 (CHAPTER 100, AB 28)κ
(b) Specify the minimum price or rental, and the terms upon which it will be sold or leased, and the commission, if any, which [shall] must not exceed the normal commissions prevailing in the community at the time, which the board will pay to a licensed real estate broker.
(c) [Fix] Except as otherwise provided in section 1 of this act, fix a time, not less than 3 weeks thereafter, for a public meeting of the board of trustees to be held at its regular place of meeting, at which sealed proposals to purchase or lease will be received and considered.
3. In addition to the requirements specified in subsection 2, if the property proposed to be sold is a house or other structure built by pupils enrolled in a program of instruction offered by a public school in the school district and the board of trustees has listed the house or structure with a real estate broker pursuant to the provisions of subsection 3 of NRS 393.245, the resolution required pursuant to the provisions of this section must include:
(a) The name, business address and telephone number of the real estate broker; and
(b) The period during which the house or structure may be inspected by prospective purchasers.
Sec. 5. NRS 393.260 is hereby amended to read as follows:
393.260 Notice of the adoption of the resolution and of the time and place of holding the meeting [shall] , if required pursuant to the provisions of paragraph (c) of subsection 2 of NRS 393.250, must be given by:
1. Posting copies of the resolution in three public places in the school district not less than 15 days before the date of the meeting; and
2. Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the school district, if any such newspaper is published therein.
Sec. 6. NRS 393.270 is hereby amended to read as follows:
393.270 [At] Except as otherwise provided in section 1 of this act, at the time and place fixed in the resolution for the meeting of the board of trustees, [all sealed proposals which have] each sealed proposal that has been received [shall,] must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or to lease and which are made by responsible bidders, the proposal which is the highest [shall] must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
Sec. 7. NRS 393.280 is hereby amended to read as follows:
393.280 Except as otherwise provided in section 1 of this act:
1. Before accepting any written proposal, the board of trustees shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to purchase the property or to lease the property, as the case may be, upon the terms and conditions specified in the resolution, for a price or rental exceeding by at least 5 percent the highest written proposal, after deducting the commission, if any, to be paid a licensed real estate broker in connection therewith, [then] the oral bid which is the highest after deducting any commissions to be paid a licensed real estate broker in connection therewith, which is made by a responsible person, [shall] must be finally accepted.
2. If a sale or lease is made on a higher oral bid to a purchaser procured by an authorized, licensed real estate broker, other than the broker who submitted the highest written proposal, the board shall allow a commission on the full amount for which the sale is confirmed.
κ2001 Statutes of Nevada, Page 591 (CHAPTER 100, AB 28)κ
on the full amount for which the sale is confirmed. One-half of the commission on the amount of the highest written proposal [shall] must be paid to the broker who submitted it, and the balance of the commission on the purchase price to the broker who procured the purchaser to whom the sale was confirmed. If a sale or lease is made on a higher oral bid to a purchaser not procured by a licensed real estate broker, the board shall allow one-half of the commission on the amount of the highest written proposal, if [such] that highest written proposal was submitted by a licensed real estate broker.
Sec. 8. NRS 393.290 is hereby amended to read as follows:
393.290 The final acceptance by the board of trustees may be made [either at] :
1. At the same session [or at] held pursuant to the provisions of NRS 293.270;
2. At any adjourned session of the same meeting held within the 10 days next following [.] ; or
3. If the board of trustees is selling a house or other structure built by pupils enrolled in a program of instruction offered by a public school in the school district, at any public meeting held pursuant to the provisions of section 1 of this act.
Sec. 9. NRS 393.300 is hereby amended to read as follows:
393.300 The board of trustees may [at] :
1. At the session [,] held pursuant to the provisions of NRS 393.270; or
2. At any public meeting held by the board of trustees pursuant to the provisions of section 1 of this act,
if it deems such an action to be for the best public interest, reject any [and all bids, either written or oral,] bid, and withdraw the property from sale or lease.
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Assembly Bill No. 56Assemblyman Neighbors
CHAPTER 101
AN ACT relating to counties; authorizing counties to transfer or sell real property obtained from the Federal Government to certain persons without offering the property to the public under certain circumstances; establishing a price for the sale of such property under certain circumstances; requiring a county to collect certain amounts from a person before selling or transferring the property to that person; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A board of county commissioners may transfer real property which was acquired by the county directly from the Federal Government to a person without complying with the provisions of NRS 244.281 if the board of county commissioners determines that:
(a) The property is part of an original mining townsite;
κ2001 Statutes of Nevada, Page 592 (CHAPTER 101, AB 56)κ
(b) The person and his predecessors in interest, if any, have continuously claimed, possessed and occupied such property for at least the 25 years immediately preceding the date of the transfer;
(c) The persons claim of right to possession of the property is based upon a written instrument issued to him or his predecessors in interest by a person who claimed a right to possess the property; and
(d) The person or his predecessors in interest have paid all taxes that have been assessed against the property for the period during which the person and his predecessors in interest have claimed, possessed and occupied the property.
2. The board of county commissioners may sell real property which was acquired by the county directly from the Federal Government to a person without complying with the provisions of NRS 244.281 if the board of county commissioners determines that the requirements set forth in paragraphs (a) and (b) of subsection 1 apply to the property. To establish a price for a sale pursuant to this subsection, a board of county commissioners shall obtain an appraisal of the property from a person who is certified to appraise real estate pursuant to chapter 645C of NRS. The price of property sold pursuant to this subsection must be equal to the sum of the appraised value of the property plus the greater of:
(a) One hundred dollars; or
(b) The balance of the state, county and municipal taxes that are due and owing on the land for the 5 years immediately preceding the date of the sale.
3. For purposes of this section, a person shall be deemed to have continuously possessed and occupied real property if during the time the person claims that he and his predecessors in interest, if any, have possessed and occupied the real property, the real property has been:
(a) Usually inhabited, cultivated or improved by the person or his predecessors in interest;
(b) Protected by a substantial enclosure erected by the person or his predecessors in interest; or
(c) Used by the person or his predecessors in interest for the production of fuel, timber, ore or minerals, for husbandry or pasturage or for any other habitual use that the board of county commissioners determines to be indicative of possession and occupancy.
4. Before submitting documents to the county recorder to record a transfer or sale of property to a person pursuant to this section, the board of county commissioners shall:
(a) Charge and collect from the person to whom the real property is being transferred or sold a payment in an amount equal to the sum of:
(1) If applicable, the sales price determined pursuant to subsection 2; and
(2) The total cost to the county of:
(I) Acquiring the property from the Federal Government; and
(II) Conveying the property to the person; and
(b) Submit the money collected pursuant to this section to the county treasurer.
5. As used in this section, original mining townsite means real property owned by the Federal Government upon which improvements were made:
(a) Because a mining operation was located near the property; and
κ2001 Statutes of Nevada, Page 593 (CHAPTER 101, AB 56)κ
(b) Based upon the belief that:
(1) The property had been or would be acquired from the Federal Government by the entity that operated the mine; or
(2) The person who made the improvement had a valid claim for acquiring the property from the Federal Government.
Sec. 2. NRS 244.281 is hereby amended to read as follows:
244.281 Except as otherwise provided in NRS 244.279 and 244.288 [:] and section 1 of this act:
1. When a board of county commissioners has determined by resolution that the sale or exchange of any real property owned by the county will be for purposes other than to realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, within the county and will be in the best interest of the county, it may:
(a) Sell the property at public auction, in the manner prescribed for the sale of real property in NRS 244.282.
(b) Sell the property through a licensed real estate broker, or if there is no real estate broker resident of the county, the board of county commissioners may negotiate the sale of the property. No exclusive listing may be given. In all listings, the board of county commissioners shall specify the minimum price, the terms of sale and the commission to be allowed, which must not exceed the normal commissions prevailing in the community at the time.
(c) Exchange the property for other real property of substantially equal value, or for other real property plus an amount of money equal to the difference in value, if it has also determined by resolution that the acquisition of the other real property will be in the best interest of the county.
2. Before the board of county commissioners may sell or exchange any real property as provided in paragraphs (b) and (c) of subsection 1, it shall publish a notice of its intention to sell or exchange once a week for 3 weeks in a newspaper qualified under chapter 238 of NRS. In case of:
(a) A sale, the notice must state the name of the licensed real estate broker handling the sale and invite interested persons to negotiate with him.
(b) An exchange, the notice must call for offers of cash or exchange. The commission shall accept the highest and best offer.
3. If the board of county commissioners by its resolution further finds that the property to be sold is worth more than $1,000, the board shall appoint one or more disinterested, competent real estate appraisers to appraise the property, and, except for property acquired pursuant to NRS 371.047, shall not sell or exchange it for less than the appraised value.
4. If the property is appraised at $1,000 or more, the board of county commissioners may sell it either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.
Sec. 3. NRS 371.047 is hereby amended to read as follows:
371.047 1. A county may use the proceeds of the tax imposed pursuant to NRS 371.045, or of bonds, notes or other obligations incurred to which the proceeds of those taxes are pledged to finance a project related to the construction of a highway with limited access, to:
(a) Purchase residential real property which shares a boundary with a highway with limited access or a project related to the construction of a highway with limited access, and which is adversely affected by the highway.
κ2001 Statutes of Nevada, Page 594 (CHAPTER 101, AB 56)κ
highway. Not more than 1 percent of the proceeds of the tax or of any bonds to which the proceeds of the tax are pledged may be used for this purpose.
(b) Pay for the cost of moving persons whose primary residences are condemned for a right of way for a highway with limited access and who qualify for such payments. The board of county commissioners shall, by ordinance, establish the qualifications for receiving payments for the cost of moving pursuant to this paragraph.
2. A county may, in accordance with NRS 244.265 to 244.296, inclusive, and section 1 of this act, dispose of any residential real property purchased pursuant to this section, and may reserve and except easements, rights or interests related thereto, including, but not limited to:
(a) Abutters rights of light, view or air.
(b) Easements of access to and from abutting land.
(c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.
3. Proceeds from the sale or lease of residential real property acquired pursuant to this section must be used for the purposes set forth in this section and in NRS 371.045.
4. For the purposes of this section, residential real property is adversely affected by a highway with limited access if the construction or proposed use of the highway:
(a) Constitutes a taking of all or any part of the property, or interest therein;
(b) Lowers the value of the property; or
(c) Constitutes a nuisance.
5. As used in this section:
(a) Highway with limited access means a divided highway for through traffic with full control of access and with grade separations at intersections.
(b) Primary residence means a dwelling, whether owned or rented by the occupant, which is the sole principal place of residence of that occupant.
(c) Residential real property means a lot or parcel of not more than 1.5 acres upon which a single-family or multifamily dwelling is located.
Sec. 4. This act becomes effective upon passage and approval..
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κ2001 Statutes of Nevada, Page 595κ
Assembly Bill No. 59Assemblyman Collins
CHAPTER 102
AN ACT relating to the charter of the City of Las Vegas; providing that the office of an additional councilman created as the result of an increase in the number of wards must be filled initially by election; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.130 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 187, Statutes of Nevada 1999, at page 914, is hereby amended to read as follows:
Sec. 1.130 Wards: Creation; boundaries.
1. The city must be divided into six wards upon the approval of the voters. Thereafter, the wards may be increased:
(a) By the city council if it determines that an increase is necessary; or
(b) Upon approval of a question proposing an increase to a specific number of wards by a majority of the voters voting on the question. Such a question must be submitted to the voters on the ballot at a general election [or general city election] if the city council votes for the submission of the question on its own motion or if a petition signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding general election is submitted to the city council requesting an increase to a specific number of wards.
The wards must be as nearly equal in population as can conveniently be provided, and the territory which comprises each ward must be contiguous.
2. The boundaries of the wards must be established and changed by ordinance. The boundaries of the wards must be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent. The boundaries of the wards may be changed to include territory which has been annexed and whenever the population in any ward exceeds the population in any other ward by more than 5 percent by any measure which is found reliable by the city council.
3. The office of an additional councilman created as a result of an increase in the number of wards pursuant to subsection 1 must be filled initially at the general city election immediately following:
(a) The date on which the city council determined that an increase in the number of wards was necessary pursuant to paragraph (a) of subsection 1; or
κ2001 Statutes of Nevada, Page 596 (CHAPTER 102, AB 59)κ
(b) The general election at which the question proposing the increase in wards is approved by the voters pursuant to paragraph (b) of subsection 1.
Such an office must not be filled initially by appointment.
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Assembly Bill No. 61Assemblyman Beers
CHAPTER 103
AN ACT relating to property; prohibiting a governing body from taking certain actions that preclude amateur service communications; providing certain requirements relating to the regulation of the placement, screening or height of a station antenna structure; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A governing body shall not adopt an ordinance, regulation or plan or take any other action that precludes amateur service communications or that in any other manner does not conform to the provisions of 47 C.F.R. § 97.15 and the limited preemption entitled Amateur Radio Preemption, 101 F.C.C. 2d 952 (1985) as issued by the Federal Communications Commission.
2. If a governing body adopts an ordinance, regulation or plan or takes any other action that regulates the placement, screening or height of a station antenna structure based on health, safety or aesthetic considerations, the ordinance, regulation, plan or action must:
(a) Reasonably accommodate amateur service communications; and
(b) Constitute the minimum level of regulation practicable to carry out the legitimate purpose of the governing body.
3. The provisions of this section do not apply to any district organized pursuant to federal, state or local law for the purpose of historic or architectural preservation.
4. Any ordinance, regulation or plan adopted by or other action taken by a governing body in violation of the provisions of this section is void.
5. As used in this section:
(a) Amateur radio services has the meaning ascribed to it in 47 C.F.R. § 97.3.
(b) Amateur service communications means communications carried out by one or more of the amateur radio services.
(c) Amateur station has the meaning ascribed to it in 47 C.F.R. § 97.3.
(d) Station antenna structure means the antenna that serves an amateur station, including such appurtenances and other structures as may be necessary to support, stabilize, raise, lower or otherwise adjust the antenna.
κ2001 Statutes of Nevada, Page 597 (CHAPTER 103, AB 61)κ
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. A governing body shall review any ordinance, regulation or plan that it has adopted or action it has taken before October 1, 2001, relating to amateur service communications to determine whether such an ordinance, regulation, plan or action conforms to the provisions of 47 C.F.R. § 97.15 and the limited preemption entitled Amateur Radio Preemption, 101 F.C.C. 2d 952 (1985) as issued by the Federal Communications Commission.
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Assembly Bill No. 96Committee on Government Affairs
CHAPTER 104
AN ACT relating to the financial administration of local governments; authorizing additional types of investments by certain local governments; revising the authority of county treasurers to deposit county money in time accounts; revising the requirements for annual accountings by tax receivers to county auditors; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 355 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, a board of county commissioners, a board of trustees of a county school district or the governing body of an incorporated city may purchase for investment:
(a) Notes, bonds and other unconditional obligations for the payment of money issued by corporations organized and operating in the United States that:
(1) Are purchased from a registered broker-dealer;
(2) At the time of purchase have a remaining term to maturity of no more than 5 years; and
(3) Are rated by a nationally recognized rating service as A or its equivalent, or better.
(b) Collateralized mortgage obligations that are rated by a nationally recognized rating service as AAA or its equivalent.
(c) Asset-backed securities that are rated by a nationally recognized rating service as AAA or its equivalent.
2. With respect to investments purchased pursuant to paragraph (a) of subsection 1:
(a) Such investments must not, in aggregate value, exceed 20 percent of the total portfolio as determined on the date of purchase;
(b) Not more than 25 percent of such investments may be in notes, bonds and other unconditional obligations issued by any one corporation; and
κ2001 Statutes of Nevada, Page 598 (CHAPTER 104, AB 96)κ
(c) If the rating of an obligation is reduced to a level that does not meet the requirements of that paragraph, the obligation must be sold as soon as possible.
3. Subsections 1 and 2 do not:
(a) Apply to a:
(1) Board of county commissioners of a county whose population is less than 100,000;
(2) Board of trustees of a county school district in a county whose population is less than 100,000; or
(3) Governing body of an incorporated city whose population is less than 100,000,
unless the purchase is effected by the state treasurer pursuant to his investment of a pool of money from local governments or by an investment advisor who is registered with the Securities and Exchange Commission and approved by the state board of finance.
(b) Authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
Sec. 2. NRS 355.170 is hereby amended to read as follows:
355.170 1. Except as otherwise provided in this section , [and in] NRS 354.750 [,] and section 1 of this act, a board of county commissioners, a board of trustees of a county school district or the governing body of an incorporated city may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years after the date of purchase.
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.
(c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years after the date of purchase.
(d) Obligations of an agency or instrumentality of the United States of America or a corporation sponsored by the government, the maturity date of which is not more than 10 years after the date of purchase.
(e) Negotiable certificates of deposit issued by commercial banks, insured credit unions or savings and loan associations.
(f) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.
(g) Nonnegotiable certificates of deposit issued by insured commercial banks, insured credit unions or insured savings and loan associations, except certificates that are not within the limits of insurance provided by an instrumentality of the United States, unless those certificates are collateralized in the same manner as is required for uninsured deposits by a county treasurer pursuant to NRS 356.133. For the purposes of this paragraph, any reference in NRS 356.133 to a county treasurer or board of county commissioners shall be deemed to refer to the appropriate financial officer or governing body of the county, school district or city purchasing the certificates.
κ2001 Statutes of Nevada, Page 599 (CHAPTER 104, AB 96)κ
board of county commissioners shall be deemed to refer to the appropriate financial officer or governing body of the county, school district or city purchasing the certificates.
(h) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to NRS 350.091.
[(h)] (i) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers acceptances may not exceed 180 days maturity. Purchases of bankers acceptances may not exceed 20 percent of the money available to a local government for investment as determined on the date of purchase.
[(i)] (j) Obligations of state and local governments if:
(1) The interest on the obligation is exempt from gross income for federal income tax purposes; and
(2) The obligation has been rated A or higher by one or more nationally recognized bond credit rating agencies.
[(j)] (k) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) Is purchased from a registered broker-dealer;
(2) At the time of purchase has a remaining term to maturity of no more than 270 days; and
(3) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total portfolio as determined on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.
[(k)] (l) Money market mutual funds which:
(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] :
(I) Securities issued by the Federal Government or agencies of the Federal Government [or in repurchase agreements fully collateralized by such securities.] ;
(II) Master notes, bank notes or other short-term commercial paper rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better, issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States; or
(III) Repurchase agreements that are fully collateralized by the obligations described in sub-subparagraphs (I) and (II).
2. Repurchase agreements are proper and lawful investments of money of a board of county commissioners, a board of trustees of a county school district or a governing body of an incorporated city for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The board of county commissioners, the board of trustees of the school district or the governing body of the city shall designate in advance and thereafter maintain a list of qualified counterparties which:
κ2001 Statutes of Nevada, Page 600 (CHAPTER 104, AB 96)κ
(1) Regularly provide audited and, if available, unaudited financial statements;
(2) The board of county commissioners, the board of trustees of the school district or the governing body of the city has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and
(3) Have executed a written master repurchase agreement in a form satisfactory to the board of county commissioners, the board of trustees of the school district or the governing body of the city pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the board of county commissioners, the board of trustees of the school district or the governing body of the city and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
(2) The board of county commissioners, the board of trustees of the school district or the governing body of the city must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the board of county commissioners, the board of trustees of the school district or the governing body of the city when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the board of county commissioners, the board of trustees of the school district or the governing body of the city concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
3. The securities described in paragraphs (a), (b) and (c) of subsection 1 and the repurchase agreements described in subsection 2 may be purchased when, in the opinion of the board of county commissioners, the board of trustees of a county school district or the governing body of the city, there is sufficient money in any fund of the county, the school district or city to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.
4. When the board of county commissioners, the board of trustees of a county school district or governing body of the city has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1 or 2, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
κ2001 Statutes of Nevada, Page 601 (CHAPTER 104, AB 96)κ
is available money in any fund or funds for the purchase of bonds as set out in subsection 1 or 2, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
5. Any interest earned on money invested pursuant to subsection 3, may, at the discretion of the board of county commissioners, the board of trustees of a county school district or governing body of the city, be credited to the fund from which the principal was taken or to the general fund of the county, school district or incorporated city.
6. The board of county commissioners, the board of trustees of a county school district or governing body of an incorporated city may invest any money apportioned into funds and not invested pursuant to subsection 3 and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year after the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the county, school district or incorporated city.
7. This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
8. As used in this section:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
(b) Repurchase agreement means a purchase of securities by a board of county commissioners, the board of trustees of a county school district or the governing body of an incorporated city from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
Sec. 3. NRS 356.120 is hereby amended to read as follows:
356.120 [With unanimous consent of his bondsmen, a] A county treasurer may:
1. When one or more insured banks, insured credit unions or insured savings and loan associations are located in the county, deposit county money in such insured banks, credit unions or savings and loan associations in demand [or time] accounts.
2. When no such banks, credit unions or savings and loan associations exist in the county, deposit county money in any insured bank, insured credit union or insured savings and loan association in the State of Nevada in demand [or time] accounts.
Sec. 4. NRS 356.125 is hereby amended to read as follows:
356.125 1. [All money placed] A county treasurer may deposit county money in insured depository banks, insured credit unions or insured savings and loan associations in time accounts [may be deposited] only with the written consent of the board of county commissioners.
κ2001 Statutes of Nevada, Page 602 (CHAPTER 104, AB 96)κ
2. The time accounts so established are subject to the applicable contract between the depository and the county.
3. The provisions of this section do not require any depository to accept county deposits.
Sec. 5. NRS 356.140 is hereby amended to read as follows:
356.140 1. Demand [or] accounts and time accounts respectively authorized by NRS 356.120 and 356.125 must be kept in the name of the county in such manner as the board of county commissioners may prescribe.
2. The balance in each such account, as certified to by the proper officer of the bank, credit union or savings and loan association in which the money is deposited, and by oath of the county treasurer, may be accounted for by the county as cash.
Sec. 6. NRS 361.580 is hereby amended to read as follows:
361.580 1. [On the third Monday in June] No later than July 31 of each year following the redemption period as set forth in NRS 361.570, the ex officio tax receiver shall attend at the office of the county auditor with the assessment roll and shall render for the period ending on June 30 of that year an account under oath to the county auditor as to the amount of the taxes paid on the roll, the amount of taxes stricken by the board of county commissioners and the amount of taxes delinquent on the roll.
2. The county auditor shall audit the account and make a final settlement with the ex officio tax receiver of all taxes charged against him on account of the assessment roll.
Sec. 7. This act becomes effective on July 1, 2001.
________
Assembly Bill No. 99Committee on Government Affairs
CHAPTER 105
AN ACT relating to local governments; revising the dates on which certain special elections may be held; clarifying the period in which a copy, explanation of and arguments for and against certain ballot questions must be submitted to the county or city clerk before an election; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.5982 is hereby amended to read as follows:
354.5982 1. The local government may exceed the limit imposed by NRS 354.59811 upon the calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional property tax, and the proposal is approved by a majority of the voters voting on the question at a general election, a general city election or a special election called for that purpose. The question submitted to the voters must contain the rate of the proposed additional property tax stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the governing body of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question.
κ2001 Statutes of Nevada, Page 603 (CHAPTER 105, AB 99)κ
pay per year as a result of the passage of the question. The duration of the levy must not exceed 30 years. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.
2. A special election may be held:
(a) At any time, including, without limitation, on the date of a primary city election or a primary state election, if the governing body of the local government determines, by a unanimous vote, that an emergency exists; or
(b) On the [date of a general city election.] first Tuesday after the first Monday in June of an odd-numbered year.
3. The determination made by the governing body pursuant to subsection 2 that an emergency exists is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing bodys determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the local government to prevent or mitigate a substantial financial loss to the local government or to enable the governing body to provide an essential service to the residents of the local government.
[3.] 4. To the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 for a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.
Sec. 2. NRS 293.481 is hereby amended to read as follows:
293.481 1. Except as otherwise provided in subsection 2 or NRS 295.121 or 295.217, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:
(a) At a general election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the third Monday in July preceding the election.
(b) At a primary election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the third Monday in May preceding the election.
(c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk at least 60 days before the election.
(d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide a copy of the question, including an explanation of and arguments for and against the question, to the city clerk at least 60 days before the election.
κ2001 Statutes of Nevada, Page 604 (CHAPTER 105, AB 99)κ
2. [The requirements of subsection 1 do not apply to any] A question may be submitted after the dates specified in subsection 1 if the question is expressly privileged or required to be submitted pursuant to the provisions of article 19 of the constitution of the State of Nevada , or pursuant to the provisions of chapter 295 of NRS or any other statute [to be submitted if proposed after the dates specified.] except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizes the governing body to issue bonds upon the approval of the voters.
3. A county or city clerk may charge any political subdivision, public or quasi-public corporation or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation and arguments on the ballot.
Sec. 3. NRS 387.3285 is hereby amended to read as follows:
387.3285 1. Upon the approval of a majority of the registered voters of a county voting upon the question at a general or special election, the board of county commissioners in each county with a school district whose enrollment is fewer than 25,000 pupils may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than 75 cents on each $100 of assessed valuation of taxable property within the county. The question submitted to the registered voters must contain the rate of the proposed additional property tax, stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the board of trustees of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question. The duration may not exceed 20 years.
2. Upon the approval of a majority of the registered voters of a county voting upon the question at a general or special election, the board of county commissioners in each county with a school district whose enrollment is 25,000 pupils or more may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than 50 cents on each $100 of assessed valuation of taxable property within the county. The question submitted to the registered voters must contain the rate of the proposed additional property tax, stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the board of trustees of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question. The duration may not exceed 20 years.
3. Any money collected pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects to be held and, except as otherwise provided in NRS 387.3287, to be expended in the same manner as other money deposited in that fund.
4. A special election may be held:
(a) At any time, including, without limitation, on the date of a primary city election or a primary state election if the board of trustees of the school district determines, by a unanimous vote, that an emergency exists; or
(b) On the [date of a general city election.] first Tuesday after the first Monday in June of an odd-numbered year.
κ2001 Statutes of Nevada, Page 605 (CHAPTER 105, AB 99)κ
5. The determination made by the board of trustees pursuant to subsection 4 that an emergency exists is conclusive unless it is shown that the board of trustees acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board of trustees must be commenced within 15 days after the determination made by board of trustees is final. As used in this subsection, emergency means an unexpected occurrence or combination of occurrences that requires immediate action by the board of trustees of the school district to prevent or mitigate a substantial financial loss to the school district or to enable the board of trustees to provide an essential service.
Sec. 4. This act becomes effective on July 1, 2001.
________
Assembly Bill No. 101Committee on Government Affairs
CHAPTER 106
AN ACT relating to cities; requiring the inclusion of certain portions of county roads, state highways and railroads in territory annexed by cities in larger counties; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
If a city annexes territory which is not included within its existing boundaries, the territory annexed includes the following:
1. If the annexed territory abuts upon one side of a county road, state highway or railroad and the territory which abuts upon the opposite side of the road, highway or railroad is not within the boundaries of the annexing city, the annexed territory extends to the middle of the road, highway or railroad. The governing body of a city may annex the remaining portion of the road, highway or railroad, and that portion of any county road which is then included in the annexed territory becomes a city street.
2. If the annexed territory abuts upon a county road, state highway or railroad on both sides of the road, highway or railroad, or if the annexed territory abuts upon one side of a county road, state highway or railroad and the territory which abuts upon the opposite side of the road, highway or railroad is within the existing boundaries of the annexing city, the annexed territory includes the portion of road, highway or railroad so abutted on both sides, and that portion of any county road which is then included in the annexed territory becomes a city street.
Sec. 2. NRS 268.570 is hereby amended to read as follows:
268.570 The provisions of NRS 268.570 to 268.608, inclusive, and section 1 of this act, apply only to cities located in a county whose population is 400,000 or more.
Sec. 3. NRS 268.597 is hereby amended to read as follows:
268.597 As an alternative to the procedures for annexation set forth in NRS 268.578 to 268.596, inclusive, the governing body of a city may , subject to the provisions of section 1 of this act, annex territory which meets the requirements of subsection 2 of NRS 268.580 if all of the owners of record of individual lots or parcels of land within the area sign a petition requesting the governing body to annex the area to the city.
κ2001 Statutes of Nevada, Page 606 (CHAPTER 106, AB 101)κ
subject to the provisions of section 1 of this act, annex territory which meets the requirements of subsection 2 of NRS 268.580 if all of the owners of record of individual lots or parcels of land within the area sign a petition requesting the governing body to annex the area to the city. If the petition is accepted by the governing body, the governing body may proceed to adopt an ordinance annexing the area and to take such other action as is appropriate to accomplish the annexation.
________
Assembly Bill No. 130Assemblymen Cegavske, Anderson, Berman, Brown, Claborn, Goldwater, Hettrick, Humke, Smith and Von Tobel
Joint Sponsor: Senator Shaffer
CHAPTER 107
AN ACT relating to educational personnel; requiring the boards of trustees of school districts to offer certain contracts of employment to probationary administrators and principals who are not reemployed in those capacities as postprobationary employees; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.3197 is hereby amended to read as follows:
391.3197 1. A probationary employee is employed on a contract basis for two 1-year periods and has no right to employment after either of the two probationary contract years.
2. The board shall notify each probationary employee in writing on or before May 1 of the first and second school years of his probationary period, as appropriate, whether he is to be reemployed for the second year of the probationary period or for the next school year as a postprobationary employee. The employee must advise the board in writing on or before May 10 of the first or second year of his probationary period, as appropriate, of his acceptance of reemployment. If a probationary employee is assigned to a school that operates all year, the board shall notify him in writing, in both the first and second years of his probationary period, no later than 45 days before his last day of work for the year under his contract whether he is to be reemployed for the second year of the probationary period or for the next school year as a postprobationary employee. He must advise the board in writing within 10 days after the date of notification of his acceptance or rejection of reemployment for another year. Failure to advise the board of his acceptance of reemployment constitutes rejection of the contract.
3. A probationary employee who completes his 2-year probationary period and receives a notice of reemployment from the school district in the second year of his probationary period is entitled to be a postprobationary employee in the ensuing year of employment.
4. A probationary employee who receives an unsatisfactory evaluation may request a supplemental evaluation by another administrator in the school district selected by him and the superintendent.
κ2001 Statutes of Nevada, Page 607 (CHAPTER 107, AB 130)κ
district selected by him and the superintendent. If a school district has five or fewer administrators, the supplemental evaluator may be an administrator from another school district in the state. If a probationary employee has received during the first school year of his probationary period three evaluations which state that the employees overall performance has been satisfactory, the superintendent of schools of the school district or his designee shall waive the second year of the employees probationary period by expressly providing in writing on the final evaluation of the employee for the first probationary year that the second year of his probationary period is waived. Such an employee is entitled to be a postprobationary employee in the ensuing year of employment.
5. If a probationary employee is notified that he will not be reemployed for the second year of his probationary period or the ensuing school year, his employment ends on the last day of the current school year. The notice that he will not be reemployed must include a statement of the reasons for that decision.
6. A new employee or a postprobationary teacher who is employed as an administrator shall be deemed to be a probationary employee for the purposes of this section and must serve a 2-year probationary period as an administrator in accordance with the provisions of this section. If the administrator does not receive an unsatisfactory evaluation during the first year of probation, the superintendent or his designee shall waive the second year of the administrators probationary period. Such an administrator is entitled to be a postprobationary employee in the ensuing year of employment. If [a] :
(a) A postprobationary teacher who is an administrator is not reemployed [in that capacity] as an administrator after either year of his probationary period [, he may accept] ; and
(b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,
the board of trustees of the school district shall, on or before May 1, offer the person a contract as a teacher for the ensuing school year . The person may accept the contract in writing on or before May 10. If [he] the person fails to accept the contract as a teacher, [he] the person shall be deemed to have rejected the offer of a contract as a teacher.
7. An administrator who has completed his probationary period pursuant to subsection 6 and is thereafter promoted to the position of principal must serve an additional probationary period of 1 year in the position of principal. If the administrator serving the additional probationary period is not reemployed [in that capacity] as a principal after the expiration of the additional probationary period, [he may accept] the board of trustees of the school district in which the person is employed shall, on or before May 1, offer the person a contract for the ensuing school year [, in writing, on or before May 10,] for the administrative position in which [he] the person attained postprobationary status. [If he] The person may accept the contract in writing on or before May 10. If the person fails to accept such a contract, [he] the person shall be deemed to have rejected the offer of employment.
8. Before dismissal, the probationary employee is entitled to a hearing before a hearing officer which affords due process as set out in NRS 391.311 to 391.3196, inclusive.
Sec. 2. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 608κ
Assembly Bill No. 160Committee on Commerce and Labor
CHAPTER 108
AN ACT relating to insurance; providing that certain owners of corporations and companies may elect to reject coverage for themselves for industrial insurance and occupational diseases under certain circumstances; clarifying that a sole proprietor is not required to obtain industrial insurance or coverage for occupational diseases before performing work under a contract with the state or a political subdivision of the state or a metropolitan police department under certain circumstances; clarifying that the state or a political subdivision of the state or a metropolitan police department is not an employer of and is not liable to a sole proprietor or his employees under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616A.230 is hereby amended to read as follows:
616A.230 Employer means:
1. [The] Except as otherwise provided in subsection 4 of NRS 616B.627, the state, and each county, city, school district, and all public and quasi-public corporations therein without regard to the number of persons employed.
2. Every person, firm, voluntary association [,] and private corporation, including any public service corporation, which has in service any person under a contract of hire.
3. The legal representative of any deceased employer.
4. The Nevada rural housing authority.
5. An owner or principal contractor who establishes and administers a consolidated insurance program pursuant to NRS 616B.710, with respect to the employees covered under that consolidated insurance program.
Sec. 2. NRS 616B.618 is hereby amended to read as follows:
616B.618 [Where] Except as otherwise provided in subsection 4 of NRS 616B.627, when the state or a county, city, school district, metropolitan police department, or other political subdivision, or a contractor under such a governmental entity is the employer, the provisions of chapters 616A to 616D, inclusive, of NRS for the payment of compensation and the amount thereof for any injury sustained by an employee are conclusive, compulsory and obligatory upon both employer and employee without regard to the number of persons in the service of any such employer.
Sec. 3. NRS 616B.624 is hereby amended to read as follows:
616B.624 1. If a quasi-public or private corporation or a limited-liability company is required to be insured pursuant to chapters 616A to 616D, inclusive, of NRS, an officer of the corporation or a manager of the company who:
(a) Receives pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $6,000 per year the policy of industrial insurance for the employer is effective and a maximum pay of $36,000 per year the policy of industrial insurance is effective.
κ2001 Statutes of Nevada, Page 609 (CHAPTER 108, AB 160)κ
(b) Does not receive pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $500 per month or $6,000 per year the policy of industrial insurance is effective.
2. An officer or manager who does not receive pay for services performed as an officer, manager or employee of the corporation or company may elect to reject coverage for himself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.
3. An officer or manager of such a corporation or company who:
(a) Owns the corporation or company;
(b) Operates the corporation or company exclusively from his primary residence; and
(c) Receives pay for the services performed,
may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.
4. An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer. [If] Except as otherwise provided in subsection 3, if an officer or manager who has rejected coverage receives pay for services performed as an officer, manager or employee of the corporation or company, the officer or manager shall be deemed to have rescinded that rejection.
[4.] 5. A nonprofit corporation whose officers do not receive pay for services performed as officers or employees of the corporation may elect to reject coverage for its current officers and all future officers who do not receive such pay by filing written notice thereof with the corporation and the insurer. The rejection is effective upon receipt of the notice by the insurer.
[5.] 6. A nonprofit corporation which has rejected coverage for its officers who do not receive pay for services performed as officers or employees of the corporation may rescind that rejection by filing written notice thereof with the corporation and the insurer. The rescission is effective upon receipt of the notice by the insurer. If an officer of a nonprofit corporation which has rejected coverage receives pay for services performed as an officer or employee of the corporation, the corporation shall be deemed to have rescinded that rejection.
Sec. 4. NRS 616B.627 is hereby amended to read as follows:
616B.627 [Before]
1. Except as otherwise provided in this section, before any person, firm or corporation commences work under any contract with the state or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of chapters 616A to 616D, inclusive, of NRS. A state agency, political subdivision or metropolitan police department [shall not] may furnish coverage for industrial insurance for a contractor [except as otherwise agreed] as specified in the contract.
2. In lieu of furnishing a certificate of an insurer pursuant to the provisions of subsection 1, a sole proprietor who does not use the services of his employees, if any, in the performance of a contract with the state or any political subdivision thereof, or a metropolitan police department, may submit to a state agency, political subdivision or metropolitan police department specified in subsection 1 an affidavit indicating that the sole proprietor:
κ2001 Statutes of Nevada, Page 610 (CHAPTER 108, AB 160)κ
any political subdivision thereof, or a metropolitan police department, may submit to a state agency, political subdivision or metropolitan police department specified in subsection 1 an affidavit indicating that the sole proprietor:
(a) In accordance with the provisions of NRS 616B.659, has not elected to be included within the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS; and
(b) Is otherwise in compliance with those terms, conditions and provisions.
3. If a sole proprietor submits an affidavit specified in subsection 2 to a state agency, political subdivision or metropolitan police department specified in subsection 1, the state agency, political subdivision or metropolitan police department shall not require the sole proprietor to obtain industrial insurance for himself during any period in which he performs work under the contract for which he submitted the affidavit.
4. A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor in accordance with this section:
(a) Must not, for any purpose, be considered to be the employer of the sole proprietor or his employees, if any; and
(b) Is not liable as a principal contractor to the sole proprietor or his employees, if any, for any compensation or other damages as a result of an industrial injury or occupational disease incurred in the performance of the contract.
Sec. 5. NRS 617.110 is hereby amended to read as follows:
617.110 Employer means:
1. [The] Except as otherwise provided in subsection 4 of NRS 617.210, the state and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons employed.
2. Every person, firm, voluntary association [,] and private corporation, including any public service corporation, which has in service any employee under a contract of hire.
3. The legal representative of any deceased employer.
4. The Nevada rural housing authority.
Sec. 6. NRS 617.207 is hereby amended to read as follows:
617.207 1. If a quasi-public or private corporation or limited-liability company is required to be insured pursuant to this chapter, an officer of the corporation or a manager of the company who:
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per year the policy of industrial insurance for the employer is effective and a maximum pay of $36,000 per year the policy of industrial insurance if effective.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per year the policy of industrial insurance is effective.
2. An officer or manager who does not receive pay for services performed may elect to reject coverage for himself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.
3. An officer or manager of such a corporation or company who:
(a) Owns the corporation or company;
κ2001 Statutes of Nevada, Page 611 (CHAPTER 108, AB 160)κ
(b) Operates the corporation or company exclusively from his primary residence; and
(c) Receives pay for the services performed,
may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.
4. An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer.
Sec. 7. NRS 617.210 is hereby amended to read as follows:
617.210 [Before]
1. Except as otherwise provided in this section, before any person, firm or corporation commences work under any contract with the state or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of this chapter. A state agency, political subdivision [shall not] or metropolitan police department may furnish coverage under this chapter for a contractor [except as otherwise agreed] as specified in the contract.
2. In lieu of furnishing a certificate of an insurer pursuant to the provisions of subsection 1, a sole proprietor who does not use the services of his employees, if any, in the performance of a contract with the state or any political subdivision thereof, or a metropolitan police department, may submit to a state agency, political subdivision or metropolitan police department an affidavit indicating that the sole proprietor:
(a) In accordance with the provisions of NRS 617.225, has not elected to be included within the terms, conditions and provisions of this chapter; and
(b) Is otherwise in compliance with those terms, conditions and provisions.
3. If a sole proprietor submits an affidavit specified in subsection 2 to a state agency, political subdivision or metropolitan police department specified in subsection 1, the state agency, political subdivision or metropolitan police department shall not require the sole proprietor to obtain coverage for himself under this chapter during any period in which he performs work under the contract for which he submitted the affidavit.
4. A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor pursuant to subsection 1:
(a) Shall be deemed not to be the employer of the sole proprietor or his employees, if any; and
(b) Is not liable as a principal contractor to the sole proprietor or his employees, if any, for any compensation or other damages as a result of an industrial injury or occupational disease incurred in the performance of the contract.
Sec. 8. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 612κ
Senate Bill No. 20Senator Washington
CHAPTER 109
AN ACT relating to firearms; allowing a person who is not a resident of this state to obtain a permit to carry a concealed firearm in this state; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.3657 is hereby amended to read as follows:
202.3657 1. Any person who is a resident of this state may apply to the sheriff of the county in which he resides for a permit on a form prescribed by regulation of the department. Any person who is not a resident of this state may apply to the sheriff of any county in this state for a permit on a form prescribed by regulation of the department. Application forms for permits must be furnished by the sheriff of each county upon request.
2. Except as otherwise provided in this section, the sheriff shall issue a permit for no more than two specific firearms to any person who is qualified to possess a firearm under state and federal law, who submits an application in accordance with the provisions of this section and who:
(a) [Is a resident of this state;
(b)] Is 21 years of age or older;
[(c)] (b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
[(d)] (c) Demonstrates competence with a firearm by presenting a certificate or other documentation to the sheriff which shows that he:
(1) Successfully completed a course in firearm safety approved by a sheriff in this state; or
(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
Such a course must include instruction in the use of each firearm to which the application pertains and in the laws of this state relating to the [proper] use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless he determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association, or if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.
3. The sheriff shall deny an application or revoke a permit if he determines that the applicant or permittee:
(a) Has an outstanding warrant for his arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, he has been:
κ2001 Statutes of Nevada, Page 613 (CHAPTER 109, SB 20)κ
controlled substance if, during the immediately preceding 5 years, he has been:
(1) Convicted of violating the provisions of NRS 484.379; or
(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.
(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this state or under the laws of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
(h) Is currently on parole or probation from a conviction obtained in this state or in any other state or territory or possession of the United States.
(i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this state or of any other state or territory or possession of the United States, as a condition to the courts:
(1) Withholding of the entry of judgment for his conviction of a felony; or
(2) Suspension of his sentence for the conviction of a felony.
(j) Has made a false statement on any application for a permit or for the renewal of a permit.
4. The sheriff may deny an application or revoke a permit if he receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
5. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the persons permit or the processing of his application until the final disposition of the charges against him. If a permittee is acquitted of the charges against him, or if the charges are dropped, the sheriff shall restore his permit without imposing a fee.
6. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicants signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;
(b) A complete set of the applicants fingerprints taken by the sheriff or his agent;
(c) A front-view colored photograph of the applicant taken by the sheriff or his agent;
κ2001 Statutes of Nevada, Page 614 (CHAPTER 109, SB 20)κ
(d) [The] If the applicant is a resident of this state, the applicants drivers license number or identification card number issued by the department;
(e) If the applicant is not a resident of this state, the applicants drivers license number or identification card number issued by another state or jurisdiction;
(f) The make, model and caliber of each firearm to which the application pertains;
[(f)] (g) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and
[(g)] (h) A nonrefundable fee set by the sheriff not to exceed $60.
Sec. 2. NRS 202.366 is hereby amended to read as follows:
202.366 1. Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if he is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicants fingerprints to the central repository for Nevada records of criminal history and the Federal Bureau of Investigation for a report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless he is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.
2. To assist the sheriff in conducting his investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.
3. Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the department. The permit must be in substantially the following form:
NEVADA CONCEALED FIREARM PERMIT
County............................................. Permit Number....................................
Expires............................................. Date of Birth.......................................
Height.............................................. Weight..................................................
Name............................................... Address.................................................
City................................................... Zip.........................................................
Photograph
Signature.........................................
Issued by.........................................
Date of Issue..................................
Make, model and caliber of firearm authorized......................................................
κ2001 Statutes of Nevada, Page 615 (CHAPTER 109, SB 20)κ
4. Unless suspended or revoked by the sheriff who issued the permit, a permit expires :
(a) If the permittee was a resident of this state at the time the permit was issued, on the fifth anniversary of the permittees birthday, measured from the birthday nearest the date of issuance or renewal.
(b) If the permittee was not a resident of this state at the time the permit was issued, on the third anniversary of the permittees birthday, measured from the birthday nearest the date of issuance or renewal.
5. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be deemed to be on February 28.
Sec. 3. NRS 202.3663 is hereby amended to read as follows:
202.3663 If an application for a permit is denied by a sheriff, the applicant who submitted the application may seek a judicial review of the denial by filing a petition in the district court for the county in which the applicant [resides.] filed his application for a permit. A judicial review conducted pursuant to this section must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.
________
Senate Bill No. 75Senator Amodei
CHAPTER 110
AN ACT relating to state printing; clarifying the employment classification of the employees of the state printing division; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 344.080 is hereby amended to read as follows:
344.080 1. The superintendent shall employ such compositors, [machine] assistant compositors, bindery operators, assistant bindery operators, pressmen and [assistants] assistant pressmen as the exigency of the work from time to time requires, and he may at any time discharge those employees. He shall not, at any time, employ more compositors, [machine] assistant compositors, bindery operators, assistant bindery operators, pressmen and [assistants] assistant pressmen than the necessities of the division may require.
2. The compensation of the compositors, [machine] assistant compositors, bindery operators, assistant bindery operators, pressmen and [assistants] assistant pressmen must be fixed by the department of personnel, but [no such] these employees are not entitled to receive a higher rate of wages than is recognized by the employing printers of the State of Nevada or than the nature of the employment may require.
κ2001 Statutes of Nevada, Page 616 (CHAPTER 110, SB 75)κ
3. All [clerical employees and such other persons as are employed for work not directly related to the printing crafts] employees of the division other than compositors, assistant compositors, bindery operators, assistant bindery operators, pressmen and assistant pressmen must be in the classified service of the state.
Sec. 2. 1. An employee of the state printing division of the department of administration who believes that his position as a nonclassified employee is not in compliance with NRS 344.080, as clarified by this act, may file a written request with the department of personnel for a review of the classification of his position on or before January 1, 2003.
2. Upon receipt of a request made pursuant to subsection 1, the director of the department of personnel shall take such actions as the director deems necessary to make a determination of whether the classification of the employee is appropriate pursuant to NRS 344.080, as amended by this act, including, without limitation:
(a) Requesting from the employee a description of the duties of his position, including a description of all duties performed for the immediately preceding 4 years, or portion thereof during which the employee served in the position;
(b) Soliciting comments on the employees description from the chief of the state printing division of the department of administration; and
(c) Interviewing such current employees of printing division as practicable who have served as the immediate supervisor of the employee whose position classification is being reviewed.
3. The director of the department of personnel shall make the determination required by subsection 2 not later than 30 days after receipt of the employees description of the duties of his position.
4. If the director of the department of personnel determines that the present classification of the position of the employee is appropriate, the employee may appeal the decision to the personnel commission. If the director or the personnel commission determines that the position of the employee should be in the classified service of the state, the director shall immediately transfer the position to the classified service of the state and determine the appropriate grade and step for the position pursuant to the salary schedule for classified employees created pursuant to NRS 284.175, giving the employee appropriate credit for the years served in the position while it was nonclassified.
5. Notwithstanding the provisions of chapter 284 of NRS, and the regulations adopted pursuant thereto, an employee whose position is transferred to the classified service of the state pursuant to subsection 4:
(a) Must immediately be appointed to the position, with no break in service, and without participation in any testing, interviews or other portion of the open and competitive process of the classified service;
(b) Is not subject to any probationary period; and
(c) Shall be deemed for all purposes to have been in the classified service of the state for all of the time he previously served in the nonclassified position before it was transferred to the classified service.
6. The chief of the state printing division of the department of administration or an employee who is appointed to a position pursuant to subsection 5 may, within 20 days after the date on which the employee is appointed, file with the director of the department of personnel a written appeal of the grade or class to which the position was allocated. For the purposes of such an appeal and any subsequent appeals to the personnel commission, the provisions of the regulations adopted by the department of personnel pursuant to chapter 284 of NRS are applicable in the same manner as if the allocation of the position to a grade or class had been made pursuant to chapter 284 of NRS and the regulations adopted pursuant thereto, instead of pursuant to this act.
κ2001 Statutes of Nevada, Page 617 (CHAPTER 110, SB 75)κ
purposes of such an appeal and any subsequent appeals to the personnel commission, the provisions of the regulations adopted by the department of personnel pursuant to chapter 284 of NRS are applicable in the same manner as if the allocation of the position to a grade or class had been made pursuant to chapter 284 of NRS and the regulations adopted pursuant thereto, instead of pursuant to this act.
7. If the grade and step established for the newly classified position requires the payment of a salary that is greater than the salary budgeted for the nonclassified position, the state printing division of the department of administration shall pay the additional amount beginning on the date on which the position is transferred. If money to pay the additional amount of salary is not available within the budgeted amount for the position, the division shall pay the additional amount from the reserve budgeted for the division and for that purpose, any work program change that would otherwise be required pursuant to NRS 353.220, is hereby deemed to be approved.
8. Notwithstanding the provisions of NRS 344.080, as amended by this act, and chapter 284 of NRS, and the regulations adopted pursuant thereto, the chief of the state printing division of the department of administration or any employee of the division shall not terminate the employment of a person who files a request for the review of his position pursuant to this section during the period beginning on the date on which the request for review is filed through the date on which the position is transferred to the classified service or the date on which the director of the department of personnel determines that the classification of the position is appropriate. If the employee appeals the decision of the director to the personnel commission within 60 days after the employee receives the decision, the period described by this subsection must be extended to the date on which the position is transferred or the date on which the personnel commission determines that the classification of the position is appropriate.
9. After the period described in subsection 8, the chief or an employee of the division shall not make any reprisal or take any retaliatory action against an employee which is in any way related to the employees request for the review of his position pursuant to this section. If any reprisal or retaliatory action is taken against the employee who filed a request for the review of his position pursuant to subsection 1, the employee may file a written appeal with a hearing officer of the department of personnel for a determination of whether the action taken was a reprisal or retaliatory action. The written appeal must be accompanied by a statement that sets forth with particularity the reprisal or retaliatory action that is alleged to have been taken against the employee. The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive, and the procedures adopted by the personnel commission pursuant to subsection 4 of NRS 281.641. If the hearing officer determines that the action taken was a reprisal or retaliatory action, he may issue an order directing the proper person to desist and refrain from engaging in such action. The hearing officer shall file a copy of his decision with the governor or any other elected state officer who is responsible for the actions of that person.
κ2001 Statutes of Nevada, Page 618 (CHAPTER 110, SB 75)κ
10. For the purposes of subsection 9, reprisal or retaliatory action includes:
(a) The denial of adequate personnel or time to perform duties;
(b) Frequent and undesirable changes in the location of an office or workspace;
(c) The refusal to assign meaningful work;
(d) The issuance of letters of reprimand or evaluations of poor performance;
(e) A demotion;
(f) A reduction in pay;
(g) The denial of a promotion;
(h) A suspension;
(i) A dismissal;
(j) A transfer; or
(k) Frequent changes in working hours or workdays,
if such action is taken, in whole or in part, because the employee submitted a request for the review of his position pursuant to this section.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 172Senator Rawson
CHAPTER 111
AN ACT relating to weapons; removing the limitation on the number of firearms for which a permit to carry concealed firearms may be issued; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.3657 is hereby amended to read as follows:
202.3657 1. Any person may apply to the sheriff of the county in which he resides for a permit on a form prescribed by regulation of the department. Application forms for permits must be furnished by the sheriff of each county upon request.
2. Except as otherwise provided in this section, the sheriff shall issue a permit for [no more than two] one or more specific firearms to any person who is qualified to possess [a] each firearm under state and federal law, who submits an application in accordance with the provisions of this section and who:
(a) Is a resident of this state;
(b) Is 21 years of age or older;
(c) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
(d) Demonstrates competence with [a] each firearm by presenting a certificate or other documentation to the sheriff which shows that he:
(1) Successfully completed a course in firearm safety approved by a sheriff in this state; or
(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
κ2001 Statutes of Nevada, Page 619 (CHAPTER 111, SB 172)κ
university or national organization that certifies instructors in firearm safety.
Such a course must include instruction in the use of each firearm to which the application pertains and in the laws of this state relating to the [proper] use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless he determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association, or if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.
3. The sheriff shall deny an application or revoke a permit if he determines that the applicant or permittee:
(a) Has an outstanding warrant for his arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, he has been:
(1) Convicted of violating the provisions of NRS 484.379; or
(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.
(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this state or under the laws of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
(h) Is currently on parole or probation from a conviction obtained in this state or in any other state or territory or possession of the United States.
(i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this state or of any other state or territory or possession of the United States, as a condition to the courts:
(1) Withholding of the entry of judgment for his conviction of a felony; or
(2) Suspension of his sentence for the conviction of a felony.
(j) Has made a false statement on any application for a permit or for the renewal of a permit.
4. The sheriff may deny an application or revoke a permit if he receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
5. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States , or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the persons permit or the processing of his application until the final disposition of the charges against him.
κ2001 Statutes of Nevada, Page 620 (CHAPTER 111, SB 172)κ
for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the persons permit or the processing of his application until the final disposition of the charges against him. If a permittee is acquitted of the charges against him, or if the charges are dropped, the sheriff shall restore his permit without imposing a fee.
6. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicants signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant , and any other names used by the applicant;
(b) A complete set of the applicants fingerprints taken by the sheriff or his agent;
(c) A front-view colored photograph of the applicant taken by the sheriff or his agent;
(d) The applicants drivers license number or identification card number issued by the department;
(e) The make, model and caliber of each firearm to which the application pertains;
(f) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and
(g) A nonrefundable fee set by the sheriff not to exceed $60.
Sec. 2. NRS 202.366 is hereby amended to read as follows:
202.366 1. Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if he is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicants fingerprints to the central repository for Nevada records of criminal history and the Federal Bureau of Investigation for a report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless he is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.
2. To assist the sheriff in conducting his investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.
3. Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the department. The permit must be in substantially the following form:
κ2001 Statutes of Nevada, Page 621 (CHAPTER 111, SB 172)κ
NEVADA CONCEALED FIREARM PERMIT
County............................................. Permit Number....................................
Expires............................................. Date of Birth.......................................
Height.............................................. Weight..................................................
Name............................................... Address.................................................
City................................................... Zip.........................................................
Photograph
Signature.........................................
Issued by.........................................
Date of Issue..................................
Make, model and caliber of [firearm] each authorized firearm...........................
4. Unless suspended or revoked by the sheriff who issued the permit, a permit expires on the fifth anniversary of the permittees birthday, measured from the birthday nearest the date of issuance or renewal. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be deemed to be on February 28.
Sec. 3. A person who has a permit to carry a concealed firearm in this state that was issued before July 1, 2002, and who wishes to carry any firearm that is not listed on his current permit must:
1. Obtain a new permit from the sheriff; and
2. Pay to the sheriff the fee prescribed for obtaining a duplicate permit pursuant to NRS 202.367, unless he is renewing his permit pursuant to NRS 202.3677, in which case he must pay the fee prescribed for renewal of a permit pursuant to NRS 202.3677.
Sec. 4. This act becomes effective on July 1, 2002.
________
Senate Bill No. 225Committee on Government Affairs
CHAPTER 112
AN ACT relating to telephone services; repealing the prospective expiration of certain provisions concerning surcharges on telephone services in certain counties for the enhancement of telephone systems for reporting emergencies in those counties; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 6 of chapter 427, Statutes of Nevada 1995, as last amended by chapter 375, Statutes of Nevada 1999, at page 1686, is hereby amended to read as follows:
Sec. 6. This act becomes effective on January 1, 1996 . [, and expires by limitation on December 31, 2001.]
κ2001 Statutes of Nevada, Page 622 (CHAPTER 112, SB 225)κ
Sec. 2. Section 2 of chapter 375, Statutes of Nevada 1999, at page 1686, is hereby amended to read as follows:
Sec. 2. [1.] This act becomes effective upon passage and approval.
[2. Notwithstanding the provisions of NRS 244A.7643, a board of county commissioners that has imposed a surcharge pursuant to NRS 244A.7643 shall not impose such a surcharge on the mobile telephone service provided to each customer of that service who resides in the county on or after the date on which the advisory committee established in that county pursuant to NRS 244A.7645 notifies the board of county commissioners that the enhancement of the telephone system for reporting an emergency in that county has been completed in such a manner that when a person reports an emergency by placing a call on a mobile telephone, the:
(a) Identification of the person who pays for that mobile telephone service; and
(b) Location of the antenna that receives and transmits that call,
are transmitted to the location that has been designated to receive calls that report an emergency and to route them to the appropriate personnel for the provision of emergency services.
3. A board of county commissioners that has imposed a surcharge pursuant to NRS 244A.7643 shall notify in a timely manner each telephone company and supplier that collects such a surcharge to cease collecting the surcharge:
(a) On each access line or trunk line of each customer to the local exchange of any telephone company providing those lines in the county on or after December 31, 2001.
(b) On the mobile telephone service provided to each customer of that service who resides in the county on or after the earlier of the following dates:
(1) December 31, 2001; or
(2) The date on which the advisory committee established in that county pursuant to NRS 244A.7645 notifies the board of county commissioners of that county that the enhancement of the telephone system for reporting an emergency in that county has been completed in the manner described in subsection 2.]
Sec. 3. Section 55 of chapter 530, Statutes of Nevada 1999, at page 2719, is hereby amended to read as follows:
Sec. 55. [1.] This act becomes effective upon passage and approval.
[2. Section 39 of this act expires by limitation on December 31, 2001.]
Sec. 4. This act becomes effective upon passage and approval.
________