[Rev. 2/6/2019 4:12:11 PM]
κ2003 Statutes of Nevada, Page 1594κ
Senate Bill No. 127Committee on Commerce and Labor
CHAPTER 296
AN ACT relating to hazardous materials; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to investigate certain accidents at facilities; providing for the recovery by the Division of its costs incurred in conducting such an investigation; deleting the statutory list of highly hazardous substances; requiring the State Environmental Commission to adopt regulations designating a list of highly hazardous substances and designating specific materials that are subject to regulation as explosives; revising the provisions relating to the regulation of facilities and the disclosure of records and information of facilities involved in the use, production, storage or handling of highly hazardous substances or in the manufacture of explosives; requiring the Commission to adopt certain regulations concerning such facilities; authorizing the Administrator of the Division to issue certain orders; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Division may investigate an accident occurring in connection with a process that involves one or more highly hazardous substances or explosives at a facility which results in an uncontrolled emission, fire or explosion and which presented an imminent and substantial danger to the health of the employees of the facility, the public health or the environment, to determine the cause of the accident if the owner or operator of the facility:
(a) Is unwilling to commence and has not commenced an investigation in a timely manner; or
(b) Is not capable of and has not retained expertise capable of conducting an investigation.
2. If the Division chooses to conduct such an investigation, the owner or operator of the facility shall, in a manner consistent with the safety of the employees of the Division and the facility, and without placing an undue burden on the operation of the facility, cooperate with the Division by:
(a) Allowing the Division:
(1) To investigate the accident site and directly related facilities, including, without limitation, control rooms;
(2) To examine physical evidence; and
(3) If practicable, to inspect equipment both externally and internally;
(b) Providing the Division with pertinent documents; and
(c) Allowing the Division to conduct independent interviews of the employees of the facility, subject to all rights of the facility and the employees to be represented by legal counsel, management representatives and union representatives during the interviews.
κ2003 Statutes of Nevada, Page 1595 (CHAPTER 296, SB 127)κ
employees to be represented by legal counsel, management representatives and union representatives during the interviews.
3. To the maximum extent feasible, the Division shall coordinate any investigation it conducts pursuant to this section with investigations conducted by other agencies with jurisdiction over the facility to minimize any adverse impact on the facility and its employees.
4. The Division may contract for the services of a technical expert in conducting an investigation pursuant to this section and may recover its costs for such services from the owner or operator of the facility.
5. If an investigation is conducted by the Division pursuant to this section, all costs incurred by the Division in conducting the investigation, including, without limitation, the costs of services provided pursuant to subsection 4, may be recovered by the Division from the owner or operator of the facility at which the accident occurred.
6. The State Environmental Commission may adopt regulations setting forth the procedures governing an investigation conducted by the Division pursuant to this section and the procedures for the recovery by the Division of all costs incurred by the Division in conducting the investigation.
Sec. 2. NRS 459.3802 is hereby amended to read as follows:
459.3802 As used in NRS 459.380 to 459.3874, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS [459.3804] 459.3806 to 459.38125, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 459.3809 is hereby amended to read as follows:
459.3809 Process means:
1. Any activity that involves a highly hazardous substance [listed in NRS 459.3816 or in a regulation of the Division adopted pursuant to NRS 459.3833, and includes,] or explosive, including, without limitation, the use, storage, manufacture, handling or on-site movement , [of the substance,] or any combination thereof [.] of the substance or explosive.
2. A group of vessels that are used in connection with such an activity, including vessels that are:
(a) Interconnected; or
(b) Separate, but located in such a manner [which makes possible the release of a substance.] that a highly hazardous substance or explosive could potentially be released, including, without limitation, the release, fire or explosion in one vessel that could cause a release, fire or explosion in another vessel.
3. As used in this section:
(a) Explosive means any material designated as subject to regulation as an explosive pursuant to NRS 459.3816; and
(b) Highly hazardous substance means a substance designated as highly hazardous pursuant to NRS 459.3816.
Sec. 4. NRS 459.381 is hereby amended to read as follows:
459.381 [Regulated facility] Facility means a building, equipment and contiguous area where:
1. Highly hazardous substances are produced, used, stored or handled; or
2. Explosives are manufactured for sale.
κ2003 Statutes of Nevada, Page 1596 (CHAPTER 296, SB 127)κ
Sec. 5. NRS 459.3813 is hereby amended to read as follows:
459.3813 1. Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto, apply to a [regulated facility that:
(a) Produces, uses, stores or handles] facility:
(a) That is constructing or operating a process which involves a highly hazardous substance in a quantity:
(1) Equal to or greater than the amount [set forth in] designated pursuant to NRS 459.3816; or
(2) Less than the amount [set forth in] designated pursuant to NRS 459.3816 if there are two or more releases from the [regulated] facility of the same or different highly hazardous substances during any 12-month period and:
(I) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or
(II) Each quantity released is equal to or greater than a maximum quantity allowable as established by regulation of the State Environmental Commission; or
(b) [Manufactures] Where explosives are manufactured for sale.
2. The owner or operator of a facility that is constructing or operating a process described in subsection 1 shall ensure that each process constructed or operated by the facility complies with the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto.
3. A [regulated] facility described in subparagraph (2) of paragraph (a) of subsection 1 is exempt from [complying with] the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto if:
(a) The Division determines that the [regulated facility has:
(1) Carried out the detailed plan to abate hazards recommended pursuant to subsection 3 of NRS 459.3852; and
(2) Complied] owner or operator of the facility has complied with such [other] provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and the regulations adopted pursuant thereto, as the Division requires; and
(b) The [regulated] owner or operator of the facility obtains an exemption from the State Environmental Commission. The State Environmental Commission shall adopt by regulation the procedures for obtaining such an exemption.
[3.] 4. As used in this section [, highly] :
(a) Explosive means any [substance] material designated as [such in NRS 459.3816 or any regulations adopted pursuant thereto.] subject to regulation as an explosive pursuant to NRS 459.3816.
(b) Highly hazardous substance means a substance designated as highly hazardous pursuant to NRS 459.3816.
Sec. 6. NRS 459.3814 is hereby amended to read as follows:
459.3814 The provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act do not apply to:
1. The transportation of any hazardous substances within or through this state which is regulated by the State or the United States Department of Transportation.
κ2003 Statutes of Nevada, Page 1597 (CHAPTER 296, SB 127)κ
2. Any final use of anhydrous ammonia for an agricultural purpose, including storage of the substance on the premises of a farm.
3. Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et seq. and 42 U.S.C. § 7412(r).
Sec. 7. NRS 459.3816 is hereby amended to read as follows:
459.3816 1. [The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Acetaldehyde............................................................................ 75-07-0.................................................................................................... 2500
Acrolein (2-Propenal)............................................................. 107-02-8...................................................................................................... 150
Acrylyl Chloride...................................................................... 814-68-6...................................................................................................... 250
Allyl Chloride.......................................................................... 107-05-1.................................................................................................... 1000
Allylamine............................................................................... 107-11-9.................................................................................................... 1000
Alkylaluminums............................................................................ None.................................................................................................... 5000
Ammonia, Anhydrous........................................................ 7664-41-7.................................................................................................... 5000
Ammonia solutions (concentration greater than 44% ammonia by weight)........................................................................ 7664-41-7.................................................................................................. 10000
Ammonium Perchlorate..................................................... 7790-98-9.................................................................................................... 7500
Ammonium Permanganate............................................... 7787-36-2.................................................................................................... 7500
Arsine (also called Arsenic Hydride)................................. 7784-42-1...................................................................................................... 100
Bis (Chloromethyl) Ether...................................................... 542-88-1...................................................................................................... 100
Boron Trichloride............................................................... 10294-34-5.................................................................................................... 2500
Boron Trifluoride................................................................. 7637-07-2...................................................................................................... 250
Bromine................................................................................. 7726-95-6.................................................................................................... 1500
Bromine Chloride.............................................................. 13863-41-7.................................................................................................... 1500
Bromine Pentafluoride........................................................ 7789-30-2.................................................................................................... 2500
Bromine Trifluoride............................................................. 7787-71-5.................................................................................................. 15000
3-Bromopropyne (also called Propargyl Bromide).......... 106-96-7...................................................................................................... 100
Butyl Hydroperoxide (Tertiary)............................................. 75-91-2.................................................................................................... 5000
Butyl Perbenzoate (Tertiary)................................................ 614-45-9.................................................................................................... 7500
Carbonyl Chloride (see Phosgene)......................................... 75-44-5...................................................................................................... 100
Carbonyl Fluoride.................................................................. 353-50-4.................................................................................................... 2500
Cellulose Nitrate (concentration greater than 12.6% Nitrogen).......................................................................................... 9004-70-0.................................................................................................... 2500
Chlorine................................................................................. 7782-50-5.................................................................................................... 1500
Chlorine Dioxide................................................................ 10049-04-4.................................................................................................... 1000
Chlorine Pentafluoride...................................................... 13637-63-3.................................................................................................... 1000
Chlorine Trifluoride............................................................. 7790-91-2.................................................................................................... 1000
Chlorodiethylaluminum (also called Diethylaluminum Chloride)............................................................................................... 96-10-6.................................................................................................... 5000
1-Chloro-2,4-Dinitrobenzene.................................................. 97-00-7.................................................................................................... 5000
Chloromethyl Methyl Ether................................................. 107-30-2...................................................................................................... 500
Chloropicrin............................................................................... 76-06-2...................................................................................................... 500
Chloropicrin and Methyl Bromide mixture.............................. None .................................................................................................... 1500
Chloropicrin and Methyl Chloride mixture.............................. None .................................................................................................... 1500
Cumene Hydroperoxide.......................................................... 80-15-9.................................................................................................... 5000
κ2003 Statutes of Nevada, Page 1598 (CHAPTER 296, SB 127)κ
Cyanogen................................................................................ 460-19-5.................................................................................................... 2500
Cyanogen Chloride................................................................ 506-77-4...................................................................................................... 500
Cyanuric Fluoride................................................................... 675-14-9...................................................................................................... 100
Diacetyl Peroxide (concentration greater than 70%)....... 110-22-5.................................................................................................... 5000
Diazomethane........................................................................ 334-88-3...................................................................................................... 500
Dibenzoyl Peroxide.................................................................. 94-36-0.................................................................................................... 7500
Diborane.............................................................................. 19287-45-7...................................................................................................... 100
Dibutyl Peroxide (Tertiary)................................................... 110-05-4.................................................................................................... 5000
Dichloro Acetylene.............................................................. 7572-29-4...................................................................................................... 250
Dichlorosilane....................................................................... 4109-96-0.................................................................................................... 2500
Diethylzinc............................................................................... 557-20-0.................................................................................................. 10000
Diisopropyl Peroxydicarbonate........................................... 105-64-6.................................................................................................... 7500
Dilauroyl Peroxide.................................................................. 105-74-8.................................................................................................... 7500
Dimethyl Sulfide....................................................................... 75-18-3...................................................................................................... 100
Dimethyldichlorosilane............................................................ 75-78-5.................................................................................................... 1000
Dimethylhydrazine, 1.1-.......................................................... 57-14-7.................................................................................................... 1000
Dimethylamine, Anhydrous................................................. 124-40-3.................................................................................................... 2500
2, 4 Dinitroaniline..................................................................... 97-02-9.................................................................................................... 5000
Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone Peroxide; concentration greater than 60%).............. 1338-23-4.................................................................................................... 5000
Ethyl Nitrite............................................................................. 109-95-5.................................................................................................... 5000
Ethylamine................................................................................ 75-04-7.................................................................................................... 7500
Ethylene Fluorohydrin........................................................... 371-62-0...................................................................................................... 100
Ethylene Oxide.......................................................................... 75-21-8.................................................................................................... 5000
Ethyleneimine......................................................................... 151-56-4.................................................................................................... 1000
Fluorine.................................................................................. 7782-41-4...................................................................................................... 100
Formaldehyde (concentration 37% or greater byweight).. 50-00-0.................................................................................................... 1000
Furan........................................................................................ 110-00-9...................................................................................................... 500
Hexafluoroacetone................................................................ 684-16-2.................................................................................................... 5000
Hydrochloric Acid, Anhydrous.......................................... 7647-01-0.................................................................................................... 5000
Hydrofluoric Acid, Anhydrous.......................................... 7664-39-3.................................................................................................... 1000
Hydrogen Bromide............................................................ 10035-10-6.................................................................................................... 5000
Hydrogen Chloride.............................................................. 7647-01-0.................................................................................................... 5000
Hydrogen Cyanide, Anhydrous............................................. 74-90-8.................................................................................................... 1000
Hydrogen Fluoride............................................................... 7664-39-3.................................................................................................... 1000
Hydrogen Peroxide (concentration 52% greater by weight). 7722-84-1............................................................................................ 7500
Hydrogen Selenide............................................................... 7783-07-5...................................................................................................... 150
Hydrogen Sulfide................................................................. 7783-06-4.................................................................................................... 1500
Hydroxylamine.................................................................... 7803-49-8.................................................................................................... 2500
Iron, Pentacarbonyl-......................................................... 13463-40-6...................................................................................................... 250
Isopropyl Formate................................................................. 625-55-8...................................................................................................... 500
Isopropylamine......................................................................... 75-31-0.................................................................................................... 5000
Ketene...................................................................................... 463-51-4...................................................................................................... 100
Methacrylaldehyde.................................................................. 78-85-3.................................................................................................... 1000
Methacryloyl Chloride.......................................................... 920-46-7...................................................................................................... 150
Methacryloyloxyethyl Isocyanate................................. 30674-80-7...................................................................................................... 100
Methyl Acrylonitrile............................................................... 126-98-7...................................................................................................... 250
Methylamine, Anhydrous....................................................... 74-89-5.................................................................................................... 1000
κ2003 Statutes of Nevada, Page 1599 (CHAPTER 296, SB 127)κ
Methyl Bromide........................................................................ 74-83-9.................................................................................................... 2500
Methyl Chloride........................................................................ 74-87-3.................................................................................................. 15000
Methyl Chloroformate............................................................ 79-22-1...................................................................................................... 500
Methyl Disulfide..................................................................... 624-92-0...................................................................................................... 100
Methyl Ethyl Ketone Peroxide (also Ethyl Methyl Ketone Peroxide; concentration greater than 60%).............. 1338-23-4.................................................................................................... 5000
Methyl Fluoroacetate............................................................ 453-18-9...................................................................................................... 100
Methyl Fluorosulfate............................................................. 421-20-5...................................................................................................... 100
Methyl Hydrazine.................................................................... 60-34-4...................................................................................................... 100
Methyl Iodide............................................................................ 74-88-4.................................................................................................... 7500
Methyl Isocyanate................................................................. 624-83-9...................................................................................................... 250
Methyl Mercaptan................................................................... 74-93-1.................................................................................................... 5000
Methyl Vinyl Ketone................................................................ 78-94-4...................................................................................................... 100
Methyltrichlorosilane............................................................... 75-79-6...................................................................................................... 500
Nickel Carbonyl (Nickel Tetracarbonyl)....................... 13463-39-3...................................................................................................... 150
Nitric Acid (concentration 94.5% or greater by weight) 7697-37-2...................................................................................................... 500
Nitric Oxide......................................................................... 10102-43-9...................................................................................................... 250
Nitroaniline (para Nitroaniline)............................................ 100-01-6.................................................................................................... 5000
Nitromethane............................................................................ 75-52-5.................................................................................................... 2500
Nitrogen Dioxide................................................................ 10102-44-0...................................................................................................... 250
Nitrogen Oxides (NO; NO2; N2O4; N2O3)................... 10102-44-0...................................................................................................... 250
Nitrogen Tetroxide (also called NitrogenPeroxide )..... 10544-72-6...................................................................................................... 250
Nitrogen Trifluoride............................................................. 7783-54-2.................................................................................................... 5000
Nitrogen Trioxide............................................................... 10544-73-7...................................................................................................... 250
Oleum (65% or greater by weight of sulfur trioxide; also called Fuming Sulfuric Acid)................................................... 8014-95-7.................................................................................................... 1000
Osmium Tetroxide............................................................. 20816-12-0...................................................................................................... 100
Oxygen Difluoride (Fluorine Monoxide).......................... 7783-41-7...................................................................................................... 100
Ozone................................................................................... 10028-15-6...................................................................................................... 100
Pentaborane....................................................................... 19624-22-7...................................................................................................... 100
Peracetic Acid (concentration greater than 60 Acetic Acid; also called Peroxyacetic Acid)................................................. 79-21-0.................................................................................................... 1000
Perchloric Acid (concentration greater than 60% by weight) 7601-90-3............................................................................................ 5000
Perchloromethyl Mercaptan................................................ 594-42-3...................................................................................................... 150
Perchloryl Fluoride............................................................... 7616-94-6.................................................................................................... 5000
Peroxyacetic Acid (concentration greater than 60% Acetic Acid; also called Peracetic Acid)................................................ 79-21-0.................................................................................................... 1000
Phosgene (also called Carbonyl Chloride)........................... 75-44-5...................................................................................................... 100
Phosphine (Hydrogen Phosphide)..................................... 7803-51-2...................................................................................................... 100
Phosphorus Oxychloride (also called Phosphoryl Chloride)........................................................................................ 10025-87-3.................................................................................................... 1000
Phosphorus Trichloride....................................................... 7719-12-2.................................................................................................... 1000
Phosphoryl Chloride (also called Phosphorus Oxychloride)........................................................................................ 10025-87-3.................................................................................................... 1000
κ2003 Statutes of Nevada, Page 1600 (CHAPTER 296, SB 127)κ
Propargyl Bromide (also called 3 Bromopropyne).......... 106-96-7...................................................................................................... 100
Propyl Nitrate.......................................................................... 627-13-4...................................................................................................... 100
Sarin.......................................................................................... 107-44-8...................................................................................................... 100
Selenium Hexafluoride....................................................... 7783-79-1.................................................................................................... 1000
Stibine (Antimony Hydride)............................................... 7803-52-3...................................................................................................... 500
Sulfur Dioxide (liquid)......................................................... 7446-09-5.................................................................................................... 1000
Sulfur Pentafluoride............................................................ 5714-22-7...................................................................................................... 250
Sulfur Tetrafluoride............................................................. 7783-60-0...................................................................................................... 250
Sulfur Trioxide (also called Sulfuric Anhydride)............ 7446-11-9.................................................................................................... 1000
Sulfuric Anhydride (also called Sulfur Trioxide)............ 7446-11-9.................................................................................................... 1000
Tellurium Hexafluoride...................................................... 7783-80-4...................................................................................................... 250
Tetrafluoroethylene............................................................... 116-14-3.................................................................................................... 5000
Tetrafluorohydrazine........................................................ 10036-47-2.................................................................................................... 5000
Tetramethyl Lead..................................................................... 75-74-1.................................................................................................... 1000
Thionyl Chloride.................................................................. 7719-09-7...................................................................................................... 250
Titanium Tetrachloride....................................................... 7550-45-0.................................................................................................... 2500
Trichloro (chloromethyl) Silane......................................... 1558-25-4...................................................................................................... 100
Trichloro (dichlorophenyl) Silane................................... 27137-85-5.................................................................................................... 2500
Trichlorosilane.................................................................... 10025-78-2.................................................................................................... 5000
Trifluorochloroethylene........................................................... 79-38-9.................................................................................................. 10000
Trimethyoxysilane............................................................... 2487-90-3.................................................................................................... 1500
2. The division, in consultation with the health districts created pursuant to NRS 439.370, the health division of the department of human resources and the division of industrial relations of the department of business and industry, shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances. The division shall, by regulation, add to the list of highly hazardous substances any chemical that is identified as being used, manufactured, stored, or capable of being produced, at a facility, in sufficient quantities at a single site, that its release into the environment would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure.] The State Environmental Commission shall adopt regulations:
(a) Designating a list of highly hazardous substances, including, without limitation, any chemical, the release of which into the environment or the involvement of which in a fire or explosion would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure; and
(b) Designating for each such substance a quantity which requires the regulation of that substance pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto.
2. The Division shall regularly examine sources of information available to it, including, without limitation, studies, guidelines and regulations of the Federal Government and the provisions set forth in 29 U.S.C. § 655 and 42 U.S.C. § 7412(r), and may propose that the State Environmental Commission add or delete a substance or otherwise amend the list of substances and quantities adopted pursuant to subsection 1.
κ2003 Statutes of Nevada, Page 1601 (CHAPTER 296, SB 127)κ
3. The State Environmental Commission shall adopt regulations designating specific materials that are subject to regulation as explosives pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto.
4. The Division shall regularly examine sources of information available to it, including, without limitation, studies, guidelines and regulations of the Federal Government and the provisions set forth in 18 U.S.C. §§ 841, et seq., and shall consult with the Division of Industrial Relations of the Department of Business and Industry to determine materials that should be regulated as explosives. The Division may propose that the State Environmental Commission add or delete a material or otherwise amend the list of materials adopted pursuant to subsection 3.
Sec. 8. NRS 459.3818 is hereby amended to read as follows:
459.3818 1. [The Division] In addition to the regulations required to be adopted pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act, the State Environmental Commission shall adopt such other regulations as are necessary to carry out the purposes and enforce the provisions of NRS 459.380 to 459.3874, inclusive [.] , and section 1 of this act. The regulations must include, without limitation:
(a) Specifications for the applicability of the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto;
(b) The establishment of a program for the prevention of accidental releases of chemicals that satisfies the provisions of the chemical process safety standard set forth pursuant to 29 U.S.C. § 655;
(c) Provisions necessary to enable the Division to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto;
(d) Requirements for the registration of a facility with the Division; and
(e) Provisions to ensure that the public is involved in the process of evaluating proposed regulatory actions that may affect the public.
2. The Division shall [make] :
(a) Administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto; and
(b) Make every effort to involve advisory councils on hazardous materials, where they exist, the governing bodies of local governments and other interested persons in explaining actions taken pursuant to those sections and the regulations adopted pursuant thereto.
3. The State Environmental Commission must apply the provisions of NRS 459.380 to 459.3874, inclusive, to dealers of liquefied petroleum gas who sell, fill, refill, deliver or are permitted to deliver any liquefied petroleum gas in a manner that is consistent with 42 U.S.C. § 7412(r)(4)(B).
4. As used in this section, liquefied petroleum gas has the meaning ascribed to it in NRS 590.475.
Sec. 9. NRS 459.3819 is hereby amended to read as follows:
459.3819 1. The Division shall enter into cooperative agreements with state and local agencies to provide inspections of [regulated] facilities where explosives are manufactured, or where an explosive is used, processed, handled, moved on site or stored in relation to its manufacture.
κ2003 Statutes of Nevada, Page 1602 (CHAPTER 296, SB 127)κ
The Division shall schedule the inspections in such a manner as to provide an opportunity for participation by:
(a) A representative of the fire-fighting agency that exercises jurisdiction over the [regulated] facility;
(b) A representative of the law enforcement agency that exercises jurisdiction over the [regulated] facility; and
(c) Representatives of the Division and any other state agency responsible for minimizing risks to persons and property posed by such [regulated] facilities.
2. The owner or operator of such a [regulated] facility shall make the facility available for the inspections required by this section at such times as are designated by the Division.
3. Any inspection of a [regulated] facility conducted pursuant to this section is in addition to, and not in lieu of, any other inspection of the facility required or authorized by state statute or regulation, or local ordinance.
4. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.
[5. Except as otherwise provided in subsection 6, as used in this section, explosive means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion, or detonation of the compound, mixture or device or any part thereof may cause an explosion.
6. For the purposes of this section, an explosive does not include:
(a) Ammunition for small arms, or any component thereof;
(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:
(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or
(2) In an antique device which is exempted from the definition of destructive device pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or
(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.]
Sec. 10. NRS 459.382 is hereby amended to read as follows:
459.382 1. The Health Division of the Department of Human Resources, the Division of Industrial Relations of the Department of Business and Industry and any other governmental entity or agency of the State responsible for minimizing risks to persons and property posed by [regulated] facilities and hazardous substances shall submit to the Division of Environmental Protection such reports as the Division deems necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive [.] , and section 1 of this act and any regulations adopted pursuant thereto. The reports must be submitted at such times and contain such information as required by the Division.
κ2003 Statutes of Nevada, Page 1603 (CHAPTER 296, SB 127)κ
reports must be submitted at such times and contain such information as required by the Division.
2. The [Division] State Environmental Commission shall adopt by regulation common reporting forms to be used by such governmental entities and agencies when reporting information related to hazardous substances and [regulated] facilities.
3. The Division shall review the rules, regulations, standards, codes and safety orders of other governmental entities and agencies of the State responsible for minimizing risks to persons and property posed by [regulated] facilities and hazardous substances to ensure that they are sufficient to carry out the provisions of NRS 459.380 to 459.3874, inclusive [.] , and section 1 of this act and any regulations adopted pursuant thereto.
4. If the Division and any other governmental entity or agency of the State have coexisting jurisdiction over the regulation of [regulated] facilities or hazardous substances located at such facilities, the Division has the final authority to take such actions as are necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive [.] , and section 1 of this act and any regulations adopted pursuant thereto.
Sec. 11. NRS 459.3822 is hereby amended to read as follows:
459.3822 1. [Any] The owner or operator of a facility shall, upon request, submit any records, reports or other information to the Division that the Division deems necessary to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto.
2. Except as otherwise provided in this section, any records, reports or other information obtained pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation adopted pursuant thereto must be made available to the public for inspection and copying. [If protection of a trade secret pursuant to NRS 459.3846 requires a deletion, the deletion must be limited to that information essential for compliance. In the event of deletion, the Division shall substitute language generally describing what was deleted, without revealing the trade secret, so that the information contained in the record or report is comprehensible.
2.] 3. The Division shall protect the confidentiality of any information obtained by the Division, including, without limitation, any information obtained through an observation made by the Division during a visit to a facility if:
(a) The owner or operator of the facility from which the information was obtained or which was visited requests such protection; and
(b) The information satisfies the conditions for protection as a trade secret pursuant to subsection 4.
4. Information is entitled to protection as a trade secret under this section only if:
(a) The information has not been disclosed to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a state or local government, an employee of such a person, or a person who is bound by an agreement of confidentiality, and the owner or operator of the facility has taken reasonable measures to protect the confidentiality of the information and intends to continue to take such measures;
(b) The information is not required to be disclosed, or otherwise made available, to the public under any other federal or state law;
κ2003 Statutes of Nevada, Page 1604 (CHAPTER 296, SB 127)κ
(c) Disclosure of the information is likely to cause substantial harm to the competitive position of the owner or operator of the facility; and
(d) The chemical identity of a substance, if that is the information, is not readily discoverable through analysis of the product containing it or scientific knowledge of how such a product must be made.
5. The State Environmental Commission shall adopt regulations for the protection of the confidentiality of information entitled to protection as a trade secret pursuant to this section.
6. The person requesting the copy or copies of the public records, shall tender or pay to the Division such fee as may be prescribed for the service of copying.
Sec. 12. NRS 459.3824 is hereby amended to read as follows:
459.3824 1. The owner or operator of a [regulated] facility shall pay to the Division an annual fee based on the fiscal year. The annual fee for each facility is the sum of a base fee set by the State Environmental Commission and any additional fee imposed by the Commission pursuant to subsection 2. The annual fee must be prorated and may not be refunded.
2. The State Environmental Commission may impose an additional fee upon the owner or operator of a [regulated] facility in an amount determined by the Commission to be necessary to enable the Division to carry out its duties pursuant to NRS 459.380 to 459.3874, inclusive [.] , and section 1 of this act and any regulations adopted pursuant thereto. The additional fee must be based on a graduated schedule adopted by the Commission which takes into consideration the quantity of hazardous substances located at each facility.
3. After the payment of the initial annual fee, the Division shall send the owner or operator of a [regulated] facility a bill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.
4. The State Environmental Commission may modify the amount of the annual fee required pursuant to this section and the timing for payment of the annual fee:
(a) To include consideration of any fee paid to the Division for a permit to construct a new process or commence operation of a new process pursuant to NRS 459.3829; and
(b) If any regulations adopted pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act require such a modification.
5. The owner or operator of a [regulated] facility shall submit, with any payment required by this section, the number assigned by the Department of Taxation, for the imposition and collection of taxes pursuant to chapter 364A of NRS, to the business for which the payment is made.
[5.] 6. All fees [collected pursuant to this section and] fines, penalties and other money collected pursuant to NRS [459.3833, 459.3834 and 459.3874, and any interest earned thereon,] 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto, other than a fine collected pursuant to subsection 3 of NRS 459.3834, must be deposited with the State Treasurer for credit to the Fund for Precaution Against Chemical Accidents, which is hereby created as a special revenue fund. All interest earned on the money in the Fund must be credited to the Fund.
κ2003 Statutes of Nevada, Page 1605 (CHAPTER 296, SB 127)κ
Sec. 13. NRS 459.3829 is hereby amended to read as follows:
459.3829 1. No owner or operator of a [regulated] facility may commence construction or operation of any new process that will be subject to regulation pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation adopted pursuant thereto, unless he first obtains all appropriate permits from the Division to construct the new process [or] and commence operation of the new process . [, or both.] Before issuing any such permits, the Division of Environmental Protection shall consult with the Division of Industrial Relations of the Department of Business and Industry.
2. An application for such a permit must be submitted on a form prescribed by the Division [.
3. The Division may require the applicant to] of Environmental Protection.
3. The State Environmental Commission shall adopt regulations establishing the requirements for the issuance of a permit pursuant to this section. An applicant shall comply with requirements that [it] the State Environmental Commission establishes by regulation for the issuance of a permit before [issuing any permits] the applicant may receive a permit from the Division for the construction and operation of the process.
4. The Division may charge and collect a fee for the issuance of such a permit. [All fees collected pursuant to this section and any interest earned thereon must be deposited with the State Treasurer for credit to the Fund for Precaution Against Chemical Accidents created pursuant to NRS 459.3824.]
Sec. 14. NRS 459.3832 is hereby amended to read as follows:
459.3832 1. [All forms for registration, reports on safety and reports on the assessment of risk through analysis of hazards must contain a certification in one of the following two forms:
(a) I certify under penalty of law that the information provided in this document is true, accurate and complete. I am aware that there are significant civil and criminal penalties for submitting false, inaccurate or incomplete information, including fines or imprisonment, or both.
(b) I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attached documents and that based on my inquiry of the natural persons immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant civil and criminal penalties for submitting false information, including the possibility of fines or imprisonment, or both.
2.] The State Environmental Commission shall adopt regulations setting forth:
(a) The records, reports and information submitted to the Division which must contain a certification; and
(b) The requirements of such certifications.
2. Each certification must be signed by the sole proprietor of the facility, the highest ranking corporate officer or partner at the facility, the manager of the facility, or a person designated by any one of those persons to sign the certification.
Sec. 15. NRS 459.3833 is hereby amended to read as follows:
459.3833 1. The State Department of Conservation and Natural Resources may, in accordance with the authority granted to it pursuant to NRS 445B.205, apply for and accept any delegation of authority and any grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).
κ2003 Statutes of Nevada, Page 1606 (CHAPTER 296, SB 127)κ
grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).
2. The State Environmental Commission may [adopt such regulations as it determines are] adopt regulations necessary to establish and carry out such a program. [The regulations must:
(a) Establish a list of hazardous substances and the quantities thereof that will be regulated pursuant to the program.
(b) Provide that the provisions of NRS 459.3824, 459.3826 and 459.3828 apply to all facilities regulated pursuant to the program.
(c) Provide that a person who violates any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828 is, in addition to any penalty that may apply pursuant to NRS 459.3834, subject to a civil administrative penalty not to exceed $10,000 per day of the violation, and that each day on which the violation continues constitutes a separate and distinct violation. Any penalty imposed pursuant to this paragraph may be recovered with costs in a summary proceeding by the Attorney General.
3. The Division:
(a) Shall carry out and enforce the provisions of the program.
(b) May enter into cooperative agreements with other agencies of this state for the enforcement of specific provisions of the program.
4. The Division may compromise and settle any claim for any penalty under this section in such amount in the discretion of the Division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the Division shall compromise and settle the claim for the penalty under this section in such amount as to avoid the duplication of penalties.
5. If a person violates any regulation adopted pursuant to subsection 2, or the provisions of NRS 459.3824, 459.3826 or 459.3828, the Division may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.]
Sec. 16. NRS 459.3834 is hereby amended to read as follows:
459.3834 1. A person [subject to the regulations adopted by the State Environmental Commission pursuant to NRS 459.3833] shall not knowingly:
(a) Violate any [such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828;] provision of NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation adopted pursuant thereto;
(b) Make any false material statement, representation or certification in any required form, notice or report; or
(c) Render inaccurate any required monitoring device or method.
2. [A] Except as otherwise provided in subsection 3, a person who violates subsection 1 shall be punished by a fine of not more than [$10,000] $25,000 per day of the violation, and each day on which the violation continues constitutes a separate and distinct violation.
3. A person who violates subsection 1 in a manner that contributes to the substantial bodily harm or death of any person is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000 for each day of the violation, or by both fine and the punishment provided in NRS 193.130.
κ2003 Statutes of Nevada, Page 1607 (CHAPTER 296, SB 127)κ
Sec. 17. NRS 459.3866 is hereby amended to read as follows:
459.3866 1. After giving reasonable notice to the facility it oversees and after making arrangements to ensure that the normal operations of the facility will not be disrupted, a committee is entitled to receive from the facility such records and documents as the committee demonstrates are required to carry out its duties. The committee is entitled to receive only those records and documents which cannot be obtained from the Division.
2. A committee is entitled to receive from any governmental entity or agency records, documents and other materials relevant to the committees review and evaluation of the facility to carry out its duties.
3. In carrying out its duties a committee and the Attorney General may, by subpoena, require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary. Before obtaining such a subpoena, the committee or the Attorney General shall request the attendance of the witness or the production of the reports, papers, documents or other evidence. If the person to whom the request is made fails or refuses to attend or produce the reports, documents or other evidence, the committee and the Attorney General may obtain the subpoena requiring him to do so.
4. In carrying out its duties, a committee may make informal inquiry of persons or entities with knowledge relevant to the committees review and evaluation of the facility it oversees. Any committee which makes such informal inquiries shall advise the facility of those inquiries and of the results of the inquiries.
5. If the owner or operator of a facility claims that the disclosure of information to a committee will reveal a trade secret or confidential information, the owner or operator must specifically identify such information as confidential. When such an identification has been made, the [provisions of NRS 459.3846 apply.] committee shall protect the confidentiality of the trade secret or information if the trade secret or information would be entitled to protection pursuant to NRS 459.3822.
6. A committee or its authorized representative may, to carry out its duties , enter and inspect the facility overseen, its records and other relevant materials. Before such an inspection is made, the committee shall provide reasonable notice to the facility. The inspection must be conducted in such a manner as to ensure that the operations of the facility will not be disrupted.
7. The Attorney General is counsel and attorney to each committee for the purposes of carrying out its duties and powers.
8. The members of a committee may make public comment with regard to their review and evaluation of the facility it oversees. At least 24 hours before making any formal comment, the committee shall advise the facility of its intention to do so and provide the facility with a summary of the comments that will be made.
9. A committee may review and make recommendations to the reviewing authority as to any applications for permits to construct, substantially alter or operate submitted by a facility which has been the subject of the committees review and evaluation.
Sec. 18. NRS 459.387 is hereby amended to read as follows:
459.387 1. The Division may enter any facility:
(a) During normal business hours; and
κ2003 Statutes of Nevada, Page 1608 (CHAPTER 296, SB 127)κ
(b) At any other time if there is probable cause to believe that a violation of any of the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation adopted pursuant thereto, has occurred,
to verify compliance with the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act, any regulation adopted pursuant thereto and the quality of all work performed pursuant to those sections , except that the owner or operator of a facility need not employ any personnel solely to assure access to the facility by the Division when this access would otherwise be impossible.
2. [The Division shall develop, adopt by regulation and enforce a system of recordkeeping. The system must:
(a) Require the owner or operator of each facility registered pursuant to NRS 459.3828 to report to the Division on all efforts to assess and reduce risks undertaken, all continuing maintenance, all unanticipated and unusual events, and any other information the Division finds appropriate; and
(b) Be so designed as to prevent the destruction or alteration of information and data contained in those records.
3. Within 30 days after each anniversary of the date on which the plan to reduce accidents was first put into effect, the owner or operator of a regulated facility shall file an annual report of compliance with the Division. This annual report must include a report of progress describing in detail all actions taken to comply with the schedule of abatement set forth in the plan, including itemization of abatements accomplished and steps taken to accomplish abatements in accordance with the schedule. The annual report of compliance must be signed and certified as a report on safety and must be in a form and be accompanied by documentation showing compliance in accordance with the regulations of the Division.
4. Within 30 days after receiving the annual report of compliance, the Division shall conduct at the facility a confirmation and evaluation of the accuracy of the report and independent determination of the status of compliance with the schedule of abatement. The Divisions findings must be reduced to writing and made available to the public within 60 days after the date of filing of the report.] The State Environmental Commission shall adopt regulations establishing requirements for:
(a) The inspection of a facility; and
(b) The report of a record of inspection.
3. If the Administrator of the Division finds that any person is engaging, is about to engage or has engaged in an act or practice that violates any provision of NRS 459.380 to 459.3874, inclusive, and section 1 of this act, any regulation adopted pursuant thereto, or any term or condition of a permit issued by the Division pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act, the Administrator may issue an order:
(a) Specifying the provision, regulation, term or condition that is alleged to have been violated or which is about to be violated;
(b) Setting forth the facts alleged to constitute the violation;
(c) Prescribing any corrective action that must be taken and a reasonable time within which that action must be taken; and
(d) Requiring the person to whom the order is directed to appear before the Administrator or a hearing officer to show cause why the Division should not commence an action for appropriate relief.
κ2003 Statutes of Nevada, Page 1609 (CHAPTER 296, SB 127)κ
4. If the Administrator finds that the handling of a highly hazardous substance or explosive at a facility presents an imminent and substantial threat to human health or the environment, the Administrator may, after the Division has inspected the site and after the Administrator has had a consultation with the owner or operator of the facility and the owner or operator fails to correct the threat, issue an order requiring the owner or operator of the facility to take necessary steps to prevent the act or eliminate the practice that constitutes the threat.
Sec. 19. NRS 459.3872 is hereby amended to read as follows:
459.3872 1. If any person violates any of the provisions of NRS 459.380 to [459.386,] 459.3834, inclusive, and section 1 of this act, or 459.387, or any regulation or order adopted or issued pursuant thereto, the Division may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.
2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates a provision of NRS 459.380 to [459.396,] 459.3834, inclusive, and section 1 of this act, or 459.387, or any regulation or order adopted pursuant thereto , is liable to a civil administrative penalty as set forth in NRS 459.3874. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense. No civil administrative penalty may be levied until after notification to the violator by certified mail or personal service. The notice must include a reference to the section of the statute, regulation, order or condition of a permit violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the civil penalties to be imposed [,] and a statement of the violators right to a hearing. The violator has 20 days after receipt of the notice within which to deliver to the Division a written request for a hearing. After the hearing if requested, and upon a finding that a violation has occurred, the Administrator of the Division may issue a final order [after assessing] and assess the amount of the fine . [specified in the notice.] If no hearing is requested, the notice becomes a final order upon the expiration of the 20-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other provisions for enforcement of NRS 459.380 to 459.387, inclusive, and section 1 of this act, and the payment of a civil administrative penalty does not affect the availability of any other provision for enforcement in connection with the violation for which the penalty is levied.
Sec. 20. NRS 459.3874 is hereby amended to read as follows:
459.3874 1. The civil administrative penalties are:
Category of Offense Penalty in U.S. Dollars
A. Failure to register a new or existing [regulated] facility: $25,000 plus $2,000 per day
from the due date
B. Failure to pay the fee required pursuant to NRS 459.3824: 75 percent of the fee
C. [Failure to submit a safety report: $10,000 plus $1,000 per day
from the due date
κ2003 Statutes of Nevada, Page 1610 (CHAPTER 296, SB 127)κ
D. Failure to conduct an assessment of risk through analysis of hazards pursuant to the conditions set forth in NRS 459.3844:............................................................................ $25,000
E. Failure to put into effect plan:......................................... $50,000
F. Failure to comply with plan to reduce accidents and schedule of compliance:........................................................... up to $5,000
G. Failure to comply with approved plan to reduce accidents, each requirement:.................................................... up to $10,000
H.] Failure to provide information requested by the Division: $25,000
[I.] D. Failure to grant access to employees or agents of the Division for inspections:................................................... $25,000
[J.] E. Failure to provide information or grant access to employees or agents of the Division during an emergency: $50,000
[K.] F. Falsification of information submitted to the Division: up to $10,000 per incident
[L.] G. Failure to obtain a permit for the construction of a new [regulated] facility:............................................................ $25,000
H. Failure to comply with a regulation adopted pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act, other than a regulation for which a civil administrative penalty is set forth in category A to G, inclusive: .$10,000 per incident
The civil administrative penalty prescribed in category H may be assessed for each regulatory provision that is violated. The civil administrative penalty prescribed in category [L] G may be assessed against a contractor who is constructing the [regulated] facility only if the contractor is contractually responsible for obtaining all appropriate permits for the construction of the [regulated] facility and the contractor knows or has reason to know the planned use of the [regulated] facility.
2. The Division may compromise and settle any claim for any penalty as set forth in this section in such amount in the discretion of the Division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the Division shall compromise and settle the claim for the penalty as set forth in this section in such amount as to avoid the duplication of penalties.
3. No penalty may be imposed pursuant to this section for the failure to perform a required act within the time required if the delay was caused by a natural disaster or other circumstances which are beyond the control of the violator.
κ2003 Statutes of Nevada, Page 1611 (CHAPTER 296, SB 127)κ
4. Any person who violates any of the provisions of NRS 459.380 to [459.386,] 459.3834, inclusive, and section 1 of this act, or 459.387, or any regulation or order adopted or issued pursuant thereto, or an administrative order issued pursuant to subsection 2 of NRS 459.3872 or a court order issued pursuant to subsection 1 of NRS 459.3872, or who fails to pay a civil administrative penalty in full is subject, upon order of the court, to a civil penalty not to exceed $10,000 per day of the violation, and each days continuance of the violation constitutes a separate and distinct violation. Any penalty imposed pursuant to this subsection may be recovered with costs in a summary proceeding by the Attorney General.
Sec. 21. NRS 278.147 is hereby amended to read as follows:
278.147 1. No person may commence operation in this state of a facility where an explosive, [or] a highly hazardous substance [listed in NRS 459.3816, the regulations adopted pursuant thereto] designated pursuant to NRS 459.3816 if present in a quantity equal to or greater than the amount designated pursuant to NRS 459.3816, or a hazardous substance listed in the regulations adopted pursuant to NRS 459.3833 [,] will be used, manufactured, processed, transferred or stored without first obtaining a conditional use permit therefor from the governing body of the city or county in which the facility is to be located. Each governing body shall establish by local ordinance, in accordance with the provisions of this section, the procedures for obtaining such a permit.
2. An application for a conditional use permit must be filed with the planning commission of the city, county or region in which the facility is to be located. The planning commission shall, within 90 days after the filing of an application, hold a public hearing to consider the application. The planning commission shall, at least 30 days before the date of the hearing, cause notice of the time, date, place and purpose of the hearing to be:
(a) Sent by mail [to] or, if requested by a party to whom notice must be provided pursuant to this paragraph, by electronic means if receipt of such an electronic notice can be verified, to:
(1) The applicant;
(2) Each owner or tenant of real property located within 1,000 feet of the property in question;
(3) The owner, as listed on the county assessors records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (2);
(4) If a mobile home park or multiple-unit residence is located within 1,000 feet of the property in question, each tenant of that mobile home park or multiple-unit residence;
(5) Any advisory board that has been established for the affected area by the governing body;
(6) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;
(7) The State Fire Marshal; and
(8) The Administrator of the Division of Industrial Relations of the Department of Business and Industry; and
(b) Published in a newspaper of general circulation within the city or county in which the property in question is located.
3. The notice required by subsection 2 must:
(a) Be written in language that is easy to understand; and
κ2003 Statutes of Nevada, Page 1612 (CHAPTER 296, SB 127)κ
(b) Include a physical description or map of the property in question and a description of all explosives, and all substances described in subsection 1, that will be located at the facility.
4. In considering the application, the planning commission shall:
(a) Consult with:
(1) Local emergency planning committees;
(2) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;
(3) The State Fire Marshal;
(4) The Administrator of the Division of Industrial Relations of the Department of Business and Industry; and
(5) The governing body of any other city or county that may be affected by the operation of the facility; and
(b) Consider fully the effect the facility will have on the health and safety of the residents of the city, county or region.
5. The planning commission shall, within a reasonable time after the public hearing, submit to the governing body its recommendations for any actions to be taken on the application. If the planning commission recommends that a conditional use permit be granted to the applicant, [it] the planning commission shall include in its recommendations such terms and conditions for the operation of the facility as it deems necessary for the protection of the health and safety of the residents of the city, county or region.
6. The governing body shall, within 30 days after the receipt of the recommendations of the planning commission, hold a public hearing to consider the application. The governing body shall:
(a) Cause notice of the hearing to be given in the manner prescribed by subsection 2; and
(b) Grant or deny the conditional use permit within 30 days after the public hearing.
7. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.
8. [Except as otherwise provided in subsection 9, as] As used in this section, explosive [means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing or combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture, device or any part thereof may cause an explosion.
9. For the purposes of this section, an explosive does not include:
(a) Ammunition for small arms, or any component thereof;
(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:
(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or
(2) In an antique device which is exempted from the definition of destructive device pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or
κ2003 Statutes of Nevada, Page 1613 (CHAPTER 296, SB 127)κ
(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.] means a material subject to regulation as an explosive pursuant to NRS 459.3816.
Sec. 22. NRS 459.3804, 459.3807, 459.3808, 459.3812, 459.3826, 459.3828, 459.383, 459.3836, 459.3837, 459.384, 459.3842, 459.3844, 459.3846, 459.3848, 459.385, 459.3852, 459.3854, 459.3856, 459.3858 and 459.386 are hereby repealed.
Sec. 23. Any regulations adopted by the Division of Environmental Protection of the State Department of Conservation and Natural Resources pursuant to a provision of NRS which was amended or repealed by this act remain in force until amended by the State Environmental Commission and such regulations may be enforced by the Division.
Sec. 24. Notwithstanding the amendatory provisions of section 7 of this act, any administrative regulations adopted pursuant to NRS 459.3816 on or before October 1, 2003, remain in effect unless later amended or repealed.
Sec. 25. 1. This section and section 23 of this act become effective upon passage and approval.
2. Sections 1 to 22, inclusive, and 24 of this act become effective upon passage and approval for the purpose of adopting regulations and on October 1, 2003, for all other purposes.
________
Senate Bill No. 240Senator Townsend
CHAPTER 297
AN ACT relating to public employees; making certain provisions apply retroactively to allow certain benefits to be made available to the surviving spouses and children of certain police officers and firemen killed in the line of duty; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 7 of chapter 506, Statutes of Nevada 1999, at page 2610, is hereby amended to read as follows:
Sec. 7. This act becomes effective upon passage and approval [.] and applies retroactively to January 1, 1998.
Sec. 2. Notwithstanding the provisions of NRS 287.021 or 287.0477 concerning notice, if a surviving spouse or child who was not eligible for the benefits set forth in NRS 287.021 or 287.0477 before the effective date of this act becomes eligible for those benefits by the retroactive operation of the amendatory provisions of section 1 of this act, the surviving spouse or child must notify in writing the public agency, the participating public agency or the Board of the Public Employees Benefits Program, as appropriate under NRS 287.021 or 287.0477, not later than 60 days after the effective date of this act to be entitled to the benefits set forth in NRS 287.021 or 287.0477.
κ2003 Statutes of Nevada, Page 1614 (CHAPTER 297, SB 240)κ
NRS 287.021 or 287.0477, not later than 60 days after the effective date of this act to be entitled to the benefits set forth in NRS 287.021 or 287.0477.
Sec. 3. 1. If a public agency is required pursuant to NRS 287.021 and the amendatory provisions of section 1 of this act to pay the entire cost of the premiums or contributions for the group insurance or medical and hospital service for a surviving spouse or child who notifies the public agency pursuant to section 2 of this act, the public agency is not required to:
(a) Reimburse the surviving spouse or child for any payments made by or on behalf of the surviving spouse or child between January 1, 1998, and the effective date of this act for the group insurance or medical and hospital service; or
(b) Pay or reimburse the surviving spouse or child for any medical expenses incurred by or on behalf of the surviving spouse or child between January 1, 1998, and the effective date of this act.
2. If a participating public agency is required pursuant to NRS 287.0477 and the amendatory provisions of section 1 of this act to pay the entire cost of the premiums or contributions for the Public Employees Benefits Program or any other insurer or employee benefit plan approved by the Board of the Public Employees Benefits Program pursuant to NRS 287.0479 for a surviving spouse or child who meets the requirements set forth in subsection 1 of NRS 287.0477 and who notifies the participating public agency pursuant to section 2 of this act, the participating public agency is not required to:
(a) Reimburse the surviving spouse or child for any payments made by or on behalf of the surviving spouse or child between January 1, 1998, and the effective date of this act for the Public Employees Benefits Program or any other insurer or employee benefit plan approved by the Board of the Public Employees Benefits Program pursuant to NRS 287.0479; or
(b) Pay or reimburse the surviving spouse or child for any medical expenses incurred by or on behalf of the surviving spouse or child between January 1, 1998, and the effective date of this act.
3. If the State of Nevada is required pursuant to NRS 287.0477 and the amendatory provisions of section 1 of this act to pay the entire cost of the premiums or contributions for the Public Employees Benefits Program for a surviving spouse or child who elects to join the Public Employees Benefits Program pursuant to subsection 2 of NRS 287.0477 and who notifies the Board of the Public Employees Benefits Program pursuant to section 2 of this act, the State of Nevada is not required to:
(a) Reimburse the surviving spouse or child for any payments made by or on behalf of the surviving spouse or child between January 1, 1998, and the effective date of this act for the Public Employees Benefits Program; or
(b) Pay or reimburse the surviving spouse or child for any medical expenses incurred by or on behalf of the surviving spouse or child between January 1, 1998, and the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 1615κ
Senate Bill No. 280Senator Tiffany
CHAPTER 298
AN ACT relating to state purchasing; imposing in certain circumstances an inverse preference with respect to bids and proposals submitted by bidders and contractors who are residents of another state; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:
For the purpose of awarding a contract pursuant to this chapter, if a person who submits a bid or proposal:
1. Is a resident of a state other than the State of Nevada; and
2. That other state, with respect to contracts awarded by that other state or agencies of that other state, applies to bidders or contractors who are residents of that state a preference which is not afforded to bidders or contractors who are residents of the State of Nevada,
the person or entity responsible for awarding the contract pursuant to this chapter shall, insofar as is practicable, increase the persons bid or proposal by an amount that is substantially equivalent to the preference that the other state of which the person is a resident denies to bidders or contractors who are residents of the State of Nevada.
Sec. 2. NRS 333.310 is hereby amended to read as follows:
333.310 1. An advertisement must contain a general description of the classes of commodities or services for which a bid or proposal is wanted and must state:
(a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) If the advertisement is for bids, whether the Chief is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids if:
(1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(2) The purchase of the alternative article results in a lower price; and
(3) The Chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.
(d) A summary of the provisions of section 1 of this act.
(e) The date and time not later than which responses must be received by the Purchasing Division.
[(e)] (f) The date and time when responses will be opened.
The Chief or his designated agent shall approve the copy for the advertisement.
2. Each advertisement must be published in at least one newspaper of general circulation in the State. The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation.
κ2003 Statutes of Nevada, Page 1616 (CHAPTER 298, SB 280)κ
purchases, on the basis of the lowest price to be secured in relation to the paid circulation.
Sec. 3. NRS 333.335 is hereby amended to read as follows:
333.335 1. Each proposal must be evaluated by:
(a) The chief of the using agency, or a committee appointed by the chief of the using agency in accordance with the regulations adopted pursuant to NRS 333.135, if the proposal is for a using agency; or
(b) The Chief of the Purchasing Division, or a committee appointed by the Chief in accordance with the regulations adopted pursuant to NRS 333.135, if he is responsible for administering the proposal.
2. A committee appointed pursuant to subsection 1 must consist of not less than two members. A majority of the members of the committee must be state officers or employees. The committee may include persons who are not state officers or employees and possess expert knowledge or special expertise that the chief of the using agency or the Chief of the Purchasing Division determines is necessary to evaluate a proposal. The members of the committee are not entitled to compensation for their service on the committee, except that members of the committee who are state officers or employees are entitled to receive their salaries as state officers and employees. No member of the committee may have a financial interest in a proposal.
3. In making an award, the chief of the using agency, the Chief of the Purchasing Division or each member of the committee, if a committee is established, shall consider and assign a score for each of the following factors for determining whether the proposal is in the best interests of the State of Nevada:
(a) The experience and financial stability of the person submitting [a] the proposal;
(b) Whether the proposal complies with the requirements of the request for proposals as prescribed in NRS 333.311;
(c) The price of the proposal [;] including the imposition of an inverse preference described in section 1 of this act, if applicable; and
(d) Any other factor disclosed in the request for proposals.
4. The chief of the using agency, the Chief of the Purchasing Division or the committee, if a committee is established, shall determine the relative weight of each factor set forth in subsection 3 before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted.
5. The chief of the using agency, the Chief of the Purchasing Division or the committee, if a committee is established, shall award the contract based on the best interests of the State, as determined by the total scores assigned pursuant to subsection 3, and is not required to accept the lowest-priced proposal.
6. Each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.
Sec. 4. NRS 333.340 is hereby amended to read as follows:
333.340 1. Every contract or order for goods must be awarded to the lowest responsible bidder. To determine the lowest responsible bidder, the Chief : [may consider:]
(a) Shall consider, if applicable, the imposition of the inverse preference described in section 1 of this act.
(b) May consider:
κ2003 Statutes of Nevada, Page 1617 (CHAPTER 298, SB 280)κ
(1) The location of the using agency to be supplied.
[(b)] (2) The qualities of the articles to be supplied.
[(c)] (3) The total cost of ownership of the articles to be supplied.
[(d)] (4) Except as otherwise provided in [paragraph (e),] subparagraph (5), the conformity of the articles to be supplied with the specifications.
[(e)] (5) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:
[(1)] (I) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
[(2)] (II) The purchase of the alternative article results in a lower price; and
[(3)] (III) The Chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.
[(f)] (6) The purposes for which the articles to be supplied are required.
[(g)] (7) The dates of delivery of the articles to be supplied.
2. If a contract or an order is not awarded to the lowest bidder, the Chief shall provide the lowest bidder with a written statement which sets forth the specific reasons that the contract or order was not awarded to him.
3. As used in this section, total cost of ownership includes, but is not limited to:
(a) The history of maintenance or repair of the articles;
(b) The cost of routine maintenance and repair of the articles;
(c) Any warranties provided in connection with the articles;
(d) The cost of replacement parts for the articles; and
(e) The value of the articles as used articles when given in trade on a subsequent purchase.
Sec. 5. This act becomes effective on July 1, 2003.
________
Senate Bill No. 413Committee on Finance
CHAPTER 299
AN ACT relating to the University and Community College System of Nevada; revising the definition of pledged revenues for the purposes of the University Securities Law; increasing the total authorized principal amount of certain revenue bonds that the Board of Regents may issue for facilities at the University of Nevada, Reno, and the University of Nevada, Las Vegas; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.828 is hereby amended to read as follows:
396.828 Pledged revenues means the money pledged wholly or in part for the payment of bonds or other securities issued hereunder [,] and, subject to any existing pledges or other contractual limitations, may include at the Boards discretion, all loans, grants or contributions to the University or the Board, if any, conditional or unconditional, from the Federal Government, the State, any public body or other donor for the payment of the principal of, the interest on [,] and any prior redemption premiums due in connection with any securities issued hereunder, or any combination thereof, and may include income or money derived from one, all or any combination of the following sources of revenue, including, without limitation, student fees and other fees, rates and charges appertaining thereto:
κ2003 Statutes of Nevada, Page 1618 (CHAPTER 299, SB 413)κ
or the Board, if any, conditional or unconditional, from the Federal Government, the State, any public body or other donor for the payment of the principal of, the interest on [,] and any prior redemption premiums due in connection with any securities issued hereunder, or any combination thereof, and may include income or money derived from one, all or any combination of the following sources of revenue, including, without limitation, student fees and other fees, rates and charges appertaining thereto:
1. Dormitories, apartments and other facilities for housing;
2. Cafeterias, dining halls and other facilities for food service;
3. Student union and other facilities for student activities;
4. Store or other facilities for the sale or lease of books, stationery, student supplies, faculty supplies, office supplies and like material;
5. Stadium, arena, theater, field house and other athletic or recreational facilities for use in part by spectators or otherwise;
6. Land and any structures, other facilities, or other improvements thereon used or available for use for the parking of vehicles used for the transportation by land or air of persons to or from such land and any improvements thereon;
7. Properties for providing heat or any other utility furnished by the University or the Board to any facilities on its campus;
8. Investments and reinvestments of unrestricted endowments;
9. Any revenue derived from or otherwise pertaining to the imposition and collection of fees for dental services provided at a facility of the University; and
10. Facilities of the [Desert Research Institute,] University or the Board, including, without limitation, money from:
(a) Grants [to the Desert Research Institute] by any person or the Federal Government;
(b) Contracts and leases [between the Desert Research Institute and] with any person or governmental entity;
(c) The operation of any buildings, structures or other facilities of the University or the Board;
(d) The investment of any money of the Desert Research Institute; and
[(d)] (e) Any other revenue received by the Desert Research Institute, or by the Board on behalf of the Desert Research Institute pursuant to NRS 396.795 to 396.7956, inclusive.
Sec. 2. NRS 396.829 is hereby amended to read as follows:
396.829 The term pledged revenues does not include any of the following:
1. The proceeds of any tuition charges and registration fees;
2. The principal of any endowments, restricted or unrestricted;
3. The proceeds of any levy of any general (ad valorem) property taxes; and
4. The proceeds of any grants, appropriations or other donations from the Federal Government, this state or any other donor except as otherwise provided in NRS 396.828 and any other statute which may authorize the pledge of particular revenues . [; and
5. The income or moneys derived from the operation of any buildings, structures, or other facilities of the University or the Board not designated in NRS 396.828.]
κ2003 Statutes of Nevada, Page 1619 (CHAPTER 299, SB 413)κ
Sec. 3. Section 5 of chapter 501, Statutes of Nevada 1991, as last amended by chapter 585, Statutes of Nevada 2001, at page 3006, is hereby amended to read as follows:
Sec. 5. 1. The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding [$110,500,000] $176,000,000 for facilities at the University of Nevada, Reno, and in a total principal amount not exceeding [$106,500,000] $199,000,000 for facilities at the University of Nevada, Las Vegas, $35,000,000 of which may be used for the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school;
(b) To issue such bonds and other securities in connection with the projects in one series or more at any time or from time to time within 18 years after the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitation in paragraph (a);
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, proceeds of securities authorized by this act; and
(d) To exercise the incidental powers provided in this University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.
2. If the board determines to sell the bonds authorized by subsection 1 at a discount from their face amount, the principal amount of bonds which the board is authorized to issue provided in subsection 1 is increased by an amount equal to the discount at which the bonds are sold.
3. This act does not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 1620κ
Senate Bill No. 440Committee on Government Affairs
CHAPTER 300
AN ACT relating to taxation; providing for the postponement of the payment of property taxes in cases of severe economic hardship under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. As used in sections 2 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Claim means a claim for the postponement of the payment of property tax filed pursuant to section 11 of this act.
Sec. 4. Household means a claimant and a spouse, parent, child or sibling, or any combination thereof.
Sec. 5. Income means adjusted gross income, as defined in the Internal Revenue Code, and includes:
1. Tax-free interest;
2. The untaxed portion of a pension or annuity;
3. Railroad retirement benefits;
4. Veterans pensions and compensation;
5. Payments received pursuant to the federal Social Security Act, including supplemental security income, but excluding hospital and medical insurance benefits for the aged and disabled;
6. Public welfare payments, including allowances for shelter;
7. Unemployment insurance benefits;
8. Payments for lost time;
9. Payments received from disability insurance;
10. Disability payments received pursuant to workers compensation insurance;
11. Alimony;
12. Support payments;
13. Allowances received by dependents of servicemen;
14. The amount of recognized capital gains and losses excluded from adjusted gross income;
15. Life insurance proceeds in excess of $5,000;
16. Bequests and inheritances; and
17. Gifts of cash of more than $300 not between household members and such other kinds of cash received by a household as the Department specifies by regulation.
Sec. 6. Occupied by the owner means that a single-family residence and the appurtenant land are held for the exclusive use of an owner, or one or more of the owners, and not rented, leased or otherwise made available for exclusive occupancy by a person other than an owner or the owners.
κ2003 Statutes of Nevada, Page 1621 (CHAPTER 300, SB 440)κ
made available for exclusive occupancy by a person other than an owner or the owners.
Sec. 7. Property tax accrued means property taxes, excluding special assessments, delinquent taxes and interest, levied on a claimants single-family residence located in this state.
Sec. 8. Single-family residence includes:
1. A single dwelling unit and all land appurtenant thereto.
2. An individually owned residential unit that is an integral part of a larger complex and all land included in the assessed valuation of the individually owned unit.
Sec. 9. 1. The owner of a single-family residence may file a claim to postpone the payment of all or any part of the property tax accrued against his residence if:
(a) The residence is placed upon the secured or unsecured tax roll and has an assessed value of not more than $175,000;
(b) He or any other owner of the residence does not own any other real property in this state that has an assessed value of more than $30,000;
(c) The residence has been occupied by the owner for at least 6 months;
(d) The owner is not the subject of any proceeding for bankruptcy;
(e) The owner owes no delinquent property taxes on the residence for a year other than the year in which the application is submitted;
(f) The owner has suffered severe economic hardship that was caused by circumstances beyond his control including, without limitation, an illness or a disability that is expected to last for a continuous period of at least 12 months; and
(g) The total annual income of the members of the owners household is at or below the federally designated level signifying poverty.
2. The amount of property tax that may be postponed pursuant to the provisions of sections 2 to 21, inclusive, of this act may not exceed the amount of property tax that will accrue against the single-family residence in the succeeding 3 fiscal years.
Sec. 10. If two or more members of a household are eligible to file a claim pursuant to section 11 of this act, the members may determine between themselves who will be the claimant. If they are unable to agree, the matter must be referred to the Nevada Tax Commission and its decision is final. Only one claim may be filed for any household.
Sec. 11. 1. A claim must be filed with the county treasurer of the county in which the claimants single-family residence is located.
2. The claim must be made under oath and filed in such form and content, and be accompanied by such information, as the Department may prescribe to determine the eligibility of the claimant to file the claim.
3. The claim must be signed by:
(a) The owner or owners of the property;
(b) Any person of lawful age, authorized by an executed power of attorney to sign an application on behalf of any person described in paragraph (a); or
(c) The guardian or conservator of any person described in paragraph (a) or the executor or administrator of such a persons estate.
4. The Department or county treasurer shall provide the appropriate form for filing such a claim to each claimant.
κ2003 Statutes of Nevada, Page 1622 (CHAPTER 300, SB 440)κ
Sec. 12. 1. A county treasurer shall, within 30 days after receiving a claim pursuant to section 11 of this act, determine:
(a) Whether the claimant is eligible to postpone the payment of the property taxes accrued against his single-family residence;
(b) The amount of property tax, if any, that will be postponed; and
(c) The period for which the property tax will be postponed.
2. The county treasurer shall notify the claimant of his decision by first-class mail.
3. Any claimant aggrieved by a decision of the county treasurer may submit a written petition for a review of that decision to the Nevada Tax Commission within 30 days after the claimant receives notice of the decision.
4. Any claimant aggrieved by a decision of the Nevada Tax Commission is entitled to judicial review.
Sec. 13. 1. If a claim is approved, the county treasurer of the county in which the single-family residence is located shall issue to the claimant a certificate of eligibility. The certificate must be in a form prescribed by the Department and include:
(a) The name of the claimant;
(b) A legal description of the single-family residence for which the claimant filed the claim;
(c) The amount of the property tax accrued against the single-family residence that will be postponed;
(d) The period for which the property tax will be postponed; and
(e) Such other information as the Department may require.
2. The county treasurer shall cause to be recorded with the county recorder of the county in which the single-family residence is located a copy of the certificate of eligibility issued pursuant to subsection 1 within 10 days after the claim is approved. The postponement of the payment of the taxes becomes effective on the date on which the certificate is filed with the county recorder.
Sec. 14. Interest accrues on the amount of property tax postponed pursuant to sections 2 to 21, inclusive, of this act at the rate of 6 percent of the total amount postponed as of the date the postponed taxes are paid or become due and payable. Except as otherwise provided in subsection 8 of NRS 361.483, no other penalties or interest accrue during the period of postponement.
Sec. 15. 1. Any property tax postponed pursuant to sections 2 to 21, inclusive, of this act is a perpetual lien against the single-family residence on which it accrued until the tax and any penalties and interest which may accrue thereon are paid.
2. The lien attaches from the date on which a certificate of eligibility is recorded with the county recorder of the county in which the single-family residence is located pursuant to section 13 of this act.
3. The property tax postponed must be collected in the manner provided in this chapter for all taxable property in this state upon becoming due and payable pursuant to sections 2 to 21, inclusive, of this act.
Sec. 16. A claimant who has postponed the payment of property tax pursuant to sections 2 to 21, inclusive, of this act may submit to the county treasurer of the county in which the single-family residence is located a request for a statement of the total amount postponed as of the date of the request and the interest accrued thereon.
κ2003 Statutes of Nevada, Page 1623 (CHAPTER 300, SB 440)κ
the request and the interest accrued thereon. Upon the receipt of such a request, the county treasurer shall prepare such a statement and provide the claimant with a copy of the statement.
Sec. 17. 1. Except as otherwise provided in section 18 of this act, the payment of property tax postponed pursuant to sections 2 to 21, inclusive, of this act becomes due and payable:
(a) If the single-family residence ceases to be occupied by the claimant, or the claimant sells or otherwise disposes of his possessory interest in the residence;
(b) If the claimant allows any property tax that has not been postponed on the single-family residence to become delinquent during the period of postponement;
(c) When the period for which the property tax will be postponed expires, as indicated in the claimants certificate of eligibility; or
(d) If the claimant dies. If a surviving spouse or other member of the household is eligible to file a claim to postpone the payment of property tax accrued on the single-family residence continues to occupy the residence, the amounts postponed are not due unless that member of the household dies or ceases to occupy the residence.
2. Payments on the amount of property tax postponed may be made before they become due and payable.
Sec. 18. A county treasurer shall deny any claim to which a claimant is not entitled. A county treasurer may deny any claim which he finds to have been filed with fraudulent intent. If any such claim has been approved and is afterward revoked, the amount of the property tax that was postponed together with a 10 percent penalty becomes due and payable. If the tax and penalty are not paid, the amount must be assessed against any real or personal property owned by the claimant.
Sec. 19. Any person who willfully makes a materially false statement or uses any other fraudulent device to secure for himself or any other person the postponed payment of property tax pursuant to the provisions of sections 2 to 21, inclusive, of this act is guilty of a gross misdemeanor.
Sec. 20. 1. The Department is responsible for the administration of the provisions of sections 2 to 21, inclusive, of this act.
2. The Department may:
(a) Prescribe the content and form of claims and approve any form used by a county treasurer.
(b) Designate the information required to be submitted for substantiation of claims.
(c) Establish criteria for determining the circumstances under which a claim may be filed by one of two eligible persons.
(d) Prescribe that a claimants ownership of his single-family residence must be shown of record.
(e) Verify and audit any claims, statements or other records made pursuant to the provisions of sections 2 to 21, inclusive, of this act.
(f) Adopt regulations to ensure the confidentiality of information provided by claimants.
(g) Adopt such other regulations as may be required to carry out the provisions of sections 2 to 21, inclusive, of this act.
Sec. 21. Except as otherwise provided by specific statute, no person may publish, disclose or use any personal or confidential information contained in a claim except for purposes connected with the administration of the provisions of sections 2 to 20, inclusive, of this act.
κ2003 Statutes of Nevada, Page 1624 (CHAPTER 300, SB 440)κ
contained in a claim except for purposes connected with the administration of the provisions of sections 2 to 20, inclusive, of this act.
Sec. 22. NRS 361.450 is hereby amended to read as follows:
361.450 1. Except as otherwise provided in subsection 3, every tax levied under the provisions of or authority of this chapter is a perpetual lien against the property assessed until the tax and any penalty charges and interest which may accrue thereon are paid.
2. Except as otherwise provided in this subsection [,] and section 15 of this act, the lien attaches on July 1 of the year for which the taxes are levied, upon all property then within the county. The lien attaches upon all migratory property, as described in NRS 361.505, on the day it is moved into the county. If real and personal property are assessed against the same owner, a lien attaches upon such real property also for the tax levied upon the personal property within the county . [; and a] A lien for taxes on personal property also attaches upon real property assessed against the same owner in any other county of the State from the date on which a certified copy of any unpaid property assessment is filed for record with the county recorder in the county in which the real property is situated.
3. All liens for taxes levied under this chapter which have already attached to a mobile or manufactured home expire on the date when the mobile or manufactured home is sold, except the liens for personal property taxes due in the county in which the mobile or manufactured home was situate at the time of sale, for any part of the 12 months immediately preceding the date of sale.
4. All special taxes levied for city, town, school, road or other purposes throughout the different counties of this state are a lien on the property so assessed, and must be assessed and collected by the same officer at the same time and in the same manner as the state and county taxes are assessed and collected.
Sec. 23. NRS 361.483 is hereby amended to read as follows:
361.483 1. Except as otherwise provided in subsection 5 [,] and sections 2 to 21, inclusive, of this act, taxes assessed upon the real property tax roll and upon mobile or manufactured homes are due on the third Monday of August.
2. Taxes assessed upon the real property tax roll may be paid in four approximately equal installments if the taxes assessed on the parcel exceed $100.
3. Taxes assessed upon a mobile or manufactured home may be paid in four installments if the taxes assessed exceed $100.
4. Except as otherwise provided in NRS 361.505, taxes assessed upon personal property may be paid in four approximately equal installments if:
(a) The total personal property taxes assessed exceed $10,000;
(b) Not later than July 31, the taxpayer returns to the county assessor the written statement of personal property required pursuant to NRS 361.265;
(c) The taxpayer files with the county assessor, or county treasurer if the county treasurer has been designated to collect taxes, a written request to be billed in quarterly installments and includes with the request a copy of the written statement of personal property required pursuant to NRS 361.265; and
(d) The business has been in existence for at least 3 years if the personal property assessed is the property of a business.
κ2003 Statutes of Nevada, Page 1625 (CHAPTER 300, SB 440)κ
5. If a person elects to pay in installments, the first installment is due on the third Monday of August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.
6. If any person charged with taxes which are a lien on real property fails to pay:
(a) Any one installment of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.
(b) Any two installments of the taxes, together with accumulated penalties, on or within 10 days following the day the later installment of taxes becomes due, there must be added thereto a penalty of 5 percent of the two installments due.
(c) Any three installments of the taxes, together with accumulated penalties, on or within 10 days following the day the latest installment of taxes becomes due, there must be added thereto a penalty of 6 percent of the three installments due.
(d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the first Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.
7. Any person charged with taxes which are a lien on a mobile or manufactured home who fails to pay the taxes within 10 days after an installment payment is due is subject to the following provisions:
(a) A penalty of 10 percent of the taxes due; and
(b) The county assessor may proceed under NRS 361.535.
8. If any property tax postponed pursuant to sections 2 to 21, inclusive, of this act becomes due and payable and the person charged with that tax fails to make the required payment within 10 days after it becomes due, there must be added thereto a penalty of 7 percent of the amount of the tax that is due. If the required payment is not paid within 30 days after it becomes due, there must be added thereto all penalties and interest that would have accrued had the property tax not been postponed pursuant to sections 2 to 21, inclusive, of this act.
9. The ex officio tax receiver of a county shall notify each person in the county who is subject to a penalty pursuant to this section of the provisions of NRS 360.419 and 361.4835.
Sec. 24. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 1626κ
Senate Bill No. 469Committee on Taxation
CHAPTER 301
AN ACT relating to taxation; revising the formula for the distribution of certain revenues among local governments; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.680 is hereby amended to read as follows:
360.680 1. On or before July 1 of each year, the Executive Director shall allocate to each enterprise district an amount equal to the amount that the enterprise district received from the Account in the immediately preceding fiscal year.
2. Except as otherwise provided in NRS 360.690 and 360.730, the Executive Director, after subtracting the amount allocated to each enterprise district pursuant to subsection 1, shall allocate to each local government or special district which is eligible for an allocation from the Account pursuant to NRS 360.670 an amount from the Account that is equal to the amount allocated to the local government or special district for the preceding fiscal year, minus any excess amount allocated pursuant to subsection 4 , 5 or 6 of NRS 360.690, multiplied by 1 plus the percentage change in the Consumer Price Index (All Items) for the year ending on December 31 immediately preceding the year in which the allocation is made.
Sec. 2. NRS 360.690 is hereby amended to read as follows:
360.690 1. Except as otherwise provided in NRS 360.730, the Executive Director shall estimate monthly the amount each local government, special district and enterprise district will receive from the Account pursuant to the provisions of this section.
2. The Executive Director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12, and the State Treasurer shall, except as otherwise provided in subsections 3 [, 4 and 5,] to 7, inclusive, remit monthly that amount to each local government, special district and enterprise district.
3. If, after making the allocation to each enterprise district for the month, the Executive Director determines there is not sufficient money available in the countys subaccount in the Account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the countys subaccount and allocate to each local government and special district an amount equal to [the] its proportionate percentage of [the amount that the local government or special district received from] the total amount [which was distributed to] of the base monthly allocations determined pursuant to subsection 2 for all local governments and special districts within the county . [for the fiscal year immediately preceding the year in which the allocation is made.]
κ2003 Statutes of Nevada, Page 1627 (CHAPTER 301, SB 469)κ
is made.] The State Treasurer shall remit that amount to the local government or special district.
4. Except as otherwise provided in [subsection] subsections 5, 6 and 7, if the Executive Director determines that there is money remaining in the countys subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:
(a) Local governments share of the remaining money by:
(1) Multiplying one-twelfth of the sum of:
(I) Seventy-five percent of the amount allocated pursuant to NRS 360.680 multiplied by the sum of the average percentage of change in the population of the local government [for the fiscal year immediately preceding the year in which the allocation is made and the 4] over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection [6,] 8, and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(II) Twenty-five percent of the amount allocated pursuant to NRS 360.680 multiplied by 1 plus the sum of the average percentage of change in the population of the local government [for the fiscal year immediately preceding the year in which the allocation is made and the 4] over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection [6,] 8, and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
(b) Special districts share of the remaining money by:
(1) Multiplying one-twelfth of the sum of:
(I) Seventy-five percent of the amount allocated pursuant to NRS 360.680 multiplied by the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the [5] year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
κ2003 Statutes of Nevada, Page 1628 (CHAPTER 301, SB 469)κ
fiscal years immediately preceding the year in which the allocation is made; and
(II) Twenty-five percent of the amount allocated pursuant to NRS 360.680 multiplied by 1 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the [5] year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
5. Except as otherwise provided in subsection 7, if the Executive Director determines that there is money remaining in the countys subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, that the sum of the average percentage of change in population and the average percentage of change in the assessed valuation of taxable property, as calculated pursuant to sub-subparagraph (I) of subparagraph (1) of paragraph (a) of subsection 4 for each of those local governments, is a negative figure, and that the average change in the assessed valuation of the taxable property in each of those special districts, as calculated pursuant to sub-subparagraph (I) of subparagraph (1) of paragraph (b) of subsection 4, is a negative figure, he shall immediately determine and allocate each:
(a) Local governments share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:
(I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 8; and
(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
κ2003 Statutes of Nevada, Page 1629 (CHAPTER 301, SB 469)κ
local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
(b) Special districts share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
6. Except as otherwise provided in subsection 7, if the Executive Director determines that there is money remaining in the countys subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, that the sum of the average percentage of change in population and the average percentage of change in the assessed valuation of taxable property, as calculated pursuant to sub-subparagraph (I) of subparagraph (1) of paragraph (a) of subsection 4 for each of those local governments, is a negative figure, and that the average change in the assessed valuation of the taxable property in any of those special districts, as calculated pursuant to sub-subparagraph (I) of subparagraph (1) of paragraph (b) of subsection 4, is a positive figure, he shall immediately determine and allocate each:
(a) Local governments share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:
(I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 8; and
(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
κ2003 Statutes of Nevada, Page 1630 (CHAPTER 301, SB 469)κ
local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
(b) Special districts share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:
(I) Average percentage of change in the population of the county over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 8; and
(II) Average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
7. The Executive Director shall not allocate any amount to a local government or special district pursuant to subsection 4, 5 or 6 unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the Executive Director determines there is money remaining in the countys subaccount in the Account after the distribution for the month has been made, he shall:
(a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and
(b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the countys subaccount in the Account to determine which amount is greater.
If the Executive Director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the countys subaccount in the Account pursuant to the provisions of subsection 3. If the Executive Director determines that the amount of money remaining in the countys subaccount in the Account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the State Treasurer shall remit that money so allocated. The Executive Director shall allocate any additional money in the countys subaccount in the Account pursuant to the provisions of subsection 4 [.
κ2003 Statutes of Nevada, Page 1631 (CHAPTER 301, SB 469)κ
shall allocate any additional money in the countys subaccount in the Account pursuant to the provisions of subsection 4 [.
6.] , 5 or 6, as appropriate.
8. The percentage [change] changes in population calculated pursuant to [paragraph (a) of subsection] subsections 4 , 5 and 6 must:
(a) Except as otherwise provided in paragraph (c), if the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the Governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.
(b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.
(c) If a local government files a formal appeal with the Bureau of the Census [of the United States Department of Commerce] concerning the population total of the local government issued by the Bureau of the Census, be calculated using the population total certified by the Governor pursuant to NRS 360.285 until the appeal is resolved. If additional money is allocated to the local government because the population total certified by the Governor is greater than the population total issued by the Bureau of the Census, the State Treasurer shall deposit that additional money in a separate interest-bearing account. Upon resolution of the appeal, if the population total finally determined pursuant to the appeal is:
(1) Equal to or less than the population total initially issued by the Bureau of the Census, the State Treasurer shall transfer the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, to the Local Government Tax Distribution Account for allocation among the local governments in the county pursuant to subsection 4 [.] , 5 or 6, as appropriate.
(2) Greater than the population total initially issued by the Bureau of the Census, the Executive Director shall calculate the amount that would have been allocated to the local government pursuant to subsection 4 , 5 or 6, as appropriate, if the population total finally determined pursuant to the appeal had been used and the State Treasurer shall remit to the local government an amount equal to the difference between the amount actually distributed and the amount calculated pursuant to this subparagraph or the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, whichever is less.
[7.] 9. On or before February 15 of each year, the Executive Director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the Account for that fiscal year.
[8.] 10. On or before March 15 of each year, the Executive Director shall:
(a) Make an estimate of the receipts from each tax included in the Account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the Account; and
(b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
κ2003 Statutes of Nevada, Page 1632 (CHAPTER 301, SB 469)κ
enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
[9.] 11. A local government, special district or enterprise district may use the estimate provided by the Executive Director pursuant to subsection [8] 10 in the preparation of its budget.
Sec. 3. NRS 360.690 is hereby amended to read as follows:
360.690 1. Except as otherwise provided in NRS 360.730, the Executive Director shall estimate monthly the amount each local government, special district and enterprise district will receive from the Account pursuant to the provisions of this section.
2. The Executive Director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12, and the State Treasurer shall, except as otherwise provided in subsections 3 [, 4 and 5,] to 7, inclusive, remit monthly that amount to each local government, special district and enterprise district.
3. If, after making the allocation to each enterprise district for the month, the Executive Director determines there is not sufficient money available in the countys subaccount in the Account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the countys subaccount and allocate to each local government and special district an amount equal to [the] its proportionate percentage of [the amount that the local government or special district received from] the total amount [which was distributed to] of the base monthly allocations determined pursuant to subsection 2 for all local governments and special districts within the county . [for the fiscal year immediately preceding the year in which the allocation is made.] The State Treasurer shall remit that amount to the local government or special district.
4. Except as otherwise provided in [subsection] subsections 5, 6 and 7, if the Executive Director determines that there is money remaining in the countys subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:
(a) Local governments share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by the sum of the:
(I) Average percentage of change in the population of the local government [for the fiscal year immediately preceding the year in which the allocation is made and the 4] over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection [6;] 8; and
(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
κ2003 Statutes of Nevada, Page 1633 (CHAPTER 301, SB 469)κ
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
(b) Special districts share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the [5] year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
5. Except as otherwise provided in subsection 7, if the Executive Director determines that there is money remaining in the countys subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, that the sum of the average percentage of change in population and the average percentage of change in the assessed valuation of taxable property, as calculated pursuant to subparagraph (1) of paragraph (a) of subsection 4 for each of those local governments, is a negative figure, and that the average change in the assessed valuation of the taxable property in each of those special districts, as calculated pursuant to subparagraph (1) of paragraph (b) of subsection 4, is a negative figure, he shall immediately determine and allocate each:
(a) Local governments share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:
(I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 8; and
(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
κ2003 Statutes of Nevada, Page 1634 (CHAPTER 301, SB 469)κ
proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
(b) Special districts share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
6. Except as otherwise provided in subsection 7, if the Executive Director determines that there is money remaining in the countys subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, that the sum of the average percentage of change in population and the average percentage of change in the assessed valuation of taxable property, as calculated pursuant to subparagraph (1) of paragraph (a) of subsection 4 for each of those local governments, is a negative figure, and that the average change in the assessed valuation of the taxable property in any of those special districts, as calculated pursuant to subparagraph (1) of paragraph (b) of subsection 4, is a positive figure, he shall immediately determine and allocate each:
(a) Local governments share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:
(I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 8; and
(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
κ2003 Statutes of Nevada, Page 1635 (CHAPTER 301, SB 469)κ
the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
(b) Special districts share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:
(I) Average percentage of change in the population of the county over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 8; and
(II) Average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
7. The Executive Director shall not allocate any amount to a local government or special district pursuant to subsection 4, 5 or 6 unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the Executive Director determines there is money remaining in the countys subaccount in the Account after the distribution for the month has been made, he shall:
(a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and
(b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the countys subaccount in the Account to determine which amount is greater.
If the Executive Director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the countys subaccount in the Account pursuant to the provisions of subsection 3. If the Executive Director determines that the amount of money remaining in the countys subaccount in the Account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the State Treasurer shall remit that money so allocated.
κ2003 Statutes of Nevada, Page 1636 (CHAPTER 301, SB 469)κ
the base monthly allocation determined pursuant to subsection 2 and the State Treasurer shall remit that money so allocated. The Executive Director shall allocate any additional money in the countys subaccount in the Account pursuant to the provisions of subsection 4 [.
6.] , 5 or 6, as appropriate.
8. The percentage [change] changes in population calculated pursuant to [paragraph (a) of subsection] subsections 4 , 5 and 6 must:
(a) Except as otherwise provided in paragraph (c), if the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the Governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.
(b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.
(c) If a local government files a formal appeal with the Bureau of the Census [of the United States Department of Commerce] concerning the population total of the local government issued by the Bureau of the Census, be calculated using the population total certified by the Governor pursuant to NRS 360.285 until the appeal is resolved. If additional money is allocated to the local government because the population total certified by the Governor is greater than the population total issued by the Bureau of the Census, the State Treasurer shall deposit that additional money in a separate interest-bearing account. Upon resolution of the appeal, if the population total finally determined pursuant to the appeal is:
(1) Equal to or less than the population total initially issued by the Bureau of the Census, the State Treasurer shall transfer the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, to the Local Government Tax Distribution Account for allocation among the local governments in the county pursuant to subsection 4 [.] , 5 or 6, as appropriate.
(2) Greater than the population total initially issued by the Bureau of the Census, the Executive Director shall calculate the amount that would have been allocated to the local government pursuant to subsection 4 , 5 or 6, as appropriate, if the population total finally determined pursuant to the appeal had been used and the State Treasurer shall remit to the local government an amount equal to the difference between the amount actually distributed and the amount calculated pursuant to this subparagraph or the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, whichever is less.
[7.] 9. On or before February 15 of each year, the Executive Director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the Account for that fiscal year.
[8.] 10. On or before March 15 of each year, the Executive Director shall:
(a) Make an estimate of the receipts from each tax included in the Account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the Account; and
κ2003 Statutes of Nevada, Page 1637 (CHAPTER 301, SB 469)κ
(b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
[9.] 11. A local government, special district or enterprise district may use the estimate provided by the Executive Director pursuant to subsection [8] 10 in the preparation of its budget.
Sec. 4. NRS 354.59813 is hereby amended to read as follows:
354.59813 1. In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, if the estimate of the revenue available from the supplemental city-county relief tax to the county as determined by the Executive Director of the Department of Taxation pursuant to the provisions of subsection [8] 10 of NRS 360.690 is less than the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the county, except any assessed valuation attributable to the net proceeds of minerals, the governing body of each local government may levy an additional tax ad valorem for operating purposes. The total tax levied by the governing body of a local government pursuant to this section must not exceed a rate calculated to produce revenue equal to the difference between the:
(a) Amount of revenue from supplemental city-county relief tax estimated to be received by the county pursuant to subsection [8] 10 of NRS 360.690; and
(b) The tax that the county would have been estimated to receive if the estimate for the total revenue available from the tax was equal to the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the county,
multiplied by the proportion determined for the local government pursuant to subparagraph (2) of paragraph (a) of subsection 4 of NRS 360.690 [.] , subparagraph (2) of paragraph (a) of subsection 5 of NRS 360.690 or subparagraph (2) of paragraph (a) of subsection 6 of NRS 360.690, as appropriate.
2. Any additional taxes ad valorem levied as a result of the application of this section must not be included in the base from which the allowed revenue from taxes ad valorem for the next subsequent year is computed.
3. As used in this section, local government has the meaning ascribed to it in NRS 360.640.
Sec. 5. NRS 354.598747 is hereby amended to read as follows:
354.598747 1. To calculate the amount to be distributed pursuant to the provisions of NRS 360.680 and 360.690 from a countys subaccount in the Local Government Tax Distribution Account to a local government, special district or enterprise district after it assumes the functions of another local government, special district or enterprise district:
(a) Except as otherwise provided in this [subsection and subsection 2,] section, the Executive Director of the Department of Taxation shall:
(1) Add the amounts calculated pursuant to subsection 1 or 2 of NRS 360.680 for each local government, special district or enterprise district and allocate the combined amount to the local government, special district or enterprise district that assumes the functions; and
(2) If applicable, add the average change in population and average change in the assessed valuation of [the] taxable property that would otherwise be allowed to the local government or special district whose functions are assumed, including the assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, pursuant to subsection 4 , 5 or 6 of NRS 360.690 , as appropriate, to the average change in population and average change in assessed valuation for the local government, special district or enterprise district that assumes the functions.
κ2003 Statutes of Nevada, Page 1638 (CHAPTER 301, SB 469)κ
functions are assumed, including the assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, pursuant to subsection 4 , 5 or 6 of NRS 360.690 , as appropriate, to the average change in population and average change in assessed valuation for the local government, special district or enterprise district that assumes the functions.
(b) If two or more local governments, special districts or enterprise districts assume the functions of another local government, special district or enterprise district, the additional revenue must be divided among the local governments, special districts or enterprise districts that assume the functions on the basis of the proportionate costs of the functions assumed.
The Nevada Tax Commission shall not allow any increase in the allowed revenue from the taxes contained in the countys subaccount in the Local Government Tax Distribution Account if the increase would result in a decrease in revenue of any local government, special district or enterprise district in the county that does not assume those functions. If more than one local government, special district or enterprise district assumes the functions, the Nevada Tax Commission shall determine the appropriate amounts calculated pursuant to subparagraphs (1) and (2) of paragraph (a).
2. If a city disincorporates, the board of county commissioners of the county in which the city is located must determine the amount the unincorporated town created by the disincorporation will receive pursuant to the provisions of NRS 360.600 to 360.740, inclusive.
3. As used in this section:
(a) Enterprise district has the meaning ascribed to it in NRS 360.620.
(b) Local government has the meaning ascribed to it in NRS 360.640.
(c) Special district has the meaning ascribed to it in NRS 360.650.
Sec. 6. 1. This section and sections 4 and 5 of this act become effective on July 1, 2003.
2. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 2003, and expires by limitation on June 30, 2004.
3. Section 1 of this act becomes effective on July 1, 2004.
4. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 2004.
________
κ2003 Statutes of Nevada, Page 1639κ
Assembly Bill No. 21Assemblywomen Giunchigliani and Gibbons
CHAPTER 302
AN ACT relating to Oriental medicine; revising the qualifications for members of the State Board of Oriental Medicine; revising the requirements for a license to practice Oriental medicine; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 634A.030 is hereby amended to read as follows:
634A.030 1. The State Board of Oriental Medicine, consisting of five members appointed by the Governor, is hereby created.
2. [The Governor shall appoint to the Board:
(a) Three members who are licensed pursuant to this chapter.
(b) Two members who are representatives of the general public.
3.] Each member of the Board shall, before entering upon the duties of his office, take the oath of office prescribed by the Constitution before someone qualified to administer oaths.
Sec. 2. NRS 634A.040 is hereby amended to read as follows:
634A.040 [All members of the Board shall be]
1. The Governor shall appoint three members to the Board who:
(a) Have a license issued pursuant to this chapter;
(b) Currently engage in the practice of Oriental medicine in this state, and have engaged in the practice of Oriental medicine in this state for at least 3 years preceding appointment to the Board;
(c) Are citizens of the United States ; and
(d) Are residents of the State of Nevada [.] and have been for at least 1 year preceding appointment to the Board.
2. The Governor shall appoint one member to the Board who:
(a) Is licensed pursuant to chapter 630 of NRS by the Board of Medical Examiners as a physician;
(b) Does not engage in the administration of a facility for Oriental medicine or a school for Oriental medicine;
(c) Does not have a pecuniary interest in any matter pertaining to Oriental medicine, except as a patient or potential patient;
(d) Is a citizen of the United States; and
(e) Is a resident of the State of Nevada and has been for at least 1 year preceding appointment to the Board.
3. The Governor shall appoint one member to the Board who:
(a) Does not engage in the administration of a facility for Oriental medicine or a school for Oriental medicine;
(b) Does not have a pecuniary interest in any matter pertaining to Oriental medicine, except as a patient or potential patient;
(c) Is a citizen of the United States; and
(d) Is a resident of the State of Nevada and has been for at least 1 year preceding appointment to the Board.
κ2003 Statutes of Nevada, Page 1640 (CHAPTER 302, AB 21)κ
Sec. 3. NRS 634A.120 is hereby amended to read as follows:
634A.120 1. Each applicant for a license to practice as a doctor of Oriental medicine must pass:
(a) An examination in Oriental medicine that is administered by a national organization approved by the Board; and
(b) A practical examination approved by the Board that tests the applicants knowledge and understanding of [the] :
(1) Basic medical science;
(2) Acupuncture;
(3) Herbal medicine;
(4) Oriental medicine;
(5) English proficiency; and
(6) The laws and regulations of this state relating to health and safety in the practice of Oriental medicine.
2. The Board may establish by regulation:
(a) Additional subject areas to be included in the practical examination; and
(b) Specific methods for the administration of the practical examination, including, but not limited to, written, oral, demonstrative, practical or any combination thereof.
3. The Board shall contract for the preparation, administration and grading of the practical examination.
[2.] 4. Except as otherwise provided in subsection [3,] 5, the Board shall offer the practical examination at least two times each year at a time and place established by the Board.
[3.] 5. The Board may cancel a scheduled practical examination if, within 60 days before the examination, the Board has not received a request to take the examination.
[4.] 6. A person who fails the practical examination may retake the examination.
Sec. 4. Notwithstanding the amendatory provisions of sections 1 and 2 of this act, each person serving as a member of the State Board of Oriental Medicine on October 1, 2003, may continue to serve until the expiration of his term.
________
κ2003 Statutes of Nevada, Page 1641κ
Assembly Bill No. 125Committee on Elections, Procedures, and Ethics
CHAPTER 303
AN ACT relating to elections; revising deadlines relating to the filing of certain documents before an election; providing for the filing and storage of certain documents by electronic means; revising provisions relating to pupils serving as trainees for the position of election board officer; revising provisions relating to absent ballots; authorizing a county or city clerk to designate centralized voting locations for certain elderly or disabled voters under certain circumstances; providing that certain voting records will be printed on paper only in the event of an election contest or recount; making various changes to election procedures; requiring that a candidate for the position of member of a town board who is unopposed be declared elected to the position; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.1715 is hereby amended to read as follows:
293.1715 1. The names of the candidates for partisan office of a minor political party must not appear on the ballot for a primary election.
2. The names of the candidates for partisan office of a minor political party must be placed on the ballot for the general election if the party has filed a certificate of existence and a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and:
(a) At the last preceding general election, the minor political party polled for any of its candidates for partisan office a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;
(b) On January 1 preceding a primary election, the minor political party has been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in this state; or
(c) Not later than the second Friday in August preceding the general election, files a petition with the Secretary of State which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
3. The name of a candidate for partisan office for a minor political party other than a candidate for the office of President or Vice President of the United States must be placed on the ballot for the general election if the party has filed:
(a) A certificate of existence;
(b) A list of candidates for partisan office containing the name of the candidate pursuant to the provisions of NRS 293.1725 with the Secretary of State; and
κ2003 Statutes of Nevada, Page 1642 (CHAPTER 303, AB 125)κ
(c) Not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the [third] second Friday after the first Monday in May, a petition on behalf of the candidate with the Secretary of State containing not less than:
(1) Two hundred fifty signatures of registered voters if the candidate is to be nominated for a statewide office; or
(2) One hundred signatures of registered voters if the candidate is to be nominated for any office except a statewide office.
A minor political party that places names of one or more candidates for partisan office on the ballot pursuant to this subsection may also place the names of one or more candidates for partisan office on the ballot pursuant to subsection 2.
4. The name of only one candidate of each minor political party for each partisan office may appear on the ballot for a general election.
5. A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the Secretary of State before the petition may be circulated for signatures.
Sec. 2. NRS 293.1725 is hereby amended to read as follows:
293.1725 1. Except as otherwise provided in subsection 4, a minor political party that wishes to place its candidates for partisan office on the ballot for a general election and:
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715;
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715; or
(c) Whose candidates are entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715,
must file with the Secretary of State a list of its candidates for partisan office not earlier than the first Monday in May preceding the election nor later than 5 p.m. on the [third] second Friday after the first Monday in May. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The Secretary of State shall strike from the list each candidate who is not entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715 if the minor political party is not entitled to place candidates on the ballot pursuant to subsection 2 of NRS 293.1715. The list [must not] may be amended [after it is filed.] not later than 5 p.m. on the second Friday after the first Monday in May.
2. The Secretary of State shall immediately forward a certified copy of the list of candidates for partisan office of each minor political party to the filing officer with whom each candidate must file his declaration of candidacy.
3. Each candidate on the list must file his declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates for partisan office of his minor political party is filed with the Secretary of State nor later than 5 p.m. on the [third] second Friday after the first Monday in May.
4. A minor political party that wishes to place candidates for the offices of President and Vice President of the United States on the ballot and has qualified to place the names of its candidates for partisan office on the ballot for the general election pursuant to subsection 2 of NRS 293.1715 must file with the Secretary of State a certificate of nomination for these offices not later than the first Tuesday in September.
κ2003 Statutes of Nevada, Page 1643 (CHAPTER 303, AB 125)κ
with the Secretary of State a certificate of nomination for these offices not later than the first Tuesday in September.
Sec. 3. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and paid the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the [third] second Friday after the first Monday in May.
2. A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
County of .......................................
For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of , I, the undersigned .., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ., in the City or Town of ., County of ., State of Nevada; that my actual, as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.
...............................................................
(Designation of name)
...............................................................
(Signature of candidate for office)
κ2003 Statutes of Nevada, Page 1644 (CHAPTER 303, AB 125)κ
Subscribed and sworn to before me
this ..... day of the month of ........ of the year....
...............................................................................................
Notary Public or other person
authorized to administer an oath
(b) For nonpartisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
County of............................................
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at , in the City or Town of ., County of , State of Nevada; that my actual, as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........; that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
...............................................................
(Designation of name)
...............................................................
(Signature of candidate for office)
Subscribed and sworn to before me
this ..... day of the month of ........ of the year ....
...............................................................................................
Notary Public or other person
authorized to administer an oath
3. A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidates name. The nickname must be in quotation marks and appear immediately before the candidates surname.
κ2003 Statutes of Nevada, Page 1645 (CHAPTER 303, AB 125)κ
nickname must be in quotation marks and appear immediately before the candidates surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.
4. The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidates address is listed as a post office box unless a street address has not been assigned to his residence.
5. By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.
Sec. 4. NRS 293.200 is hereby amended to read as follows:
293.200 1. An independent candidate for partisan office must file with the appropriate filing officer:
(a) A copy of the petition of candidacy that he intends to circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 25 working days before the last day to file the petition pursuant to subsection 4. The copy must also be filed before the petition may be circulated.
(b) Either of the following:
(1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in:
(I) This state for that office at the last preceding general election in which a person was elected to that office, if the office is a statewide office;
(II) The county for that office at the last preceding general election in which a person was elected to that office, if the office is a county office; or
(III) The district for that office at the last preceding general election in which a person was elected to that office, if the office is a district office.
(2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.
2. The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated and only registered voters of that county may sign the document. If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document.
κ2003 Statutes of Nevada, Page 1646 (CHAPTER 303, AB 125)κ
municipality in question may sign the document. The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition pursuant to subsection 4. Each person who signs the petition shall add to his signature the address of the place at which he actually resides, the date that he signs the petition and the name of the county where he is registered to vote. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.
3. The petition of candidacy may state the principle, if any, which the person qualified represents.
4. Petitions of candidacy must be filed not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the [third] second Friday after the first Monday in May.
5. No petition of candidacy may contain the name of more than one candidate for each office to be filled.
6. A person may not file as an independent candidate if he is proposing to run as the candidate of a political party.
7. The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.
8. If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in May. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in May.
9. Any challenge pursuant to subsection 8 must be filed with:
(a) The first judicial district court if the petition of candidacy was filed with the Secretary of State.
(b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.
10. An independent candidate for partisan office must file a declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is held nor later than 5 p.m. on the [third] second Friday after the first Monday in May.
Sec. 5. NRS 293.206 is hereby amended to read as follows:
293.206 1. On or before the last day in May of every even-numbered year, the county clerk shall provide the Secretary of State and the Director of the Legislative Counsel Bureau with a copy or electronic file of a map showing the boundaries of all election precincts in the county . [together with a word description of the boundaries of the precincts.]
2. If the Secretary of State determines that the boundaries of an election precinct do not comply with the provisions of NRS 293.205, he must provide the county clerk with a written statement of noncompliance setting forth the reasons the precinct is not in compliance. Within 15 days after receiving the notice of noncompliance, the county clerk shall make any adjustments to the boundaries of the precinct which are required to bring the precinct into compliance with the provisions of NRS 293.205 and he shall submit a corrected copy or electronic file of the precinct map [together with a corrected word description of the altered boundaries of the precinct] to the Secretary of State and the Director of the Legislative Counsel Bureau.
κ2003 Statutes of Nevada, Page 1647 (CHAPTER 303, AB 125)κ
corrected word description of the altered boundaries of the precinct] to the Secretary of State and the Director of the Legislative Counsel Bureau.
3. If the initial or corrected election precinct map is not filed as required pursuant to this section or the county clerk fails to make the necessary changes to the boundaries of an election precinct pursuant to subsection 2, the Secretary of State may establish appropriate precinct boundaries in compliance with the provisions of NRS 293.205 to 293.213, inclusive. If the Secretary of State revises the map [or description] pursuant to this subsection, he shall submit a copy or electronic file of the revised map [or description] to the Director of the Legislative Counsel Bureau and the appropriate county clerk.
4. As used in this section, electronic file includes, without limitation, an electronic data file of a geographic information system.
Sec. 6. NRS 293.208 is hereby amended to read as follows:
293.208 1. Except as otherwise provided in subsections 2, 3 and 5 and in NRS 293.206, no election precinct may be created, divided, abolished or consolidated, or the boundaries thereof changed, during the period between the third Wednesday in May of any year whose last digit is 6 and the time when the Legislature has been redistricted in a year whose last digit is 1, unless the creation, division, abolishment or consolidation of the precinct, or the change in boundaries thereof, is:
(a) Ordered by a court of competent jurisdiction;
(b) Required to meet objections to a precinct by the Attorney General of the United States pursuant to the Voting Rights Act of 1965, 42 U.S.C. §§ 1971 and 1973 et seq., and any amendments thereto;
(c) Required to comply with subsection 2 of NRS 293.205;
(d) Required by the incorporation of a new city; or
(e) Required by the creation of or change in the boundaries of a special district.
As used in this subsection, special district means any general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in title 25 of NRS which is required by law to hold elections or any fire protection district which is required by law to hold elections.
2. If a city annexes an unincorporated area located in the same county as the city and adjacent to the corporate boundary, the annexed area may be included in an election precinct immediately adjacent to it.
3. A new election precinct may be established at any time if it lies entirely within the boundaries of any existing precinct.
4. If a change in the boundaries of an election precinct is made pursuant to this section during the time specified in subsection 1, the county clerk must:
(a) Within 15 days after the change to the boundary of a precinct is established by the county clerk or ordered by a court, send to the Director of the Legislative Counsel Bureau and the Secretary of State a copy or electronic file of a map showing the new boundaries of the precinct ; [together with a word description of the new boundaries;] and
(b) Maintain in his office an index providing the name of the precinct and describing all changes which were made, including any change in the name of the precinct and the name of any new precinct created within the boundaries of an existing precinct.
κ2003 Statutes of Nevada, Page 1648 (CHAPTER 303, AB 125)κ
5. Cities of population categories two and three are exempt from the provisions of subsection 1.
6. As used in this section, electronic file includes, without limitation, an electronic data file of a geographic information system.
Sec. 7. NRS 293.2175 is hereby amended to read as follows:
293.2175 1. The county clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:
(a) A United States citizen, a resident of Nevada and a resident of the county in which he serves;
(b) Enrolled [as a senior] in high school; and
(c) At the time of service, [enrolled in or have completed a high school course in American government in accordance with NRS 389.020; and
(d) Performing at an academic level deemed acceptable by the principal of the pupils high school.] at least 16 years of age.
2. The county clerk may only appoint a pupil as a trainee if:
(a) The pupil is appointed without party affiliation;
(b) The county clerk sends the pupil a certificate stating the date and hours that the pupil [, upon approval,] will act as a trainee;
(c) At least 20 days before the election in which the pupil will act as a trainee, the principal of his high school or his assigned school counselor receives the county clerks certificate and a written request signed by his parent or guardian to be excused from school for the time specified in the certificate;
(d) The principal of the high school or the assigned school counselor of the pupil approves the pupils request; and
(e) The pupil attends the training class required by NRS 293B.260.
3. [The] Except as otherwise provided in this subsection, the county clerk may assign a trainee such duties as the county clerk deems appropriate. The county clerk shall not [require] :
(a) Require the trainee to perform those duties later than 10 p.m. or any applicable curfew, whichever is earlier [.] ; or
(b) Assign more than one trainee to serve as an election board officer in any one precinct.
4. The county clerk may compensate a trainee for his service at the same rate fixed for election board officers generally.
Sec. 8. NRS 293.227 is hereby amended to read as follows:
293.227 1. Each election board consists of at least three members, one of whom must be designated chairman by the county or city clerk. The boards shall make the records of election required by this chapter.
2. The appointment of a trainee as set forth in NRS 293.2175 and 293C.222 may be used to determine the number of members on the election board, but under no circumstances may [trainees comprise more than one-third of the] :
(a) The election board of any precinct [or] include more than one trainee; or
(b) A trainee serve as chairman of the election board.
3. The county or city clerk shall conduct or cause to be conducted, at least 5 days before the date of the election for which the boards are appointed, a school to acquaint the chairmen with the election laws, duties of election boards, regulations of the Secretary of State and with the procedure for making the records of election and using the register for election boards.
κ2003 Statutes of Nevada, Page 1649 (CHAPTER 303, AB 125)κ
If the person appointed chairman is unable for any reason to attend the school, he shall appoint some other member of his election board to attend the school in his stead.
4. The board of county commissioners of any county or the city council of any city may reimburse the chairmen or their designees who attend the school for their travel expenses at a rate not exceeding 10 cents per mile.
5. Each chairman shall instruct his board before election day.
Sec. 9. NRS 293.262 is hereby amended to read as follows:
293.262 An absent ballot or a ballot voted by a voter who resides in a mailing precinct must be voted [on] :
1. On a paper ballot [or] ;
2. On a ballot which is voted by punching a card [.] ; or
3. By any other system authorized by state or federal law.
Sec. 10. NRS 293.2955 is hereby amended to read as follows:
293.2955 1. Except as otherwise provided in subsection 2, at all times during which a polling place is open, the polling place must:
(a) Be accessible to a voter who is elderly or disabled; and
(b) Have at least one voting booth that is:
(1) Designed to allow a voter in a wheelchair to vote;
(2) Designated for use by a voter who is elderly or disabled; and
(3) Equipped to allow a voter who is elderly or disabled to vote with the same privacy as a voter who is not elderly or disabled.
2. A polling place that does not comply with the provisions of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.
3. At each polling place, the county clerk is encouraged to:
(a) Post in a conspicuous place, in at least 12-point type, instructions for voting;
(b) Provide ballots in alternative audio and visual formats for use by a voter who is elderly or disabled; and
(c) Provide, in alternative audio and visual formats for use by a voter who is elderly or disabled, all materials that are:
(1) Related to the election; and
(2) Made available to a voter in printed form at the polling place.
4. As an alternative to carrying out the functions described in subsection 3, if in the opinion of the county clerk the needs of voters who are elderly or disabled requiring the use of specially equipped voting devices will be best served by placing such devices at centralized voting locations, he may so provide. If the county clerk provides for the placement of specially equipped voting devices at centralized locations, a voter who is elderly or disabled and requires the use of such a device to be able to cast his ballot without assistance may cast his ballot at any centralized voting location designated by the county clerk.
Sec. 11. NRS 293.313 is hereby amended to read as follows:
293.313 1. Except as otherwise provided in NRS 293.272 and 293.502, a registered voter who provides sufficient written notice to the county clerk may vote an absent ballot as provided in this chapter.
2. A registered voter who:
(a) Is at least 65 years of age; or
(b) Has a physical disability or condition which substantially impairs his ability to go to the polling place,may request an absent ballot for all elections held during the year he requests an absent ballot.
κ2003 Statutes of Nevada, Page 1650 (CHAPTER 303, AB 125)κ
may request an absent ballot for all elections held during the year he requests an absent ballot. [The registered voter must include in his request a description of his physical disability or condition.]
3. As used in this section, sufficient written notice means a:
(a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine;
(b) Form prescribed by the Secretary of State which is completed and signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine; or
(c) Form provided by the Federal Government.
4. A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for both the primary and general elections unless otherwise specified in the request.
5. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 12. NRS 293.356 is hereby amended to read as follows:
293.356 [1.] If a request is made to vote early by a registered voter in person, the [county clerk] election board shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of [the clerks office and returned to the clerk.] a polling place for early voting established pursuant to NRS 293.3564 or 293.3572 and returned to the election board. If the ballot is a paper ballot , [or] a ballot which is voted by punching a card [, the clerk] or a ballot which is voted by any other system authorized by state or federal law, the election board shall follow the same procedure as in the case of absent ballots received by mail.
[2. On the dates for early voting prescribed in NRS 293.3568, each county clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued ballots for early voting in accordance with this section.]
Sec. 13. NRS 293.3572 is hereby amended to read as follows:
293.3572 1. In addition to permanent polling places for early voting, the county clerk may establish temporary branch polling places for early voting [.] which may include, without limitation, the clerks office.
2. The provisions of subsection 3 of NRS 293.3568 do not apply to a temporary polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county clerk.
3. The schedules for conducting voting are not required to be uniform among the temporary branch polling places.
4. The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.
Sec. 14. NRS 293.3608 is hereby amended to read as follows:
293.3608 On election day the county clerk shall:
1. Ensure that each mechanical recording device used during the period for early voting provides a record [printed on paper] of the total number of votes recorded on the device for each candidate and for or against each measure; and
κ2003 Statutes of Nevada, Page 1651 (CHAPTER 303, AB 125)κ
votes recorded on the device for each candidate and for or against each measure; and
2. Deliver to the central counting place:
(a) The items sorted and counted pursuant to subsection 3 of NRS 293.3604;
(b) The records [printed on paper] provided pursuant to subsection 1; and
(c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting.
Sec. 15. NRS 293.391 is hereby amended to read as follows:
293.391 1. The voted ballots, rejected ballots, spoiled ballots, challenge lists, voting receipts, records printed on paper of voted ballots collected pursuant to NRS 293B.400, and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk. The records of voted ballots that are maintained in electronic form must, after canvass of the votes by the board of county commissioners, be sealed and deposited in the vaults of the county clerk. The tally lists and pollbooks collected pursuant to NRS 293B.400 must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months and all such sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction.
2. Unused ballots, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.
3. The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.
4. A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1 or 2, except the voted ballots.
5. The voted ballots deposited with the county clerk are not subject to the inspection of anyone, except in cases of contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.
Sec. 16. NRS 293.404 is hereby amended to read as follows:
293.404 1. Where a recount is demanded pursuant to the provisions of NRS 293.403, the:
(a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the registrar of voters of the county, if a registrar of voters has been appointed for the county, shall act as chairman of the recount board. If a registrar of voters has not been appointed for the county, the chairman of the board of county commissioners, if he is not a candidate on the ballot, shall act as chairman of the recount board.
κ2003 Statutes of Nevada, Page 1652 (CHAPTER 303, AB 125)κ
act as chairman of the recount board. If the recount is for the office of county clerk, a registrar of voters has not been appointed for the county and the chairman of the board of county commissioners is a candidate on the ballot, the chairman of the board of county commissioners shall appoint another member of the board of county commissioners who is not a candidate on the ballot to act as chairman of the recount board. A member of the board of county commissioners who is a candidate on the ballot may not serve as a member of the recount board. [At least one member of the board of county commissioners who is not a candidate on the ballot must be present at the recount.]
(b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chairman of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city, if he is not a candidate on the ballot, shall act as chairman of the recount board. If the recount is for the office of city clerk and the mayor of the city is a candidate on the ballot, the mayor of the city shall appoint another member of the city council who is not a candidate on the ballot to act as chairman of the recount board. A member of the city council who is a candidate on the ballot may not serve as a member of the recount board. [At least one member of the city council who is not a candidate on the ballot must be present at the recount.]
2. Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or by an authorized representative, but may not be a member of the recount board.
3. Except in counties or cities using a mechanical voting system, the recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether those ballots are marked as required by law.
4. If a recount is demanded in a county or city using a mechanical voting system, the person who demanded the recount shall select the ballots for the office or ballot question affected from 5 percent of the precincts, but in no case fewer than three precincts, after notification to each candidate for the office or his authorized representative. The recount board shall examine the selected ballots, including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with this title and shall count the valid ballots by hand. In addition, a recount by computer must be made of all the selected ballots. If the count by hand or the recount by computer of the selected ballots shows a discrepancy equal to or greater than 1 percent or [5] five votes, whichever is greater, for the candidate demanding the recount or the candidate who won the election according to the original canvass of the returns, or in favor of or against a ballot question, according to the original canvass of the returns, the county or city clerk shall order a count by hand of all the ballots for that office or ballot question. Otherwise, the county or city clerk shall order a recount by computer of all the ballots for all candidates for the office or all the ballots for the ballot question.
5. The county or city clerk shall unseal and give to the recount board all ballots to be counted.
6. In the case of a demand for a recount affecting more than one county, the demand must be made to the Secretary of State, who shall notify the county clerks to proceed with the recount.
Sec. 17. NRS 293.469 is hereby amended to read as follows:
293.469 Each county clerk is encouraged to:
κ2003 Statutes of Nevada, Page 1653 (CHAPTER 303, AB 125)κ
1. Not later than the earlier date of the notice provided pursuant to NRS 293.203 or the first notice provided pursuant to subsection 3 of NRS 293.560, notify the public, through means designed to reach members of the public who are elderly or disabled, of the provisions of NRS 293.2955, 293.296, 293.313, subsection 1 of NRS 293.315, NRS 293.316 and 293.3165.
2. Provide in alternative audio and visual formats information concerning elections, information concerning how to register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a telecommunications device that is accessible to a person who is deaf.
3. Not later than 5 working days after receiving the request of an elderly or disabled person, provide to the person, in a format that can be used by the person, any requested material that is:
(a) Related to elections; and
(b) Made available by the county clerk to the public in printed form.
Sec. 18. 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] second Friday after the first 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.
2. 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 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.
κ2003 Statutes of Nevada, Page 1654 (CHAPTER 303, AB 125)κ
Sec. 19. NRS 293.518 is hereby amended to read as follows:
293.518 1. At the time an elector registers to vote he must indicate:
(a) His political party affiliation; or
(b) That he is not affiliated with a political party.
An elector who indicates that he is independent shall be deemed not affiliated with a political party.
2. If an elector indicates that he is not affiliated with a political party, or that he is independent, the county clerk or field registrar of voters shall list the electors political party as nonpartisan.
3. If an elector indicates an affiliation with a major political party or a minor political party that has filed a certificate of existence with the Secretary of State, the county clerk or field registrar of voters shall list the electors political party as indicated by the elector.
4. If an elector indicates an affiliation with a minor political party that has not filed a certificate of existence with the Secretary of State, the county clerk or field registrar of voters shall:
(a) List the electors political party as the party indicated in the application to register to vote.
(b) When compiling data related to voter registration for the county, report the electors political party as other party.
5. If an elector does not make any of the indications described in subsection 1, the county clerk or field registrar of voters shall:
(a) List the electors political party as nonpartisan; and
(b) Mail to the elector a notice setting forth that the elector has been registered to vote as a nonpartisan because the elector did not make any of the indications described in subsection 1.
Sec. 20. NRS 293.5235 is hereby amended to read as follows:
293.5235 1. Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters register.
2. An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.
3. The applicant must complete and sign the application.
4. The county clerk shall, upon receipt of an application, determine whether the application is complete.
5. If he determines that the application is complete, he shall, within 10 days after he receives the application, mail to the applicant:
(a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) A notice informing him that the registrar of voters register has been corrected to reflect any changes indicated on the application.
The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked or personally delivered.
κ2003 Statutes of Nevada, Page 1655 (CHAPTER 303, AB 125)κ
6. [If] Except as otherwise provided in subsection 5 of NRS 293.518, if the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail to the applicant:
(a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) A notice informing him that the registrar of voters register has been corrected to reflect any changes indicated on the application.
The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked or personally delivered. If the applicant does not provide the additional information within the prescribed period, the application is void.
7. The Secretary of State shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this state. The application to register to vote by mail must include a notice in at least 10-point type which states:
NOTICE: You are urged to return your application to register to vote to the County Clerk in person or by mail. If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be registered to vote. Please retain the duplicate copy or receipt from your application to register to vote.
8. [The] Except as otherwise provided in subsection 5 of NRS 293.518, the county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.
9. The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the persons current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.
10. A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.
11. An application to register to vote must be made available to all persons, regardless of political party affiliation.
12. An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the office of the county clerk within 10 days after it is completed.
13. A person who willfully violates any of the provisions of subsection 10, 11 or 12 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
κ2003 Statutes of Nevada, Page 1656 (CHAPTER 303, AB 125)κ
14. The Secretary of State shall adopt regulations to carry out the provisions of this section.
Sec. 21. NRS 293.563 is hereby amended to read as follows:
293.563 1. During the interval between the closing of registration and [5 days before] the election, the county clerk shall:
(a) In counties where records of registration are not kept by computer, prepare for each precinct or district a binder containing in alphabetical order the original applications to register to vote of the electors in the precinct or district. The binder constitutes the election board register.
(b) In counties where records of registration are kept by computer, have printed and placed in a binder for each precinct or district a computer listing in alphabetical order of the applications to register to vote of the electors in the precinct or district. The binder constitutes the election board register.
2. Each election board register must be delivered or caused to be delivered by the county or city clerk to an election officer of the proper precinct or district before the opening of the polls.
Sec. 22. NRS 293.565 is hereby amended to read as follows:
293.565 1. Except as otherwise provided in subsection 2, sample ballots must include:
(a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250, for each proposed constitutional amendment or statewide measure;
(b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and
(c) The full text of each proposed constitutional amendment.
2. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:
(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;
(b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and
(c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.
3. At least 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
4. Except as otherwise provided in subsection 5, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
κ2003 Statutes of Nevada, Page 1657 (CHAPTER 303, AB 125)κ
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
5. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
6. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
7. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.
8. The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:
(a) The addresses of such centralized voting locations;
(b) The types of specially equipped voting devices available at such centralized voting locations; and
(c) That a voter who is elderly or disabled may cast his ballot at such a centralized voting location rather than at his regularly designated polling place.
9. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 23. NRS 293B.084 is hereby amended to read as follows:
293B.084 A mechanical recording device which directly records votes electronically must:
1. Bear a number which identifies that mechanical recording device.
2. Be equipped with a storage device which:
(a) Stores the ballots voted on the mechanical recording device;
(b) Can be removed from the mechanical recording device for the purpose of transporting the ballots stored therein to a central counting place; and
(c) Bears the same number as the mechanical recording device.
3. Be designed in such a manner that voted ballots may be stored within the mechanical recording device and the storage device required pursuant to subsection 2 at the same time.
4. [Provide] Be capable of providing a record printed on paper of:
(a) Each ballot voted on the mechanical recording device; and
(b) The total number of votes recorded on the mechanical recording device for each candidate and for or against each measure.
κ2003 Statutes of Nevada, Page 1658 (CHAPTER 303, AB 125)κ
Sec. 24. NRS 293B.165 is hereby amended to read as follows:
293B.165 1. A test conducted in the manner prescribed in subsections 1 and 2 of NRS 293B.155 [shall] must be conducted immediately before the start of the official count of the ballots and again [immediately] within 24 hours after the official count of the ballots.
2. Such tests [shall] must be certified by the accuracy certification board.
Sec. 25. NRS 293B.265 is hereby amended to read as follows:
293B.265 1. A member of an election board shall not serve in any election at which a mechanical voting system is used unless he has received instruction and is fully qualified to perform his duties in connection with the system.
2. NRS 293B.220 to [293B.280,] 293B.283, inclusive, do not prevent the appointment and service of a member of an election board to fill a vacancy in an emergency.
Sec. 26. NRS 293B.400 is hereby amended to read as follows:
293B.400 [The]
1. Except as otherwise provided in this section, if a recount is demanded pursuant to the provisions of NRS 293.403 or if an election is contested pursuant to NRS 293.407, the county or city clerk shall ensure that each mechanical recording device which directly [records] recorded votes electronically for the applicable election provides a record printed on paper of each ballot voted on that device . [as required by paragraph (a) of subsection 4 of NRS 293B.084 not later than 10 days after the election. The]
2. In carrying out the requirements of this section, the county or city clerk shall [collect] :
(a) Print only the records required for the recount or contest; and
(b) Collect those records and deposit them in the vaults of the county clerk pursuant to NRS 293.391.
Sec. 27. NRS 293C.222 is hereby amended to read as follows:
293C.222 1. The city clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:
(a) A United States citizen, a resident of Nevada and a resident of the city in which he serves;
(b) Enrolled [as a senior] in high school; and
(c) At the time of service, [enrolled in or have completed a high school course in American government in accordance with NRS 389.020; and
(d) Performing at an academic level deemed acceptable by the principal of the pupils high school.] at least 16 years of age.
2. The city clerk may only appoint a pupil as a trainee if:
(a) The pupil is appointed without party affiliation;
(b) The city clerk sends the pupil a certificate stating the date and hours that the pupil [, upon approval,] will act as a trainee;
(c) At least 20 days before the election in which the pupil will act as a trainee, the principal of his high school or his assigned school counselor receives the city clerks certificate and a written request signed by his parent or guardian to be excused from school for the time specified in the certificate;
(d) The principal of the high school or the assigned school counselor of the pupil approves the pupils request; and
(e) The pupil attends the training class required by NRS 293B.260.
κ2003 Statutes of Nevada, Page 1659 (CHAPTER 303, AB 125)κ
3. [The] Except as otherwise provided in this subsection, the city clerk may assign a trainee such duties as the city clerk deems appropriate. The city clerk shall not [require] :
(a) Require the trainee to perform those duties later than 10 p.m., or any applicable curfew, whichever is earlier [.] ; or
(b) Assign more than one trainee to serve as an election board officer in any one precinct.
4. The city clerk may compensate a trainee for his service at the same rate fixed for election board officers generally.
Sec. 28. NRS 293C.281 is hereby amended to read as follows:
293C.281 1. Except as otherwise provided in subsection 2, at all times during which a polling place is open, the polling place must:
(a) Be accessible to a voter who is elderly or disabled; and
(b) Have at least one voting booth that is:
(1) Designed to allow a voter in a wheelchair to vote;
(2) Designated for use by a voter who is elderly or disabled; and
(3) Equipped to allow a voter who is elderly or disabled to vote with the same privacy as a voter who is not elderly or disabled.
2. A polling place that does not comply with the provisions of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.
3. At each polling place, the city clerk is encouraged to:
(a) Post in a conspicuous place, in at least 12-point type, instructions for voting;
(b) Provide ballots in alternative audio and visual formats for use by a voter who is elderly or disabled; and
(c) Provide, in alternative audio and visual formats for use by a voter who is elderly or disabled, all materials that are:
(1) Related to the election; and
(2) Made available to a voter in printed form at the polling place.
4. As an alternative to carrying out the functions described in subsection 3, if in the opinion of the city clerk the needs of voters who are elderly or disabled requiring the use of specially equipped voting devices will be best served by placing such devices at centralized voting locations, he may so provide. If the city clerk provides for the placement of specially equipped voting devices at centralized locations, a voter who is elderly or disabled and requires the use of such a device to be able to cast his ballot without assistance may cast his ballot at any centralized voting location designated by the city clerk.
Sec. 29. NRS 293C.310 is hereby amended to read as follows:
293C.310 1. Except as otherwise provided in NRS 293.502 and 293C.265, a registered voter who provides sufficient written notice to the city clerk may vote an absent ballot as provided in this chapter.
2. A registered voter who:
(a) Is at least 65 years of age; or
(b) Has a physical disability or condition that substantially impairs his ability to go to the polling place,
may request an absent ballot for all elections held during the year he requests an absent ballot. [The registered voter must include in his request a description of his physical disability or condition.]
3. As used in this section, sufficient written notice means a:
κ2003 Statutes of Nevada, Page 1660 (CHAPTER 303, AB 125)κ
(a) Written request for an absent ballot that is signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine;
(b) Form prescribed by the Secretary of State that is completed and signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine; or
(c) Form provided by the Federal Government.
4. A city clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for the primary city election and the general city election unless otherwise specified in the request.
5. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 30. NRS 293C.390 is hereby amended to read as follows:
293C.390 1. The voted ballots, rejected ballots, spoiled ballots, challenge lists, voting receipts, records printed on paper of voted ballots collected pursuant to NRS 293B.400, and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk. The records of voted ballots that are maintained in electronic form must, after canvass of the votes by the governing body of the city, be sealed and deposited in the vaults of the city clerk. The tally lists and pollbooks collected pursuant to NRS 293B.400 must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months and all such sealed materials must be destroyed immediately after that period. A notice of the destruction must be published by the city clerk in at least one newspaper of general circulation in the city, or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city, not less than 2 weeks before the destruction of the materials.
2. Unused ballots, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.
3. The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.
4. A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1 or 2, except the voted ballots.
5. The voted ballots deposited with the city clerk are not subject to the inspection of any person, except in a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board.
Sec. 31. NRS 293C.530 is hereby amended to read as follows:
293C.530 1. At least 10 days before an election, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his precinct with a notice informing the voter of the location of his polling place.
κ2003 Statutes of Nevada, Page 1661 (CHAPTER 303, AB 125)κ
precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
2. Except as otherwise provided in subsection 3, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
3. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
4. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
5. If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots mailed to that person from the city are in large type.
6. The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the city clerk has provided pursuant to subsection 4 of NRS 293C.281 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the city clerk shall include in the sample ballot a statement indicating:
(a) The addresses of such centralized voting locations;
(b) The types of specially equipped voting devices available at such centralized voting locations; and
(c) That a voter who is elderly or disabled may cast his ballot at such a centralized voting location rather than at his regularly designated polling place.
7. The cost of mailing sample ballots for a city election must be borne by the city holding the election.
Sec. 32. NRS 293C.720 is hereby amended to read as follows:
293C.720 Each city clerk is encouraged to:
1. Not later than the earlier date of the first notice provided pursuant to subsection 3 of NRS 293.560 or NRS 293C.187, notify the public, through means designed to reach members of the public who are elderly or disabled, of the provisions of NRS 293C.281, 293C.282, 293C.310, subsection 1 of NRS 293C.312, NRS 293C.317 and 293C.318.
κ2003 Statutes of Nevada, Page 1662 (CHAPTER 303, AB 125)κ
of the provisions of NRS 293C.281, 293C.282, 293C.310, subsection 1 of NRS 293C.312, NRS 293C.317 and 293C.318.
2. Provide in alternative audio and visual formats information concerning elections, information concerning how to register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a telecommunications device that is accessible to a person who is deaf.
3. Not later than 5 working days after receiving the request of an elderly or disabled person, provide to the person, in a format that can be used by the person, any requested material that is:
(a) Related to elections; and
(b) Made available by the city clerk to the public in printed form.
Sec. 33. NRS 295.121 is hereby amended to read as follows:
295.121 1. In a county whose population is 100,000 or more, for each county-wide initiative, referendum or other question to be placed on the ballot by the board , [or county clerk,] including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160, the board shall, in consultation with the county clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the county clerk pursuant to subsection 4, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. Before the board appoints a committee pursuant to this section, the county clerk shall:
(a) Recommend to the board persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
5. If the board of a county whose population is 100,000 or more fails to appoint a committee as required pursuant to this section, the county clerk shall appoint the committee.
6. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
κ2003 Statutes of Nevada, Page 1663 (CHAPTER 303, AB 125)κ
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and
(f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 7.
7. The county clerk of a county whose population is 100,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.
8. Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review.
9. The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 8. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
10. In a county whose population is less than 100,000:
(a) The board may appoint committees pursuant to this section.
(b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection 7.
11. The provisions of chapter 241 of NRS do not apply to any consultations, deliberations, hearings or meetings conducted pursuant to this section.
Sec. 34. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:
If at 5 p.m. on the last day for filing a notice of intention of candidacy for the position of member of a town board, there is only one candidate who has filed a notice of intention for the position, that candidate must be declared elected and no election may be held for that position.
κ2003 Statutes of Nevada, Page 1664 (CHAPTER 303, AB 125)κ
who has filed a notice of intention for the position, that candidate must be declared elected and no election may be held for that position.
Sec. 35. NRS 269.016 is hereby amended to read as follows:
269.016 A town board form of government, for the purpose of governing such town in accordance with the powers specified in this chapter, may be established for any unincorporated town in the State of Nevada. The town board form of government [shall] must be adopted in the manner provided in NRS 269.0165 or [NRS] 269.017 to 269.019, inclusive [.] , and section 34 of this act.
Sec. 36. Section 7 of the Moapa Valley Water District Act, being chapter 477, Statutes of Nevada 1983, as last amended by chapter 218, Statutes of Nevada 2001, at page 991, is hereby amended to read as follows:
Sec. 7. 1. Unless otherwise required for purposes of an election to incur an indebtedness, the Registrar of Voters of Clark County shall conduct, supervise and, by ordinance, regulate all district elections in accordance, as nearly as practicable, with the general election laws of the State, including, but not limited to, laws relating to the time of opening and closing of polls, the manner of conducting the election, the canvassing, announcement and certification of results, and the preparation and disposition of ballots.
2. A candidate for election to the Board shall file a declaration of candidacy with the Registrar of Voters of Clark County. The declaration of candidacy must be filed not earlier than the first Monday in May of the year in which the election is to be held and not later than 5 p.m. on the [third] second Friday after the first Monday in May of that year. Timely filing of such a declaration is a prerequisite to election.
3. Each member of the Board must be elected by a plurality of the registered voters voting in the election area which the member represents. If there are two seats upon the Board to be filled at the same election, each of which represents the same election area, the two candidates therefor receiving the highest number of votes, respectively, are elected.
4. If a member of the Board is unopposed in seeking reelection, the Board may declare that member elected without a formal election, but that member must not participate in the declaration.
5. If no person files candidacy for election to a particular seat upon the Board, the seat must be filled in the manner of filling a vacancy.
Sec. 37. NRS 293.337, 293B.280 and 293C.337 are hereby repealed.
________
κ2003 Statutes of Nevada, Page 1665κ
Assembly Bill No. 166Assemblymen Brown, Knecht, Anderson, Andonov, Arberry, Beers, Buckley, Carpenter, Chowning, Christensen, Geddes, Giunchigliani, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Mabey, Marvel, McCleary, Mortenson, Oceguera, Perkins, Sherer and Weber (by request)
CHAPTER 304
AN ACT relating to structured settlements; requiring the approval of the court for the transfer of the right to receive payment pursuant to a structured settlement; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 42 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An agreement to transfer the right to receive payments pursuant to a structured settlement to a transferee is valid and enforceable only if the transfer is approved by a district court. The transferee must petition the district court for such approval and the court shall approve the transfer if it determines that:
(a) The transfer is in the best interest of the payee, considering the totality of the circumstances, including, without limitation, the welfare and support of the dependents of the payee;
(b) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has received such independent professional advice or has knowingly waived such advice in writing; and
(c) The transfer does not violate any applicable law or the order of any court.
2. An action pursuant to subsection 1 must be commenced in the district court:
(a) Located where the original claim which gave rise to the structured settlement was filed; or
(b) Within the county in which the payee resides.
3. Not later than 7 days before a hearing on a petition pursuant to subsection 1, the transferee must file with the district court and serve on all interested parties and any attorney who represented the payee in the action which resulted in the settled claim a notice of the proposed agreement and the petition for authorization of the proposed agreement. The notice must include, without limitation:
(a) A copy of the petition of the transferee;
(b) A copy of the proposed agreement;
(c) A copy of the disclosure required pursuant to subsection 4;
(d) A list which includes the name and age of each dependent of the payee;
(e) A statement that any interested party may support, oppose or otherwise respond to the petition of the transferee by appearing in person or by counsel during the hearing on the petition or by submitting written comments to the court; and
κ2003 Statutes of Nevada, Page 1666 (CHAPTER 304, AB 166)κ
or by counsel during the hearing on the petition or by submitting written comments to the court; and
(f) Notice of the time and place of the hearing, the manner in which a written response to the application must be filed and the date by which a written response to the petition must be filed for consideration by the court.
4. A transferee who commences an action pursuant to subsection 1 must provide to the court with the proposed agreement a disclosure setting forth:
(a) The amounts and due dates of the payments under the structured settlement proposed to be transferred;
(b) The aggregate amount of the proposed payments to be transferred;
(c) The amount to be paid to the payee for the transfer before deducting any expenses;
(d) An itemized list of all expenses that the payee will be required to pay other than attorneys fees and which will be deducted from the amount paid to the payee for the transfer, including, without limitation, any commission owed to a broker, service charges, application or processing fees, costs of closing on the agreement, filing or administrative charges and fees paid to a notary public;
(e) The amount to be paid to the payee for the transfer after deducting the expenses;
(f) The amount of any liquidated damages which the payee is required to pay if he breaches the transfer agreement;
(g) The discounted present value of the payments under the structured settlement that are proposed to be transferred and the discount rate used to determine that value; and
(h) If adverse tax consequences exist, a statement which informs the payee that such a transfer may subject him to adverse tax consequences with regard to the payment of federal income tax.
5. Compliance with the requirements set forth in this section may not be waived.
6. As used in this section:
(a) Annuity issuer means an insurer who has issued a contract to fund periodic payments under a structured settlement.
(b) Dependents include, without limitation, the spouse of a payee, any minor child of a payee and any other person for whom the payee is legally obligated to provide support, including, without limitation, alimony;
(c) Independent professional advice means advice of an attorney, certified public accountant, actuary or other licensed professional adviser;
(d) Interested parties means the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the death of the payee, the annuity issuer, any person who is obligated to make payments pursuant to the structured settlement and any other party who has continuing rights or obligations under the structured settlement;
(e) Payee means a person who is receiving tax-free payments under a structured settlement and proposes to make a transfer of the right to receive payments under that structured settlement;
(f) Periodic payments includes, without limitation, both recurring payments and scheduled future lump sum payments;
(g) Settled claim means the original tort claim or workers compensation claim resolved by a structured settlement.
κ2003 Statutes of Nevada, Page 1667 (CHAPTER 304, AB 166)κ
(h) Structured settlement means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers compensation claim;
(i) Transfer means any sale, assignment, pledge, hypothecation or other alienation or encumbrance by a payee for consideration of the right to receive payments pursuant to a structured settlement; and
(j) Transferee means a party acquiring or proposing to acquire the right to payments pursuant to a structured settlement through a transfer.
Sec. 2. NRS 104.9406 is hereby amended to read as follows:
104.9406 1. Subject to subsections 2 to 8, inclusive, an account debtor on an account, chattel paper or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.
2. Subject to subsection 8, notification is ineffective under subsection 1:
(a) If it does not reasonably identify the rights assigned;
(b) To the extent that an agreement between an account debtor and a seller of a payment intangible limits the account debtors duty to pay a person other than the seller and the limitation is effective under law other than this article; or
(c) At the option of an account debtor, if the notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the assignee, even if:
(1) Only a portion of the account, chattel paper or payment intangible has been assigned to that assignee;
(2) A portion has been assigned to another assignee; or
(3) The account debtor knows that the assignment to that assignee is limited.
3. Subject to subsection 8, if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection 1.
4. Except as otherwise provided in subsection 5 and NRS 104.9407 and 104A.2303, and subject to subsection 8, a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:
(a) Prohibits, restricts or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection or enforcement of a security interest in, the account, chattel paper, payment intangible or promissory note; or
(b) Provides that the assignment or transfer, or the creation, attachment, perfection or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible or promissory note.
5. Subsection 4 does not apply to the sale of a payment intangible or promissory note.
κ2003 Statutes of Nevada, Page 1668 (CHAPTER 304, AB 166)κ
6. Subject to subsections 7 and 8, a rule of law, statute, or regulation, that prohibits, restricts, or requires the consent of a government, governmental body or official, or account debtor to the assignment or transfer of, or creation of a security interest in, an account or chattel paper is ineffective to the extent that the rule of law, statute or regulation:
(a) Prohibits, restricts, or requires the consent of the government, governmental body or official, or account debtor to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account or chattel paper; or
(b) Provides that the assignment or transfer, or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account or chattel paper.
7. Subject to subsection 8, an account debtor may not waive or vary its option under paragraph (c) of subsection 2.
8. This section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family or household purposes.
9. This section does not apply to an assignment of a health-care-insurance receivable [.] or to a transfer of a right to receive payments pursuant to section 1 of this act.
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κ2003 Statutes of Nevada, Page 1669κ
Assembly Bill No. 168Assemblymen Giunchigliani, Anderson, Parks, Goldwater, Gibbons, Arberry, Atkinson, Buckley, Claborn, Collins, Conklin, Horne, Leslie, Manendo and Williams
Joint Sponsor: Senator Carlton
CHAPTER 305
AN ACT relating to industrial insurance; prohibiting a self-insured employer, an association of self-insured public or private employers or a private carrier from entering into a contract with an organization for managed care under certain circumstances; increasing the period during which the Administrator of the Division of Industrial Relations of the Department of Business and Industry must cause an audit of certain insurers to be conducted; revising the requirements for determining the percentage of disability for certain injuries and occupational diseases; requiring an employer who offers temporary, light-duty employment to an injured employee to confirm the offer within a certain period under certain circumstances; providing that such an offer must specify a position that has the same employment benefits as the position of the employee at the time of his injury; requiring a person who wishes to contest a decision of the Administrator to impose an administrative fine to file a notice of appeal with an appeals officer; authorizing a person who is aggrieved by a written determination of the Administrator or the failure of the Administrator to respond to a written request to appeal the determination or failure to respond to an appeals officer under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616A.070 is hereby amended to read as follows:
616A.070 Benefit penalty means an additional amount of money that is payable to a claimant if the Administrator has determined that a violation of any of the provisions of paragraphs (a) to [(d),] (e), inclusive, of subsection 1 of NRS 616D.120 has occurred.
Sec. 2. Chapter 616B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. (Deleted by amendment.)
Sec. 4. 1. A self-insured employer, an association of self-insured public or private employers or a private carrier shall not enter into a contract with an organization for managed care unless the organizations proposed plan for providing medical and health care services:
(a) Will provide all medical and health care services that may be required for industrial injuries and occupational diseases that are compensable under chapters 616A to 617, inclusive, of NRS in a manner that ensures the availability and accessibility of adequate treatment to injured employees;
κ2003 Statutes of Nevada, Page 1670 (CHAPTER 305, AB 168)κ
(b) Provides to injured employees an adequate choice of providers of health care who have contracted with the organization to participate in the proposed plan; and
(c) Provides appropriate financial incentives to reduce costs of medical and health care services without affecting the quality of any care provided to an injured employee.
2. The Division may adopt regulations to ensure the adequacy of an insurers panel of providers of health care established pursuant to subsection 1.
Sec. 5. NRS 616B.003 is hereby amended to read as follows:
616B.003 1. The Administrator shall cause to be conducted at least every [3] 5 years an audit of all insurers who provide benefits to injured employees pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. The Administrator shall cause to be conducted each year on a random basis additional partial audits of any insurer who has a history of violations of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, or the regulations adopted pursuant thereto, as determined by the Administrator.
2. The Administrator shall require the use of standard auditing procedures and shall establish a manual to describe the standard auditing procedures. The manual must include:
(a) Specific audit objectives;
(b) Standards for documentation;
(c) Policies for supervisory review;
(d) Policies for the training of auditors;
(e) The format for the audit report; and
(f) Procedures for the presentation, distribution and retention of the audit report.
3. The Commissioner and the Administrator shall establish a procedure for sharing information between the Division of Insurance of the Department of Business and Industry and the Division concerning the qualifications of employers as self-insured employers pursuant to NRS 616B.300 or as an association of self-insured public or private employers pursuant to NRS 616B.353.
4. On or before March 1 of each year, the Administrator shall make a report of each audit to the Legislature, if it is in session, or to the Interim Finance Committee if the Legislature is not in session.
Sec. 6. NRS 616B.527 is hereby amended to read as follows:
616B.527 1. A self-insured employer, an association of self-insured public or private employers or a private carrier may:
(a) [Enter] Except as otherwise provided in section 4 of this act, enter into a contract or contracts with one or more organizations for managed care to provide comprehensive medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.
(b) Enter into a contract or contracts with providers of health care, including, without limitation, physicians who provide primary care, specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic facilities, laboratories, hospitals and facilities that provide treatment to outpatients, to provide medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.
κ2003 Statutes of Nevada, Page 1671 (CHAPTER 305, AB 168)κ
(c) Require employees to obtain medical and health care services for their industrial injuries from those organizations and persons with whom the self-insured employer, association or private carrier has contracted pursuant to paragraphs (a) and (b), or as the self-insured employer, association or private carrier otherwise prescribes.
(d) Except as otherwise provided in subsection 3 of NRS 616C.090, require employees to obtain the approval of the self-insured employer, association or private carrier before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer, association or private carrier.
2. An organization for managed care with whom a self-insured employer, association of self-insured public or private employers or a private carrier has contracted pursuant to this section shall comply with the provisions of NRS 616B.528, 616B.5285 and 616B.529.
Sec. 7. NRS 616C.110 is hereby amended to read as follows:
616C.110 1. For the purposes of NRS 616B.557, 616B.578, 616B.587, 616C.490 and 617.459 [,] :
(a) Not later than August 1, 2003, the Division shall adopt regulations incorporating the American Medical Associations Guides to the Evaluation of Permanent Impairment , 5th edition, by reference . [and may amend those regulations from time to time as it deems necessary. In adopting the] The regulations:
(1) Must become effective on October 1, 2003; and
(2) Must be applied to all examinations for a permanent partial disability that are conducted on or after October 1, 2003, regardless of the date of the injury, until regulations incorporating the 6th edition by reference have become effective pursuant to paragraph (b).
(b) Beginning with the 6th edition and continuing for each edition thereafter, the Division shall adopt regulations incorporating the most recent edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment [, the Division shall consider] by reference. The regulations:
(1) Must become effective not later than 18 months after the most recent edition [most recently] is published by the American Medical Association [.] ; and
(2) Must be applied to all examinations for a permanent partial disability that are conducted on or after the effective date of the regulations, regardless of the date of injury, until regulations incorporating the next edition by reference have become effective pursuant to this paragraph.
2. After adopting the regulations required pursuant to subsection 1, the Division may amend those regulations as it deems necessary, except that the amendments to those regulations:
(a) Must be consistent with the edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment most recently adopted by the Division;
(b) Must not incorporate any contradictory matter from any other edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment; and
κ2003 Statutes of Nevada, Page 1672 (CHAPTER 305, AB 168)κ
(c) Must not consider any factors other than the degree of physical impairment of the whole man in calculating the entitlement to compensation.
3. If the edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment most recently adopted by the Division [contain] contains more than one method of determining the rating of an impairment, the Administrator shall designate by regulation the method from that edition which must be used to rate an impairment pursuant to NRS 616C.490.
Sec. 8. NRS 616C.340 is hereby amended to read as follows:
616C.340 1. The Governor shall appoint one or more appeals officers to conduct hearings [in contested claims for compensation pursuant to NRS 616C.360.] and appeals as required pursuant to chapters 616A to 617, inclusive, of NRS. Each appeals officer shall hold office for 2 years [from] after the date of his appointment and until his successor is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law and is in the unclassified service of the State.
2. Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this state for at least 2 years. Except as otherwise provided in NRS 7.065, an appeals officer shall not engage in the private practice of law.
3. If an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing the case.
4. The Governor may appoint one or more special appeals officers to conduct hearings [in contested claims for compensation pursuant to NRS 616C.360.] and appeals as required pursuant to chapters 616A to 617, inclusive, of NRS. The Governor shall not appoint an attorney who represents persons in actions related to claims for compensation to serve as a special appeals officer.
5. A special appeals officer appointed pursuant to subsection 4 is vested with the same powers as a regular appeals officer. A special appeals officer may hear any case in which a regular appeals officer has a conflict, or any case assigned to him by the Senior Appeals Officer to assist with a backlog of cases. A special appeals officer is entitled to be paid at an hourly rate, as determined by the Department of Administration.
6. The decision of an appeals officer is the final and binding administrative determination of a claim for compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.
Sec. 9. NRS 616C.345 is hereby amended to read as follows:
616C.345 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.
2. If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:
(a) A final determination was rendered pursuant to that procedure; or
(b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,any party to the dispute may file a notice of appeal within 70 days after the date on which the final determination was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted.
κ2003 Statutes of Nevada, Page 1673 (CHAPTER 305, AB 168)κ
any party to the dispute may file a notice of appeal within 70 days after the date on which the final determination was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.
3. Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.
4. Except as otherwise provided in this subsection, [the appeals officer shall,] within 10 days after receiving a notice of appeal pursuant to this section or NRS 616D.140, or within 10 days after receiving a notice of a contested claim pursuant to subsection 5 of NRS 616C.315, the appeals officer shall schedule a hearing on the merits of the appeal or contested claim for a date and time within 90 days after his receipt of the notice and give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled. A request to schedule the hearing for a date and time which is:
(a) Within 60 days after the receipt of the notice of appeal or contested claim; or
(b) More than 90 days after the receipt of the notice or claim,
may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.
5. An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.
6. Failure to file a notice of appeal within the period specified in subsection 1 or 2 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to appeal the determination. The claimant, employer or insurer shall notify the hearing officer of a change of address.
Sec. 10. NRS 616C.475 is hereby amended to read as follows:
616C.475 1. Except as otherwise provided in this section, NRS 616C.175 and 616C.390, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.
2. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.
κ2003 Statutes of Nevada, Page 1674 (CHAPTER 305, AB 168)κ
3. If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter.
4. Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.
5. Payments for a temporary total disability must cease when:
(a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employees education, training and experience;
(b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or
(c) Except as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated.
6. Each insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the Division for the injured employee to request continued compensation for the temporary total disability.
7. A certification of disability issued by a physician or chiropractor must:
(a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;
(b) Specify whether the limitations or restrictions are permanent or temporary; and
(c) Be signed by the treating physician or chiropractor authorized pursuant to NRS 616B.527 or appropriately chosen pursuant to subsection 3 of NRS 616C.090.
8. If the certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident [is not required to comply] may offer temporary, light-duty employment to the employee. If the employer makes such an offer, the employer shall confirm the offer in writing within 10 days after making the offer. The making, acceptance or rejection of an offer of temporary, light-duty employment pursuant to this subsection does not affect the eligibility of the employee to receive vocational rehabilitation services, including compensation, and does not exempt the employer from complying with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the Division governing vocational rehabilitation services . [if the employer offers the employee temporary, light -duty employment.] Any offer of temporary, light-duty employment made by the employer must specify a position that:
(a) Is substantially similar to the employees position at the time of his injury in relation to the location of the employment and the hours he is required to work; [and]
(b) Provides a gross wage that is:
(1) If the position is in the same classification of employment, equal to the gross wage the employee was earning at the time of his injury; or
(2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his injury [.] ; and
κ2003 Statutes of Nevada, Page 1675 (CHAPTER 305, AB 168)κ
(c) Has the same employment benefits as the position of the employee at the time of his injury.
Sec. 11. NRS 616C.495 is hereby amended to read as follows:
616C.495 1. Except as otherwise provided in NRS 616C.380, an award for a permanent partial disability may be paid in a lump sum under the following conditions:
(a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.
(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimants undisbursed award for a permanent partial disability.
(c) Any claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 25 percent.
(d) Any claimant injured on or after July 1, 1995, may elect to receive his compensation in a lump sum in accordance with regulations adopted by the Administrator and approved by the Governor. The Administrator shall adopt regulations for determining the eligibility of such a claimant to receive all or any portion of his compensation in a lump sum. Such regulations may include the manner in which an award for a permanent partial disability may be paid to such a claimant in installments. Notwithstanding the provisions of NRS 233B.070, any regulation adopted pursuant to this paragraph does not become effective unless it is first approved by the Governor.
2. If the claimant elects to receive his payment for a permanent partial disability in a lump sum pursuant to subsection 1, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting , he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:
(a) His right to reopen his claim according to the provisions of NRS 616C.390; [and]
(b) Any counseling, training or other rehabilitative services provided by the insurer [.] ; and
(c) His right to receive a benefit penalty in accordance with NRS 616D.120.
The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of [this] the notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.
3. Any lump-sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.
κ2003 Statutes of Nevada, Page 1676 (CHAPTER 305, AB 168)κ
4. Except as otherwise provided in this subsection, the total lump-sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum, the lump-sum payment must be calculated for the remaining payment of compensation.
5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 7 of NRS 616C.490 and actuarial annuity tables adopted by the Division. The tables must be reviewed annually by a consulting actuary.
6. If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump-sum payment.
Sec. 12. NRS 616C.590 is hereby amended to read as follows:
616C.590 1. Except as otherwise provided in this section, an injured employee is not eligible for vocational rehabilitation services, unless:
(a) The treating physician or chiropractor approves the return of the injured employee to work but imposes permanent restrictions that prevent the injured employee from returning to the position that he held at the time of his injury;
(b) The injured employees employer does not offer employment that:
(1) The employee is eligible for considering the restrictions imposed pursuant to paragraph (a); [and]
(2) Provides a gross wage that is equal to or greater than 80 percent of the gross wage that the employee was earning at the time of his injury; and
(3) Has the same employment benefits as the position of the employee at the time of his injury; and
(c) The injured employee is unable to return to gainful employment with any other employer at a gross wage that is equal to or greater than 80 percent of the gross wage that the employee was earning at the time of his injury.
2. If the treating physician or chiropractor imposes permanent restrictions on the injured employee for the purposes of paragraph (a) of subsection 1, he shall specify in writing:
(a) The medically objective findings upon which his determination is based; and
(b) A detailed description of the restrictions.
The treating physician or chiropractor shall deliver a copy of the findings and the description of the restrictions to the insurer.
3. If there is a question as to whether the restrictions imposed upon the injured employee are permanent, the employee may receive vocational rehabilitation services until a final determination concerning the duration of the restrictions is made.
4. Vocational rehabilitation services must cease as soon as the injured employee is no longer eligible for the services pursuant to subsection 1.
5. An injured employee is not entitled to vocational rehabilitation services solely because the position that he held at the time of his injury is no longer available.
κ2003 Statutes of Nevada, Page 1677 (CHAPTER 305, AB 168)κ
6. An injured employee or his dependents are not entitled to accrue or be paid any money for vocational rehabilitation services during the time the injured employee is incarcerated.
7. Any injured employee eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other vocational rehabilitation services offered by the insurer. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee shall be deemed to have refused counseling, training and other vocational rehabilitation services while he is incarcerated.
8. If an insurer cannot locate an injured employee for whom it has ordered vocational rehabilitation services, the insurer may close his claim 21 days after the insurer determines that the employee cannot be located. The insurer shall make a reasonable effort to locate the employee.
9. The reappearance of the injured employee after his claim has been closed does not automatically reinstate his eligibility for vocational rehabilitation benefits. If the employee wishes to reestablish his eligibility for [such] those benefits, he must file a written application with the insurer to reinstate his claim. The insurer shall reinstate the employees claim if good cause is shown for the employees absence.
Sec. 13. Chapter 616D of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a person wishes to contest a decision of the Administrator to impose an administrative fine pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS, he must file a notice of appeal with an appeals officer in accordance with this section. The notice of appeal must set forth the reasons the proposed administrative fine should not be imposed.
2. A person who is aggrieved by a written determination of the Administrator may appeal from the determination by filing a request for a hearing before an appeals officer. The request must be filed within 30 days after the date on which the notice of the Administrators determination was mailed by the Administrator.
3. If a notice of appeal is not filed as required by this section, the imposition of the administrative fine shall be deemed a final order and is not subject to review by any court or agency.
4. An administrative fine imposed pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS must be paid to the Division. If the violation for which the fine is levied was committed by a person while acting within the course and scope of his agency or employment, the fine must be paid by his principal or employer. The fine may be recovered in a civil action brought in the name of the Division in a court of competent jurisdiction in the county in which the violation occurred or in which the person against whom the fine is levied has his principal place of business.
Sec. 14. NRS 616D.120 is hereby amended to read as follows:
616D.120 1. Except as otherwise provided in this section, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:
(a) [Through fraud, coercion, duress or undue influence:
(1)] Induced a claimant to fail to report an accidental injury or occupational disease;
[(2) Persuaded]
(b) Without justification, persuaded a claimant to [settle] :
(1) Settle for an amount which is less than reasonable;
κ2003 Statutes of Nevada, Page 1678 (CHAPTER 305, AB 168)κ
[(3) Persuaded a claimant to settle]
(2) Settle for an amount which is less than reasonable while a hearing or an appeal is pending; or
[(4) Persuaded a claimant to accept]
(3) Accept less than the compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;
[(b)] (c) Refused to pay or unreasonably delayed payment to a claimant of compensation or other relief found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:
(1) Later than 10 days after the date of the settlement agreement or stipulation;
(2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or the Division, unless a stay has been granted; or
(3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or the Division has been lifted;
[(c)] (d) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
[(d)] (e) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation or other relief found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
[(e)] (f) Failed to comply with the Divisions regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;
[(f)] (g) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; or
[(g)] (h) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,
the Administrator shall impose an administrative fine of $1,000 for each initial violation, or a fine of $10,000 for a second or subsequent violation.
2. Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions:
(a) Issue a notice of correction for:
(1) A minor violation, as defined by regulations adopted by the Division; or
(2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.
κ2003 Statutes of Nevada, Page 1679 (CHAPTER 305, AB 168)κ
616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.
The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the Administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.
(b) Impose an administrative fine for:
(1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or
(2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).
The fine imposed [may] must not be greater than $250 for an initial violation, or more than $1,000 for any second or subsequent violation.
(c) Order a plan of corrective action to be submitted to the Administrator within 30 days after the date of the order.
3. If the Administrator determines that a violation of any of the provisions of paragraphs (a) to [(d),] (e), inclusive, of subsection 1 has occurred, the Administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty in an amount that is not less than $5,000 and not greater than $25,000. To determine the amount of the benefit penalty, the Administrator shall consider the degree of physical harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) , [or] (d) or (e) of subsection 1, the amount of compensation found to be due the claimant , and the number of fines and benefit penalties previously imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer pursuant to this section. If this is the third violation within 5 years for which a benefit penalty has been imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer, the Administrator shall also consider the degree of economic harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) , [or] (d) or (e) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the Administrators determination. If the claimant is the injured employee and he dies before the benefit penalty is paid to him, the benefit penalty must be paid to his estate. Proof of the payment of the benefit penalty must be submitted to the Administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.
4. In addition to any fine or benefit penalty imposed pursuant to this section, the Administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment, an administrative penalty of up to twice the amount of any underpaid assessment.
5. If:
κ2003 Statutes of Nevada, Page 1680 (CHAPTER 305, AB 168)κ
(a) The Administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and
(b) The Fraud Control Unit for Industrial Insurance of the Office of the Attorney General established pursuant to NRS 228.420 notifies the Administrator that the unit will not prosecute the person for that violation,
the Administrator shall impose an administrative fine of not more than $10,000.
6. Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the Commissioner as evidence for the withdrawal of:
(a) A certificate to act as a self-insured employer.
(b) A certificate to act as an association of self-insured public or private employers.
(c) A certificate of registration as a third-party administrator.
7. The Commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.
Sec. 15. NRS 616D.130 is hereby amended to read as follows:
616D.130 1. Upon receipt of a complaint for a violation of subsection 1 of NRS 616D.120, or if the Administrator has reason to believe that such a violation has occurred, the Administrator shall cause to be conducted an investigation of the alleged violation. Except as otherwise provided in subsection 2, the Administrator shall, within 30 days after initiating the investigation:
(a) Render a determination. The determination must include his findings of fact and, if he determines that a violation has occurred, one or more of the following:
(1) The amount of any fine required to be paid pursuant to NRS 616D.120.
(2) The amount of any benefit penalty required to be paid to a claimant pursuant to NRS 616D.120.
(3) A plan of corrective action to be taken by the insurer, organization for managed care, health care provider, third-party administrator or employer, including the manner and time within which the violation must be corrected.
(4) A requirement that notice of the violation be given to the appropriate agency that regulates the activities of the violator.
(b) Notify the Commissioner if he determines that a violation was committed by a self-insured employer, association of self-insured public or private employers or third-party administrator.
2. Upon receipt of a complaint for any violation of paragraph (a) [or] , (b), (c) or (d) of subsection 1 of NRS 616D.120, or if the Administrator has reason to believe that such a violation has occurred, the Administrator shall complete the investigation required by subsection 1 within [120] 60 days and, within 30 days after the completion of the investigation, render a determination and notify the Commissioner if he determines that a violation was committed by a self-insured employer, association of self-insured public or private employers or third-party administrator.
κ2003 Statutes of Nevada, Page 1681 (CHAPTER 305, AB 168)κ
was committed by a self-insured employer, association of self-insured public or private employers or third-party administrator.
3. If, based upon the Administrators findings of fact, he determines that a violation has not occurred, he shall issue a determination to that effect.
Sec. 16. NRS 616D.140 is hereby amended to read as follows:
616D.140 1. If a person wishes to contest a decision of the Administrator to impose [an administrative fine] or refuse to impose a benefit penalty pursuant to [this chapter or chapter 616A, 616B, 616C or 617 of NRS,] NRS 616D.120, he must file a notice of appeal with [the Division within 10 days after receipt of the Administrators decision, showing why] an appeals officer in accordance with this section. The notice of appeal must set forth the reasons the proposed [fine or] benefit penalty should or should not be imposed.
2. [If a notice of appeal is filed as required by subsection 1, the Administrator shall, in accordance with the provisions of NRS 233B.121, issue a notice of hearing that must include a date for a hearing on the matter, which must be no sooner than 30 days after the notice of appeal is filed. The Administrator may grant a continuance of the hearing upon a showing of good cause.] A person who is aggrieved by:
(a) A written determination of the Administrator; or
(b) The failure of the Administrator to respond within 90 days to a written request mailed to the Administrator by the person who is aggrieved,
may appeal from the determination or failure to respond by filing a request for a hearing before an appeals officer. The request must be filed within 30 days after the date on which the notice of the Administrators determination was mailed by the Administrator or within 100 days after the date on which the unanswered written request was mailed to the Administrator, as applicable. The failure of the Administrator to respond to a written request for a determination within 90 days after receipt of the request shall be deemed by the appeals officer to be a denial of the request.
3. If a notice of appeal is not filed as required by this section, the imposition of or refusal to impose the [fine or] benefit penalty shall be deemed a final order and is not subject to review by any court or agency.
4. [Except as otherwise provided in NRS 616A.467, a] A hearing held pursuant to this section must be conducted by the [Administrator or a person designated by him. A record of the hearing must be kept but it need not be transcribed unless it is requested by the person against whom the order or notice of violation has been issued and that person pays the cost of transcription. The Administrator] appeals officer as a hearing de novo. The appeals officer shall render a written decision on the appeal. Except as otherwise provided in this section, the provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this section.
5. [An administrative fine imposed pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS must be paid to the Division. If the violation for which the fine is levied was committed by a person while acting within the course and scope of his agency or employment, the fine must be paid by his principal or employer. The fine may be recovered in a civil action brought in the name of the Division in a court of competent jurisdiction in the county in which the violation occurred or in which the person against whom the fine is levied has his principal place of business.
κ2003 Statutes of Nevada, Page 1682 (CHAPTER 305, AB 168)κ
6.] A benefit penalty imposed pursuant to NRS 616D.120 must be paid to the claimant on whose behalf it is imposed. If such a payment is not made within the period required by NRS 616D.120, the benefit penalty may be recovered in a civil action brought by the Administrator on behalf of the claimant in a court of competent jurisdiction in the county in which the claimant resides, in which the violation occurred or in which the person who is required to pay the benefit penalty has his principal place of business.
[7.] 6. Any party aggrieved by a decision [of the Administrator rendered] issued pursuant to this section by an appeals officer may appeal the decision directly to the district court.
Sec. 17. NRS 616D.280 is hereby repealed.
Sec. 18. 1. This section becomes effective upon passage and approval.
2. Section 7 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2003, for all other purposes.
3. Sections 1 to 6, inclusive, and 8 to 17, inclusive, of this act become effective on October 1, 2003.
________
Assembly Bill No. 215Assemblymen Hettrick, Knecht, Grady, Hardy, Marvel and Sherer
Joint Sponsors: Senators McGinness and Townsend
CHAPTER 306
AN ACT relating to conservation districts; authorizing a conservation district to acquire, maintain or dispose of real or personal property for certain purposes; requiring a board of county commissioners to determine whether certain real property acquired by a conservation district is subject to payments in lieu of taxes; requiring the board of county commissioners to consider certain factors in making that determination; exempting from taxation certain real property acquired by a conservation district; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 548 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. In addition to other powers granted in this chapter, a district and the supervisors thereof may, in furtherance of the purposes and provisions of this chapter:
1. Obtain options upon and acquire, by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, except by adverse possession, any property, real or personal, or rights or interests therein;
2. Maintain, administer and improve any properties acquired;
3. Receive income from such properties and expend that income; and
κ2003 Statutes of Nevada, Page 1683 (CHAPTER 306, AB 215)κ
4. Sell, lease or otherwise dispose of any of its property or interests therein.
Sec. 3. 1. If a district acquires real property on or after July 1, 2003, which is not exempt from property taxes at the time it is acquired by the district, the board of county commissioners of the county in which the property is located shall determine whether the district is required to make payments in lieu of taxes on the property.
2. In determining whether to require the district to make payments in lieu of taxes, the board shall consider the contributions made by the district to the community, such as, providing a meeting place for community activities and such other factors as the board determines appropriate.
3. If the district is required to make payments in lieu of taxes, the amount of the payments must be equal to the property taxes which would have been payable on the property if it were not exempt from taxation. The county assessor of the county in which the property is located shall, solely for the purpose of facilitating the payments in lieu of taxes, assess the property in the same manner as the taxable property in the county is assessed. The ex officio tax receiver of that county shall mail to the district an individual bill for the payment in lieu of taxes in the same manner as is required by NRS 361.480 for an individual tax bill.
4. The payments in lieu of taxes are due at the same time and must be collected, accounted for and distributed in the same manner as if the property remained taxable after it was acquired by the district, except that no lien attaches upon any property or money of the district by virtue of any failure to make all or any part of the payments.
Sec. 4. NRS 361.060 is hereby amended to read as follows:
361.060 1. All lands and other property owned by the Nevada Rural Housing Authority or any county, domestic municipal corporation, irrigation drainage or reclamation district or town in this state are exempt from taxation, except as otherwise provided in NRS 539.213 with respect to certain community pastures.
2. Real property acquired on or after July 1, 2003, by a conservation district pursuant to section 2 of this act is exempt from taxation.
Sec. 5. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 1684κ
Assembly Bill No. 267Assemblyman Parks
CHAPTER 307
AN ACT relating to motor vehicles leased for a short term; revising provisions regarding the collection of governmental services fees and recovery surcharges from a short-term lessee; requiring a short-term lessor to report to the Department of Taxation on a quarterly basis the amount of any recovery surcharges collected by the short-term lessor during the immediately preceding calendar quarter; transferring certain duties and functions from the Department of Motor Vehicles to the Department of Taxation; requiring the Executive Director of the Department of Taxation to adopt certain regulations; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.313 is hereby amended to read as follows:
482.313 1. Upon the lease of a passenger car by a short-term lessor in this state, the short-term lessor:
(a) Shall charge and collect from the short-term lessee a governmental services fee of 6 percent of the total amount for which the passenger car was leased, excluding [any taxes or other fees imposed by a governmental entity.] the items described in subsection 7.
(b) May charge and collect from the short-term lessee a recovery surcharge not to exceed 3.5 percent of the total amount for which the passenger car was leased, excluding [any taxes or other fees imposed by a governmental entity,] the items described in subsection 8, as reimbursement for vehicle licensing fees and taxes paid by the short-term lessor.
The amount of any fee charged pursuant to this subsection must be indicated in the lease agreement.
2. The governmental services fees due from a short-term lessor to the Department of Taxation pursuant to this subsection are due on the last day of each calendar quarter. On or before the last day of the month following each calendar quarter, the short-term lessor shall:
(a) File with the Department of Taxation , [and the Department of Motor Vehicles,] on a form prescribed by the Department of Taxation, a report indicating the total amount of:
(1) Governmental services fees collected by the short-term lessor pursuant to paragraph (a) of subsection 1 during the immediately preceding calendar quarter ; [pursuant to this section; and]
(2) Recovery surcharges, if any, collected by the short-term lessor pursuant to paragraph (b) of subsection 1 during the immediately preceding calendar quarter; and
(3) Vehicle licensing fees and taxes paid by the short-term lessor pursuant to this chapter during the immediately preceding calendar quarter . [pursuant to this chapter.]
κ2003 Statutes of Nevada, Page 1685 (CHAPTER 307, AB 267)κ
(b) Remit to the Department of Taxation the governmental services fees collected by the short-term lessor pursuant to paragraph (a) of subsection 1 during the immediately preceding calendar quarter.
3. The Department of Taxation shall deposit all money received from short-term lessors pursuant to the provisions of this section with the State Treasurer for credit to the State General Fund.
4. To ensure compliance with this section, the Department of Taxation may audit the records of a short-term lessor.
5. The provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of this chapter.
6. The Department of Motor Vehicles shall, upon request, provide to the Department of Taxation any information in its records relating to a short-term lessor that the Department of Taxation considers necessary to collect the fee required by this section.
7. For the purposes of charging and collecting the governmental services fee described in paragraph (a) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:
(a) The amount of any recovery surcharge charged and collected pursuant to paragraph (b) of subsection 1;
(b) The amount of any charge for fuel used to operate the passenger car;
(c) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;
(d) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property; and
(e) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible.
8. For the purposes of charging and collecting the recovery surcharge described in paragraph (b) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:
(a) The amount of the governmental services fee charged and collected pursuant to paragraph (a) of subsection 1;
(b) The amount of any charge for a collision damage waiver or a similar instrument that acts as a waiver of the short-term lessors right to collect from the short-term lessee for any damage to the passenger car;
(c) The amount of any charge for fuel used to operate the passenger car;
(d) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;
(e) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property;
(f) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible; and
(g) The amount of any concession fee or charge that the short-term lessor:
(1) Is required to pay to do business at an airport, if applicable; and
(2) Passes on to the short-term lessee of the passenger car.
9. The Executive Director of the Department of Taxation shall:
κ2003 Statutes of Nevada, Page 1686 (CHAPTER 307, AB 267)κ
(a) Adopt such regulations as he determines are necessary to carry out the provisions of this section; and
(b) Upon the request of the Director of the Department of Motor Vehicles, provide to the Director of the Department of Motor Vehicles a copy of any record or report described in this section.
10. As used in this section, vehicle licensing fees and taxes means:
(a) The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by him; and
(b) The basic and supplemental governmental services taxes paid by the short-term lessor with regard to those passenger cars.
Sec. 2. NRS 482.315 is hereby amended to read as follows:
482.315 1. Every person engaged in business as a short-term lessor shall maintain a record of the identity of each short-term lessee and the exact time the vehicle is the subject of such lease or in the possession of the short-term lessee.
2. Every such record [shall be] is a public record and open to inspection by any person.
3. If the Executive Director of the Department of Taxation prescribes a form for the keeping of the record provided for in this section, the short-term lessor shall use the form.
4. It shall be a misdemeanor for any such short-term lessor to fail to make or have in his possession or to refuse an inspection of the record required in this section.
5. The Executive Director of the Department of Taxation shall:
(a) Adopt such regulations as he determines are necessary to carry out the provisions of this section; and
(b) Upon the request of the Director of the Department of Motor Vehicles, provide to the Director of the Department of Motor Vehicles a copy of any record described in this section.
Sec. 3. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 1687κ
Assembly Bill No. 287Assemblymen Mortenson, Collins, Goldwater, Hettrick, Claborn, Anderson, Andonov, Angle, Buckley, Chowning, Manendo, McCleary and Oceguera
CHAPTER 308
AN ACT relating to state land; imposing conditions on the transfer by the State of Nevada to a local government of any state park or interest therein; requiring legislative authorization before a local government to which such property or interest is transferred may sell, lease, encumber, alienate or otherwise dispose of the property or interest; authorizing the Division of State Parks of the State Department of Conservation and Natural Resources to enter into cooperative agreements with certain political subdivisions of this state to establish and maintain certain parks; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the State of Nevada leases, sells or otherwise transfers, with or without consideration, a state park or any part thereof to a local government, the local government must agree to operate and maintain the park or part thereof in such a manner that the use and enjoyment of the park or part thereof by the residents of this state is not diminished.
2. A local government to which is transferred any real property or other interest in a state park, including, without limitation, any facility, equipment, water right or mineral right, may not sell, lease, encumber, alienate or otherwise dispose of the real property or other interest without authorization by a concurrent resolution of the Legislature.
3. If the State of Nevada executes a deed for real property which is part of a state park and which is transferred to a local government, the deed must:
(a) Include restrictions that:
(1) Protect all historical and recreational value of the property;
(2) Guarantee public access to the property; and
(3) Prevent the local government or any successor in title from transferring the property without authorization by a concurrent resolution of the Legislature; and
(b) Provide for the reversion of title to the property to the State of Nevada upon the breach of any restriction specified in paragraph (a).
4. The transfer to a local government of any real property that is part of a state park must not occur if any underlying lease of land from the Bureau of Land Management used by the state park prohibits such a transfer or would, upon such a transfer, compromise the ability of the local government to use the real property as a park.
5. A local government to which is transferred real property that is part of a state park shall, if the real property is subject to a lease from any person or entity, including, without limitation, the Bureau of Land Management, take all actions reasonable and necessary to ensure that the leased property remains part of the park.
κ2003 Statutes of Nevada, Page 1688 (CHAPTER 308, AB 287)κ
person or entity, including, without limitation, the Bureau of Land Management, take all actions reasonable and necessary to ensure that the leased property remains part of the park.
Sec. 2. NRS 407.068 is hereby amended to read as follows:
407.068 1. As used in this section:
(a) Controlling subdivision means any political subdivision of this state, including irrigation, water conservancy and other districts, which owns or controls a site suited to a public park.
(b) Other state agency means any other agency of this state which owns or controls a site suited to a public park or is engaged in park and recreation development.
(c) Park includes any recreational facility.
(d) Using subdivision means any political subdivision of this state which is authorized to establish and maintain public parks.
2. The Administrator, subject to the approval of the Director, may enter into cooperative agreements for the operation of parks, not a part of the Division but which are of state park caliber, with any other state agency, controlling subdivision or using subdivision, for the primary purpose of establishing or maintaining a park where:
(a) A controlling subdivision is not authorized to establish or maintain parks; or
(b) A using subdivision would be subjected to an unfair financial burden through extensive use of the park by nonresidents of the using subdivision.
3. Such an agreement [shall] must include:
(a) The Division;
(b) The using subdivision in which the site is located; and
(c) The controlling subdivision or other state agency.
The agreement may include any other using subdivision whose residents may be expected to make substantial use of the park.
4. The Division shall apportion the cost of operation, or the combined state and local shares of the cost if federal funds are also received, as follows:
(a) As between the State and the using subdivision or subdivisions, on the basis of the number of persons residing outside the using subdivisions, as against the number of residents of such subdivisions, who are estimated or anticipated by the Division to use the park.
(b) As between two or more using subdivisions, on the basis of the number of residents of each so estimated or anticipated to use the park.
5. In addition to the cooperative agreements authorized pursuant to subsection 2, the Administrator, subject to the approval of the Director, may enter into a cooperative agreement with a using subdivision for the purpose of establishing and maintaining a park that:
(a) Is under the jurisdiction of the Division; and
(b) Will be used primarily by residents of the using subdivision.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 1689κ
Assembly Bill No. 293Assemblymen Mortenson, Giunchigliani, Koivisto, Gustavson, Hettrick, Beers, Conklin, Leslie, McCleary and Sherer
CHAPTER 309
AN ACT relating to elections; providing for the appointment of committees to prepare arguments for and against, and rebuttals for, certain statewide ballot questions; revising the population used to determine whether a board of county commissioners or city council is required to appoint committees to prepare arguments and rebuttals for certain ballot questions voted upon in the county or city; providing that, in certain counties and cities, if a ballot question is placed on the ballot by specified entities, committees must be appointed to prepare arguments advocating and opposing the ballot question; requiring the specified entities to submit timely a copy and explanation of the ballot question to the county clerk or city clerk, as applicable; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For each constitutional amendment or statewide measure proposed by initiative or referendum to be placed on the ballot by the Secretary of State, the Secretary of State shall, pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative or referendum and the other committee must be composed of three persons who oppose approval by the voters of the initiative or referendum.
2. If the Secretary of State is unable to appoint three persons who are willing to serve on a committee, he may appoint fewer than three persons to that committee, but he must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative or referendum and the committee that opposes approval by the voters of that initiative or referendum.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative or referendum.
4. The Secretary of State shall consider appointing to a committee pursuant to this section:
(a) Any person who has expressed an interest in serving on the committee; and
(b) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
κ2003 Statutes of Nevada, Page 1690 (CHAPTER 309, AB 293)κ
5. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative or referendum, prepare an argument either advocating or opposing approval by the voters of the initiative or referendum;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;
(f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
(1) The fiscal impact of the initiative or referendum;
(2) The environmental impact of the initiative or referendum; and
(3) The impact of the initiative or referendum on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the Secretary of State not later than the date prescribed by the Secretary of State pursuant to subsection 6.
6. The Secretary of State shall provide, by rule or regulation:
(a) The maximum permissible length of an argument and rebuttal prepared pursuant to this section; and
(b) The date by which an argument and rebuttal prepared pursuant to this section must be submitted by a committee to the Secretary of State.
7. Upon receipt of an argument or rebuttal prepared pursuant to this section, the Secretary of State:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative or referendum pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the Secretary of State rejects a statement pursuant to this subsection, the committee that prepared the statement may appeal that rejection to the Attorney General. The Attorney General shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the Attorney General shall issue his decision rejecting or accepting the statement. The decision of the Attorney General is a final decision for the purposes of judicial review.
8. The Secretary of State may revise the language submitted by a committee pursuant to this section so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect of the language without the consent of the committee.
Sec. 2. NRS 293.250 is hereby amended to read as follows:
293.250 1. The Secretary of State shall, in a manner consistent with the election laws of this state, prescribe:
(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
κ2003 Statutes of Nevada, Page 1691 (CHAPTER 309, AB 293)κ
(b) The procedure to be followed when a computer is used to register voters and to keep records of registration.
2. The Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.
(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.
3. The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voters choice.
4. The fiscal note for , [and] explanation of , arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure [, including arguments for and against it,] must be included on all sample ballots.
5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in section 1 of this act. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations , arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held.
6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.
7. A county clerk:
(a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.
(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.
Sec. 3. NRS 293.253 is hereby amended to read as follows:
293.253 1. The Secretary of State shall provide each county clerk with copies of any proposed constitution, constitutional amendment or statewide measure which will appear on the general election ballot, together with the copies of the condensations, explanations , arguments, rebuttals and fiscal notes prepared pursuant to NRS 218.443 and 293.250 [.] and section 1 of this act.
2. Whenever feasible, he shall provide those copies on or before the first Monday in August of the year in which the proposals will appear on the ballot. Copies of any additional proposals must be provided as soon after their filing as feasible.
3. Each county clerk shall cause a copy of the full text of any such constitution, amendment or measure and its condensation, explanation, [including arguments for and against it,] arguments, rebuttals and fiscal note to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the first Monday in October.
κ2003 Statutes of Nevada, Page 1692 (CHAPTER 309, AB 293)κ
to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the first Monday in October. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. If a copy is furnished by the Secretary of State too late to be published at 7-day intervals, it must be published three times at the longest intervals feasible in each county.
5. The portion of the cost of publication which is attributable to publishing the questions, explanations , arguments, rebuttals and fiscal notes of proposed constitutions, constitutional amendments or statewide measures is a charge against the State and must be paid from the Reserve for Statutory Contingency Account upon recommendation by the Secretary of State and approval by the State Board of Examiners.
Sec. 4. NRS 293.565 is hereby amended to read as follows:
293.565 1. Except as otherwise provided in subsection 2, sample ballots must include:
(a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250, for each proposed constitutional amendment or statewide measure;
(b) An explanation, as provided pursuant to NRS 218.443 [,] or 293.250, of each proposed constitutional amendment or statewide measure [, including arguments] ;
(c) Arguments for and against [it; and
(c)] each proposed constitutional amendment or statewide measure and rebuttals to each argument, as provided pursuant to NRS 218.443 or section 1 of this act; and
(d) The full text of each proposed constitutional amendment.
2. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:
(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;
(b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and
(c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.
3. At least 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
κ2003 Statutes of Nevada, Page 1693 (CHAPTER 309, AB 293)κ
4. Except as otherwise provided in subsection 5, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
5. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
6. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
7. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.
8. The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter.
9. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 5. NRS 295.121 is hereby amended to read as follows:
295.121 1. In a county whose population is [100,000] 40,000 or more, for each initiative, referendum or other question to be placed on the ballot by [the] :
(a) The board or county clerk, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160 [,] ;
(b) The governing body of a school district, public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the county; or
(c) A metropolitan police committee on fiscal affairs authorized by law to submit questions to some or all of the qualified electors or registered voters of the county,
the board shall, in consultation with the county clerk pursuant to subsection [4,] 5, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the county clerk pursuant to subsection [4,] 5, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
κ2003 Statutes of Nevada, Page 1694 (CHAPTER 309, AB 293)κ
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. The county clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The county clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:
(a) Make recommendations pursuant to subsection 5; and
(b) Appoint members to a committee pursuant to subsection 6.
5. Before the board appoints a committee pursuant to this section, the county clerk shall:
(a) Recommend to the board persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
[5.] 6. If the board of a county whose population is [100,000] 40,000 or more fails to appoint a committee as required pursuant to this section, the county clerk shall appoint the committee.
[6.] 7. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; [and]
(f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
(1) The fiscal impact of the initiative, referendum or other question;
(2) The environmental impact of the initiative, referendum or other question; and
(3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) , (e) and [(e)] (f) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection [7.] 8.
κ2003 Statutes of Nevada, Page 1695 (CHAPTER 309, AB 293)κ
[7.] 8. The county clerk of a county whose population is [100,000] 40,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.
[8.] 9. Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review.
[9.] 10. The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection [8.] 9. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
[10.] 11. In a county whose population is less than [100,000:] 40,000:
(a) The board may appoint committees pursuant to this section.
(b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection [7.] 8.
12. Except as otherwise provided in this subsection, if a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the county clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the county clerk is governed by subsection 2 of NRS 293.481.
Sec. 6. NRS 295.217 is hereby amended to read as follows:
295.217 1. In a city whose population is [60,000] 10,000 or more, for each initiative, referendum or other question to be placed on the ballot by the [council,] :
(a) Council, including, without limitation, pursuant to NRS 293.482 or 295.215 [,] ; or
(b) Governing body of a public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the city,
the council shall, in consultation with the city clerk pursuant to subsection [4,] 5, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
κ2003 Statutes of Nevada, Page 1696 (CHAPTER 309, AB 293)κ
the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the city clerk pursuant to subsection [4,] 5, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. The city clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The city clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:
(a) Make recommendations pursuant to subsection 5; and
(b) Appoint members to a committee pursuant to subsection 6.
5. Before the council appoints a committee pursuant to this section, the city clerk shall:
(a) Recommend to the council persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
[5.] 6. If the council of a city whose population is [60,000] 10,000 or more fails to appoint a committee as required pursuant to this section, the city clerk shall appoint the committee.
[6.] 7. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; [and]
(f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
κ2003 Statutes of Nevada, Page 1697 (CHAPTER 309, AB 293)κ
(1) The fiscal impact of the initiative, referendum or other question;
(2) The environmental impact of the initiative, referendum or other question; and
(3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) , (e) and [(e)] (f) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection [7.] 8.
[7.] 8. The city clerk of a city whose population is [60,000] 10,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.
[8.] 9. Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the city attorney. The city attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney shall issue his decision rejecting or accepting the statement. The decision of the city attorney is a final decision for the purposes of judicial review.
[9.] 10. The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection [8.] 9. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
[10.] 11. In a city whose population is less than [60,000:] 10,000:
(a) The council may appoint committees pursuant to this section.
(b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection [7.] 8.
12. If a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the city clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the city clerk is governed by subsection 2 of NRS 293.481.
Sec. 7. NRS 218.443 is hereby amended to read as follows:
218.443 1. As used in this section, first committee of reference means the committee to which a bill or joint resolution was first referred in the house of the Legislature into which it was introduced.
κ2003 Statutes of Nevada, Page 1698 (CHAPTER 309, AB 293)κ
2. Upon request from the first committee of reference, the Legal, Research and Fiscal Analysis Divisions of the Legislative Counsel Bureau shall prepare, for any proposed constitutional amendment or statewide measure which, if approved by the Legislature, would be submitted to a vote of the people:
(a) A condensation of the proposal into a question to be placed on the ballot;
(b) An explanation of the proposal, including arguments for and against [it; and] the proposal;
(c) If the Legislature rejects a statewide measure proposed by initiative, proposes a different measure on the same subject which the Governor approves and includes the measure on the ballot with the statewide measure proposed by initiative, rebuttals to each argument for and against the proposal; and
(d) A fiscal note for the proposal, including an explanation of any anticipated financial effects on state and local governments.
3. The condensation, explanation , arguments, rebuttals and fiscal note must be of reasonable length and written in easily understood language.
4. After the bill or joint resolution has been approved by both houses of the Legislature, the first committee of reference shall request the preparation of the condensation, explanation , arguments, rebuttals and fiscal note, if it has not already done so, and shall review the draft and approve such changes as it deems necessary.
5. The first committee of reference shall submit the condensation, explanation , arguments, rebuttals and fiscal note, in the form of a simple resolution, to the members of the house in which the proposed constitutional amendment or statewide measure was introduced. After that resolution is approved, it must be entered in the journal in its entirety and the enrolled resolution delivered to the Secretary of State to accompany the bill or joint resolution to which it relates.
6. If the Legislature adjourns before the procedures set forth in subsections 4 and 5 have been completed, the Legislative Commission shall review, revise and approve the condensation, explanation , arguments, rebuttals and fiscal note for delivery to the Secretary of State on or before July 1 of the year in which the general election is to be held.
7. In the case of a joint resolution which proposes a constitutional amendment, the condensation, explanation , arguments, rebuttals and fiscal note must be treated in the same manner when the proposal is before the Legislature for its second approval as when the proposal was first approved.
8. The Legislative Counsel Bureau shall distribute copies of the condensations, explanations , arguments, rebuttals and fiscal notes to members of the Legislature, public libraries, newspapers and broadcasters.
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κ2003 Statutes of Nevada, Page 1699κ
Assembly Bill No. 526Committee on Elections, Procedures, and Ethics
CHAPTER 310
AN ACT relating to elections; authorizing the contestant in a contest of a general election for the office of Assemblyman or Senator to amend the statement of contest by a certain date before the commencement of the legislative session; authorizing the parties in such a contest to take depositions, investigate the contest until the date of the hearing of the contest and present the evidence or findings of the investigation at the hearing of the contest; providing that the legislative house in which the contest was tried or was to be tried may determine the remedies awarded to a party in such a contest; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.425 is hereby amended to read as follows:
293.425 1. If the contest is of the general election for the office of Assemblyman or Senator, a statement of contest, prepared as provided in NRS 293.407, and all depositions, ballots and other documents relating to the contest must be filed with the Secretary of State within the time provided for the filing of statements of contests with the clerk of the district court. The parties to such a contest shall be designated contestant and defendant.
2. On or before December 15 of the year immediately preceding a regular legislative session:
(a) The contestant in a contest of a general election for the office of Assemblyman or Senator may amend the statement of contest filed pursuant to this section by filing an amended statement of contest and any relevant depositions, ballots and other documents relating to the contest with the Secretary of State; and
(b) Each party in a contest of a general election for the office of Assemblyman or Senator shall provide the Secretary of State with a list of the witnesses the party intends to present at the hearing of the contest.
3. Each party in a contest of a general election for the office of Assemblyman or Senator may:
(a) Before the hearing of the contest:
(1) Take the deposition of any witness in the manner prescribed by rule of court for taking depositions in civil actions in the district courts; and
(2) Investigate issues relating to the contest; and
(b) At the hearing of the contest, present any relevant depositions and other evidence obtained as a result of such investigation at the hearing of the contest, including, without limitation, evidence obtained after the date for filing an amended statement of contest. If a party obtains evidence after such date, the evidence may not be included in the statement of contest or amended statement of contest.
κ2003 Statutes of Nevada, Page 1700 (CHAPTER 310, AB 526)κ
Sec. 2. NRS 293.427 is hereby amended to read as follows:
293.427 1. The Secretary of State shall deliver the statement of contest filed pursuant to NRS 293.425 and all other documents , including any amendments to the statement, to the presiding officer of the appropriate house of the Legislature on the day of the organization of the Legislature.
2. Until the contest has been decided, the candidate who received the highest number of votes for the office in the contested election must be seated as a member of the appropriate house.
3. If, before the contest has been decided, a contestant gives written notice to the Secretary of State that he wishes to withdraw his statement of contest, the Secretary of State shall dismiss the contest.
4. The contest, if not dismissed, must be heard and decided as prescribed by the standing or special rules of the house in which the contest is to be tried. If after hearing the contest, the house decides to declare the contestant elected, the Governor shall execute a certificate of election and deliver it to the contestant. The certificate of election issued to the other candidate is thereafter void.
5. In a contest of a general election for the office of Assemblyman or Senator, the house in which a contest was tried or was to be tried shall determine the remedy, if any, to be awarded to a party to such a contest. The remedy may include, without limitation, any costs incurred by a party in connection with the contest.
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