[Rev. 2/6/2019 4:15:16 PM]
κ2003 Statutes of Nevada, Page 2451κ
Assembly Bill No. 441Assemblyman Perkins
CHAPTER 402
AN ACT relating to homeland security; creating the Nevada Commission on Homeland Security; setting forth the membership and duties of the Commission; providing certain exceptions to the open meeting law; requiring certain political subdivisions to adopt and maintain a response plan; establishing a plan for the continuation of state and local governmental operations; requiring certain utilities to conduct vulnerability assessments and to prepare emergency response plans; revising provisions relating to certain unlawful acts committed against utilities; requiring the Director of the Department of Information Technology to determine the confidentiality of certain records relating to the security of the State; providing for the confidentiality of certain documents, records and other information; imposing certain requirements for interoperability with respect to information and communication systems purchased by this state and local governments; requiring certain governmental entities to place automated external defibrillators in certain buildings and facilities; making various changes with respect to the authority of the Department of Motor Vehicles to accept and reject certain documents; increasing certain criminal penalties with respect to the fraudulent use of drivers licenses and identification cards; making an appropriation; providing penalties; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 19 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 27, inclusive, of this act.
Sec. 2. The Legislature hereby finds and declares that:
1. The tragic events of September 11, 2001, have refocused attention on the importance of domestic preparedness for acts of terrorism and related emergencies.
2. The events of September 11, 2001, not only impacted our homeland, but also the way of life for all Nevadans.
3. More than ever, the Nevada Legislature, representatives of local government, law enforcement and other public safety personnel, health care workers and technical service providers must lead the charge in fighting against these destructive and demoralizing acts of violence with strong and effective procedural deterrents and enhanced criminal penalties.
4. While local efforts and plans to respond to acts of terrorism and related emergencies are comprehensive, additional statewide provisions are necessary to adequately prepare for acts of cyber-terrorism, environmental catastrophes and other related incidents.
κ2003 Statutes of Nevada, Page 2452 (CHAPTER 402, AB 441)κ
5. As a result of the increased threat of terrorism, the Legislature is compelled to address critical infrastructures, governmental oversight and continuity, communications, and the protection of important government documents and plans.
6. It is therefore within the public interest that the Legislature enact provisions to:
(a) Protect sensitive state documents and computer systems from cyber-terrorism;
(b) Secure the States energy, telecommunications and water infrastructures;
(c) Ensure the continuity of government in the event of a terrorist attack;
(d) Develop policies providing for effective communication and interoperability among federal, state and local law enforcement and other first responders;
(e) Provide safeguards in the issuance of government identification; and
(f) Create an effective and comprehensive state oversight structure to coordinate these and other antiterrorism initiatives.
Sec. 3. (Deleted by amendment.)
Sec. 4. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 5 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 5. 1. Act of terrorism means any act that involves the use or attempted use of sabotage, coercion or violence which is intended to:
(a) Cause great bodily harm or death to the general population; or
(b) Cause substantial destruction, contamination or impairment of:
(1) Any building or infrastructure, communications, transportation, utilities or services; or
(2) Any natural resource or the environment.
2. As used in this section, coercion does not include an act of civil disobedience.
Sec. 6. Commission means the Nevada Commission on Homeland Security created by section 12 of this act.
Sec. 7. Governmental utility means:
1. Any utility that is owned, operated or controlled by this state or an agency or instrumentality of this state, including, without limitation, the Colorado River Commission of Nevada.
2. Any utility that is owned, operated or controlled by any county, city, town, general improvement district, special district or other local governmental entity under the authority of any general law, special law or city charter or any cooperative, interlocal or other agreement.
Sec. 8. Information system means any computer equipment, computer software, procedures or technology used to collect, process, distribute or store information that is related to the protection of homeland security.
Sec. 9. Political subdivision means a city or county of this state.
Sec. 10. Response agency means an agency of this state or of a political subdivision that provides services related to law enforcement, firefighting, emergency medical care or public safety, including, without limitation, the Nevada National Guard.
κ2003 Statutes of Nevada, Page 2453 (CHAPTER 402, AB 441)κ
Sec. 10.3. Restricted document means any blueprint or plan of a school, place of worship, airport, gaming establishment, governmental building or any other building or facility which is likely to be targeted for a terrorist attack.
Sec. 10.7. System of communication includes, without limitation, any public safety radio system or telecommunication system.
Sec. 11. 1. Utility means any public or private entity that:
(a) Provides water service, electric service or natural gas service to 500 or more service locations; or
(b) Operates any pipeline that is necessary to provide such service.
2. The term includes, without limitation:
(a) A governmental utility.
(b) A public utility that is regulated by the Public Utilities Commission of Nevada pursuant to chapter 704 of NRS.
(c) A rural electric cooperative established pursuant to chapter 81 of NRS.
(d) A cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.
(e) A community water system that is subject to the requirements of 42 U.S.C. § 300i-2.
Sec. 12. 1. The Nevada Commission on Homeland Security, consisting of the members appointed pursuant to this section, is hereby created.
2. The Governor shall appoint to the Commission a number of members that he determines to be appropriate, except that the Commission must include at least:
(a) One member who is a representative of a Nevada law enforcement agency; and
(b) One member who is not employed in the field of law enforcement and is not otherwise affiliated with the field of law enforcement.
3. The Senate Majority Leader shall appoint one member of the Senate as a nonvoting member of the Commission.
4. The Speaker of the Assembly shall appoint one member of the Assembly as a nonvoting member of the Commission.
5. Except for the initial members, the term of office of each member of the Commission who is a Legislator is 2 years and commences on July 1 of the year of appointment.
6. The Governor or his designee shall:
(a) Serve as Chairman of the Commission; and
(b) Appoint a member of the Commission to serve as Vice Chairman of the Commission.
Sec. 13. (Deleted by amendment.)
Sec. 14. 1. The Commission shall meet at the call of the Chairman as frequently as required to perform its duties, but no less than quarterly.
2. A majority of the voting members of the Commission constitutes a quorum for the transaction of business, and a majority of those voting members present at any meeting is sufficient for any official action taken by the Commission.
Sec. 15. 1. Each member of the Commission who is not a public employee is entitled to receive compensation of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission.
κ2003 Statutes of Nevada, Page 2454 (CHAPTER 402, AB 441)κ
as fixed by the Commission, while engaged in the business of the Commission.
2. A member of the Commission who is a public employee may not receive any compensation for his services as a member of the Commission. Any member of the Commission who is a public employee must be granted administrative leave from his duties to engage in the business of the Commission without loss of his regular compensation. Such leave does not reduce the amount of the members other accrued leave.
3. Except during a regular or special session of the Legislature, each legislative member of the Commission is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the Commission or is otherwise engaged in the business of the Commission. The compensation and expenses of the legislative members of the Commission must be paid from the Legislative Fund.
4. In addition to any compensation received pursuant to this section, while engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 16. 1. Except as otherwise provided in subsections 2 and 3, the Commission shall comply with the provisions of chapter 241 of NRS and all meetings of the Commission must be conducted in accordance with that chapter.
2. The Commission may hold a closed meeting to:
(a) Receive security briefings;
(b) Discuss procedures for responding to acts of terrorism and related emergencies; or
(c) Discuss deficiencies in security with respect to public services, public facilities and infrastructure,
if the Commission determines, upon a majority vote of its members, that the public disclosure of such matters would be likely to compromise, jeopardize or otherwise threaten the safety of the public.
3. All information and materials received or prepared by the Commission during a meeting closed pursuant to subsection 2 and all minutes and audiovisual or electronic reproductions of such a meeting are confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.
Sec. 17. The Commission shall, within the limits of available money:
1. Make recommendations to the Governor, the Legislature, agencies of this state, political subdivisions, businesses located within this state and private persons who reside in this state with respect to actions and measures that may be taken to protect residents of this state and visitors to this state from potential acts of terrorism and related emergencies.
2. Propose goals and programs that may be set and carried out, respectively, to counteract or prevent potential acts of terrorism and related emergencies before such acts of terrorism and related emergencies can harm or otherwise threaten residents of this state and visitors to this state.
3. With respect to buildings, facilities, geographic features and infrastructure that must be protected from acts of terrorism and related emergencies to ensure the safety of the residents of this state and visitors to this state, including, without limitation, airports, the Capitol Complex, dams, gaming establishments, governmental buildings, highways, hotels, information technology infrastructure, lakes, places of worship, power lines, public buildings, public utilities, reservoirs, rivers and their tributaries, and water facilities:
κ2003 Statutes of Nevada, Page 2455 (CHAPTER 402, AB 441)κ
dams, gaming establishments, governmental buildings, highways, hotels, information technology infrastructure, lakes, places of worship, power lines, public buildings, public utilities, reservoirs, rivers and their tributaries, and water facilities:
(a) Identify and categorize such buildings, facilities, geographic features and infrastructure according to their susceptibility to and need for protection from acts of terrorism and related emergencies; and
(b) Study and assess the security of such buildings, facilities, geographic features and infrastructure from acts of terrorism and related emergencies.
4. Examine the use, deployment and coordination of response agencies within this state to ensure that those agencies are adequately prepared to protect residents of this state and visitors to this state from acts of terrorism and related emergencies.
5. Assess, examine and review the use of information systems and systems of communication used by response agencies within this state to determine the degree to which such systems are compatible and interoperable. After conducting the assessment, examination and review, the Commission shall establish a state plan setting forth criteria and standards for the compatibility and interoperability of those systems when used by response agencies within this state.
6. Assess, examine and review the operation and efficacy of telephone systems and related systems used to provide emergency 911 service.
7. To the extent practicable, cooperate and coordinate with the Division of Emergency Management of the Department of Public Safety to avoid duplication of effort in developing policies and programs for preventing and responding to acts of terrorism and related emergencies.
8. Perform any other acts related to their duties set forth in subsections 1 to 7, inclusive, that the Commission determines are necessary to protect or enhance:
(a) The safety and security of the State of Nevada;
(b) The safety of residents of the State of Nevada; and
(c) The safety of visitors to the State of Nevada.
Sec. 17.5. On or before February 15 of each year, the Governor shall:
1. Prepare a report setting forth:
(a) The activities of the Commission; and
(b) A description of any matters with respect to which the Commission held a closed meeting or closed a portion of a meeting, if any, accompanied by an explanation of the reasons why the Commission determined that the meeting or portion thereof needed to be closed; and
2. Submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to:
(a) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or
(b) If the Legislature is not in session, the Legislative Commission.
Sec. 18. The Chairman of the Commission may, with the approval of the Commission, appoint committees from its members to assist in carrying out the duties of the Commission.
Sec. 19. The Governor shall provide such staff assistance to the Commission as he deems appropriate and may designate a state agency to provide such assistance.
κ2003 Statutes of Nevada, Page 2456 (CHAPTER 402, AB 441)κ
Sec. 20. The Commission may apply for and receive gifts, grants, contributions or other money from governmental and private agencies, affiliated associations and other persons to carry out the provisions of this chapter and to defray expenses incurred by the Commission in the discharge of its duties.
Sec. 21. 1. A document, record or other item of information described in subsection 2 that is prepared and maintained for the purpose of preventing or responding to an act of terrorism is confidential, not subject to subpoena or discovery and not subject to inspection by the general public if the Governor determines, by executive order, that the disclosure or release of the document, record or other item of information would thereby create a substantial likelihood of compromising, jeopardizing or otherwise threatening the public health, safety or welfare.
2. The types of documents, records or other items of information subject to executive order pursuant to subsection 1 are as follows:
(a) Assessments, plans or records that evaluate or reveal the susceptibility of fire stations, police stations and other law enforcement stations to acts of terrorism or other related emergencies.
(b) Drawings, maps, plans or records that reveal the critical infrastructure of primary buildings, facilities and other structures used for storing, transporting or transmitting water or electricity, natural gas or other forms of energy.
(c) Documents, records or other items of information which may reveal the details of a specific emergency response plan or other tactical operations by a response agency and any training relating to such emergency response plans or tactical operations.
(d) Handbooks, manuals or other forms of information detailing procedures to be followed by response agencies in the event of an act of terrorism or other related emergency.
(e) Documents, records or other items of information that reveal information pertaining to specialized equipment used for covert, emergency or tactical operations of a response agency, other than records relating to expenditures for such equipment.
(f) Documents, records or other items of information regarding the infrastructure and security of frequencies for radio transmissions used by response agencies, including, without limitation:
(1) Access codes, passwords or programs used to ensure the security of frequencies for radio transmissions used by response agencies;
(2) Procedures and processes used to ensure the security of frequencies for radio transmissions used by response agencies; and
(3) Plans used to reestablish security and service with respect to frequencies for radio transmissions used by response agencies after security has been breached or service has been interrupted.
3. If a person knowingly and unlawfully discloses a document, record or other item of information subject to an executive order issued pursuant to subsection 1 or assists, solicits or conspires with another person to disclose such a document, record or other item of information, the person is guilty of:
(a) A gross misdemeanor; or
(b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:
κ2003 Statutes of Nevada, Page 2457 (CHAPTER 402, AB 441)κ
(1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or
(2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.
Sec. 22. 1. Unless made confidential by specific statute, a restricted document may be inspected only by a person who provides:
(a) His name;
(b) A copy of his drivers license or other photographic identification that is issued by a governmental entity;
(c) The name of his employer, if any;
(d) His citizenship; and
(e) Except as otherwise provided in this paragraph, a statement of the purpose for the inspection. A person is not required to indicate the purpose for inspecting a restricted document if the person is an employee of any fire-fighting or law enforcement agency.
2. Except as otherwise provided in subsection 3, a public officer or employee shall observe any person while the person inspects a restricted document in a location and in a manner which ensures that the person does not copy, duplicate or reproduce the restricted document in any way.
3. A restricted document may be copied, duplicated or reproduced:
(a) Upon the lawful order of a court of competent jurisdiction;
(b) As is reasonably necessary in the case of an act of terrorism or other related emergency;
(c) To protect the rights and obligations of a governmental entity or the public;
(d) Upon the request of a reporter or editorial employee who is employed by or affiliated with a newspaper, press association or commercially operated and federally licensed radio or television station and who uses the restricted document in the course of such employment or affiliation; or
(e) Upon the request of a registered architect, licensed contractor or a designated employee of any such architect or contractor who uses the restricted document in his professional capacity.
4. A public officer or employee shall inform any person who inspects a restricted document of the provisions of this section.
Sec. 23. 1. A public officer or employee who is the custodian of a restricted document shall establish a log to record:
(a) The information described in subsection 1 of section 22 of this act when a person is allowed to inspect the document; and
(b) The date and time of the inspection.
2. The log is not a public record and may be inspected only by:
(a) A representative of a law enforcement agency; or
(b) A reporter or editorial employee who is employed by or affiliated with a newspaper, press association or commercially operated and federally licensed radio or television station.
Sec. 24. Nothing in section 22 or 23 of this act shall be deemed to prohibit a public officer or employee from contacting a law enforcement agency to report a suspicious or unusual request to inspect a restricted document.
κ2003 Statutes of Nevada, Page 2458 (CHAPTER 402, AB 441)κ
Sec. 25. 1. Each political subdivision shall adopt and maintain a response plan. Each new or revised plan must be filed within 10 days after adoption or revision with:
(a) The Division of Emergency Management of the Department of Public Safety; and
(b) Each response agency that provides services to the political subdivision.
2. The response plan required by subsection 1 must include:
(a) A drawing or map of the layout and boundaries of the political subdivision;
(b) A drawing or description of the streets and highways within, and leading into and out of, the political subdivision, including any approved routes for evacuation;
(c) The location and inventory of emergency response equipment and resources within the political subdivision;
(d) The location of any unusually hazardous substances within the political subdivision;
(e) A telephone number that may be used by residents of the political subdivision to receive information and to make reports with respect to an act of terrorism or related emergency;
(f) The location of one or more emergency response command posts that are located within the political subdivision;
(g) A depiction of the location of each police station, sheriffs office and fire station that is located within the political subdivision;
(h) Plans for the continuity of the operations and services of the political subdivision, which plans must be consistent with the provisions of section 26 of this act; and
(i) Any other information that the Commission may determine to be relevant.
3. A plan filed pursuant to the requirements of this section, including any revisions adopted thereto, is confidential and must be securely maintained by the entities with whom it is filed pursuant to subsection 1. An officer, employee or other person to whom the plan is entrusted by the entity with whom it is filed shall not disclose the contents of such a plan except:
(a) Upon the lawful order of a court of competent jurisdiction; or
(b) As is reasonably necessary in the case of an act of terrorism or related emergency.
Sec. 26. 1. In accordance with the provisions of Section 37 of Article 4 of the Nevada Constitution, the Nevada Legislature hereby establishes a plan for continuation of state and local governmental operations. The provisions set forth in this section apply only in, and must be used in accordance with, the circumstances described in subsection 2.
2. In the event that this state or a portion of this state is stricken by a catastrophic emergency of such magnitude that, in the opinion of the Governor or, in the absence of the Governor, the Lieutenant Governor, the existing provisions of the Nevada Constitution and the statutes of this state relating to the filling of vacancies in office are not able to provide for a sufficiently expedient continuity of government and temporary succession of power as a result of vacancies in office created by the catastrophic emergency, the provisions of subsections 3 to 10, inclusive, apply.
κ2003 Statutes of Nevada, Page 2459 (CHAPTER 402, AB 441)κ
3. If a vacancy occurs in the Office of Governor as a result of a catastrophic emergency and none of the successors described in NRS 223.080 are able or available to act as Governor, the Legislature shall elect a person to serve as Governor. If the Legislature is not in session at the time the vacancy occurs, the Legislature may call itself into special session to elect a person to serve as Governor.
4. If vacancies occur in more than 15 percent of the seats in either house of the Legislature as a result of a catastrophic emergency:
(a) The remaining Legislators available for duty constitute the Legislature and have full power to act in separate or joint assembly by majority vote of those present;
(b) Any requirements for a quorum applicable to the Legislature must initially be suspended and must subsequently be adjusted as vacant offices are filled pursuant to NRS 218.043; and
(c) If the affirmative vote of a specified proportion of members of the Legislature is required for the approval of a legislative measure, the same proportion of remaining members of the Legislature is sufficient for approval of that measure.
5. If vacancies occur in more than 15 percent of the positions held by justices on the Supreme Court as a result of a catastrophic emergency, the vacancies must be filled by appointment of the Governor.
6. If vacancies occur in more than 15 percent of the positions held by the district judges in any one judicial district as a result of a catastrophic emergency, the vacancies must be filled by appointment of the Supreme Court.
7. If vacancies occur on a board of county commissioners as a result of a catastrophic emergency:
(a) The remaining members of the board available for duty constitute the board and have full power to act by majority vote of those present; and
(b) Any requirements for a quorum applicable to the board must initially be suspended and must subsequently be adjusted as vacant offices are filled.
If a board of county commissioners is rendered entirely vacant as a result of a catastrophic emergency, such other elected officers of the county as may be available to serve on the board have full authority to act in all matters as a board of county commissioners.
8. If vacancies occur on a city council as a result of a catastrophic emergency:
(a) The remaining members of the council available for duty constitute the council and have full power to act by majority vote of those present; and
(b) Any requirements for a quorum applicable to the council must initially be suspended and must subsequently be adjusted as vacant offices are filled.
If a city council is rendered entirely vacant as a result of a catastrophic emergency, such other elected officers of the city as may be available to serve on the council have full authority to act in all matters as a city council.
9. If, during or following a catastrophic emergency, a majority of the members of a legislative body described in this section determines that, for purposes of safety or to address related concerns, the legislative body should meet at a location other than the location at which the legislative body ordinarily meets, the legislative body may arrange to meet at an alternate location.
κ2003 Statutes of Nevada, Page 2460 (CHAPTER 402, AB 441)κ
body ordinarily meets, the legislative body may arrange to meet at an alternate location.
10. After a catastrophic emergency has taken place, the Governor or, in the absence of the Governor, the Lieutenant Governor, shall:
(a) Determine and announce publicly when conditions have normalized within this state or the portion thereof affected by the catastrophic emergency.
(b) In cooperation with the Secretary of State, develop procedures and a reasonable schedule for filling by regular election the various offices filled temporarily pursuant to this section.
11. As used in this section, catastrophic emergency means an emergency resulting from disasters caused by enemy attack, in accordance with Section 37 of Article 4 of the Nevada Constitution.
Sec. 27. 1. Each utility shall:
(a) Conduct a vulnerability assessment in accordance with the requirements of the federal and regional agencies that regulate the utility; and
(b) Prepare and maintain an emergency response plan in accordance with the requirements of the federal and regional agencies that regulate the utility.
2. Each utility shall:
(a) As soon as practicable but not later than December 31, 2003, submit its vulnerability assessment and emergency response plan to the Division of Emergency Management of the Department of Public Safety; and
(b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than December 31 of each year, submit the results of its review and any additions or modifications to its emergency response plan to the Division of Emergency Management of the Department of Public Safety.
3. Each vulnerability assessment and emergency response plan of a utility and any other information concerning a utility that is necessary to carry out the provisions of this section is confidential and must be securely maintained by each person or entity that has possession, custody or control of the information.
4. A person shall not disclose such information, except:
(a) Upon the lawful order of a court of competent jurisdiction;
(b) As is reasonably necessary to carry out the provisions of this section or the operations of the utility, as determined by the Division of Emergency Management of the Department of Public Safety; or
(c) As is reasonably necessary in the case of an emergency involving public health or safety, as determined by the Division of Emergency Management of the Department of Public Safety.
5. If a person knowingly and unlawfully discloses such information or assists, solicits or conspires with another person to disclose such information, the person is guilty of:
(a) A gross misdemeanor; or
(b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:
κ2003 Statutes of Nevada, Page 2461 (CHAPTER 402, AB 441)κ
(1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or
(2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.
Sec. 27.5. Chapter 242 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, records and portions of records that are assembled, maintained, overseen or prepared by the Department to mitigate, prevent or respond to acts of terrorism, the public disclosure of which would, in the determination of the Director, create a substantial likelihood of threatening the safety of the general public are confidential and not subject to inspection by the general public to the extent that such records and portions of records consist of or include:
(a) Information regarding the infrastructure and security of information systems, including, without limitation:
(1) Access codes, passwords and programs used to ensure the security of an information system;
(2) Access codes used to ensure the security of software applications;
(3) Procedures and processes used to ensure the security of an information system; and
(4) Plans used to reestablish security and service with respect to an information system after security has been breached or service has been interrupted.
(b) Assessments and plans that relate specifically and uniquely to the vulnerability of an information system or to the measures which will be taken to respond to such vulnerability, including, without limitation, any compiled underlying data necessary to prepare such assessments and plans.
(c) The results of tests of the security of an information system, insofar as those results reveal specific vulnerabilities relative to the information system.
2. The Director shall maintain or cause to be maintained a list of each record or portion of a record that the Director has determined to be confidential pursuant to subsection 1. The list described in this subsection must be prepared and maintained so as to recognize the existence of each such record or portion of a record without revealing the contents thereof.
3. At least once each biennium, the Director shall review the list described in subsection 2 and shall, with respect to each record or portion of a record that the Director has determined to be confidential pursuant to subsection 1:
(a) Determine that the record or portion of a record remains confidential in accordance with the criteria set forth in subsection 1;
(b) Determine that the record or portion of a record is no longer confidential in accordance with the criteria set forth in subsection 1; or
(c) If the Director determines that the record or portion of a record is obsolete, cause the record or portion of a record to be disposed of in the manner described in NRS 239.073 to 239.125, inclusive.
4. On or before February 15 of each year, the Director shall:
(a) Prepare a report setting forth a detailed description of each record or portion of a record determined to be confidential pursuant to this section, if any, accompanied by an explanation of why each such record or portion of a record was determined to be confidential; and
κ2003 Statutes of Nevada, Page 2462 (CHAPTER 402, AB 441)κ
section, if any, accompanied by an explanation of why each such record or portion of a record was determined to be confidential; and
(b) Submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or
(2) If the Legislature is not in session, the Legislative Commission.
5. As used in this section, act of terrorism has the meaning ascribed to it in section 5 of this act.
Sec. 28. NRS 205.465 is hereby amended to read as follows:
205.465 1. It is unlawful for a person to possess, sell or transfer any document or personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or any other person.
2. A person who:
(a) Sells or transfers any such document or personal identifying information in violation of subsection 1; or
(b) Possesses any such document or personal identifying information in violation of subsection 1 to commit any of the crimes set forth in NRS 205.085 to 205.217, inclusive, 205.473 to 205.513, inclusive, or 205.610 to 205.810, inclusive,
is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. Except as otherwise provided in this subsection and subsection 2, a person who possesses any such document or personal identifying information in violation of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130. If a person possesses any such document or personal identifying information in violation of subsection 1 for the sole purpose of establishing false proof of age, including, without limitation, establishing false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.
4. Subsection 1 does not:
(a) Preclude the adoption by a city or county of an ordinance prohibiting the possession of any such document or personal identifying information; or
(b) Prohibit the possession or use of any such document or personal identifying information by officers of local police, sheriff and metropolitan police departments and by agents of the Investigation Division of the Department of Public Safety while engaged in undercover investigations related to the lawful discharge of their duties.
5. As used in this section:
(a) Document includes, without limitation, a photocopy print, photostat and other replica of a document.
(b) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, savings account number, credit card number, debit card number, date of birth, place of employment and maiden name of the mother of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.
κ2003 Statutes of Nevada, Page 2463 (CHAPTER 402, AB 441)κ
Sec. 29. NRS 207.345 is hereby amended to read as follows:
207.345 [Every person who impersonates]
1. A person shall not:
(a) Impersonate an officer or employee of a utility [company or who] or, without authority [assumes] , assume any characteristic, such as a uniform or insigne , or any identification by which [such person] an officer or employee of a utility is distinguished [, and in such assumed character does] , known or identified; and
(b) Use the impersonation or the assumed characteristic or identity to commit or attempt to commit any unlawful act or any act [purporting] in which the person purports to represent the utility [company,] or an officer or employee of the utility.
2. A person who violates any provision of this section is guilty of [a misdemeanor.] :
(a) A gross misdemeanor; or
(b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:
(1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or
(2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.
Sec. 30. Chapter 332 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On and after July 1, 2005, a governing body or its authorized representative shall not purchase an information system or system of communication for use by a response agency unless the system complies with the plan established pursuant to subsection 5 of section 17 of this act.
2. On and after July 1, 2005, any grant or other money received by a local government from the Federal Government for the purchase of an information system or system of communication for use by a response agency must not be used to purchase such a system unless the system complies with the plan established pursuant to subsection 5 of section 17 of this act.
3. As used in this section:
(a) Information system has the meaning ascribed to it in section 8 of this act.
(b) Response agency has the meaning ascribed to it in section 10 of this act.
(c) System of communication has the meaning ascribed to it in section 10.7 of this act.
Sec. 31. Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On and after July 1, 2005, the Chief, the Purchasing Division or a using agency shall not purchase an information system or system of communication for use by a response agency unless the system complies with the plan established pursuant to subsection 5 of section 17 of this act.
2. On and after July 1, 2005, any grant or other money received by the Chief, the Purchasing Division or a using agency from the Federal Government for the purchase of an information system or system of communication for use by a response agency must not be used to purchase such a system unless the system complies with the plan established pursuant to subsection 5 of section 17 of this act.
κ2003 Statutes of Nevada, Page 2464 (CHAPTER 402, AB 441)κ
such a system unless the system complies with the plan established pursuant to subsection 5 of section 17 of this act.
3. As used in this section:
(a) Information system has the meaning ascribed to it in section 8 of this act.
(b) Response agency has the meaning ascribed to it in section 10 of this act.
(c) System of communication has the meaning ascribed to it in section 10.7 of this act.
Sec. 32. (Deleted by amendment.)
Sec. 33. Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Not later than July 1, 2004, and thereafter:
(a) The board of trustees of a school district in a county whose population is 100,000 or more shall ensure that at least one automated external defibrillator is placed in a central location at each high school within the district.
(b) The Airport Authority of Washoe County shall ensure that at least three automated external defibrillators are placed in central locations at the largest airport within the county.
(c) The board of county commissioners of each county whose population is 400,000 or more shall ensure that at least seven automated external defibrillators are placed in central locations at the largest airport within the county.
(d) The Board of Regents of the University of Nevada shall ensure that at least two automated external defibrillators are placed in central locations at each of:
(1) The largest indoor sporting arena or events center controlled by the University in a county whose population is 100,000 or more but less than 400,000; and
(2) The largest indoor sporting arena or events center controlled by the University in a county whose population is 400,000 or more.
(e) The Health Division shall ensure that at least one automated external defibrillator is placed in a central location at each of the following state buildings:
(1) The Capitol Building in Carson City;
(2) The Kinkead Building in Carson City;
(3) The Legislative Building in Carson City; and
(4) The Grant Sawyer Building in Las Vegas.
(f) The board of county commissioners of each county whose population is 100,000 or more shall:
(1) Identify five county buildings or offices in each of their respective counties which are characterized by large amounts of pedestrian traffic or which house one or more county agencies that provide services to large numbers of persons; and
(2) Ensure that at least one automated external defibrillator is placed in a central location at each county building or office identified pursuant to subparagraph (1).
2. Each governmental entity that is required to ensure the placement of one or more automated external defibrillators pursuant to subsection 1:
(a) May accept gifts, grants and donations for use in obtaining, inspecting and maintaining the defibrillators;
κ2003 Statutes of Nevada, Page 2465 (CHAPTER 402, AB 441)κ
(b) Shall ensure that those defibrillators are inspected and maintained on a regular basis; and
(c) Shall encourage the entity where the automated external defibrillator is placed to require any employee who will use the automated external defibrillator to successfully complete the training requirements of a course in basic emergency care of a person in cardiac arrest that includes training in the operation and use of an automated external defibrillator and is conducted in accordance with the standards of the American Heart Association, the American National Red Cross or any other similar organization.
3. As used in this section, automated external defibrillator means a medical device that:
(a) Has been approved by the United States Food and Drug Administration;
(b) Is capable of recognizing the presence or absence, in a patient, of ventricular fibrillation and rapid ventricular tachycardia;
(c) Is capable of determining, without intervention by the operator of the device, whether defibrillation should be performed on the patient;
(d) Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patients heart; and
(e) Upon action by the operator of the device, delivers to the patients heart an appropriate electrical impulse.
Sec. 34. NRS 483.290 is hereby amended to read as follows:
483.290 1. Every application for an instruction permit or for a drivers license must:
(a) Be made upon a form furnished by the Department.
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.
(c) Be accompanied by the required fee.
(d) State the full name, date of birth, sex and residence address of the applicant and briefly describe the applicant.
(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.
(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.
2. [Every] Except as otherwise provided in subsections 5, 6 and 7, every applicant must furnish proof of his age by displaying:
(a) If the applicant was born in the United States, a birth certificate issued by a state or the District of Columbia or other proof of the date of birth of the applicant, including, but not limited to, a drivers license issued by another state or the District of Columbia, or a baptismal certificate and other proof that is determined to be necessary and is acceptable to the Department; or
(b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, [Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization] Permanent Resident Card or Temporary Resident Card issued by the [Immigration and Naturalization Service of the United States Department of Justice] Bureau of Citizenship and Immigration Services or a Consular Report of Birth Abroad [of a United States Citizen Child] issued by the Department of State, a drivers license issued by another state or the District of Columbia or other proof acceptable to the Department other than a passport issued by a foreign government.
κ2003 Statutes of Nevada, Page 2466 (CHAPTER 402, AB 441)κ
issued by the [Immigration and Naturalization Service of the United States Department of Justice] Bureau of Citizenship and Immigration Services or a Consular Report of Birth Abroad [of a United States Citizen Child] issued by the Department of State, a drivers license issued by another state or the District of Columbia or other proof acceptable to the Department other than a passport issued by a foreign government.
3. At the time of applying for a drivers license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.
4. Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or
(b) Other proof acceptable to the Department, including, but not limited to, records of employment or federal income tax returns.
5. The Department may refuse to accept a drivers license issued by another state or the District of Columbia if the Department determines that the other state or the District of Columbia has less stringent standards than the State of Nevada for the issuance of a drivers license.
6. With respect to any document described in paragraph (b) of subsection 2, the Department may:
(a) If the document has expired, refuse to accept the document or refuse to issue a drivers license to the person presenting the document, or both; and
(b) If the document specifies a date by which the person presenting the document must depart from the United States, issue to the person presenting the document a drivers license that expires on the date on which the person is required to depart from the United States.
7. The Director shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license in accordance with this section to a person who is a citizen of a foreign country. The criteria must be based upon the purpose for which that person is present within the United States.
Sec. 35. NRS 483.530 is hereby amended to read as follows:
483.530 [It]
1. Except as otherwise provided in subsection 2, it is a misdemeanor for any person:
[1.] (a) To display or cause or permit to be displayed or have in his possession any cancelled, revoked, suspended, fictitious, fraudulently altered or fraudulently obtained drivers license;
[2.] (b) To alter, forge, substitute, counterfeit or use an unvalidated drivers license;
[3.] (c) To lend his drivers license to any other person or knowingly permit the use thereof by another;
[4.] (d) To display or represent as ones own any drivers license not issued to him;
[5.] (e) To fail or refuse to surrender to the Department, a peace officer or a court upon lawful demand any drivers license which has been suspended, revoked or cancelled;
[6. To use a false or fictitious name in any application for a drivers license or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application;
7.] (f) To permit any unlawful use of a drivers license issued to him;
κ2003 Statutes of Nevada, Page 2467 (CHAPTER 402, AB 441)κ
[8.] (g) To do any act forbidden, or fail to perform any act required, by NRS 483.010 to 483.630, inclusive; or
[9.] (h) To photograph, photostat, duplicate [,] or in any way reproduce any drivers license or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or have in his possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by this chapter.
2. Except as otherwise provided in this subsection, a person who uses a false or fictitious name in any application for a drivers license or identification card or who knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application is guilty of a category E felony and shall be punished as provided in NRS 193.130. If the false statement, knowing concealment of a material fact or other commission of fraud described in this subsection relates solely to the age of a person, including, without limitation, to establish false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.
Sec. 36. NRS 483.860 is hereby amended to read as follows:
483.860 1. [Every] Except as otherwise provided in subsection 3, every applicant for an identification card must furnish proof of his age by presenting a birth certificate issued by a state or the District of Columbia or other proof of the applicants date of birth, including, but not limited to, a drivers license or identification card issued by another state or the District of Columbia, or a baptismal certificate and such other corroboration of the matters stated in his application as are required of applicants for a drivers license.
2. Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the applicants social security number; or
(b) Other proof acceptable to the Department, including, but not limited to, records of employment or federal income tax returns.
3. The Department may refuse to accept a drivers license or identification card issued by another state or the District of Columbia if the Department determines that the other state or the District of Columbia has less stringent standards than the State of Nevada for the issuance of a drivers license or identification card.
4. With respect to any document described in subsection 1, the Department may, if the document has expired, refuse to accept the document or refuse to issue an identification card to the person presenting the document, or both.
5. The Director shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card in accordance with this section to a person who is a citizen of a foreign country. The criteria must be based upon the purpose for which that person is present within the United States.
Sec. 37. NRS 486.081 is hereby amended to read as follows:
486.081 1. Every application for a motorcycle drivers license must be made upon a form furnished by the Department and must be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.
κ2003 Statutes of Nevada, Page 2468 (CHAPTER 402, AB 441)κ
2. Every application must:
(a) State the full name, date of birth, sex and residence address of the applicant;
(b) Briefly describe the applicant;
(c) State whether the applicant has previously been licensed as a driver, and, if so, when and by what state or country;
(d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and
(e) Give such other information as the Department requires to determine the competency and eligibility of the applicant.
3. [Every] Except as otherwise provided in subsections 4, 5 and 6, every applicant shall furnish proof of his age by displaying:
(a) If he was born in the United States, a certified state-issued birth certificate, baptismal certificate, drivers license issued by another state or the District of Columbia or other proof acceptable to the Department; or
(b) If he was born outside the United States, a:
(1) Certificate of Citizenship, Certificate of Naturalization, [Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization] Permanent Resident Card or Temporary Resident Card issued by the [Immigration and Naturalization Service of the Department of Justice;] Bureau of Citizenship and Immigration Services;
(2) Consular Report of Birth Abroad [of a United States Citizen Child] issued by the Department of State;
(3) Drivers license issued by another state or the District of Columbia; or
(4) Passport issued by the United States Government.
4. The Department may refuse to accept a drivers license issued by another state or the District of Columbia if the Department determines that the other state or the District of Columbia has less stringent standards than the State of Nevada for the issuance of a drivers license.
5. With respect to any document described in paragraph (b) of subsection 3, the Department may:
(a) If the document has expired, refuse to accept the document or refuse to issue a drivers license to the person presenting the document, or both; and
(b) If the document specifies a date by which the person presenting the document must depart from the United States, issue to the person presenting the document a drivers license that expires on the date on which the person is required to depart from the United States.
6. The Director shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license in accordance with this section to a person who is a citizen of a foreign country. The criteria must be based upon the purpose for which that person is present within the United States.
Sec. 38. (Deleted by amendment.)
Sec. 38.5. 1. There is hereby appropriated from the State General Fund to the Nevada Commission on Homeland Security for the use of the Commission in carrying out its duties:
κ2003 Statutes of Nevada, Page 2469 (CHAPTER 402, AB 441)κ
For the Fiscal Year 2003-2004..................................................... $118,750
For the Fiscal Year 2004-2005..................................................... $111,069
2. Any remaining balance of the appropriation made by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the State General Fund as soon as all payments of money committed have been made.
3. As used in this section, Nevada Commission on Homeland Security means the Nevada Commission on Homeland Security created by section 12 of this act.
Sec. 39. As soon as practicable after July 1, 2003:
1. The Senate Majority Leader shall appoint one member of the Senate to the Nevada Commission on Homeland Security pursuant to subsection 3 of section 12 of this act to a term that expires on June 30, 2005.
2. The Speaker of the Assembly shall appoint one member of the Assembly to the Nevada Commission on Homeland Security pursuant to subsection 4 of section 12 of this act to a term that expires on June 30, 2005.
Sec. 40. 1. This section and sections 1 to 33, inclusive, 38, 38.5 and 39 of this act become effective on July 1, 2003.
2. Sections 34 to 37, inclusive, of this act become effective on January 1, 2004.
3. The provisions of sections 21 to 24, inclusive, and 27.5 of this act expire by limitation on June 30, 2007.
________
κ2003 Statutes of Nevada, Page 2470κ
Assembly Bill No. 498Committee on Commerce and Labor
CHAPTER 403
AN ACT relating to property; increasing the length of notice before a person who is 60 years of age or older or who has a disability may be evicted from certain periodic tenancies under certain circumstances; revising the provisions governing the calculation of interest on deposits held by landlords; requiring a landlord to provide certain information to tenants; expanding the requirements for continuing education for managers and assistant managers of such parks; authorizing a landlord to require a security deposit for certain uses of facilities in such parks; providing for an expedited notice of termination of leases under certain circumstances; providing for the termination of a lease without notice for habitual nonpayment of rent; revising the provisions governing the obligations of a landlord upon converting a park to another use; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The landlord of a manufactured home park shall post in a conspicuous and readily accessible place in the community or recreational facility in the manufactured home park, at or near the entrance of the manufactured home park or in another common area in the manufactured home park, a legible and typewritten sign that contains the following contact information regarding the Division in substantially the following form:
TENANTS OF MANUFACTURED HOME PARKS ARE
ENTITLED TO CERTAIN RIGHTS UNDER NEVADA
REVISED STATUTES
To obtain information regarding your rights as a tenant under Nevada Revised Statutes, you may contact the Manufactured Housing Division of the Department of Business and Industry as follows:
SOUTHERN NEVADA:
(The address of the Division in Southern Nevada)
(The local telephone number of the Division in Southern Nevada)
NORTHERN NEVADA:
(The address of the Division in Northern Nevada)
(The local telephone number of the Division in Northern Nevada)
κ2003 Statutes of Nevada, Page 2471 (CHAPTER 403, AB 498)κ
INTERNET:
(The Internet address of the Division)
2. The Division shall notify each landlord if any of the contact information regarding the Division changes. Not later than 30 days after receiving such a notice from the Division, the landlord shall replace the existing sign with a new sign that contains the new contact information regarding the Division.
Sec. 2. NRS 118B.040 is hereby amended to read as follows:
118B.040 1. An approved applicant for residency may request 72 hours to review the proposed rental agreement or lease, the rules and regulations of the manufactured home park and other residency documents. Upon receiving such a request, the landlord shall allow the approved applicant to review the documents for 72 hours. This review period does not, however, prevent the landlord from accepting another tenant for the space or residency while the 72 hours is pending.
2. A rental agreement or lease between a landlord and tenant to rent or lease any manufactured home lot must be in writing. The landlord shall give the tenant a copy of the agreement or lease at the time the tenant signs it.
[2.] 3. A rental agreement or lease must contain, but is not limited to, provisions relating to:
(a) The duration of the agreement.
(b) The amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.
(c) Restrictions on occupancy by children or pets.
(d) Services and utilities included with the rental of a lot and the responsibility of maintaining or paying for them, including the charge, if any, for cleaning the lots.
(e) Deposits which may be required and the conditions for their refund.
(f) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.
(g) The name and address of the owner of the manufactured home park and his authorized agent.
(h) Any restrictions on subletting.
(i) Any recreational facilities and other amenities provided to the tenant and any deposits or fees required for their use.
(j) Any restriction of the park to older persons pursuant to federal law.
(k) The dimensions of the manufactured home lot of the tenant.
(l) A summary of the provisions of NRS 202.470.
(m) Information regarding the procedure pursuant to which a tenant may report to the appropriate authorities:
(1) A nuisance.
(2) A violation of a building, safety or health code or regulation.
(n) The amount to be charged each month to the tenant to reimburse the landlord for the cost of a capital improvement to the manufactured home park. Such an amount must be stated separately and include the length of time the charge will be collected and the total amount to be recovered by the landlord from all tenants in the manufactured home park.
Sec. 3. NRS 118B.060 is hereby amended to read as follows:
118B.060 1. Any payment, deposit, fee or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees and is collected as prepaid rent or a sum to compensate for any tenant default is a deposit governed by the provisions of this section.
κ2003 Statutes of Nevada, Page 2472 (CHAPTER 403, AB 498)κ
fees and is collected as prepaid rent or a sum to compensate for any tenant default is a deposit governed by the provisions of this section.
2. The landlord shall maintain a separate record of the deposits.
3. Except as otherwise provided in subsection 4:
(a) All deposits are refundable, and upon termination of the tenancy, or if the deposit is collected as a sum to compensate for a tenant default, not more than 5 years after the landlord receives the deposit, the landlord may claim from a deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, utility charges or service fees and to repair damage to the park caused by the tenant. The landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit.
(b) Any refund must be sent to the tenant within 21 days after the tenancy is terminated.
4. Each deposit collected as a sum to compensate for a tenant default must be refunded to the tenant not more than 5 years after the landlord receives the deposit or upon the termination of the tenancy, whichever is earlier. The refund must include interest on the amount of the deposit at the rate [of 5 percent per year,] required by this subsection, compounded annually, for the entire period during which the deposit was held by the landlord. For the purposes of this subsection, the rate of interest must be equal to the average of the prevailing rates of interest for deposits, as determined by the Administrator.
5. Upon termination of the landlords interest in the manufactured home park, the landlord shall transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed pursuant to this section or refund that portion to the tenant.
6. If the former landlord fails to transfer that portion of the deposit remaining to the successor in interest or refund it to the tenant at the time the successor in interest takes possession, the successor becomes jointly and severally liable with the former landlord for refunding to the tenant that portion of the deposit to which he is entitled.
7. If the former landlord fails to transfer or refund the deposit, the tenant may not be required to pay another deposit until the successor in interest refunds the deposit to the tenant or provides him with an itemized written accounting of the statutorily authorized disposition of the deposit.
8. The claim of the tenant to any deposit to which he is entitled by law takes precedence over the claim of any creditor of the landlord.
9. The provisions of this section do not apply to a corporate cooperative park.
Sec. 4. NRS 118B.067 is hereby amended to read as follows:
118B.067 1. If a landlord approves the placement of a manufactured home on a lot in a park and it is determined after the home is placed on the lot that the placement of the home does not comply with the requirements of the local ordinances relating to that placement, the landlord shall pay the cost to ensure compliance with those requirements.
2. A landlord shall notify any tenant who is bringing a manufactured home which is new to the manufactured home park into the manufactured home park that the provisions of NRS 489.311 require that only persons licensed by the State of Nevada as manufactured home installers are legally permitted to set up and install a manufactured home. Before the tenant may bring such a manufactured home into the manufactured home park, the tenant must provide to the landlord a copy of the license issued pursuant to NRS 489.311 to the person who will be installing the manufactured home.
κ2003 Statutes of Nevada, Page 2473 (CHAPTER 403, AB 498)κ
park, the tenant must provide to the landlord a copy of the license issued pursuant to NRS 489.311 to the person who will be installing the manufactured home.
Sec. 5. NRS 118B.070 is hereby amended to read as follows:
118B.070 1. The landlord shall provide:
[1.] (a) Each new tenant with a copy of the current text of the provisions of this chapter with the rental agreement at the time the tenant signs the agreement.
[2.] (b) Each tenant with a copy of each provision of this chapter which is added, amended or repealed within 90 days after the provisions become effective.
2. When the landlord provides a tenant with a copy of any of the provisions of this chapter pursuant to subsection 1, the copy must contain a legible and typewritten statement that contains the following contact information regarding the Division in substantially the following form:
TENANTS OF MANUFACTURED HOME PARKS ARE
ENTITLED TO CERTAIN RIGHTS UNDER NEVADA
REVISED STATUTES
To obtain information regarding your rights as a tenant under Nevada Revised Statutes, you may contact the Manufactured Housing Division of the Department of Business and Industry as follows:
SOUTHERN NEVADA:
(The address of the Division in Southern Nevada)
(The local telephone number of the Division in Southern Nevada)
NORTHERN NEVADA:
(The address of the Division in Northern Nevada)
(The local telephone number of the Division in Northern Nevada)
INTERNET:
(The Internet address of the Division)
Sec. 6. NRS 118B.080 is hereby amended to read as follows:
118B.080 1. The landlord shall disclose in writing to each tenant the:
(a) Name, address and telephone number of the owner and manager or assistant manager of the manufactured home park; and
(b) Name and address of a person authorized to receive service of process for the landlord,
and any change thereof.
2. The information must be furnished in writing to each new tenant on or before the commencement of his tenancy and to each existing tenant.
3. A landlord shall post, or provide to each tenant, the office hours or landlords availability at the park location.
Sec. 7. NRS 118B.086 is hereby amended to read as follows:
118B.086 1. Each manager and assistant manager of a manufactured home park which has [25] 2 or more lots shall complete annually 6 hours of continuing education relating to the management of a manufactured home park.
κ2003 Statutes of Nevada, Page 2474 (CHAPTER 403, AB 498)κ
2. The Administrator shall adopt regulations specifying the areas of instruction for the continuing education required by subsection 1.
3. The instruction must include, but is not limited to, information relating to:
(a) The provisions of chapter 118B of NRS;
(b) Leases and rental agreements;
(c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425, inclusive;
(d) The resolution of complaints and disputes concerning landlords and tenants of manufactured home parks; and
(e) The adoption and enforcement of the rules and regulations of a manufactured home park.
4. Each course of instruction and the instructor of the course must be approved by the Administrator. The Administrator shall adopt regulations setting forth the procedure for applying for approval of an instructor and course of instruction. The Administrator may require submission of such reasonable information by an applicant as he deems necessary to determine the suitability of the instructor and the course. The Administrator shall not approve a course if the fee charged for the course is not reasonable. Upon approval, the Administrator shall designate the number of hours of credit allowable for the course.
Sec. 8. NRS 118B.087 is hereby amended to read as follows:
118B.087 1. There are hereby created two regions to provide courses of continuing education pursuant to NRS 118B.086. One region is the northern region consisting of the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson City, and one region is the southern region consisting of the counties of Lincoln, Nye, Esmeralda and Clark.
2. The person who applied for approval of a course or his designee shall notify the Administrator of the date and location each time the course is offered, as soon as practicable after scheduling the course.
3. The Administrator shall ensure that a course of continuing education is offered at least every 6 months in each region. If the Administrator finds that no approved course will be offered to meet the requirements of this subsection, he shall offer the course and charge a reasonable fee for each person enrolled in the course.
4. If the fees collected by the Administrator for the course do not cover the cost of offering the course, the Administrator shall determine the difference between the fees collected and the cost of offering the course, divide that amount by the number of manufactured home parks which have [25] 2 lots or more in the region in which the course was held and assess that amount to each landlord of such a manufactured home park. The landlord shall pay the assessment within 30 days after it was mailed by the Administrator.
Sec. 9. NRS 118B.150 is hereby amended to read as follows:
118B.150 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, the landlord or his agent or employee shall not:
(a) Increase rent or additional charges unless:
(1) The rent charged after the increase is the same rent charged for manufactured homes of the same size or lots of the same size or of a similar location within the park, including, without limitation, manufactured homes and lots which are held pursuant to a long-term lease, except that a discount may be selectively given to persons who:
κ2003 Statutes of Nevada, Page 2475 (CHAPTER 403, AB 498)κ
and lots which are held pursuant to a long-term lease, except that a discount may be selectively given to persons who:
(I) Are handicapped;
(II) Are 55 years of age or older;
(III) Are long-term tenants of the park if the landlord has specified in the rental agreement or lease the period of tenancy required to qualify for such a discount;
(IV) Pay their rent in a timely manner; or
(V) Pay their rent by check, money order or electronic means;
(2) Any increase in additional charges for special services is the same amount for each tenant using the special service; and
(3) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this subparagraph, if the landlord or his agent or employee knows or reasonably should know that the tenant receives assistance from the Fund created pursuant to NRS 118B.215, the landlord or his agent or employee shall provide to the Administrator written notice of the increase 90 days before the first payment to be increased.
(b) Require a tenant to pay for an improvement to the common area of a manufactured home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.
(c) Require a tenant to pay for a capital improvement to the manufactured home park unless the tenant has notice of the requirement at the time he enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this paragraph.
(d) Require a tenant to pay his rent by check or money order.
(e) Require a tenant who pays his rent in cash to apply any change to which he is entitled to the next periodic payment that is due. The landlord or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.
(f) Prohibit or require fees or deposits for any meetings held in the parks community or recreational facility by the tenants or occupants of any manufactured home or recreational vehicle in the park to discuss the parks affairs, or any political [or social] meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.
(g) Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this paragraph is liable to the tenant for actual damages.
(h) Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and legal holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.
κ2003 Statutes of Nevada, Page 2476 (CHAPTER 403, AB 498)κ
holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.
(i) Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a manufactured home lot who is living alone may allow one other person to live in his home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord, and the guest is subject to the rules and regulations of the landlord.
(j) Prohibit a tenant from erecting a fence along the perimeter of the tenants lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.
(k) Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this paragraph, solicit means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.
(l) Prohibit a public officer, candidate for public office or the representative of a public officer or candidate for public office from walking through the park to talk with the tenants or distribute political material.
(m) If a tenant has voluntarily assumed responsibility to trim the trees on his lot, require the tenant to trim any particular tree located on the lot or dispose of the trimmings unless a danger or hazard exists.
2. The landlord is entitled to require a security deposit from a tenant who wants to use the manufactured home parks clubhouse, swimming pool or other park facilities for the tenants exclusive use. The landlord may require the deposit at least 1 week before the use. The landlord shall apply the deposit to costs which occur due to damage or clean up from the tenants use within 1 week after the use, if any, and shall, on or before the 8th day after the use, refund any unused portion of the deposit to the tenant making the deposit. The landlord is not required to place such a deposit into a financial institution or to pay interest on the deposit.
3. The provisions of paragraphs (a), (b), (c), (j) and (m) of subsection 1 do not apply to a corporate cooperative park.
[3.] 4. As used in this section, long-term lease means a rental agreement or lease the duration of which exceeds 12 months.
Sec. 10. NRS 118B.177 is hereby amended to read as follows:
118B.177 1. If a landlord closes a manufactured home park he shall pay [:] the amount described in subsection 2 or 3, in accordance with the choice of the tenant.
2. If the tenant chooses to move the manufactured home, the landlord shall pay to the tenant:
(a) The cost of moving each tenants manufactured home and its appurtenances to a new location within 50 miles from the manufactured home park; or
(b) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,including fees for inspection, any deposits for connecting utilities, and the cost of taking down, moving, setting up and leveling the manufactured home and its appurtenances in the new lot or park.
κ2003 Statutes of Nevada, Page 2477 (CHAPTER 403, AB 498)κ
including fees for inspection, any deposits for connecting utilities, and the cost of taking down, moving, setting up and leveling the manufactured home and its appurtenances in the new lot or park.
[2.] 3. If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged, or there is no manufactured home park within 50 miles that is willing to accept the manufactured home, the landlord:
(a) May remove and dispose of the manufactured home; and
(b) Shall pay to the tenant the fair market value of the manufactured home less the reasonable cost of removing and disposing of the manufactured home.
4. Written notice of the closure must be served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.
5. For the purposes of this section, the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home must be determined by:
(a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or
(b) If the landlord and tenant cannot agree pursuant to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.
Sec. 11. NRS 118B.183 is hereby amended to read as follows:
118B.183 1. A landlord may convert an existing manufactured home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body, and:
(a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;
(b) The landlord pays [:
(1) The cost of moving the tenants manufactured home and its appurtenances to a new location within 50 miles from the manufactured home park; or
(2) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,
including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park;] the amount described in subsection 2 or 3, in accordance with the choice of the tenant; and
(c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.
2. If the tenant chooses to move the manufactured home, the landlord shall pay to the tenant:
(a) The cost of moving the tenants manufactured home and its appurtenances to a new location within 50 miles from the manufactured home park; or
κ2003 Statutes of Nevada, Page 2478 (CHAPTER 403, AB 498)κ
(b) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,
including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park.
3. If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged, or there is no manufactured home park within 50 miles that is willing to accept the manufactured home, the landlord:
(a) May remove and dispose of the manufactured home; and
(b) Shall pay to the tenant the fair market value of the manufactured home less the reasonable cost of removing and disposing of the manufactured home.
4. A landlord shall not increase the rent of any tenant for 180 days before applying for a change in land use, permit or variance affecting the manufactured home park.
[3.] 5. For the purposes of this section, the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home must be determined by:
(a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or
(b) If the landlord and tenant cannot agree pursuant to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.
6. The provisions of this section do not apply to a corporate cooperative park.
Sec. 12. NRS 118B.190 is hereby amended to read as follows:
118B.190 1. A written agreement between a landlord and tenant for the rental or lease of a manufactured home lot in a manufactured home park in this state, or for the rental or lease of a lot for a recreational vehicle in an area of a manufactured home park in this state other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:
(a) [Five] Except as otherwise provided in paragraph (b), 5 days in advance if the termination is because the conduct of the tenant constitutes a nuisance as [described in subsection 6 of NRS 118B.200.
(b) Ten] defined in NRS 40.140 or violates a state law or local ordinance.
(b) Three days in advance upon the issuance of temporary writ of restitution pursuant to NRS 40.300 on the grounds that a nuisance as defined in NRS 40.140 has occurred in the park by the act of a tenant or any guest, visitor or other member of a tenants household consisting of any of the following specific activities:
(1) Discharge of a weapon.
(2) Prostitution.
(3) Illegal drug manufacture or use.
(4) Child molestation or abuse.
(5) Property damage as a result of vandalism.
(6) Operating a vehicle while under the influence of alcohol or any other controlled substance.
κ2003 Statutes of Nevada, Page 2479 (CHAPTER 403, AB 498)κ
(7) Elder molestation or abuse.
(c) Except as otherwise provided in subsection 6, 10 days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.
[(c)] (d) One hundred eighty days in advance if the termination is because of a change in the use of the land by the landlord pursuant to NRS 118B.180.
[(d)] (e) Forty-five days in advance if the termination is for any other reason.
2. The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination must be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. The termination must be in accordance with the provisions of NRS 118B.200 and reference alone to a provision of that section does not constitute sufficient specificity pursuant to this subsection.
3. The service of such a notice does not enhance the landlords right, if any, to enter the tenants manufactured home. Except in an emergency, the landlord shall not enter the manufactured home of the tenant served with such a notice without the tenants permission or a court order allowing the entry.
4. If a tenant remains in possession of the manufactured home lot after expiration of the term of the rental agreement, the tenancy is from week to week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month to month. The tenants continued occupancy is on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.
5. The landlord and tenant may agree to a specific date for termination of the agreement. If any provision of this chapter specifies a period of notice which is longer than the period of a particular tenancy, the required length of the period of notice is controlling.
6. Notwithstanding any provision of NRS 40.215 to 40.425, inclusive, if a tenant who is not a natural person has received three notices for nonpayment of rent in accordance with subsection 1, the landlord is not required to give the tenant a further 10-day notice in advance of termination if the termination is because of failure to pay rent, utility charges or reasonable service fees.
Sec. 13. NRS 118B.200 is hereby amended to read as follows:
118B.200 1. Notwithstanding the expiration of a period of a tenancy, the rental agreement described in NRS 118B.190 may not be terminated except for:
[1.] (a) Failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;
[2.] (b) Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to manufactured homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;
[3.] (c) Conduct of the tenant in the manufactured home park which constitutes an annoyance to other tenants;
κ2003 Statutes of Nevada, Page 2480 (CHAPTER 403, AB 498)κ
[4.] (d) Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;
[5.] (e) A change in the use of the land by the landlord pursuant to NRS 118B.180;
[6.] (f) Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance [; or
7.] , specifically including, without limitation:
(1) Discharge of a weapon;
(2) Prostitution;
(3) Illegal drug manufacture or use;
(4) Child molestation or abuse;
(5) Elder molestation or abuse;
(6) Property damage as a result of vandalism; and
(7) Operating a motor vehicle while under the influence of alcohol or any other controlled substance; or
(g) In a manufactured home park that is owned by a nonprofit organization or housing authority, failure of the tenant to meet qualifications relating to age or income which:
[(a)] (1) Are set forth in the lease signed by the tenant; and
[(b)] (2) Comply with federal, state and local law.
2. A tenant who is not a natural person and who has received three or more 10-day notices to quit for failure to pay rent in the preceding 12-month period may have his tenancy terminated by the landlord for habitual failure to pay timely rent.
Sec. 14. NRS 40.251 is hereby amended to read as follows:
40.251 1. A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:
[1.] (a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlords consent after the expiration of a notice of:
[(a)] (1) For tenancies from week to week, at least 7 days;
[(b) For]
(2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or
[(c)] (3) For tenancies at will, at least 5 days.
[2.] (b) A dwelling unit subject to the provisions of chapter 118A of NRS, he continues in possession, in person or by subtenant, without the landlords consent after expiration of:
[(a)] (1) The term of the rental agreement or its termination and, except as otherwise provided in [paragraph (b),] subparagraph (2), the expiration of a notice of [at] :
(I) At least 7 days for tenancies from week to week ; and
(II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or
[(b)] (2) A notice of at least 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS.
[3.] (c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, he continues in possession, in person or by subtenant, without the landlords consent [, after] :
κ2003 Statutes of Nevada, Page 2481 (CHAPTER 403, AB 498)κ
provisions of subsection 6 of NRS 40.215, he continues in possession, in person or by subtenant, without the landlords consent [, after] :
(1) After notice has been given pursuant to NRS 118B.115, 118B.170 or 118B.190 and the period of the notice has expired [.
4. ] ; or
(2) If the person is not a natural person and has received three notices for nonpayment of rent within a 12-month period, immediately upon failure to pay timely rent.
(d) A recreational vehicle lot, he continues in possession, in person or by subtenant, without the landlords consent, after the expiration of a notice of at least 5 days.
2. Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of his age or disability. A landlord may not be required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.
3. Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of subsection 2.
4. If a landlord rejects a request to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. If the tenant submits proof to the court that he is entitled to request such an extension, the court may grant the petition and enter an order allowing the tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition.
Sec. 15. This act becomes effective on July 1, 2003.
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κ2003 Statutes of Nevada, Page 2482κ
Assembly Bill No. 534Committee on Commerce and Labor
CHAPTER 404
AN ACT relating to public works; authorizing the Manager of the State Public Works Board or his designated representative to issue orders to compel the cessation of work on state public works under certain circumstances; providing for an appeal of such an order; requiring the Manager to serve as the Building Official for all buildings and structures on state property; revising the provisions governing change orders; providing requirements for the administration of money for capital improvement projects; providing a civil and criminal penalty; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Board means the State Public Works Board.
Sec. 3. Manager means the Manager appointed pursuant to NRS 341.100.
Sec. 4. 1. When acting in the capacity of Building Official pursuant to paragraph (h) of subsection 5 of NRS 341.100, the Manager or his designated representative may issue an order to compel the cessation of work on all or any portion of a building or structure based on health or safety reasons or for violations of applicable building codes or other laws or regulations.
2. If a person receives an order issued pursuant to subsection 1, the person shall immediately cease work on the building or structure or portion thereof.
3. Any person who willfully refuses to comply with an order issued pursuant to subsection 1 or who willfully encourages another person to refuse to comply or assists another person in refusing to comply with such an order is guilty of a misdemeanor and shall be punished as provided in NRS 193.150. Any penalties collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.
4. In addition to the criminal penalty set forth in subsection 3, the Manager may impose an administrative penalty of not more than $1,000 per day for each day that a person violates subsection 3.
5. If a person wishes to contest an order issued to him pursuant to subsection 1, the person may bring an action in district court. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. An action brought pursuant to this subsection does not stay enforcement of the order unless the district court orders otherwise.
6. If a person refuses to comply with an order issued pursuant to subsection 1, the Manager may bring an action in the name of the State of Nevada in district court to compel compliance and to collect any administrative penalties imposed pursuant to subsection 4.
κ2003 Statutes of Nevada, Page 2483 (CHAPTER 404, AB 534)κ
administrative penalties imposed pursuant to subsection 4. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. Any attorneys fees and costs awarded by the court in favor of the State and any penalties collected in the action must be deposited with the State Treasurer for credit to the State General Fund.
7. No right of action exists in favor of any person by reason of any action or failure to act on the part of the Board, the Manager or any officers, employees or agents of the Board in carrying out the provisions of this section.
8. As used in this section, person includes a government and a governmental subdivision, agency or instrumentality.
Sec. 5. NRS 341.010 is hereby amended to read as follows:
341.010 As used in this chapter, unless the context otherwise requires, [Board means the State Public Works Board.] the words and terms defined in sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 341.100 is hereby amended to read as follows:
341.100 1. The Board may appoint a Manager who serves at the pleasure of the Board and the Governor. The Board or the Governor may remove the Manager for inefficiency, neglect of duty, malfeasance or for other just cause.
2. The Manager, with the approval of the Board, may appoint a deputy for professional services and a deputy for administrative, fiscal and constructional services. In addition, the Manager may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.
3. The Manager and his deputies are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, the Manager and each deputy shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
4. The Manager and his deputy for professional services must each be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS. The deputy manager for administrative, fiscal and constructional services must have a comprehensive knowledge of principles of administration and a working knowledge of principles of engineering or architecture as determined by the Board.
5. The Manager shall:
(a) Serve as the Secretary of the Board.
(b) Manage the daily affairs of the Board.
(c) Represent the Board before the Legislature.
(d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.
(e) Make recommendations to the Board for the selection of architects, engineers and contractors.
(f) Make recommendations to the Board concerning the acceptance of completed projects.
(g) Advise the Board and the Legislature, or the Interim Finance Committee if the Legislature is not in session, on a monthly basis of the progress of all public works projects which are a part of the approved capital improvement program.
κ2003 Statutes of Nevada, Page 2484 (CHAPTER 404, AB 534)κ
progress of all public works projects which are a part of the approved capital improvement program.
(h) Serve as the Building Official for all buildings and structures on property of the State or held in trust for any division of the State Government.
Sec. 7. NRS 341.145 is hereby amended to read as follows:
341.145 The Board:
1. Has final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
2. Shall determine whether any rebates are available from a public utility for installing devices in any state building which are designed to decrease the use of energy in the building. If such a rebate is available, the Board shall apply for the rebate.
3. Shall solicit bids for and let all contracts for new construction or major repairs.
4. May negotiate with the lowest responsible and responsive bidder on any contract to obtain a revised bid if:
(a) The bid is less than the appropriation made by the Legislature for that building project; and
(b) The bid does not exceed the relevant budget item for that building project as established by the Board by more than 10 percent.
5. May reject any or all bids.
6. After the contract is let, shall supervise and inspect construction and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the Legislature.
7. Shall obtain approval from the Interim Finance Committee when the Legislature is not in regular or special session, or from the Legislature by concurrent resolution when the Legislature is in regular or special session, for any change in the scope of the design or construction of a project as that project was authorized by the Legislature. The Board shall adopt by regulation criteria for determining whether a change in the scope of the design or construction of a project requires such approval.
8. May authorize change orders, before or during construction:
(a) In any amount, where the change represents a reduction in the total awarded contract price.
(b) [Not] Except as otherwise provided in paragraph (c), not to exceed in the aggregate 10 percent of the total awarded contract price, where the change represents an increase in that price.
(c) In any amount, where the total awarded contract price is less than $10,000 and the change represents an increase not exceeding the amount of the total awarded contract price.
9. Shall specify in any contract with a design professional the period within which the design professional must prepare and submit to the Board a change order that has been authorized by the design professional. As used in this subsection, design professional means a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.
10. Has final authority to accept each building or structure, or any portion thereof, on property of the State or held in trust for any division of the State Government as completed or to require necessary alterations to conform to the contract [,] or to codes adopted by the Board, and to file the notice of completion [.] and certificate of occupancy for the building or structure.
κ2003 Statutes of Nevada, Page 2485 (CHAPTER 404, AB 534)κ
Sec. 8. NRS 341.146 is hereby amended to read as follows:
341.146 1. The Board shall establish funds for projects of capital construction necessary to account for the program of capital construction approved by the Legislature. These funds must be used to account for all revenues, appropriations and expenditures restricted to constructing buildings and other projects which come under the supervision of the Board.
2. If a state department, board, commission or agency provides to the Board money that has not been appropriated by the Legislature for a capital improvement project, any interest earned on that money accrues to the benefit of the project. Upon a determination by the Board that the project is completed, the Board shall return any principal and interest remaining on that money to the department, board, commission or agency that had provided the money to the Board.
3. Except as otherwise provided in subsection 4, if the money actually received by the Board for a capital improvement project includes money from more than one source, the money must be expended in the following order:
(a) Money received for the project from the Federal Government;
(b) Money generated by the state department, board, commission or agency for whom the project is being performed;
(c) Money that was approved for the same or a different project during a previous biennium that has been reallocated during the current biennium for the project;
(d) Proceeds from the issuance of general obligation bonds;
(e) Money from the State General Fund; and
(f) Any other source of money for the project.
4. The provisions of subsection 3 do not apply if the receipt of any money from the Federal Government for the project is conditioned upon a different order of expenditure.
Sec. 9. NRS 341.148 is hereby amended to read as follows:
341.148 1. Except as otherwise provided in subsection 2, the Board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project. Approved plans and specifications for the construction must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The Board may accept bids on either the whole or a part of the construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result to [the lowest responsible and responsive bidder.] this state.
2. The Board is not required to advertise for sealed bids for construction projects if the estimated cost is less than $25,000, but the Board may solicit firm written bids from not less than two licensed contractors doing business in the area and may award the contract to the lowest responsible and responsive bidder or reject all bids.
Sec. 10. NRS 341.153 is hereby amended to read as follows:
341.153 1. The Legislature hereby finds as facts:
(a) That the construction of public buildings is a specialized field requiring for its successful accomplishment a high degree of skill and experience not ordinarily acquired by public officers and employees whose primary duty lies in some other field.
κ2003 Statutes of Nevada, Page 2486 (CHAPTER 404, AB 534)κ
(b) That this construction involves the expenditure of large amounts of public money which, whatever their particular constitutional, statutory or governmental source, involve a public trust.
(c) That the application by state agencies of conflicting standards of performance results in wasteful delays and increased costs in the performance of public works.
2. The Legislature therefore declares it to be the policy of this state that all construction of [public] buildings upon property of the State or held in trust for any division of the State Government be supervised by, and final authority for its completion and acceptance vested in, the [State Public Works] Board as provided in NRS 341.141 to 341.148, inclusive.
Sec. 11. This act becomes effective upon passage and approval.
________
Assembly Bill No. 353Assemblywoman Giunchigliani
CHAPTER 405
AN ACT relating to the University and Community College System of Nevada; providing certain restrictions upon the disclosure of personally identifiable information concerning students for commercial and noncommercial uses; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The Board of Regents shall prescribe a form that provides for the informed consent of students concerning the directory information that a university, university foundation, state college or community college, as applicable, makes public. The form must:
(a) Allow each student a reasonable opportunity to indicate whether the student opts not to authorize the release or disclosure of personally identifiable information concerning the student for:
(1) Commercial purposes, without the prior written consent of the student;
(2) Noncommercial purposes, without the prior written consent of the student; or
(3) Both commercial and noncommercial purposes, without the prior written consent of the student.
(b) Inform the student that:
(1) If he does not return the form indicating that his personally identifiable information must not be released or disclosed, then it is probable that the information will be released or disclosed.
(2) If he returns the form indicating that his personally identifiable information must not be released or disclosed, then the university, university foundation, state college or community college, as applicable, will not release or disclose the information without his prior written consent.
κ2003 Statutes of Nevada, Page 2487 (CHAPTER 405, AB 353)κ
will not release or disclose the information without his prior written consent.
(c) Be included with the other forms required for admission to the university, state college or community college, as applicable.
2. Except as otherwise required by federal law, a university, university foundation, state college or community college shall not release, disclose or otherwise use any personally identifiable information concerning a student without the prior written consent of the student for:
(a) Commercial or noncommercial purposes if the student has returned a form indicating that he does not authorize release or disclosure for those purposes without his consent;
(b) Commercial purposes if the student has returned a form indicating that he does not authorize release or disclosure for those purposes without his consent; or
(c) Noncommercial purposes if the student has returned a form indicating that he does not authorize release or disclosure for those purposes.
3. As used in this section:
(a) Commercial purposes means the use of directory information by any person, including, without limitation, a corporation or other business, outside of the System to solicit or provide facilities, goods or services in exchange for the payment of any purchase price, fee, contribution, donation or other valuable consideration.
(b) Directory information has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(5)(A).
(c) Personally identifiable information means information that may be used to identify a person, including, without limitation, the name, address, telephone number, date of birth, and directory information of a person.
(d) University foundation has the meaning ascribed to it in NRS 396.405.
Secs. 3-7. (Deleted by amendment.)
Sec. 8. This act becomes effective on July 1, 2003.
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κ2003 Statutes of Nevada, Page 2488κ
Assembly Bill No. 295Assemblymen McClain, Claborn, Ohrenschall, Atkinson, Gibbons, Anderson, Andonov, Arberry, Beers, Carpenter, Christensen, Collins, Conklin, Giunchigliani, Grady, Griffin, Hettrick, Knecht, Koivisto, Manendo, Parks, Pierce, Sherer and Williams (by request)
CHAPTER 406
AN ACT relating to public works; allowing the governing body of a local government, in certain circumstances, to deem a person to be qualified to bid on contracts for public works of the local government; establishing requirements relating to the advertisement of the acceptance of certain applications to qualify as a bidder on a contract for a public work; revising the provisions governing the criteria for determining the qualification of bidders on public works of local governments; expanding the circumstances in which a subcontractor who is named in a bid on a contract for a public work of a local government may be substituted; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. In lieu of adopting criteria pursuant to NRS 338.1377 and determining the qualification of bidders pursuant to NRS 338.1379, the governing body of a local government may deem a person to be qualified to bid on:
1. Contracts for public works of the local government if the person has been determined by:
(a) The State Public Works Board pursuant to NRS 338.1379 to be qualified to bid on contracts for public works of the State pursuant to the criteria set forth in NRS 338.1375; or
(b) The governing body of another local government pursuant to NRS 338.1379 to be qualified to bid on contracts for public works of that local government pursuant to the criteria set forth in NRS 338.1377.
2. A contract for a public work of the local government if:
(a) The person has been determined by the Department of Transportation pursuant to NRS 408.333 to be qualified to bid on the contract for the public work;
(b) The public work will be owned, operated or maintained by the Department of Transportation after the public work is constructed by the local government; and
(c) The Department of Transportation requested that bidders on the contract for the public work be qualified to bid on the contract pursuant to NRS 408.333.
Sec. 3. 1. Before the governing body of a local government accepts applications pursuant to NRS 338.1379, the governing body must, in accordance with subsection 2, advertise in a newspaper that is:
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(a) Qualified pursuant to the provisions of chapter 238 of NRS; and
(b) Published in a county in which the contracts for the potential public works will be performed or, if no qualified newspaper is published in that county, published in a qualified newspaper that is published in the State of Nevada and which has a general circulation in the county in which the contracts for the potential public works will be performed.
2. An advertisement required pursuant to subsection 1:
(a) Must be published at least once not less than 21 days before applications are to be submitted to the governing body; and
(b) Must include:
(1) A description of the potential public works for which applications to qualify as a bidder are being accepted;
(2) The time and place at which applications are to be submitted to the governing body;
(3) The place at which applications may be obtained; and
(4) Any other information that the governing body deems necessary.
Sec. 4. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. Design-build contract means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
3. Design-build team means an entity that consists of:
(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.
4. Design professional means:
(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;
(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;
(c) A person who holds a certificate of registration to engage in the practice of architecture pursuant to chapter 623 of NRS;
(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or
(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.
5. Eligible bidder means a person who is:
(a) Found to be a responsible and responsive contractor by a local government which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
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(b) Determined by a public body which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or section 2 of this act or was exempt from meeting such qualifications pursuant to NRS 338.1383.
6. General contractor means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:
(a) General engineering contracting, as described in subsection 2 of NRS 624.215.
(b) General building contracting, as described in subsection 3 of NRS 624.215.
7. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
8. Offense means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or
(d) Comply with subsection 4 or 5 of NRS 338.070.
9. Prime contractor means a person who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his own workforce to perform all or a part of the construction, repair or reconstruction of the project; and
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.
10. Public body means the State, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
11. Public work means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds;
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(9) Public convention facilities which are financed at least in part with public funds; and
(10) All other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit that is a part of a project is included in the cost of the project to determine whether a project meets that threshold.
(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this state or from federal money.
12. Specialty contractor means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
13. Stand-alone underground utility project means an underground utility project that is not integrated into a larger project, including, without limitation:
(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and
(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,
that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.
14. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.
15. Workman means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman. The term does not include a design professional.
Sec. 5. NRS 338.1373 is hereby amended to read as follows:
338.1373 1. A local government shall award a contract for the construction, alteration or repair of a public work pursuant to the provisions of:
(a) NRS 338.1377 to 338.139, inclusive [;] , and sections 2 and 3 of this act; or
(b) NRS 338.143 to 338.148, inclusive.
2. The provisions of NRS 338.1375 to 338.1383, inclusive, and 338.139 do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.
Sec. 6. NRS 338.1377 is hereby amended to read as follows:
338.1377 [1.] Except as otherwise provided in NRS 338.1383 [,] and section 2 of this act, the governing body of each local government that sponsors or finances a public work shall adopt the following criteria for [the qualification of bidders] determining whether a person who has applied pursuant to NRS 338.1379 is qualified to bid on contracts for public works of the local government [. The governing body shall use the criteria to determine the qualification of bidders on contracts for public works of the local government.
2. Before adopting criteria pursuant to this section, the governing body of a local government shall hold at least one public hearing to solicit and evaluate public opinion regarding the criteria to be adopted.
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evaluate public opinion regarding the criteria to be adopted. Notice of such a hearing must be provided by mail at least 10 days before the hearing to:
(a) Construction trade associations in this state; and
(b) Labor unions representing trades in the building industry in this state.
3. The criteria adopted by a governing body pursuant to this section to determine whether an applicant is qualified to bid on a contract for a public work:
(a) Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.
(b) May include only:
(1) The financial ability of the applicant to perform a contract;
(2) The principal personnel of the applicant;
(3)] :
1. Whether the applicant possesses a valid contractors license of a class corresponding to the work to be required by the local government;
2. Whether the applicant has the ability to obtain the necessary bonding for the work to be required by the local government;
3. Whether the applicant has successfully completed one or more projects during the 5 years immediately preceding the date of application of similar size, scope or type as the work to be required by the local government;
4. Whether the principal personnel employed by the applicant have the necessary professional qualifications and experience for the work to be required by the local government;
5. Whether the applicant has breached any contracts with a public agency or person in this state or any other state [; and
(4)] during the 5 years immediately preceding the date of application;
6. Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.1387 [.] ;
7. Whether the applicant has been convicted of a violation for discrimination in employment during the 2 years immediately preceding the date of application;
8. Whether the applicant has the ability to obtain and maintain insurance coverage for public liability and property damage within limits sufficient to protect the applicant and all the subcontractors of the applicant from claims for personal injury, accidental death and damage to property that may arise in connection with the work to be required by the local government;
9. Whether the applicant has established a safety program that complies with the requirements of chapter 618 of NRS;
10. Whether the applicant has been disciplined or fined by the State Contractors Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the work to be required by the local government;
11. Whether, during the 5 years immediately preceding the date of application, the applicant has filed as a debtor under the provisions of the United States Bankruptcy Code;
12. Whether the application of the applicant is truthful and complete; and
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13. Whether, during the 5 years immediately preceding the date of application, the applicant has, as a result of causes within the control of the applicant or a subcontractor or supplier of the applicant, failed to perform any contract:
(a) In the manner specified by the contract and any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative;
(b) Within the time specified by the contract unless extended by the person or governmental entity that awarded the contract or its authorized representative; or
(c) For the amount of money specified in the contract or as modified by any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative.
Evidence of the failures described in this subsection may include, without limitation, the assessment of liquidated damages against the applicant, the forfeiture of any bonds posted by the applicant, an arbitration award granted against the applicant or a decision by a court of law against the applicant.
Sec. 7. NRS 338.1379 is hereby amended to read as follows:
338.1379 1. Except as otherwise provided in NRS 338.1383 [,] and section 2 of this act, a person who wishes to qualify as a bidder on a contract for a public work must submit an application to the State Public Works Board or the governing body.
2. Upon receipt of an application pursuant to subsection 1, the State Public Works Board or the governing body shall:
(a) Investigate the applicant to determine whether he is qualified to bid on a contract; and
(b) After conducting the investigation, determine whether the applicant is qualified to bid on a contract. The determination must be made within 30 days after receipt of the application.
3. The State Public Works Board or the governing body shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of his right to a hearing pursuant to NRS 338.1381.
4. The State Public Works Board or the governing body of a local government may determine an applicant is qualified to bid:
(a) On a specific project;
(b) On more than one project over a period of 12 months; or
(c) On more than one project over a period of 24 months.
5. The State Public Works Board shall not use any criteria other than criteria adopted by regulation pursuant to NRS 338.1375 in determining whether to approve or deny an application.
6. The governing body of a local government shall not use any criteria other than the criteria described in NRS 338.1377 in determining whether to approve or deny an application.
7. Financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the State Public Works Board or a governing body to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.
Sec. 8. NRS 338.1383 is hereby amended to read as follows:
338.1383 [If] Except as otherwise provided in section 2 of this act, if a local government does not adopt criteria for the qualification of bidders on a public work pursuant to NRS 338.1377, the governing body may only accept a bid on a contract for a public work from a person who holds:
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public work pursuant to NRS 338.1377, the governing body may only accept a bid on a contract for a public work from a person who holds:
1. An unlimited contractors license issued by the State Contractors Board in the branch of general engineering contracting or general building contracting, or in both branches, and:
(a) At the time he submits his bid, he provides a bid bond equal to 10 percent of the amount of the bid; and
(b) At the time the contract is awarded, he provides a performance bond, a labor and material bond and a guaranty bond, each equal to 100 percent of the amount of the contract; or
2. A contractors license issued by the State Contractors Board that is designated in any classification if he:
(a) Has, in the 5 years immediately preceding the submission of the bid, been found to be a responsible contractor in the classification in which his contractors license is designated;
(b) Provides a bid bond, a performance bond, a guaranty bond, and a labor and material bond in such amounts as the governing body may require; and
(c) Employs a person determined by the State Contractors Board to be qualified to supervise each classification of construction upon which the person submitting the bid is bidding.
Sec. 9. NRS 338.1385 is hereby amended to read as follows:
338.1385 1. Except as otherwise provided in subsection 7 and NRS 338.1906 and 338.1907, this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the State or the local government, shall not:
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 7, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Each advertisement for bids must include a provision that sets forth:
(a) The requirement that a contractor must be qualified pursuant to NRS 338.1379 or section 2 of this act to bid on the contract or must be exempt from meeting such qualifications pursuant to NRS 338.1383; and
(b) The period during which an application to qualify as a bidder on the contract must be submitted.
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4. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
5. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not a qualified bidder pursuant to NRS 338.1379 [,] or section 2 of this act, unless the bidder is exempt from meeting such qualifications pursuant to NRS 338.1383;
(b) The bidder is not responsive;
(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(d) The public interest would be served by such a rejection.
6. Before the State or a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the State or the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the State or the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the State or the local government expects to save by rejecting the bids and performing the project itself.
7. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district;
(d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; or
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727.
Sec. 10. NRS 338.1385 is hereby amended to read as follows:
338.1385 1. Except as otherwise provided in subsection 8, this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the State or the local government, shall not:
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
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(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 8, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Each advertisement for bids must include a provision that sets forth:
(a) The requirement that a contractor must be qualified pursuant to NRS 338.1379 or section 2 of this act to bid on the contract or must be exempt from meeting such qualifications pursuant to NRS 338.1383; and
(b) The period during which an application to qualify as a bidder on the contract must be submitted.
4. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
5. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not a qualified bidder pursuant to NRS 338.1379 [,] or section 2 of this act, unless the bidder is exempt from meeting such qualifications pursuant to NRS 338.1383;
(b) The bidder is not responsive;
(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(d) The public interest would be served by such a rejection.
6. Before the State or a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the State or the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the State or the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the State or the local government expects to save by rejecting the bids and performing the project itself.
7. In preparing the estimated cost of a project pursuant to subsection 6, the State or a local government must include the fair market value of, or, if known, the actual cost of, all materials, supplies, labor and equipment to be used for the project.
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known, the actual cost of, all materials, supplies, labor and equipment to be used for the project.
8. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; or
(d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; or
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive.
Sec. 11. NRS 338.1387 is hereby amended to read as follows:
338.1387 1. A public body awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of his license. A subcontractor named by the contractor who is not properly licensed for that portion of the work shall be deemed unacceptable. If the subcontractor is deemed unacceptable, the contractor shall provide an acceptable subcontractor before the award of the contract.
2. If, after awarding the contract, the public body discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed his license, the public body shall reject the bid and may accept the next lowest bid for that public work from a responsive bidder who was determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or section 2 of this act or was exempt from meeting such qualifications pursuant to NRS 338.1373 or 338.1383 without requiring that new bids be submitted.
Sec. 12. NRS 338.1389 is hereby amended to read as follows:
338.1389 1. Except as otherwise provided in NRS 338.1385 and 338.1711 to 338.1727, inclusive, a public body shall award a contract for a public work to the contractor who submits the best bid.
2. Except as otherwise provided in subsection 10 or limited by subsection 11, for the purposes of this section, a contractor who:
(a) Has been determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or section 2 of this act or is exempt from meeting such requirements pursuant to NRS 338.1373 or 338.1383; and
(b) At the time he submits his bid, provides to the public body a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the State Contractors Board pursuant to subsection 3 or 4,
shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this state:
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the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this state:
(a) Paid directly, on his own behalf:
(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
(2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and governmental services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
4. The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this state:
(a) Paid directly, on his own behalf:
(1) The sales and use taxes pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
(2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and governmental services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
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5. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid:
(a) Sales and use taxes and governmental services taxes that were paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and
(b) Sales and use taxes that were paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.
6. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors Board pursuant to subsection 3 or 4 shall, at the time for the annual renewal of his contractors license pursuant to NRS 624.283, submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain his eligibility to hold such a certificate.
7. A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.
8. If a contractor holds more than one contractors license, he must submit a separate application for each license pursuant to which he wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractors license for which the contractor submitted the application.
9. If a contractor who applies to the State Contractors Board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the Board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the Board becomes aware of the submission of the false information.
10. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.
11. If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.
12. The State Contractors Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
13. A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:
κ2003 Statutes of Nevada, Page 2500 (CHAPTER 406, AB 295)κ
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.
14. If a public body receives a written objection pursuant to subsection 13, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.
Sec. 13. NRS 338.141 is hereby amended to read as follows:
338.141 1. Except as otherwise provided in subsection 2, each bid submitted to any officer, department, board or commission for the construction of any public work or improvement must include:
(a) The name of each subcontractor who will provide labor or a portion of the work or improvement to the contractor for which he will be paid an amount exceeding 5 percent of the prime contractors total bid. Within 2 hours after the completion of the opening of the bids, the contractors who submitted the three lowest bids must submit a list containing the name of each subcontractor who will provide labor or a portion of the work or improvement to the contractor for which he will be paid an amount exceeding 1 percent of the prime contractors total bid or $50,000, whichever is greater, and the number of the license issued to the subcontractor pursuant to chapter 624 of NRS. If a contractor fails to submit such a list within the required time, his bid shall be deemed not responsive.
(b) A description of the portion of the work or improvement which each subcontractor named in the bid will complete.
2. The contractor shall list in his bid pursuant to subsection 1 the name of a subcontractor for each portion of the project that will be completed by a subcontractor.
3. A contractor whose bid is accepted shall not substitute any person for a subcontractor who is named in the bid, unless:
(a) The awarding authority objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change; [or]
(b) The substitution is approved by the awarding authority or an authorized representative of the awarding authority. The substitution must be approved if the awarding authority or authorized representative of the awarding authority determines that:
(1) The named subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the contractor which was offered to the subcontractor with the same general terms that all other subcontractors on the project were offered;
(2) The named subcontractor files for bankruptcy or becomes insolvent; or
κ2003 Statutes of Nevada, Page 2501 (CHAPTER 406, AB 295)κ
(3) The named subcontractor fails or refuses to perform his subcontract within a reasonable time or is unable to furnish a performance bond and payment bond pursuant to NRS 339.025 [.] ; or
(c) If the awarding body is the governing body of a local government, the awarding authority or an authorized representative of the awarding body, in awarding a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, and sections 2 and 3 of this act:
(1) Applies such criteria set forth in NRS 338.1377 as are appropriate for subcontractors and determines that the subcontractor does not meet that criteria; and
(2) Requests in writing a substitution of the subcontractor.
4. As used in this section, general terms means the terms and conditions of a contract that set the basic requirements for a project and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the project that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.
Sec. 14. 1. This section and sections 1 to 9, inclusive, 11, 12 and 13 of this act become effective on October 1, 2003.
2. Section 9 of this act expires by limitation on April 30, 2013.
3. Section 10 of this act becomes effective on May 1, 2013.
________
Senate Bill No. 200Senators Washington, Care, Amodei and McGinness
Joint Sponsors: Assemblymen Marvel, Carpenter and Grady
CHAPTER 407
AN ACT relating to water; authorizing grants to pay certain costs associated with connecting to a community sewage disposal system; increasing the amount of general obligation bonds that the State Board of Finance may issue to provide the grants; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 349.980 is hereby amended to read as follows:
349.980 As used in NRS 349.980 to 349.987, inclusive, unless the context otherwise requires:
1. Board means the Board for Financing Water Projects created pursuant to NRS 349.957.
2. Community sewage disposal system means a public system of sewage disposal which is operated for the benefit of a county, city, district or other political subdivision of this state.
3. Community water system means a public water system which:
κ2003 Statutes of Nevada, Page 2502 (CHAPTER 407, SB 200)κ
(a) Has 15 or more service connections; or
(b) Serves 25 or more persons,
at places which are intended for year-round occupancy.
[3.] 4. Costs of capital improvements to community water systems and nontransient water systems means the costs traditionally associated with capital improvements to such systems and includes costs associated with the:
(a) Consolidation of existing systems; and
(b) Transfer and connection of a public water system to a system owned by a purveyor of water or a public utility.
[4.] 5. Division of Environmental Protection means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
6. Fund means the Fund for Grants for Water Conservation , [and] Capital Improvements to Certain Water Systems [.
5.] and Improvements to Certain Sewage Disposal Systems.
7. Individual sewage disposal system means a single system of sewage treatment tanks and effluent disposal facilities that serves:
(a) A single-family dwelling; or
(b) One or more buildings that are used exclusively for commercial purposes and are not used as single-family dwellings.
8. Nontransient water system means a public water system that regularly serves 25 or more of the same persons for more than 6 months per year, but which is not a community water system.
[6.] 9. Public water system has the meaning ascribed to it in NRS 445A.840.
[7.] 10. Purveyor of water means a political subdivision of this state engaged in the business of furnishing water, for compensation, to persons within the political subdivision.
Sec. 2. NRS 349.981 is hereby amended to read as follows:
349.981 1. There is hereby established a program to provide grants of money to:
(a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the State Board of Health pursuant to NRS 445A.800 to 445A.955, inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.
(b) An eligible recipient to pay for the cost of improvements to conserve water, including, without limitation:
(1) Piping or lining of an irrigation canal;
(2) Recovery or recycling of wastewater or tailwater;
(3) Scheduling of irrigation;
(4) Measurement or metering of the use of water;
(5) Improving the efficiency of irrigation operations; and
(6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.
(c) An eligible recipient, to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the State Engineer pursuant to NRS 534.120 as an area where the ground water basin is being depleted:
κ2003 Statutes of Nevada, Page 2503 (CHAPTER 407, SB 200)κ
(1) Any local or regional fee for connection to the municipal water system.
(2) The cost of any capital improvement that is required to comply with a decision or regulation of the State Engineer.
(d) An eligible recipient, to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection requires the individual sewage disposal system to be abandoned and the property upon which the individual sewage disposal system was located to be connected to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:
(1) Any local or regional fee for connection to the community sewage disposal system.
(2) The cost of any capital improvement that is required to comply with a statute of this state or a decision, directive, order or regulation of the Division of Environmental Protection.
2. Except as otherwise provided in NRS 349.983, the determination of who is to receive a grant is solely within the discretion of the Board.
3. As used in this section, eligible recipient means a political subdivision of this state, including, without limitation, a city, county, unincorporated town, water authority, conservation district, irrigation district, water district or water conservancy district.
Sec. 3. NRS 349.984 is hereby amended to read as follows:
349.984 1. The Fund for Grants for Water Conservation , [and] Capital Improvements to Certain Water Systems and Improvements to Certain Sewage Disposal Systems is hereby created.
2. Except as otherwise provided by subsections 3 and 4 of NRS 349.982, the money in the Fund must be used only to make grants in furtherance of the program.
3. All claims against the Fund must be paid as other claims against the State are paid.
Sec. 4. NRS 349.986 is hereby amended to read as follows:
349.986 The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than [$69,000,000] $73,000,000 to support the purposes of the program. The net proceeds from the sale of the bonds must be deposited in the Fund. The bonds must be redeemed through the Consolidated Bond Interest and Redemption Fund.
Sec. 5. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 2504κ
Senate Bill No. 216Committee on Legislative Affairs and Operations
CHAPTER 408
AN ACT relating to the Legislature; creating a Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and Marlette Lake Water System; providing the powers and duties of the Committee; expanding the duties of the Legislative Committee on Public Lands to include the review of programs and activities relating to public water authorities, districts and systems, and certain other entities involved in the planning, development or distribution of water in the State of Nevada; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
Whereas, Various governmental entities within the State of Nevada play an important role in the management of the natural resources and economic security of the residents of this state; and
Whereas, The Tahoe Regional Planning Compact provides for the maintenance of the scenic, recreational, educational, scientific, natural and public health values of the entire Lake Tahoe Basin; and
Whereas, The Tahoe Regional Planning Agency adopts and enforces a regional plan and provides opportunities for the orderly growth and development of the Lake Tahoe Basin; and
Whereas, The Legislature of the State of Nevada is vitally concerned with achieving regional goals in conserving the natural resources of the entire Lake Tahoe Basin and with the programs and activities of the Tahoe Regional Planning Agency that affect these goals; and
Whereas, Legislative committees have successfully reviewed the programs and activities of the Tahoe Regional Planning Agency on previous occasions and at various times have provided valuable review and oversight for other agencies to ensure efficient cooperation and proper functioning of those agencies; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, Committee means the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System created by section 3 of this act.
Sec. 3. 1. There is hereby created the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System consisting of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to the management of natural resources. The members must be appointed to provide representation from the various geographical regions of the State.
κ2003 Statutes of Nevada, Page 2505 (CHAPTER 408, SB 216)κ
appointed to provide representation from the various geographical regions of the State.
2. The members of the Committee shall elect a Chairman from one house of the Legislature and a Vice Chairman from the other house. Each Chairman and Vice Chairman holds office for a term of 2 years commencing on July 1 of each odd-numbered year.
3. Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the Legislature convenes.
4. Vacancies on the Committee must be filled in the same manner as original appointments.
5. The Committee shall report annually to the Legislative Commission concerning its activities and any recommendations.
Sec. 4. 1. The members of the Committee shall meet throughout each year at the times and places specified by a call of the Chairman or a majority of the Committee.
2. The Director of the Legislative Counsel Bureau or a person he designates shall act as the nonvoting recording Secretary.
3. The Committee shall adopt rules for its own management and government.
4. Except as otherwise provided in subsection 5, four members of the Committee constitute a quorum.
5. Any recommended legislation proposed by the Committee must be approved by a majority of the members of the Senate and by a majority of the members of the Assembly appointed to the Committee.
6. Each member of the Committee, except during a regular or special session of the Legislature, is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the Committee or is otherwise engaged in the business of the Committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. The salaries and expenses paid pursuant to this subsection and any other expenses of the Committee must be paid from the Legislative Fund.
Sec. 5. The Committee shall:
1. Provide appropriate review and oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System;
2. Review the budget, programs, activities, responsiveness and accountability of the Tahoe Regional Planning Agency and the Marlette Lake Water System in such a manner as deemed necessary and appropriate by the Committee;
3. Study the role, authority and activities of:
(a) The Tahoe Regional Planning Agency regarding the Lake Tahoe Basin; and
(b) The Marlette Lake Water System regarding Marlette Lake; and
4. Continue to communicate with members of the Legislature of the State of California to achieve the goals set forth in the Tahoe Regional Planning Compact.
Sec. 6. The Committee may:
1. Conduct investigations and hold hearings in connection with its review and study;
κ2003 Statutes of Nevada, Page 2506 (CHAPTER 408, SB 216)κ
2. Apply for any available grants and accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Committee in carrying out its duties pursuant to sections 2 to 8, inclusive, of this act.
3. Direct the Legislative Counsel Bureau to assist in its research, investigations, review and study; and
4. Recommend to the Legislature, as a result of its review and study, any appropriate legislation.
Sec. 7. 1. In conducting the investigations and hearings of the Committee:
(a) Any member of the Committee may administer oaths.
(b) The Chairman of the Committee may cause the deposition of witnesses, residing either within or outside of the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.
(c) The Chairman may issue subpoenas to compel the attendance of witnesses and the production of books, papers or documents.
2. If a witness refuses to attend or testify or to produce books, papers or documents as required by the subpoena, the Chairman may report to the district court by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books, papers or documents;
(b) That the witness has been subpoenaed by the Committee pursuant to this section; and
(c) That the witness has failed or refused to attend or to produce the books, papers or documents required by the subpoena before the Committee that is named in the subpoena, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the witness to attend and testify or to produce the books, papers or documents before the Committee.
3. Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books, papers or documents before the Committee. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness appear before the Committee at the time and place fixed in the order and testify or produce the required books, papers or documents. Failure to obey the order constitutes contempt of court.
Sec. 8. Each witness who appears before the Committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this state. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the Secretary and the Chairman of the Committee.
Sec. 9. NRS 218.5368 is hereby amended to read as follows:
218.5368 The Committee shall:
1. Actively support the efforts of state and local governments in the western states regarding public lands and state sovereignty as impaired by federal ownership of land.
κ2003 Statutes of Nevada, Page 2507 (CHAPTER 408, SB 216)κ
2. Advance knowledge and understanding in local, regional and national forums of Nevadas unique situation with respect to public lands.
3. Support legislation that will enhance state and local roles in the management of public lands and will increase the disposal of public lands.
4. Review the programs and activities of:
(a) The Colorado River Commission of Nevada;
(b) All public water authorities, districts and systems in the State of Nevada, including, without limitation, the Southern Nevada Water Authority, the Truckee Meadows Water Authority, the Virgin Valley Water District, the Carson Water Subconservancy District, the Humboldt River Basin Water Authority, and the Truckee-Carson Irrigation District; and
(c) All other public or private entities with which any county in the State has an agreement regarding the planning, development or distribution of water resources, or any combination thereof.
5. On or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the review conducted pursuant to subsection 4.
Sec. 10. NRS 331.165 is hereby repealed.
Sec. 11. 1. This act becomes effective on July 1, 2003.
2. The amendatory provisions of section 9 of this act expire by limitation on June 30, 2007.
________
Senate Bill No. 207Committee on Judiciary
CHAPTER 409
AN ACT relating to distribution of estates; authorizing a person to convey his interest in real property in a deed which becomes effective upon his death; extending the statute of limitations for certain actions filed on behalf of a decedent; increasing the limit for a set-aside estate; providing for the sale of personal property of an estate; making various other changes related to wills and estates; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The owner of an interest in real property may create a deed that conveys his interest in real property to a grantee which becomes effective upon the death of the owner. Such a conveyance is subject to liens on the property in existence on the date of the death of the owner.
2. The owner of an interest in real property who creates a deed pursuant to subsection 1 may designate in the deed:
(a) Multiple grantees who will take title to the property upon his death as joint tenants with right of survivorship, tenants in common, husband and wife as community property, community property with right of survivorship or any other tenancy that is recognized in this state.
κ2003 Statutes of Nevada, Page 2508 (CHAPTER 409, SB 207)κ
and wife as community property, community property with right of survivorship or any other tenancy that is recognized in this state.
(b) A successor in interest to the grantee. If a successor in interest is designated, the deed must include a provision stating the condition precedent for the interest of the successor to vest.
3. If the owner of the real property which is the subject of a deed created pursuant to subsection 1 holds the interest in the property as a joint tenant with right of survivorship or as community property with the right of survivorship and:
(a) The deed includes a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the last surviving owner; or
(b) The deed does not include a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the owner who created the deed only if the owner who conveyed his interest in real property to the grantee is the last surviving owner.
4. If an owner of an interest in real property who creates a deed pursuant to subsection 1 transfers his interest in the real property to another person during his lifetime, the deed created pursuant to subsection 1 is void.
5. The provisions of this section must not be construed to limit the recovery of benefits paid for Medicaid.
Sec. 2. NRS 133.055 is hereby amended to read as follows:
133.055 A signature affixed to a self-proving affidavit or a self-proving declaration that is attached to a will and executed at the same time as the will is considered a signature affixed to the will if necessary to prove the execution of the will.
Sec. 3. Chapter 134 of NRS is hereby amended by adding thereto a new section to read as follows:
If any person dies leaving several children, or leaving a child and issue of one or more children, and any such surviving child dies under age, without issue and not having been married, all the estate that came to the deceased child by inheritance from the deceased parent descends in equal shares to the other children of the same parent, and to the issue of any other children of the same parent who may have died, by right of representation.
Sec. 4. NRS 134.030 is hereby amended to read as follows:
134.030 If a decedent dies intestate and has title to any estate which is the separate property of the decedent and which is not otherwise limited by contract, the estate descends and must be distributed, subject to the payment of the debts of the decedent, in the manner provided in NRS 134.040 to 134.120, inclusive [.] , and section 3 of this act.
Sec. 5. NRS 134.080 is hereby amended to read as follows:
134.080 [1.] At the death of a child who is under age, who is without issue and who has not been married, all the other children of the parent being also dead, if any of the other children left issue, the estate that came to the child by inheritance from the parent descends to all the issue of the other children of the same parent, and if all the issue are in the same degree of kindred to the child, they are entitled to share the estate equally; otherwise, they are entitled to take according to the right of representation.
[2. If any person dies leaving several children, or leaving a child and issue of one or more children, and any such surviving child dies under age, without issue and not having been married, all the estate that came to the deceased child by inheritance from the deceased parent descends in equal shares to the other children of the same parent, and to the issue of any other children of the same parent who may have died, by right of representation.]
κ2003 Statutes of Nevada, Page 2509 (CHAPTER 409, SB 207)κ
without issue and not having been married, all the estate that came to the deceased child by inheritance from the deceased parent descends in equal shares to the other children of the same parent, and to the issue of any other children of the same parent who may have died, by right of representation.]
Sec. 6. NRS 136.170 is hereby amended to read as follows:
136.170 1. If it appears to the court that a will cannot be proven as otherwise provided by law because one or more or all the subscribing witnesses to the will, at the time the will is offered for probate, are dead or mentally or physically incapable of testifying or otherwise unavailable, the court may admit the will to probate upon the testimony in person, by deposition or by affidavit of at least two credible disinterested [witnesses] persons that the signature to the will is genuine, or upon other sufficient proof that the signature is genuine.
2. The provisions of subsection 1 do not preclude the court, in its discretion, from requiring in addition, the testimony in person, by deposition or by affidavit of any available subscribing witness, or proof of such other pertinent facts and circumstances as the court deems necessary to admit the will to probate.
Sec. 7. NRS 138.020 is hereby amended to read as follows:
138.020 1. No person is qualified to serve as an executor who, at the time the will is probated:
(a) Is under the age of majority;
(b) Has been convicted of a felony;
(c) Upon proof, is adjudged by the court disqualified to execute the duties of executor by reason of conflict of interest, drunkenness, improvidence or lack of integrity or understanding; or
(d) Is a bank not authorized to do business in the State of Nevada, unless it associates as coexecutor a bank authorized to do business in this state. An out-of-state bank is qualified to appoint a substitute executor, pursuant to NRS 138.045, without forming such an association, but any natural person so appointed must be a resident of this state.
2. If a disqualified person is named as the sole executor in a will, or if all persons so named are disqualified or renounce their right to act, or fail to appear and qualify, letters of administration with the will annexed must issue.
Sec. 8. NRS 141.045 is hereby amended to read as follows:
141.045 Letters of special administration may be in substantially the following form, after properly entitling the court:
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters of Special Administration
....................................................... )
On (day) (month) . (year), the court entered an order [admitting the decedents will to probate and] appointing (name) as special administrator of the decedents estate. The order includes:
[ ] a directive for the establishment of a blocked account for sums in excess of $ .;
[ ] a directive for the posting of a bond in the sum of $ .; or
κ2003 Statutes of Nevada, Page 2510 (CHAPTER 409, SB 207)κ
[ ] a directive for both the establishment of a blocked account for sums in excess of $ . and the posting of a bond in the sum of $ .....
The special administrator, after being duly qualified, may act and has the authority and duties of special administrator.
In testimony of which, I have this date signed these letters and affixed the seal of the court.
CLERK OF THE COURT
By ........................................
Deputy Clerk (date)
OATH
I, , whose mailing address is ., solemnly affirm that I will faithfully perform according to law the duties of special administrator, and that all matters stated in any petition or paper filed with the court by me are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true.
.........................................................
Special Administrator
SUBSCRIBED AND AFFIRMED before me this . . (day) of . . (month) of (year).
CLERK OF COURT
By .......................................................
Deputy Clerk
(or) ......................................................
NOTARY PUBLIC
County of State of ..........
Sec. 9. NRS 141.090 is hereby amended to read as follows:
141.090 If a court has reason to believe, from its own knowledge or from credible information, that a personal representative:
1. Has wasted, converted to the personal representatives own use or mismanaged, or is about to waste or convert to the personal representatives own use, the property of the estate committed to the personal representatives charge;
2. Has committed or is about to commit any wrong or fraud upon the estate;
3. Has become disqualified to act;
4. Has wrongfully neglected the estate; [or]
5. Has a conflict of interest with the estate; or
6. Has unreasonably delayed the performance of necessary acts in any particular as personal representative,
the court may, by an order entered upon the minutes, suspend the powers of the personal representative until the matter can be investigated, or take such other action as it deems appropriate under the circumstances.
Sec. 10. NRS 143.065 is hereby amended to read as follows:
143.065 A statute of limitations running on a cause of action belonging to a decedent, that was not barred as of the date of death, does not bar the cause of action sooner than [4 months] 1 year after the death. A cause of action that, but for this section, would be barred less than [4 months] 1 year after the death of the decedent is barred after [4 months] 1 year unless the running of the statute is tolled under other law.
κ2003 Statutes of Nevada, Page 2511 (CHAPTER 409, SB 207)κ
after the death of the decedent is barred after [4 months] 1 year unless the running of the statute is tolled under other law.
Sec. 11. NRS 143.120 is hereby amended to read as follows:
143.120 1. If the person so cited refuses to appear and submit to examination or to testify concerning the matter of the complaint, the court may commit the person to the county jail, there to remain confined until the person obeys the order of the court or is discharged according to law.
2. If, upon examination, it appears that the person has concealed, converted, smuggled, conveyed away, or in any manner disposed of any money, goods or chattels of the decedent, or that the person has possession or control of any deeds, conveyances, bonds, contracts or other writings which contain evidence of, or tend to disclose the right, title, interest or claim of the decedent to any real or personal property, claim or demand, or any last will of the decedent, the court may enter an order requiring the person to deliver any such property or effects to the personal representative at such time as the court may fix. If the person fails to comply with the order, the court may commit the person to the county jail until the order is complied with or the person is discharged according to law.
3. The order of the court for the delivery of the property is prima facie evidence of the right of the personal representative to the property in any action that may be brought for its recovery, and any judgment recovered must be for [double the value of the property, and damages in addition thereto equal to] treble damages equal to three times the value of the property.
4. In addition to the examination of the party, witnesses may be produced and examined on either side.
Sec. 12. NRS 145.060 is hereby amended to read as follows:
145.060 1. A personal representative shall publish and mail notice to creditors in the manner provided in NRS 155.020.
2. Creditors of the estate must file their claims, due or to become due, with the clerk, within 60 days after the mailing to the creditors for those required to be mailed, or 60 days after the first publication of the notice to creditors pursuant to NRS 155.020, and within [10] 15 days thereafter the personal representative shall allow or reject the claims filed.
3. Any claim which is not filed within the 60 days is barred forever, except that if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020, the claim may be filed at any time before the filing of the final account.
4. Every claim which is filed as provided in this section and allowed by the personal representative, must then, and not until then, be ranked as an acknowledged debt of the estate and be paid in the course of administration, except that payment of small debts in advance may be made pursuant to subsection 3 of NRS 150.230.
5. If a claim filed by the Welfare Division of the Department of Human Resources is rejected by the personal representative, the State Welfare Administrator may, within 20 days after receipt of the written notice of rejection, petition the court for summary determination of the claim. A petition for summary determination must be filed with the clerk, who shall set the petition for hearing, and the petitioner shall give notice for the period and in the manner required by NRS 155.010. Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.
κ2003 Statutes of Nevada, Page 2512 (CHAPTER 409, SB 207)κ
court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.
Sec. 13. NRS 146.070 is hereby amended to read as follows:
146.070 1. If a person dies leaving an estate the gross value of which, after deducting any encumbrances, does not exceed [$50,000,] $75,000, and there is a surviving spouse or minor child or minor children of the decedent, the estate must not be administered upon, but the whole estate, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor child or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even if there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.
2. If there is no surviving spouse or minor child of the decedent and the gross value of a decedents estate, after deducting any encumbrances, does not exceed [$50,000,] $75,000, upon good cause shown, the court shall order that the estate not be administered upon, but the whole estate be assigned and set apart in the following order:
(a) To the payment of funeral expenses, expenses of last illness, money owed to the Department of Human Resources as a result of payment of benefits for Medicaid and creditors, if there are any; and
(b) Any balance remaining to the claimant or claimants entitled thereto pursuant to a valid will of the decedent, and if there is no valid will, pursuant to intestate succession.
3. Proceedings taken under this section, whether or not the decedent left a valid will, must not begin until at least 30 days after the death of the decedent and must be originated by a petition containing:
(a) A specific description of all the decedents property.
(b) A list of all the liens and mortgages of record at the date of the decedents death.
(c) An estimate of the value of the property.
(d) A statement of the debts of the decedent so far as known to the petitioner.
(e) The names and residences of the heirs and devisees of the decedent and the age of any who is a minor and the relationship of the heirs and devisees to the decedent, so far as known to the petitioner.
4. The clerk shall set the petition for hearing and the petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedents heirs and devisees and to the State Welfare Administrator. If a complete copy of the petition is not enclosed with the notice, the notice must include a statement setting forth to whom the estate is being set aside.
5. No court or clerks fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $2,500 in value.
6. If the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of [$50,000,] $75,000, the court may direct that the estate be distributed to the father or mother of a minor heir or devisee, with or without the filing of any bond, or to a custodian under chapter 167 of NRS, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond, as in the discretion of the court is deemed to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.
κ2003 Statutes of Nevada, Page 2513 (CHAPTER 409, SB 207)κ
court may direct the manner in which the money may be used for the benefit of the minor.
Sec. 14. Chapter 147 of NRS is hereby amended by adding thereto a new section to read as follows:
The debts and charges of the estate must be paid in the following order:
1. Expenses of administration.
2. Funeral expenses.
3. The expenses of the last illness.
4. Family allowance.
5. Debts having preference by laws of the United States.
6. Money owed to the Department of Human Resources as a result of the payment of benefits for Medicaid.
7. Wages to the extent of $600, of each employee of the decedent, for work done or personal services rendered within 3 months before the death of the employer. If there is not sufficient money with which to pay all such labor claims in full, the money available must be distributed among the claimants in accordance with the amounts of their respective claims.
8. Judgments rendered against the decedent in his lifetime, and mortgages in order of their date. The preference given to a mortgage extends only to the proceeds of the property mortgaged. If the proceeds of that property are insufficient to pay the mortgage, the part remaining unsatisfied must be classed with other demands against the estate.
9. All other demands against the estate.
Sec. 15. Chapter 148 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 and 17 of this act.
Sec. 16. 1. The personal representative may enter into a written contract with any bona fide agent, broker, or multiple group of agents or brokers to secure a purchaser for any personal property of the estate, and by that contract, the personal representative may grant an exclusive right to sell and shall provide for the payment to the agent, broker, or multiple group of agents or brokers, out of the proceeds of a sale to any purchaser secured pursuant to the contract, of a commission, the amount of which must be fixed and allowed by the court upon confirmation of the sale. If the sale is confirmed to the purchaser, the contract is binding and valid as against the estate for the amount so allowed by the court.
2. By the execution of any such contract, no personal liability is incurred by the personal representative, and no liability of any kind is incurred by the estate unless a sale is made and confirmed by the court.
3. The commission must not exceed 10 percent of the proceeds from the sale of any personal property pursuant to this section.
Sec. 17. 1. Except as otherwise provided in subsection 2, no sale of personal property at private sale may be confirmed by the court unless the court is satisfied that the sum offered represents the fair market value of the property sold, nor unless the personal property has been appraised within 1 year before the time of sale. If it has not been appraised, a new appraisement must be had, as in the case of an original appraisement of personal property. This may be done at any time before the sale or confirmation thereof.
2. If the personal representative is the sole devisee or heir of the estate, or if all devisees or heirs consent in writing to sale without an appraisal, the requirement of an appraisal may be dispensed with.
κ2003 Statutes of Nevada, Page 2514 (CHAPTER 409, SB 207)κ
Sec. 18. NRS 148.190 is hereby amended to read as follows:
148.190 1. Except as otherwise provided in subsection 3 and NRS 148.080, 148.170 and 148.180 and in summary administration under chapter 145 of NRS, a personal representative may sell personal property of the estate only after notice is published in a newspaper published in the county where the proceedings are pending, if there is such a newspaper, and if not, then in one having general circulation in the county, for 2 weeks, consisting of three publications 1 week apart, before the day of the sale or, in the case of a private sale, before the day on or after which the sale is to be made. For good cause shown, the court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days. The notice shall include a brief description of the property to be sold, a place where bids or offers will be received, and a day on or after which the sale will be made.
2. Public sales may be made at the courthouse door, at some other public place, at the residence of the decedent or at a place designated by the personal representative, but no sale may be made of any personal property which is not available for inspection at the time of sale, unless the court otherwise orders.
3. If the personal representative is the sole devisee or heir of the estate, or if all devisees or heirs of the estate consent in writing, the court may waive the requirement of publication.
Sec. 19. NRS 150.010 is hereby amended to read as follows:
150.010 The personal representative must be allowed all necessary expenses in the administration and settlement of the estate, and fees for services as provided by law, but if the decedent by will makes some other provision for the compensation of the personal representative, this shall be deemed a full compensation for those services, unless within 60 days after his appointment the personal representative files a renunciation, in writing, of all claim for the compensation provided by the will.
Sec. 20. Chapter 151 of NRS is hereby amended by adding thereto the provisions set forth as sections 21 and 22 of this act.
Sec. 21. No gift or grant by the decedent shall be deemed to have been made as satisfaction of a testamentary gift unless:
1. So expressed in the instrument providing for the gift or grant;
2. Charged in a writing by the decedent as partial or complete satisfaction of a testamentary gift; or
3. Acknowledged in writing by the donee to be such.
Sec. 22. If the value of the gift is expressed in the instrument providing for the gift or grant, or in a writing of the decedent, or in an acknowledgment of the donee, that value must be used in the distribution and division of the estate. Otherwise, the gift or grant must be valued as of the time the donee came into possession or enjoyment of the property or as of the time of death of the decedent, whichever occurs first.
Sec. 23. NRS 159.197 is hereby amended to read as follows:
159.197 1. After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the wards property to the ward, his executor or administrator or the successor guardian, as the case may be, and obtain a receipt therefor.
2. If the guardianship has terminated by reason of the death of the ward, the court, by order, may authorize the guardian to distribute the deceased wards property in the same manner as authorized by NRS 146.070, if the gross value of the property, less encumbrances, remaining in the hands of the guardian does not exceed [$50,000,] $75,000, or as authorized by NRS 146.080, if the gross value of the property remaining in the hands of the guardian does not exceed $20,000.
κ2003 Statutes of Nevada, Page 2515 (CHAPTER 409, SB 207)κ
gross value of the property, less encumbrances, remaining in the hands of the guardian does not exceed [$50,000,] $75,000, or as authorized by NRS 146.080, if the gross value of the property remaining in the hands of the guardian does not exceed $20,000.
Sec. 24. NRS 253.0403 is hereby amended to read as follows:
253.0403 1. When the gross value of a decedents property situated in this state does not exceed $5,000, a public administrator may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his right to do so.
2. The affidavit must provide:
(a) The public administrators name and address, and his attestation that he is entitled by law to administer the estate;
(b) The decedents place of residence at the time of his death;
(c) That the gross value of the decedents property in this state does not exceed $5,000;
(d) That at least 40 days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal representative is pending or has been granted in this state;
(f) A description of the personal property of the decedent;
(g) Whether there are any heirs or next of kin known to the affiant, and if known, the name and address of each such person;
(h) If heirs or next of kin are known to the affiant, a description of the method of service he used to provide to each of them notice of the affidavit and that at least 10 days have elapsed since the notice was provided;
(i) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for; and
(j) The name of each person to whom the affiant intends to distribute the decedents property.
3. Before filing the affidavit with the court, the public administrator shall take reasonable steps to ascertain whether any of the decedents heirs or next of kin exist. If the administrator determines that heirs or next of kin exist, he shall serve each of them with a copy of the affidavit. Service must be made personally or by certified mail.
4. If the affiant:
(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives or distributes is subject to all debts of the decedent, based on the priority for payment of debts and charges specified in [NRS 150.220.] section 14 of this act.
(b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property he holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.
5. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.
6. Upon receiving proof of the death of the decedent, an affidavit containing the information required by this section and the written approval of the public administrator to do so:
κ2003 Statutes of Nevada, Page 2516 (CHAPTER 409, SB 207)κ
(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.
Sec. 25. NRS 360.480 is hereby amended to read as follows:
360.480 1. The amounts, including interest and penalties, required to be paid by any person under this title shall be satisfied first in any of the following cases:
(a) Whenever the person is insolvent.
(b) Whenever the person makes a voluntary assignment of his assets.
(c) Whenever the estate of the person in the hands of executors, administrators or heirs, prior to distribution, is insufficient to pay all the debts due from the deceased.
(d) Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount by force of such a revenue act are levied upon by process of law.
2. This section does not give the State a preference over:
(a) Any recorded lien which attached prior to the date when the amounts required to be paid became a lien; or
(b) Any costs of administration, funeral expenses, expenses of personal illness, family allowances or debts preferred under federal law or wages as provided in [NRS 150.220.] section 14 of this act.
Sec. 26. NRS 360A.090 is hereby amended to read as follows:
360A.090 1. The amounts, including interest and penalties, required to be paid by a person pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 must be satisfied first if:
(a) The person is insolvent;
(b) The person makes a voluntary assignment of his assets;
(c) The estate of the person in the hands of executors, administrators or heirs, before distribution, is insufficient to pay all the debts due from the deceased; or
(d) The estate and effects of an absconding, concealed or absent person required to pay any amount by force of such a revenue act are levied upon by process of law.
2. This section does not give the State of Nevada a preference over:
(a) Any recorded lien that attached before the date when the amounts required to be paid became a lien; or
(b) Any costs of administration, funeral expenses, expenses of personal illness, family allowances or debts preferred pursuant to federal law or wages as provided in [NRS 150.220.] section 14 of this act.
Sec. 27. NRS 375.220 is hereby amended to read as follows:
375.220 1. The amounts, including interest and penalties, required to be paid by any person pursuant to this chapter must be satisfied first if:
(a) The person is insolvent;
(b) The person makes a voluntary assignment of his assets;
(c) The estate of the person in the hands of executors, administrators or heirs, before distribution, is insufficient to pay all the debts due from the deceased; or
κ2003 Statutes of Nevada, Page 2517 (CHAPTER 409, SB 207)κ
(d) The estate and effects of an absconding, concealed or absent person required to pay any amount by force of such a revenue act are levied upon by process of law.
2. This section does not give the county recorder a preference over:
(a) Any recorded lien that attached before the date when the amounts required to be paid became a lien; or
(b) Any costs of administration, funeral expenses, expenses of personal illness, family allowances or debts preferred pursuant to federal law or wages as provided in [NRS 150.220.] section 14 of this act.
Sec. 28. NRS 150.220 is hereby repealed.
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Assembly Bill No. 313Assemblywomen Giunchigliani and Koivisto
CHAPTER 410
AN ACT relating to health care; directing the Legislative Committee on Health Care to appoint a subcommittee to conduct an interim study of staffing of the system for the delivery of health care in Nevada; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
Whereas, Adequate levels of staffing of the system for the delivery of health care are among many of the components that help ensure the delivery of health care services in a manner that promotes proper care of patients and optimum outcomes; and
Whereas, The availability of adequate nursing staff is paramount to the access to high quality health care services in Nevada; and
Whereas, Appropriate staffing of the system for the delivery of health care helps ensure the quality of health care services provided to patients of the system for the delivery of health care in Nevada; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Legislative Committee on Health Care shall appoint a subcommittee to conduct an interim study concerning staffing of the system for the delivery of health care in Nevada. The interim study must include:
(a) The use of established methods of analysis and technical models developed by the National Center for Health Workforce Analysis of the Bureau of Health Professions of the Health Resources and Services Administration of the United States Department of Health and Human Services and the Regional Centers for Health Workforce Studies located in:
(1) The University of California at San Francisco;
(2) The University of Illinois at Chicago;
(3) The State University of New York at Albany; and
(4) The University of Washington.
(b) A comprehensive evaluation of the current requirements in Nevada for staffing of the system for the delivery of health care.
κ2003 Statutes of Nevada, Page 2518 (CHAPTER 410, AB 313)κ
(c) A comprehensive evaluation of the required methods of recordkeeping by medical facilities or other organizations that provide organized nursing services of statistics relating to staffing and patient care.
(d) The identification of conditions under which nurses may refuse work assignments without jeopardizing the quality of patient care.
(e) A survey of the staffing of the system for the delivery of health care in Nevada that is required by the Bureau of Licensure and Certification of the Health Division of the Department of Human Resources, the Joint Commission on Accreditation of Healthcare Organizations and any other state or federal law concerning medical facilities or other organizations that provide organized nursing services.
(f) A comprehensive evaluation of the practices of recruitment and retention of staff that are used by medical facilities and other organizations that provide organized nursing services in Nevada.
(g) Recommendations regarding staffing of the system for the delivery of health care in Nevada.
(h) A comprehensive evaluation of any disaster or emergency situations that would not be covered in any recommendations for the staffing of the system for the delivery of health care.
2. Except as otherwise provided in this subsection, to satisfy the objectives of the study, the subcommittee shall collaborate with a statewide advisory group of persons consisting of one representative appointed by each of the following:
(a) The Nevada Nurses Association.
(b) The Bureau of Licensure and Certification of the Health Division of the Department of Human Resources.
(c) The Nevada Hospital Association.
(d) The State Board of Nursing.
(e) The Nevada State Medical Association.
(f) Two organizations that represent the interests of nursing selected by the Chairman of the subcommittee.
(g) The University and Community College System of Nevada.
(h) The Nevada Rural Hospital Flexibility Program Partners of the Nevada Office of Rural Health of the University of Nevada School of Medicine.
(i) The Nevada Area Health Education Center Program of the Center for Education and Health Services Outreach of the University of Nevada School of Medicine.
(j) A qualified peer review organization that is governed by Titles XI and XVIII of the Social Security Act.
3. The subcommittee appointed pursuant to this section shall submit a report of its findings and any recommendations for legislation to the Legislative Committee on Health Care on or before June 1, 2004. The Legislative Committee on Health Care shall submit the report of the subcommittee and any recommendations for legislation on or before July 1, 2004, to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission and the 73rd Session of the Nevada Legislature.
4. As used in this section, system for the delivery of health care has the meaning ascribed to it in NRS 632.0195.
________
κ2003 Statutes of Nevada, Page 2519κ
Senate Bill No. 34Committee on Human Resources and Facilities
CHAPTER 411
AN ACT relating to pupils; clarifying that a pupil may be retained more than once in the same grade under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.125 is hereby amended to read as follows:
392.125 1. Except as otherwise provided in subsection 4, before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupils teacher and principal must make a reasonable effort to arrange a meeting and to meet with his parents or guardian to discuss the reasons and circumstances.
2. The teacher and the principal in joint agreement have the final authority to retain a pupil in the same grade for the succeeding school year.
3. [No] Except as otherwise provided in subsection 2 of NRS 392.033 for the promotion of a pupil to high school, no pupil may be retained more than one time in the same grade.
4. This section does not apply to the academic retention of pupils who are enrolled in a charter school.
Sec. 2. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 392Assemblyman Arberry
CHAPTER 412
AN ACT relating to state employees; increasing the amount of longevity payments to state employees; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.177 is hereby amended to read as follows:
284.177 1. A Plan to Encourage Continuity of Service, administered by the Department is hereby established for employees with 8 years or more of continuous state service. [Employees] Except as otherwise provided in NRS 284.179, an employee rated standard or better with 8 years or more of continuous service [are] is entitled to receive [$75 semiannually with] a semiannual [increase of] payment of $75 plus:
κ2003 Statutes of Nevada, Page 2520 (CHAPTER 412, AB 392)κ
(a) An annual increase of $25 in the semiannual payment for each year of the employees ninth through fourteenth years of continuous service;
(b) An annual increase of $50 in the semiannual payment for each year of the employees fifteenth through twenty-fourth years of continuous service; and
(c) An annual increase of $75 in the semiannual payment for each additional year of continuous service after 24 years, up to a maximum of 30 years of continuous state service.
2. An interruption in continuous state service terminates the employees eligibility for additional pay pursuant to subsection 1.
3. Except as otherwise provided in this subsection, no year served before the interruption may be counted in determining the employees subsequent eligibility. This provision does not apply to an employee who was employed before July 1, 1981, unless he leaves state service after that date.
4. As used in this section, continuous service means uninterrupted service as defined by the Commission.
Sec. 2. NRS 284.179 is hereby amended to read as follows:
284.179 The professional employees of the University and Community College System of Nevada are not entitled to receive the [increases] payments provided in NRS 284.177.
Sec. 3. The amendatory provisions of this act apply only to calculations made for payments on or after July 1, 2003.
Sec. 4. This act becomes effective on July 1, 2003.
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Assembly Bill No. 519Committee on Transportation
CHAPTER 413
AN ACT relating to the Department of Transportation; providing for an additional Deputy Director for the Department; authorizing the Department, in carrying out the process for awarding design-build contracts, to request best and final proposals under certain circumstances; establishing procedures for requesting and evaluating best and final proposals; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 408.111 is hereby amended to read as follows:
408.111 1. The Department consists of a Director, [a Deputy Director,] two Deputy Directors, a Chief Engineer and the following divisions:
(a) Administrative Division.
(b) Operations Division.
(c) Engineering Division.
(d) Planning Division.
κ2003 Statutes of Nevada, Page 2521 (CHAPTER 413, AB 519)κ
2. The head of a division is an assistant director. Assistant directors are in the classified service of the State.
Sec. 2. NRS 408.116 is hereby amended to read as follows:
408.116 1. All legal notices, writs, service and process issued or ordered by a court of competent jurisdiction wherein the Department is named as a defendant must be personally served upon both the Director and the Chairman of the Board or, in the absence of the Director and the Chairman of the Board, the process must be served personally upon both the Secretary of State and one of the Deputy [Director.] Directors.
2. All legal actions brought and defended by the Department must be in the name of the State of Nevada on relation of its Department.
3. This section is not a consent on the part of the Department to be sued.
Sec. 3. NRS 408.175 is hereby amended to read as follows:
408.175 1. The Director shall:
(a) Appoint one Deputy Director who in the absence, inability or failure of the Director has full authority to perform any duty required or permitted by law to be performed by the Director.
(b) Appoint one Deputy Director for southern Nevada whose principle office must be located in an urban area in southern Nevada.
(c) Employ such engineers, engineering and technical assistants, clerks and other personnel as in his judgment may be necessary to the proper conduct of the Department and to carry out the provisions of this chapter.
2. Except as otherwise provided in NRS 284.143, the Deputy [Director] Directors shall devote [his] their entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
3. The Director may delegate such authority as may be necessary for the Deputy Director appointed pursuant to paragraph (b) of subsection 1 to carry out his duties.
Sec. 4. NRS 408.178 is hereby amended to read as follows:
408.178 1. [The] Each Deputy Director:
(a) Is in the unclassified service of the State.
(b) Must hold a masters degree in public or business administration, hold the degree of bachelor of science in civil, structural, mechanical or industrial engineering, or be a licensed professional engineer.
(c) Must have at least 2 years of administrative experience as the assistant director, the chief engineer or the head of an Engineering or Planning Division of the Department, or have equivalent experience.
2. The Chief Engineer:
(a) Is in the classified service of the State.
(b) Must be a licensed professional engineer.
(c) Except as otherwise provided in subsection 3, must have at least 3 years of experience as the final engineering authority for a states agency which has duties similar to those of the Department.
3. If the Director or the Deputy Director appointed pursuant to paragraph (a) of subsection 1 of NRS 408.175, is a licensed professional engineer, he may also act as the Departments Chief Engineer.
Sec. 5. NRS 408.180 is hereby amended to read as follows:
408.180 The Director and Deputy [Director] Directors shall each take the official oath.
κ2003 Statutes of Nevada, Page 2522 (CHAPTER 413, AB 519)κ
Sec. 6. NRS 408.185 is hereby amended to read as follows:
408.185 1. The Director and Deputy [Director] Directors may use a facsimile signature produced through a mechanical device in place of their handwritten signatures whenever the necessity may arise.
2. Such a device must be of such a nature that the facsimile signature plate may be inserted and removed from the mechanical device only by use of two locking keys.
3. Such facsimile signatures must be made and used only under the personal direction and supervision of the Director [and Deputy Director, respectively.] or Deputy Director whose signature the facsimile represents.
4. All of the facsimile signature plates and locking keys must at all times be kept in a vault, securely locked when not in use, to the end that any misuse, fraudulent use or other improper use is prevented.
5. Notwithstanding the provisions of this section, the Director or a Deputy Director and the State Treasurer may combine their facsimile signatures as provided in NRS 226.080.
Sec. 7. NRS 408.215 is hereby amended to read as follows:
408.215 1. The Director has charge of all the records of the Department, keeping records of all proceedings pertaining to the Department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the Department, except those financial statements described in NRS 408.333 and the financial or proprietary information described in paragraph [(d)] (c) of subsection [5] 6 of NRS 408.3886, which must not become matters of public record.
2. The Director may photograph, microphotograph or film or dispose of the records of the Department referred to in subsection 1 as provided in NRS 239.051, 239.080 and 239.085.
3. The Director shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the Department.
4. The Director shall adopt such regulations as may be necessary to carry out and enforce the provisions of this chapter.
Sec. 8. NRS 408.3883 is hereby amended to read as follows:
408.3883 1. The Department shall advertise for preliminary proposals for the design and construction of a project by a design-build team in a newspaper of general circulation in this state.
2. A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:
(a) A description of the proposed project;
(b) Separate estimates of the costs of designing and constructing the project;
(c) The dates on which it is anticipated that the separate phases of the design and construction of the project will begin and end;
(d) The date by which preliminary proposals must be submitted to the Department, which must not be less than 30 days after the date that the request for preliminary proposals is first published in a newspaper pursuant to subsection 1; and
(e) A statement setting forth the place and time in which a design-build team desiring to submit a proposal for the project may obtain the information necessary to submit a proposal, including, without limitation, the information set forth in subsection 3.
κ2003 Statutes of Nevada, Page 2523 (CHAPTER 413, AB 519)κ
3. The Department shall maintain at the time and place set forth in the request for preliminary proposals the following information for inspection by a design-build team desiring to submit a proposal for the project:
(a) The extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the project that the Department determines to be necessary;
(b) A list of the requirements set forth in NRS 408.3884;
(c) A list of the factors that the Department will use to evaluate design-build teams who submit a proposal for the project, including, without limitation:
(1) The relative weight to be assigned to each factor pursuant to NRS 408.3886; and
(2) A disclosure of whether the factors that are not related to cost are, when considered as a group, more or less important in the process of evaluation than the factor of cost;
(d) Notice that a design-build team desiring to submit a proposal for the project must include with its proposal the information used by the Department to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 408.3885 and a description of that information;
(e) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 should submit a copy of the certificate of eligibility with its proposal; and
(f) A statement as to whether a bidding design-build team that is selected as a finalist pursuant to NRS 408.3885 but is not awarded the design-build contract pursuant to NRS 408.3886 will be partially reimbursed for the cost of preparing a final proposal or best and final offer, or both, and, if so, an estimate of the amount of the partial reimbursement.
Sec. 9. NRS 408.3886 is hereby amended to read as follows:
408.3886 1. After selecting the finalists pursuant to NRS 408.3885, the Department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:
(a) Set forth the factors that the Department will use to select a design-build team to design and construct the project, including the relative weight to be assigned to each factor; and
(b) Set forth the date by which final proposals must be submitted to the Department.
2. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the Department shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference in bidding on public works and a relative weight of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.
3. A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the Department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141.
κ2003 Statutes of Nevada, Page 2524 (CHAPTER 413, AB 519)κ
project described in subsection 1 and comply with the provisions of NRS 338.141.
4. After receiving the final proposals for the project, the Department shall:
(a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsections 1 and 2; [or]
(b) Reject all the final proposals [.] ; or
(c) Request best and final offers from all finalists in accordance with subsection 5.
5. If the Department determines that no final proposal received is cost-effective or responsive and the Department further determines that requesting best and final offers pursuant to this subsection will likely result in the submission of a satisfactory offer, the Department may prepare and provide to each finalist a request for best and final offers for the project. In conjunction with preparing a request for best and final offers pursuant to this subsection, the Department may alter the scope of the project, revise the estimates of the costs of designing and constructing the project, and revise the selection factors and relative weights described in paragraph (a) of subsection 1. A request for best and final offers prepared pursuant to this subsection must set forth the date by which best and final offers must be submitted to the Department. After receiving the best and final offers, the Department shall:
(a) Select the most cost-effective and responsive best and final offer, using the criteria set forth in the request for best and final offers; or
(b) Reject all the best and final offers.
6. If the Department selects a final proposal pursuant to paragraph (a) of subsection 4 [,] or selects a best and final offer pursuant to paragraph (a) of subsection 5, the Department shall hold a public meeting to:
(a) Review and ratify the selection.
(b) [Award the design-build contract to the design-build team whose proposal is selected.
(c)] Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (f) of subsection 3 of NRS 408.3883. The amount of reimbursement must not exceed, for each unsuccessful finalist, [three] 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.
[(d)] (c) Make available to the public a summary setting forth the factors used by the Department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals [.] and, if applicable, best and final offers. The Department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.
[6.] 7. A contract awarded pursuant to this section must specify:
(a) An amount that is the maximum amount that the Department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;
(b) An amount that is the maximum amount that the Department will pay for the performance of the professional services required by the contract; and
(c) A date by which performance of the work required by the contract must be completed.
κ2003 Statutes of Nevada, Page 2525 (CHAPTER 413, AB 519)κ
[7.] 8. A design-build team to whom a contract is awarded pursuant to this section shall:
(a) Assume overall responsibility for ensuring that the design and construction of the project is completed in a satisfactory manner; and
(b) Use the workforce of the prime contractor on the design-build team to construct at least 15 percent of the project.
Sec. 10. This act becomes effective July 1, 2003.
________
Assembly Bill No. 521Committee on Transportation
CHAPTER 414
AN ACT relating to motor vehicles; expanding the title and the duties of the Section for the Control of Emissions from Vehicles of the Department of Motor Vehicles to include the enforcement of certain matters relating to the use of special fuel; requiring the Section to cooperate and coordinate with the Nevada Highway Patrol in connection with the enforcement of certain matters; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.0481 is hereby amended to read as follows:
481.0481 1. There is hereby created within the Department a Section for the Control of Emissions from Vehicles [.] and the Enforcement of Matters Related to the Use of Special Fuel.
2. The Director shall , [appoint,] within the limits of legislative appropriations, appoint to the Section investigators, officers and technicians for [the] :
(a) The control of emissions from vehicles [.] ; and
(b) The enforcement of matters related to the use of special fuel.
3. The duties of the investigators, officers and technicians are to travel the State and:
(a) Act as agents and inspectors in the enforcement of the provisions of chapter 366 of NRS, NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS, and NRS 484.644 and 484.6441.
(b) Cooperate with the Division of Environmental Protection of the State Department of Conservation and Natural Resources in all matters pertaining to the control of emissions from vehicles.
(c) Cooperate and coordinate with the personnel of the Nevada Highway Patrol in all matters pertaining to the enforcement of the provisions of chapter 366 of NRS as those provisions relate to the use of special fuel by motor vehicles.
(d) Perform such other duties as may be imposed by the Director.
4. As used in this section, special fuel has the meaning ascribed to it in NRS 366.060.
Sec. 2. NRS 289.270 is hereby amended to read as follows:
289.270 1. The following persons have the powers of a peace officer:
κ2003 Statutes of Nevada, Page 2526 (CHAPTER 414, AB 521)κ
(a) The Director of the Department of Public Safety.
(b) The chiefs of the divisions of the Department of Public Safety.
(c) The deputy directors of the Department of Public Safety employed pursuant to NRS 480.120.
(d) The investigators and agents of the Investigation Division of the Department of Public Safety and any other officer or employee of that Division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.
(e) The personnel of the Capitol Police Division of the Department of Public Safety appointed pursuant to subsection 2 of NRS 331.140.
2. The personnel of the Nevada Highway Patrol appointed pursuant to subsection 2 of NRS 480.330 have the powers of a peace officer specified in NRS 480.330 and 480.360.
3. Administrators and investigators of the Division of Compliance Enforcement of the Department of Motor Vehicles have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties pursuant to NRS 481.048.
4. Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.
5. Members of the State Disaster Identification Team of the Division of Emergency Management of the Department of Public Safety who are, pursuant to NRS 414.270, activated by the Chief of the Division to perform the duties of the State Disaster Identification Team have the powers of peace officers in carrying out those duties.
Sec. 3. NRS 289.470 is hereby amended to read as follows:
289.470 Category II peace officer means:
1. The Bailiff of the Supreme Court;
2. The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests;
3. Constables and their deputies whose official duties require them to carry weapons and make arrests;
4. Inspectors employed by the Transportation Services Authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;
5. Parole and probation officers;
6. Special investigators who are employed full time by the office of any district attorney or the Attorney General;
7. Investigators of arson for fire departments who are specially designated by the appointing authority;
8. The assistant and deputies of the State Fire Marshal;
9. The brand inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;
10. The field agents and inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by NRS 561.225;
11. Investigators for the State Forester Firewarden who are specially designated by him and whose primary duties are related to the investigation of arson;
κ2003 Statutes of Nevada, Page 2527 (CHAPTER 414, AB 521)κ
12. School police officers employed by the board of trustees of any county school district;
13. Agents of the State Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
14. Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of NRS 481.048;
15. Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles who perform the duties specified in subsection 3 of NRS 481.0481;
16. Legislative police officers of the State of Nevada;
17. The personnel of the Capitol Police Division of the Department of Public Safety appointed pursuant to subsection 2 of NRS 331.140;
18. Parole counselors of the Division of Child and Family Services of the Department of Human Resources;
19. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;
20. Field investigators of the Taxicab Authority;
21. Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests;
22. The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department; and
23. Criminal investigators who are employed by the Secretary of State.
Sec. 4. NRS 617.135 is hereby amended to read as follows:
617.135 Police officer includes:
1. A sheriff, deputy sheriff, officer of a metropolitan police department or city policeman;
2. A chief, inspector, supervisor, commercial officer or trooper of the Nevada Highway Patrol;
3. A chief, investigator or agent of the Investigation Division of the Department of Public Safety;
4. An officer or investigator of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles;
5. An investigator of the Division of Compliance Enforcement of the Department of Motor Vehicles;
6. A member of the police department of the University and Community College System of Nevada;
7. A:
(a) Uniformed employee of; or
(b) Forensic specialist employed by,
the Department of Corrections whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies;
κ2003 Statutes of Nevada, Page 2528 (CHAPTER 414, AB 521)κ
8. A parole and probation officer of the Division of Parole and Probation of the Department of Public Safety;
9. A forensic specialist or correctional officer employed by the Division of Mental Health and Developmental Services of the Department of Human Resources at facilities for mentally disordered offenders; and
10. The State Fire Marshal, his assistant and his deputies.
Sec. 5. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 549Committee on Ways and Means
CHAPTER 415
AN ACT relating to forfeitures; revising the provisions relating to the uses of forfeited property or the proceeds of forfeited property; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.1187 is hereby amended to read as follows:
179.1187 1. The governing body controlling each law enforcement agency that receives proceeds from the sale of forfeited property shall establish with the State Treasurer, county treasurer, city treasurer or town treasurer, as custodian, a special account, known as the ................. Forfeiture Account. The account is a separate and continuing account and no money in it reverts to the State General Fund or the general fund of the county, city or town at any time. For the purposes of this section, the governing body controlling a metropolitan police department is the Metropolitan Police Committee on Fiscal Affairs.
2. The money in the account may be used for any lawful purpose deemed appropriate by the chief administrative officer of the law enforcement agency, except that:
(a) The money must not be used to pay the ordinary operating expenses of the agency.
(b) Money derived from the forfeiture of any property described in NRS 453.301 must be used to enforce the provisions of chapter 453 of NRS.
(c) Money derived from the forfeiture of any property described in NRS 501.3857 must be used to enforce the provisions of title 45 of NRS.
(d) Seventy percent of the amount of money in excess of $100,000 remaining in the account at the end of each fiscal year, as determined based upon the accounting standards of the governing body controlling the law enforcement agency that are in place on March 1, 2001, must be distributed to the school district in the judicial district. If the judicial district serves more than one county, the money must be distributed to the school district in the county from which the property was seized.
3. Notwithstanding the provisions of paragraphs (a) and (b) of subsection 2, money in the account derived from the forfeiture of any property described in NRS 453.301 may be used to pay for the operating expenses of a joint task force on narcotics otherwise funded by a federal, state or private grant or donation.
κ2003 Statutes of Nevada, Page 2529 (CHAPTER 415, AB 549)κ
state or private grant or donation. As used in this subsection, joint task force on narcotics means a task force on narcotics operated by the Department of Public Safety in conjunction with other local or federal law enforcement agencies.
4. A school district that receives money pursuant to paragraph (d) of subsection 2 shall deposit such money into a separate account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. The money in the account must be used to purchase books and computer hardware and software for the use of the students in that school district.
[4.] 5. The chief administrative officer of a law enforcement agency that distributes money to a school district pursuant to paragraph (d) of subsection 2 shall submit a report to the Director of the Legislative Counsel Bureau before January 1 of each odd-numbered year. The report must contain the amount of money distributed to each school district pursuant to paragraph (d) of subsection 2 in the preceding biennium.
Sec. 2. NRS 179.119 is hereby amended to read as follows:
179.119 1. Any law enforcement agency that receives forfeited property or the proceeds of a sale of such property pursuant to the provisions contained in NRS 179.1156 to 179.119, inclusive, shall:
(a) File a quarterly report of the approximate value of the property and the amount of the proceeds with the entity that controls the budget of the agency; and
(b) Provide the entity that controls the budget of the agency with a quarterly accounting of the receipt and use of the proceeds.
2. Revenue from forfeitures must not be considered in the preparation [or adoption] of the budget of a law enforcement agency except as money to match money from the Federal Government.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 221Senators Nolan, Rawson, Care, Cegavske and Shaffer
Joint Sponsors: Assemblymen Gibbons, Mabey and Manendo
CHAPTER 416
AN ACT relating to lobbyists; prohibiting a lobbyist from misrepresenting authorization from a Legislator to request professional services from an employee of the Legislative Counsel Bureau; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A lobbyist shall not:
κ2003 Statutes of Nevada, Page 2530 (CHAPTER 416, SB 221)κ
(a) Indicate that he has authorization from a Legislator to request professional services from an employee of the Legislative Counsel Bureau unless he has such authority; or
(b) Misrepresent the scope of the authorization that he has from a Legislator to request professional services from an employee of the Legislative Counsel Bureau.
2. As used in this section, professional services means conducting legal, fiscal or policy research or analysis, drafting a bill, resolution or amendment, or otherwise engaging in work for which an employee is professionally trained or qualified.
Sec. 2. NRS 218.904 is hereby amended to read as follows:
218.904 As used in NRS 218.900 to 218.944, inclusive, and section 1 of this act, the terms defined in NRS 218.905 to 218.916, inclusive, have the meanings ascribed to them in those sections.
________
Senate Bill No. 352Senator Rawson
CHAPTER 417
AN ACT relating to public health; designating the Nevada Cancer Institute as the official cancer institute of the State of Nevada; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 457 of NRS is hereby amended by adding thereto a new section to read as follows:
The Nevada Cancer Institute is hereby designated as the official cancer institute of the State of Nevada.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 2531κ
Senate Bill No. 372Senator Schneider
CHAPTER 418
AN ACT relating to cosmetology; prohibiting the State Board of Cosmetology from including certain personal information on a license or certificate which is required to be displayed publicly; reducing the period during which a person must practice as a full-time licensed cosmetologist, aesthetician or manicurist to qualify for the issuance of a provisional license as an instructor; revising the requirements for training for certain instructors; authorizing certain providers of health care to practice in a cosmetological establishment under certain circumstances; authorizing the sale of food or beverages in a cosmetological establishment; authorizing a school of cosmetology to offer certain courses of study; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto a new section to read as follows:
The Board shall not include on any license or certificate for public display the residential address of the holder or any other personal information relating to the holder, except the name of the holder and the number of the license or certificate.
Sec. 2. NRS 644.193 is hereby amended to read as follows:
644.193 1. The Board may grant a provisional license as an instructor to a person who:
(a) Has successfully completed the 12th grade in school or its equivalent and submits written verification of the completion of his education;
(b) Has practiced as a full-time licensed cosmetologist, aesthetician or manicurist for [3 years] 1 year and submits written verification of his experience;
(c) Is licensed pursuant to this chapter;
(d) Applies for a provisional license on a form supplied by the Board;
(e) Submits two current photographs of himself; and
(f) Has paid the fee established pursuant to subsection 2.
2. The Board shall establish and collect a fee of not less than $25 nor more than $40 for the issuance of a provisional license as an instructor.
3. A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the number of hours of training required for an instructors license.
4. A provisional license as an instructor expires upon accumulation by the licensee of the number of hours of training required for an instructors license. The Board may grant an extension of not more than 45 days to those provisional licensees who have applied to the Board for examination as instructors and are awaiting examination.
Sec. 3. NRS 644.195 is hereby amended to read as follows:
644.195 1. Each instructor must:
κ2003 Statutes of Nevada, Page 2532 (CHAPTER 418, SB 372)κ
(a) Be licensed as a cosmetologist pursuant to this chapter.
(b) Have successfully completed the 12th grade in school or its equivalent.
(c) Have 1 year of experience as a cosmetologist.
(d) Have completed 1,000 hours of training as an instructor or 500 hours of training as a provisional instructor in a school of cosmetology.
(e) [Take] Except as otherwise provided in subsection 2, take one or more courses in advanced techniques for teaching or training, approved by the Board, whose combined duration is at least 30 hours during each 2-year period.
2. The provisions of paragraph (e) of subsection 1 do not apply to an instructor who is initially licensed not more than 6 months before the renewal date of the license. An instructor who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in paragraph (e) whose combined duration is at least 15 hours during each 2-year period.
3. Each instructor shall pay an initial fee for a license of not less than $40 and not more than $60.
Sec. 4. NRS 644.1955 is hereby amended to read as follows:
644.1955 1. The Board shall admit to examination for a license as an instructor of aestheticians any person who has applied to the Board in proper form, paid the fee and:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) Has successfully completed the 12th grade in school or its equivalent;
(d) Has received a minimum of 800 hours of training as an instructor or 400 hours of training as a provisional instructor in a licensed school of cosmetology;
(e) Is licensed as an aesthetician pursuant to this chapter; and
(f) Has practiced as a full-time licensed aesthetician for 1 year.
2. [An] Except as otherwise provided in subsection 3, an instructor of aestheticians shall complete at least 30 hours of advanced training in a course approved by the Board during each 2-year period of his license.
3. The provisions of subsection 2 do not apply to an instructor of aestheticians who is initially licensed not more than 6 months before the renewal date of the license. An instructor of aestheticians who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in subsection 2 whose combined duration is at least 15 hours during each 2-year period.
Sec. 5. NRS 644.197 is hereby amended to read as follows:
644.197 1. The Board shall admit to examination for a license as an instructor in manicuring any person who has applied to the Board in proper form, paid the fee and:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) Has successfully completed the 12th grade in school or its equivalent;
(d) Has received a minimum of 500 hours of training as an instructor or 250 hours of training as a provisional instructor in a licensed school of cosmetology;
(e) Is licensed as a manicurist pursuant to this chapter; and
(f) Has practiced as a full-time licensed manicurist for 1 year.
κ2003 Statutes of Nevada, Page 2533 (CHAPTER 418, SB 372)κ
2. [An] Except as otherwise provided in subsection 3, an instructor in manicuring shall complete at least 30 hours of advanced training in a course approved by the Board during each 2-year period of his license.
3. The provisions of subsection 2 do not apply to an instructor in manicuring who is initially licensed not more than 6 months before the renewal date of the license. An instructor in manicuring who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in subsection 2 whose combined duration is at least 15 hours during each 2-year period.
Sec. 6. NRS 644.360 is hereby amended to read as follows:
644.360 1. Every holder of a license issued by the Board to operate a cosmetological establishment shall display the license in plain view of members of the general public in the principal office or place of business of the holder.
2. [The] Except as otherwise provided in this section, the operator of a cosmetological establishment shall lease space to or employ only licensed manicurists, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists at his establishment to provide cosmetological services. This subsection does not prohibit an operator of a cosmetological establishment from leasing space to or employing a barber. Such a barber remains under the jurisdiction of the State Barbers Health and Sanitation Board.
3. The operator of a cosmetological establishment may lease space at his cosmetological establishment to a provider of health care for the purpose of providing health care within the scope of his practice. The provider of health care shall not use the leased space to provide such health care at the same time a cosmetologist uses that space to engage in the practice of cosmetology. A provider of health care who leases space at a cosmetological establishment pursuant to this subsection remains subject to the laws and regulations of this state applicable to his business or profession.
4. As used in this section, provider of health care means a person who is licensed, certified or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.
Sec. 7. NRS 644.375 is hereby amended to read as follows:
644.375 [Any food] Food or beverages [that are sold] for immediate consumption may be sold in a cosmetological establishment . [must be sold in an area of the cosmetological establishment which is sufficiently separated from the area of the cosmetological establishment where cosmetological services are provided.]
Sec. 8. NRS 644.400 is hereby amended to read as follows:
644.400 1. A school of cosmetology must at all times be under the immediate supervision of a licensed instructor who has had practical experience of at least 1 year in the practice of a majority of the branches of cosmetology in an established place of business.
2. A school of cosmetology shall:
(a) Maintain a school term of not less than 1,800 hours extending over a period of not [less than 10 months nor] more than [24] 36 months, and maintain a course of practical training and technical instruction equal to the requirements for examination for a license as a cosmetologist.
κ2003 Statutes of Nevada, Page 2534 (CHAPTER 418, SB 372)κ
(b) Maintain apparatus and equipment sufficient to teach all the subjects of its curriculum.
(c) Keep a daily record of the attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas. These records must be submitted to the Board pursuant to its regulations.
(d) Include in its curriculum a course of deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.
(e) Arrange the courses devoted to each branch or practice of cosmetology as the Board may from time to time adopt as the course to be followed by the schools.
(f) Not allow any student to perform services on the public for more than 7 hours in any day . [nor for more than 5 days out of every 7.]
(g) Conduct at least 5 hours of instruction in theory in each 40-hour week or 6 hours of instruction in theory in each 48-hour week, which must be attended by all registered students.
(h) Require that all work by students be done on the basis of rotation.
3. The Board may, upon request, authorize a school of cosmetology to offer, in addition to courses which are included in any curriculum required for licensure as a cosmetologist, any other course.
Sec. 9. NRS 644.477 is hereby amended to read as follows:
644.477 [It] Except as otherwise provided in NRS 644.360, it is unlawful for the operator of a cosmetological establishment to practice or allow the practice of any profession other than cosmetology in that establishment.
Sec. 10. The provisions of section 1 of this act apply only to a license or certificate issued or renewed on or after June 1, 2003.
Sec. 11. 1. This section and sections 1 and 10 of this act become effective upon passage and approval.
2. Sections 2 to 9, inclusive, of this act become effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 2535κ
Senate Bill No. 420Committee on Finance
CHAPTER 419
AN ACT relating to wildlife; revising provisions relating to the qualifications of members of the Board of Wildlife Commissioners; revising provisions governing the killing or possessing of certain animals; authorizing the Division of Wildlife of the State Department of Conservation and Natural Resources under certain circumstances to suspend, revoke, or refuse to issue or renew any license, tag, permit, certificate or other document of a person who fails to pay a civil penalty timely; prohibiting certain persons from hunting certain upland game birds under certain circumstances; imposing and revising certain fees; creating the Wildlife Obligated Reserve Account in the State General Fund; requiring the Commission to adopt certain regulations; providing penalties; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Secs. 1-3. (Deleted by amendment.)
Sec. 3.3. NRS 501.171 is hereby amended to read as follows:
501.171 1. A county advisory board to manage wildlife shall submit written nominations for appointments to the Commission upon the request of the Governor and may submit nominations at any other time.
2. After consideration of the written nominations submitted by a county advisory board to manage wildlife and any additional candidates for appointment to the Commission, the Governor shall appoint to the Commission:
(a) One member who is actively engaged in the conservation of wildlife;
(b) One member who is actively engaged in farming;
(c) One member who is actively engaged in ranching;
(d) One member who represents the interests of the general public; and
(e) Five members who during at least 3 of the 4 years immediately preceding their appointment held a resident license to fish or hunt, or both, in Nevada.
3. The Governor shall not appoint to the Commission any person who has been convicted of:
(a) A felony or gross misdemeanor for a violation of NRS 501.376 ; [, 502.060 or 504.395; or]
(b) A gross misdemeanor for a violation of NRS 502.060 or 504.395; or
(c) Two or more violations of the provisions of chapters 501 to 504, inclusive, of NRS,
during the previous 10 years.
4. Not more than three members may be from the same county whose population is 400,000 or more, not more than two members may be from the same county whose population is 100,000 or more but less than 400,000, and not more than one member may be from the same county whose population is less than 100,000.
κ2003 Statutes of Nevada, Page 2536 (CHAPTER 419, SB 420)κ
5. The Commission shall annually select a Chairman and a Vice Chairman from among its members. A person shall not serve more than two consecutive terms as Chairman.
Sec. 3.7. NRS 501.172 is hereby amended to read as follows:
501.172 1. A member of the Commission may be removed from office for just cause.
2. A member of the Commission must be removed from office for:
(a) A conviction of a felony or gross misdemeanor for a violation of NRS 501.376 ; [, 502.060 or 504.395; or]
(b) A conviction of a gross misdemeanor for a violation of NRS 502.060 or 504.395; or
(c) Two or more convictions of violating the provisions of chapters 501 to 504, inclusive, of NRS.
Sec. 4. NRS 501.181 is hereby amended to read as follows:
501.181 The Commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of this state.
(c) The promotion of uniformity of laws relating to policy matters.
2. Guide the Division in its administration and enforcement of the provisions of this title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.
(d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the Administrator to the State Land Registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
(e) The control of nonresident hunters.
(f) The introduction, transplanting or exporting of wildlife.
(g) Cooperation with federal, state and local agencies on wildlife and boating programs.
(h) The revocation of licenses issued pursuant to this title to any person who is convicted of a violation of any provision of this title or any regulation adopted pursuant thereto.
4. Establish regulations necessary to carry out the provisions of this title and of chapter 488 of NRS, including:
(a) [Regular and special seasons] Seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping.
κ2003 Statutes of Nevada, Page 2537 (CHAPTER 419, SB 420)κ
possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the Division, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting. Any regulations relating to the closure of a season must be based upon scientific data concerning the management of wildlife. The data upon which the regulations are based must be collected or developed by the Division.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) The number of licenses issued [to nonresidents] for big game and, if necessary, other game species . [for the regular and special seasons.]
5. Adopt regulations requiring the Division to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
6. Adopt regulations:
(a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.
(b) Establishing the method for determining the amount of an assessment , and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.
7. Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to NRS 576.129.
Sec. 4.3. NRS 501.356 is hereby amended to read as follows:
501.356 1. Money received by the Division from:
(a) The sale of licenses;
(b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;
(c) Remittances from the State Treasurer pursuant to the provisions of NRS 365.535;
(d) Appropriations made by the Legislature; and
(e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in the Trout Management Account pursuant to NRS 502.327,
must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
2. The interest and income earned on the money in the Wildlife Account, after deducting any applicable charges, must be credited to the Account.
3. Except as otherwise provided in subsection 4, the Division may use money in the Wildlife Account only to carry out the provisions of this title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.
4. Except as otherwise provided in NRS 502.250 [, 502.310] and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Account pursuant to the provisions of this title must be accounted for separately and may be used only for the management of wildlife.
κ2003 Statutes of Nevada, Page 2538 (CHAPTER 419, SB 420)κ
provisions of this title must be accounted for separately and may be used only for the management of wildlife.
Sec. 4.7. NRS 501.376 is hereby amended to read as follows:
501.376 1. [Any person who unlawfully kills or possesses] Except as otherwise provided in this section, a person shall not intentionally kill or aid and abet another person to kill a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear [without a valid tag is guilty of a gross misdemeanor. This subsection does not prohibit the killing of such an animal if necessary to protect the life or property of any person in imminent danger of being attacked by such an animal.
2.] :
(a) Outside of the prescribed season set by the Commission for the lawful hunting of that animal;
(b) Through the use of an aircraft, helicopter or motor-driven vehicle in violation of NRS 503.010;
(c) By a method other than the method prescribed on the tag issued by the Division for hunting that animal;
(d) In a manner, during a time or in a place otherwise prohibited by a specific statute or a regulation adopted by the Commission; or
(e) Without a valid tag issued by the Division for hunting that animal. A tag issued for hunting any [big game mammal] animal specified in this subsection [1] is not valid if knowingly used by a person:
[(a)] (1) Other than the person specified on the tag;
[(b)] (2) Outside of the management area or other area specified on the tag;
[(c) Outside of the dates established by the Commission for the lawful taking of the big game mammal specified on the tag;
(d) Outside of the hours set pursuant to NRS 503.140 for the lawful hunting of the big game mammal specified on the tag; or
(e)] or
(3) If the tag was obtained by a false or fraudulent representation.
2. The provisions of subsection 1 do not prohibit the killing of an animal specified in subsection 1 if:
(a) The killing of the animal is necessary to protect the life or property of any person in imminent danger of being attacked by the animal; or
(b) The animal killed was not the intended target of the person who killed the animal and the killing of the animal which was the intended target would not violate the provisions of subsection 1.
3. A person who violates the provisions of subsection 1 shall be punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant to this subsection, for a gross misdemeanor. In determining whether to reduce the penalty, the court shall consider:
(a) The nature of the offense;
(b) The circumstances surrounding the offense;
(c) The defendants understanding and appreciation of the gravity of the offense;
(d) The attitude of the defendant towards the offense; and
(e) The general objectives of sentencing.
4. A person shall not willfully possess any animal specified in subsection 1 if the person knows the animal was killed in violation of subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.
κ2003 Statutes of Nevada, Page 2539 (CHAPTER 419, SB 420)κ
subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.
5. A person who violates the provisions of subsection 4 is guilty of a gross misdemeanor.
Sec. 5. NRS 501.3855 is hereby amended to read as follows:
501.3855 1. In addition to the penalties provided for the violation of any of the provisions of this title, every person who unlawfully kills or possesses a big game mammal, bobcat, swan or eagle is liable for a civil penalty of not less than $250 nor more than $5,000.
2. For unlawful killing or possession of fish or wildlife not included in subsection 1, the court may order the defendant to pay a civil penalty of not less than $25 nor more than $1,000.
3. For hunting, fishing or trapping without a valid license, tag or permit, the court may order the defendant to pay a civil penalty of not less than $50 nor more than $250.
4. Every court, before whom a defendant is convicted of unlawfully killing or possessing any wildlife, shall order the defendant to pay the civil penalty in the amount stated in this section for each mammal, bird or fish unlawfully killed or possessed. The court shall fix the manner and time of payment.
5. The Division may attempt to collect all penalties and installments that are in default in any manner provided by law for the enforcement of a judgment.
6. If a person who is ordered to pay a civil penalty pursuant to this section fails to do so within 90 days after the date set forth in the order, the Division may suspend, revoke, or refuse to issue or renew any license, tag, permit, certificate or other document or privilege otherwise available to the person pursuant to this title or chapter 488 of NRS.
7. Each court that receives money pursuant to the provisions of this section shall forthwith remit the money to the Division which shall deposit the money with the State Treasurer for credit to the Wildlife Account in the State General Fund.
Sec. 5.5. NRS 501.388 is hereby amended to read as follows:
501.388 1. The Commission may, in addition to any suspension, revocation or other penalty imposed pursuant to any other provision of this title:
(a) Revoke any license of any person who is convicted of a violation of NRS 503.050, and may refuse to issue any new license to the convicted person for any period not to exceed 5 years after the date of the conviction; and
(b) Revoke any license of any person who is convicted of unlawfully killing or possessing a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear [without a valid tag,] in violation of NRS 501.376, and may:
(1) Refuse to issue any new license to the convicted person for any period not to exceed 3 years; and
(2) Revoke that persons privilege to apply for any big game tag for a period not to exceed 10 years.
2. The court in which the conviction is had shall require the immediate surrender of all such licenses and shall forward them to the Commission.
κ2003 Statutes of Nevada, Page 2540 (CHAPTER 419, SB 420)κ
Sec. 6. Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 11, inclusive, of this act.
Sec. 7. 1. Except as otherwise provided in this section, it is unlawful for any person to hunt any upland game bird, except turkey and crow, unless at the time he is hunting he carries on his person such documentation as the Division provides as proof that he has paid to the Division, for the licensing period that includes the time he is hunting, the fee required pursuant to this section.
2. The provisions of this section do not apply to a person who is under the age of 12 years.
3. The documentation required pursuant to this section must be sold by the Division, and persons authorized by the Division to sell hunting licenses, for a fee of $10.
4. The Division shall determine the form of the documentation.
Sec. 8. All money received pursuant to section 7 of this act must be deposited with the State Treasurer for credit to the Wildlife Obligated Reserve Account in the State General Fund. The Division shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the Division for the cost of administering the program of documentation. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.
Sec. 9. 1. Before the Division may undertake any project using money received pursuant to section 7 of this act, it must analyze the project and provide the Commission with recommendations as to the need for the project and its feasibility.
2. Money received pursuant to section 7 of this act must be used for projects approved by the Commission for the protection and propagation of upland game birds and for the acquisition, development and preservation of the habitats of upland game birds in this state.
Sec. 10. The Division shall, not later than the fifth calendar day of each regular session of the Legislature, submit to it a report summarizing any projects undertaken and the receipt and expenditure of money and public benefits achieved by the program for the sale of documentation to hunt any upland game bird, except turkey and crow.
Sec. 11. 1. In addition to any fee charged and collected for an annual hunting, trapping, fishing or combined hunting and fishing license pursuant to NRS 502.240, a habitat conservation fee of $3 must be paid.
2. The Wildlife Obligated Reserve Account is hereby created in the State General Fund. Revenue from the habitat conservation fee must be accounted for separately, deposited with the State Treasurer for credit to the Wildlife Obligated Reserve Account and, except as otherwise provided in NRS 502.310 and section 8 of this act, used by the Division for the purposes of wildlife habitat rehabilitation and restoration. The interest and income earned on the money in the Wildlife Obligated Reserve Account, after deducting any applicable charges, must be credited to the Account.
3. The money in the Wildlife Obligated Reserve Account remains in the Account and does not revert to the State General Fund at the end of any fiscal year.
Sec. 12. NRS 502.040 is hereby amended to read as follows:
502.040 1. The Commission shall adopt regulations [regarding:] establishing:
κ2003 Statutes of Nevada, Page 2541 (CHAPTER 419, SB 420)κ
(a) The procedures for applying to become a license agent.
(b) The standards to be met by license agents in the performance of their duties . [;
(b)] (c) The requirements for the furnishing of surety bonds by license agents . [;
(c)] (d) The manner of remitting money to the Division . [; and
(d)] (e) The manner of accounting for licenses, tags, stamps , [and] permits and other documents received, issued, sold or returned.
A license agents authority may be revoked by the Division for his failure to abide by the regulations of the Commission. The agent may appeal to the Commission for reinstatement.
2. An application to become a license agent must be accompanied by a fee of $100 for processing the application.
3. A license agent designated by the Division is responsible for the correct issuance of all licenses, tags, stamps , [and] permits and other documents entrusted to him [,] and, so far as he is able, for ensuring that no licenses are issued upon the false statement of an applicant. Before issuing any license, the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and may require any applicant to present proof of his identity and residence.
[3.] 4. A license agent is responsible to the Division for the collection of the correct and required fee, for the safeguarding of the money collected by him [,] and for the prompt remission to the Division for deposit in accordance with NRS 501.356 of all money collected. The Division shall furnish to the license agent receipts for all money which he remits to it. A license agent shall furnish a receipt to the Division of all licenses, tags, stamps , [or] permits and other documents which he receives from it.
[4.] 5. For each license, tag, stamp , [or] permit or other document he sells, a license agent is entitled to receive a service fee of:
(a) One dollar for each license, tag [or permit,] , permit or other document, in addition to the fee for the license, tag [or permit;] , permit or other document; and
(b) Ten cents for each stamp.
[5.] 6. Any person authorized to enforce this chapter may inspect, during the license agents normal business hours, any record or document of the agent relating to the issuance of any such license, stamp, tag [or permit.] , permit or other document.
[6.] 7. All money collected by a license agent, except service fees collected pursuant to subsection [4,] 5, is public money of the State of Nevada, and the State has a prior claim for the amount of money due it upon all assets of the agent over all creditors, assignees or other claimants. The use of this money for private or business transactions is a misuse of public [funds] money and punishable under the laws provided.
Sec. 13. (Deleted by amendment.)
Sec. 14. NRS 502.077 is hereby amended to read as follows:
502.077 1. The Division shall issue special fishing permits to [the administrative head of:
(a) Northern Nevada Adult Mental Health Services;
(b) Southern Nevada Adult Mental Health Services;
(c) The Northern Nevada Childrens Home;
(d) The Southern Nevada Childrens Home;
(e) The Nevada Youth Training Center;
κ2003 Statutes of Nevada, Page 2542 (CHAPTER 419, SB 420)κ
(f) The Caliente Youth Center;
(g) The Spring Mountain Youth Camp;
(h) The China Spring Youth Camp;
(i) Any facility] each public and private nonprofit:
(a) Mental health facility or hospital that provides mental health services;
(b) Facility for the detention or correctional care of juveniles;
(c) Rehabilitation center within a hospital;
(d) Facility or establishment that provides care for older persons;
(e) Facility which provides temporary foster care for children who are not delinquent; and
[(j) Such other public or charitable institutions or organizations as are designated by regulations adopted by the Commission, for use only by the members, patients or children of such institutions or organizations.]
(f) Club or other social group operated for the benefit of disadvantaged or at-risk children.
2. The permits:
(a) Must be in the possession of the officer or employee of the organization who is supervising a member, patient or child while he is fishing.
(b) Authorize a member, patient or child to fish in a legal manner if in the company of an officer or employee of one of the [institutions] organizations listed in this section [, or of an organization provided for by regulation,] if the officer or employee has a valid Nevada fishing license.
(c) Must be issued pursuant and subject to regulations prescribed by the Commission.
(d) Must contain the words Nevada Special Fishing Permit and the number of the permit printed on the face of the permit.
(e) May authorize no more than 15 members, patients or children, respectively, to fish.
3. Each [institution or] organization shall pay to the Division an annual fee of [$15] $25 for each permit issued to the [institution or] organization pursuant to this section. The Division shall not issue more than two permits per year to each [institution or] organization.
4. It is unlawful for any person other than a member, patient or child in one of these organizations [or institutions] to fish with a permit issued by the Division pursuant to this section.
Sec. 15. NRS 502.130 is hereby amended to read as follows:
502.130 1. In addition to the regular hunting licenses and trapping licenses provided for in this chapter, additional licenses, to be known as tags, are required to hunt any deer, elk, antelope, mountain sheep or bear.
2. Whenever it is determined by the Commission that it is necessary for correct management:
(a) Tags also may be required to hunt, trap or fish for any other species of wildlife. The [tags may be used in any area in the State during the regular season and may not be limited in number or to any area, unless a special season has been designated in a management area, in which case the] Commission may limit the number of tags to be used in [that] a management area.
(b) Permits and seals may be required to hunt, trap, fish or to possess any species of wildlife.
κ2003 Statutes of Nevada, Page 2543 (CHAPTER 419, SB 420)κ
3. The Commission shall set the fee for all permits and seals issued pursuant to paragraph (b) of subsection 2.
Sec. 16. NRS 502.145 is hereby amended to read as follows:
502.145 1. An owner, lessee or manager of private land in this state may apply to the Division for the issuance to him of one or more deer or antelope tags as provided in this section. The tags must be issued as compensation for damage caused by deer or antelope to the private land or to any improvements thereon.
2. An application made pursuant to this section must:
(a) Be made in the form prescribed by the Division;
(b) Establish to the satisfaction of the Division that the applicant has sustained damage of the kind described in subsection 1; and
(c) Be accompanied by the fee charged for the tags pursuant to NRS 502.250 and any fee charged for administrative costs.
3. The Division shall review the application, may conduct any investigation it deems appropriate and, if it approves the application, shall issue to the applicant not more than one tag for each 50 animals present on the private land owned, leased or managed by the applicant. Both deer and antelope tags may be issued to an applicant.
4. A tag issued as compensation for damage pursuant to this section:
(a) May be used by the owner, lessee or manager of the private land if he holds a valid Nevada hunting license, or may be sold by that person to any holder of a valid Nevada hunting license at any price mutually agreed upon;
(b) Except as otherwise provided in subparagraph (2) of paragraph (c) , [of this subsection,] must be used on the private land or in the unit or units within the management area or areas in which the private land is located; and
(c) May only be used during:
(1) The open season for the species for which the tag is issued; or
(2) A [special] season prescribed by regulation of the Commission for the use of such tags only on the private land.
5. As a condition of receiving a tag from the Division pursuant to this section, an owner, lessee or manager who is lawfully in control of private land that blocks access to adjacent public land must provide access to the public land during the hunting season to a person or hunting party with a tag for the purpose of hunting on the public land.
6. Insofar as they are consistent with this section, the provisions of this title and of the regulations adopted by the Commission apply to the issuance and use of tags pursuant to this section. The Commission:
(a) Shall by regulation establish the maximum number of tags which may be issued annually by the Division pursuant to this section, which must not exceed 1.5 percent of the total number of deer and antelope tags which are authorized for issuance annually throughout the State; and
(b) May adopt any other regulations it deems necessary to carry out the provisions of this section.
7. The Administrator shall, not later than the fifth calendar day of each regular session of the Legislature, submit to the Director of the Legislative Counsel Bureau for distribution to the Legislature a report summarizing the activities of the Division taken pursuant to the provisions of this section during the preceding biennium, including any problems associated with the issuance and use of tags authorized by this section and any recommendations for correcting those problems.
Sec. 17. (Deleted by amendment.)
κ2003 Statutes of Nevada, Page 2544 (CHAPTER 419, SB 420)κ
Sec. 18. NRS 502.175 is hereby amended to read as follows:
502.175 1. The Division shall contract with a private entity to conduct a drawing and to award and issue the tags [for a special season.] or permits as established by the Commission. The drawing must be conducted using a computer program that awards tags or permits based on a random order of selection. The contract must provide for the acquisition by the Division of the ownership of the computer program at the end of the term of the contract. The Division shall solicit bids for the contract pursuant to the provisions of chapter 333 of NRS.
2. The Division shall:
(a) Provide to the private entity to whom a contract is awarded pursuant to the provisions of subsection 1 any applications for tags, permits, documents or other information required by the private entity to conduct the drawing; and
(b) Otherwise cooperate with the private entity in conducting the drawing.
3. As soon as practicable after the drawing is completed, the private entity shall submit the results of the drawing to the Division.
4. If no private entity qualifies for the awarding of the contract specified in subsection 1, the Division shall conduct a drawing to award tags [for a special season] or permits in the manner set forth in the regulations adopted by the Commission pursuant to the provisions of subsection 5.
5. The Commission shall adopt regulations necessary to carry out the provisions of this section, including regulations that prescribe the manner in which the Division [must] shall conduct a drawing specified in subsection 1 if no private entity qualifies for the awarding of the contract.
Sec. 19. NRS 502.190 is hereby amended to read as follows:
502.190 1. Tags for hunting wildlife [in regular season by nonresident hunters] may be limited to a certain number in any management area, which management area may include all of any county, any portion of any county [,] or any continuous area in adjacent counties.
2. Whenever a limit is placed upon the number of tags available to [nonresident] hunters in any management area , the Commission shall determine the manner in which the tags are issued, whether by lot or by sale to first applicants, the manner of application, the manner of delivering the tags and other necessary matters.
3. Whenever applications, money or tags and licenses are entrusted to the mails , the Commission is not responsible for loss or delay in the mails.
Sec. 20. NRS 502.200 is hereby amended to read as follows:
502.200 [It] Except as otherwise authorized pursuant to regulations adopted by the Commission, it is unlawful for any [nonresident] hunter:
1. To obtain tags or permits for more than one management area . [in regular season.]
2. To use tags in any management area or at any time other than at the time and place intended.
Sec. 21. NRS 502.210 is hereby amended to read as follows:
502.210 A duplicate tag may not be issued except as follows:
1. Upon receiving an affidavit of an applicant that a tag previously issued has been lost , stolen or destroyed and upon payment of a fee of [$5,] $10, the Division shall issue a duplicate tag to the applicant.
2. Upon receiving an affidavit of an applicant that he has not received the tag for which he applied and paid the required fee, the Division may [, not earlier than 7 days after the date on which the tag was mailed,] issue a duplicate tag to the applicant upon payment of a fee of [$5.]
κ2003 Statutes of Nevada, Page 2545 (CHAPTER 419, SB 420)κ
not earlier than 7 days after the date on which the tag was mailed,] issue a duplicate tag to the applicant upon payment of a fee of [$5.] $10.
3. The provisions of this section do not affect the issuance of a replacement tag pursuant to NRS 502.215.
Sec. 22. NRS 502.240 is hereby amended to read as follows:
502.240 The Division shall issue annual licenses and limited permits:
1. To any person who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of [$5] a fee of $10 for an annual trapping license.
2. Except as otherwise provided in NRS 502.245 and 504.390, to any person who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of a fee of:
For a fishing license........................................................................ [$20] $25
For a 1-day permit to fish...................................................................... [6] 8
For each consecutive day added to a 1-day permit to fish............. [2] 3
For a hunting license........................................................................... [23] 29
For a combined hunting and fishing license................................... [38] 50
For a trapping license......................................................................... [30] 38
For a fur dealers license.................................................................... [50] 63
For an annual master guides license.......................................... [250] 750
For an annual subguides license................................................... [75] 125
3. To any person who has attained his 12th birthday but who has not attained his 16th birthday, and who is not a bona fide resident of the State of Nevada, upon the payment of [$8] a fee of $17 for an annual fishing license . [, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license must cost a sum agreed upon by the Commission and the Arizona Game and Fish Commission, but not to exceed $30.]
4. Except as otherwise provided in subsection 3, to any person who is not a bona fide resident of the State of Nevada, upon the payment of a fee of:
[For a fishing license, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license must cost a sum agreed upon by the Commission and the Arizona Game and Fish Commission, but not to exceed $30.. $50]
For an annual fishing license................................................................ $65
For a 1-day permit to fish.................................................................. [11] 17
For each consecutive day added to a 1-day permit to fish............. [4] 7
For a hunting license...................................................................... [110] 138
For a combined hunting and fishing license...................................... 195
For an annual trappers license.................................................... [150] 188
For a fur dealers license............................................................... [100] 125
For an annual master guides license...................................... [500] 1,500
For an annual subguides license................................................. [150] 250
For a 1-day permit to hunt upland game and waterfowl............ [15] 20
κ2003 Statutes of Nevada, Page 2546 (CHAPTER 419, SB 420)κ
For each consecutive day added to a 1-day permit to hunt upland game and waterfowl................................................................................. [5] $8
5. To any person, without regard to residence, upon the payment of a fee of:
For a noncommercial license for the possession of live wildlife [$5] $15
For a commercial or private shooting preserve......................... [100] 125
For a commercial license for the possession of live wildlife... [100] 500
For a live bait dealers permit........................................................... [35] 44
For a competitive field trials permit................................................. [25] 31
For a permit to train dogs or falcons.................................................. [5] 15
For a 1-year falconry license............................................................ [30] 38
For a 3-year falconry license............................................................ [75] 94
For an importation permit................................................................... [5] 15
For an import eligibility permit......................................................... [25] 31
For an exportation permit.................................................................... [5] 15
For any other special permit issued by the Division, a fee not to exceed [$100] the highest fee established for any other special permit set by the Commission.
Sec. 23. NRS 502.245 is hereby amended to read as follows:
502.245 1. The Division shall issue any hunting or fishing license or combined hunting and fishing license authorized under the provisions of this chapter, upon proof satisfactory of the requisite facts and payment of the applicable fee, to any person who has resided in this state:
(a) For the 6-month period immediately preceding the date of his application for a license and:
(1) Has a severe physical disability; or
(2) Has attained his 12th birthday but has not attained his 16th birthday; or
(b) Continuously for 5 years immediately preceding the date of this application for a license and is 65 years of age or older.
2. The Division shall charge and collect [for such a:
Hunting license............................................................................................ $4
Fishing license................................................................................................. 4
Combined hunting and fishing license..................................................... 7]
a fee of:
For a hunting license................................................................................. $9
For a fishing license..................................................................................... 9
For a combined hunting and fishing license........................................ 17
3. For the purposes of this section, severe physical disability means a physical disability which materially limits the persons ability to engage in gainful employment.
Sec. 24. NRS 502.250 is hereby amended to read as follows:
502.250 1. [Except as otherwise provided in this section, the following fees must be charged for tags:] The amount of the fee that must be charged for the following tags is:
κ2003 Statutes of Nevada, Page 2547 (CHAPTER 419, SB 420)κ
Resident deer tag [for regular season.................................................... $15
Nonresident and alien deer tag for regular season....................... 60] $30
Resident antelope tag......................................................................... [50] 60
Resident elk tag.............................................................................. [100] 120
Resident bighorn tag...................................................................... [100] 120
Resident mountain goat tag......................................................... [100] 120
Resident mountain lion tag....................................................................... 25
Nonresident deer tag............................................................................... 240
Nonresident antelope tag....................................................................... 300
Nonresident elk tag.............................................................................. 1,200
Nonresident bighorn tag..................................................................... 1,200
Nonresident mountain goat tag......................................................... 1,200
Nonresident mountain lion tag............................................................. 100
2. [Other] The amount of the fee for other resident or nonresident big game tags [for special seasons must not exceed $50. Other nonresident big game tags for special seasons] must not exceed [$1,000.
3. Tags] the highest fee for a resident or nonresident big game tag established pursuant to this section.
3. The amount of the fee for a tag determined to be necessary by the Commission for other species pursuant to NRS 502.130 must not exceed [$100.] the highest fee for a resident or nonresident tag established pursuant to this section.
4. A fee not to exceed $10 may be charged for processing an application for a [tag] game species or permit other than an application for an elk . [tag.] A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk , [tag,] $5 of which must be deposited with the State Treasurer for credit to the Wildlife Obligated Reserve Account in the State General Fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this state.
5. The Commission may accept sealed bids for or may auction not more than 15 big game tags and not more than 5 wild turkey tags each year. To reimburse the Division for the cost of managing wildlife and administering and conducting the bid or auction, not more than 18 percent of the total amount of money received from the bid or auction may be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. Any amount of money received from the bid or auction that is not so deposited must be deposited with the State Treasurer for credit to the Wildlife Heritage Trust Account in the State General Fund in accordance with the provisions of NRS 501.3575.
6. The Commission may by regulation establish an additional drawing for big game tags, which may be entitled the Partnership in Wildlife Drawing. To reimburse the Division for the cost of managing wildlife and administering and conducting the drawing, not more than 18 percent of the total amount of money received from the drawing may be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. Except as otherwise provided by regulations adopted by the Commission pursuant to subsection 7, the money received by the Division from applicants in the drawing who are not awarded big game tags must be deposited with the State Treasurer for credit to the Wildlife Heritage Trust Account in accordance with the provisions of NRS 501.3575.
κ2003 Statutes of Nevada, Page 2548 (CHAPTER 419, SB 420)κ
7. The Commission may adopt regulations which authorize the return of all or a portion of any fee collected from a person pursuant to the provisions of this section.
Sec. 25. (Deleted by amendment.)
Sec. 26. NRS 502.280 is hereby amended to read as follows:
502.280 1. All resident [Indians] Native Americans of the State of Nevada are exempt from the payment of fees for fishing and hunting licenses.
2. When applying for a free fishing [and hunting licenses, resident Indians] or hunting license, a resident Native American of the State of Nevada shall exhibit [to the county clerk or license agent written identification signed by an officer of the Bureau of Indian Affairs of the United States Department of the Interior, or] a document issued in this state by the chairman of a tribal council or chief of [an Indian] a Native American tribe, or an officer of a reservation, colony or educational institution, stating that the bearer is a resident [Indian] Native American of the State of Nevada.
3. Before hunting for deer or big game off an Indian reservation in this state , all [resident Indians,] Native Americans, otherwise exempt under subsection 1, [shall] must secure resident deer tags or other resident big game tags and pay the fee provided therefor in NRS 502.250.
Sec. 27. (Deleted by amendment.)
Sec. 28. NRS 502.300 is hereby amended to read as follows:
502.300 1. Except as otherwise provided in subsection 2, it is unlawful for any person to hunt any migratory game bird, except jacksnipe, coot, gallinule, western mourning dove, white-winged dove and band-tailed pigeon [,] unless at the time he is hunting he carries on his person:
(a) An unexpired state duck stamp validated by his signature in ink across the face of the stamp; or
(b) Such documentation as the Division provides [via the Internet] as proof that he has paid to the Division, for the licensing period that includes the time he is hunting, the same fee as that required pursuant to subsection 3 for the purchase of an unexpired state duck stamp for that period.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is under the age of 12 years; or
(b) Is 65 years of age or older.
3. Unexpired duck stamps must be sold for a fee of not more than [$5] $10 each by the Division and by persons authorized by the Division to sell hunting licenses. The Commission shall establish the price to be charged by the Division or agents of the Division for expired duck stamps . [, and the fee for unexpired duck stamps within the limit provided.]
4. The Division shall determine the form of the stamps.
Sec. 28.5. NRS 502.310 is hereby amended to read as follows:
502.310 All money received pursuant to NRS 502.300 must be deposited with the State Treasurer for credit to the Wildlife Obligated Reserve Account in the State General Fund. The Division shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the Division for the cost of administering the state duck stamp programs. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.
κ2003 Statutes of Nevada, Page 2549 (CHAPTER 419, SB 420)κ
Sec. 29. NRS 502.326 is hereby amended to read as follows:
502.326 1. Except as otherwise provided in subsection 2, it is unlawful for any person to take or possess trout unless at the time he is fishing he carries on his person:
(a) An unexpired state trout stamp affixed to his fishing license and validated by his signature in ink across the face of the stamp; or
(b) Such documentation as the Division provides [via the Internet] as proof that he has paid to the Division, for the licensing period that includes the time he is fishing, the same fee as that required pursuant to subsection 3 for the purchase of a state trout stamp for that period.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is under the age of 12; or
(b) Is fishing:
(1) Under the authority of a valid 1-day permit to fish or during a consecutive day validly added to that permit; or
(2) In accordance with regulations adopted by the Commission pursuant to subparagraph (2) of paragraph (e) of subsection 1 of NRS 502.010.
3. State trout stamps must be sold for a fee of $10 each by the Division and by persons authorized by the Division to sell hunting, fishing and trapping licenses.
4. The Division shall determine the form of the stamps.
Sec. 30. NRS 502.350 is hereby amended to read as follows:
502.350 1. The Commission may authorize an instructor to collect a fee of not more than [$5] $10 from each person obtaining instruction in the responsibilities of hunters.
2. The Commission may authorize the imposition of an administrative fee of not more than [$5] $10 for the issuance of a duplicate certificate of successful completion of the course.
Sec. 31. NRS 502.370 is hereby amended to read as follows:
502.370 1. A license to practice taxidermy is required before any person may perform taxidermal services for others on any wildlife or their parts, nests or eggs.
2. Annual licenses [for the term of 1 year from July 1 to June 30] must be issued by the Division [for the following fees:] to applicants who satisfy the requirements established by the Division and pay a fee of:
Fee to practice commercial taxidermy....................................... [$35] $44
Fee to practice noncommercial taxidermy....................................... [5] 20
3. Any person who wishes to obtain a license to practice taxidermy must apply for the license on an application form provided by the Division. The applicant must provide such information on the form as the Commission may require by regulation.
4. The Commission may adopt regulations governing the licensing of taxidermists and the practice of taxidermy, including:
(a) The receipt, possession, transportation, identification, purchase and sale of wildlife or parts thereof to be or which have been processed by a taxidermist;
(b) The maintenance and submission of written records; and
(c) Any other matter concerning the practice, conduct and operating procedures of taxidermists as the Commission may deem necessary.
κ2003 Statutes of Nevada, Page 2550 (CHAPTER 419, SB 420)κ
5. A person who is authorized to enforce the provisions of this title may enter the facilities of a licensee at any reasonable hour and inspect his operations and records.
6. If a licensee is convicted of a violation of any provision of this title or the regulations adopted by the Commission, the Commission may revoke his license and may refuse to issue another license to him for a period not to exceed 5 years.
7. The provisions of this section do not apply to institutions of learning of this state or of the United States, or to research activities conducted exclusively for scientific purposes, or for the advancement of agriculture, biology or any of the sciences.
Sec. 32. NRS 502.390 is hereby amended to read as follows:
502.390 1. Any:
(a) Person who develops or maintains an artificial or man-made body of water, other than a body of water maintained for agricultural or recreational purposes, containing chemicals or substances in quantities which, with the normal use of the body of water, causes or will cause the death of any wildlife; or
(b) Operator of a mining operation which develops or maintains an artificial body of water containing chemicals directly associated with the processing of ore,
must first obtain a permit from the Division authorizing the development or maintenance of the body of water.
2. Within 30 working days after receiving an application for a permit, the Division shall issue the permit or deny the application and list the reasons for denial. An applicant may appeal the denial of a permit to the Commission. A permit may be valid for up to 5 years. The [Commission may establish] applicant must pay a fee for a permit of not more than [$100] $125 per year [.] , except that the fee for a permit issued for a period of less than 6 months is $68.
3. Upon the transfer of ownership of any artificial or man-made body of water as to which a permit issued pursuant to this section is in force at the time of the transfer, the permit remains in effect for 30 days after the transfer of ownership.
4. A person holding a permit issued pursuant to this section shall, in addition to the fee for the permit, pay to the Division an assessment. The amount of the assessment must be determined pursuant to regulations adopted by the Commission. The assessment must be no more than $10,000 per year for each permit.
5. Any person who fails to obtain a permit or pay an assessment as required by this section and the regulations adopted pursuant thereto or who fails to comply with the provisions of a permit is guilty of a misdemeanor for the first offense and a gross misdemeanor for any subsequent offense.
6. As used in this section:
(a) Mining operation means any activity conducted in this state by a person on or beneath the surface of land for the purpose of, or in connection with, the development or extraction of any mineral.
(b) Operator means any person who owns, controls or manages a mining operation.
Sec. 33. NRS 503.290 is hereby amended to read as follows:
503.290 1. Except as otherwise provided in subsection 2, it is unlawful for any person to fish in or from any of the waters of the State of Nevada for any fish of any species in any manner other than with hook and line attached to a rod or reel closely attended in the manner known as angling.
κ2003 Statutes of Nevada, Page 2551 (CHAPTER 419, SB 420)κ
Nevada for any fish of any species in any manner other than with hook and line attached to a rod or reel closely attended in the manner known as angling. Only one combination of hook, line and rod must be used by one person at any time, except that a second combination of hook, line and rod may be used by a person if the person:
(a) Purchases from the Division or a license agent of the Division a stamp , [or] permit or such documentation as may be provided by the Division for a second rod;
(b) Uses the rod in the manner prescribed in this section; and
(c) Has in his possession a valid fishing license, combined hunting and fishing license or permit to fish issued to him by the Division [.] , or such documentation as the Division provides as proof that he has paid to the Division, for the licensing period that includes the time he is fishing, the fee required pursuant to this section.
The fee for the stamp , [or] permit or documentation is $10, and the stamp, permit or documentation is valid only for the period for which it is issued.
2. The Commission may by regulation authorize other methods for taking fish. Frogs may be taken by spear, bow and arrow, hook and line or by other methods authorized by the Commissions regulation.
3. For the purposes of this section, hook includes not more than three baited hooks, not more than three fly hooks or not more than two plugs or similar lures. No more than two such plugs or lures, irrespective of the number of hooks or attractor blades attached thereto, may be attached to the line.
Sec. 34. NRS 503.425 is hereby amended to read as follows:
503.425 1. Before a person may use any vacuum or suction dredge equipment in any river, stream or lake of this state, he must submit an application to the Division. The application must be accompanied by a fee of [$5] $15 and must specify the type and size of equipment to be used and its location. If the Division determines that the operations will not be deleterious to fish , it shall issue a permit to the applicant.
2. A permit issued pursuant to subsection 1 does not authorize the recipient to use any equipment in any navigable body of water unless the recipient has obtained the appropriate permit for such a use from the State Land Registrar.
3. It is unlawful for any person to:
(a) Conduct dredging operations without securing a permit pursuant to subsection 1;
(b) Operate any equipment other than that specified in the permit; or
(c) Conduct a dredging operation outside the area designated on the permit.
Sec. 35. NRS 503.452 is hereby amended to read as follows:
503.452 Each trap, snare or similar device used in the taking of wild mammals may bear a number registered with the Division or be permanently marked with the name and address of the owner or trapper using it. If a trap is registered, the registration is permanent. A registration fee of [$5] $10 for each registrant is payable only once, at the time the first trap, snare or similar device is registered.
Sec. 36. NRS 503.650 is hereby amended to read as follows:
503.650 Nothing in this title:
1. Prohibits any person, upon the written permit of the Division, from taking, killing, possessing or banding any species of wildlife, or collecting the nest or eggs thereof, for strictly scientific or educational purposes, the number and species of wildlife to be limited by the Division.
κ2003 Statutes of Nevada, Page 2552 (CHAPTER 419, SB 420)κ
the nest or eggs thereof, for strictly scientific or educational purposes, the number and species of wildlife to be limited by the Division.
2. Prevents shipping into any other county or state, under a written permit issued by the Division, any wildlife for scientific or educational purposes.
The amount of the fee for a permit to collect wildlife for scientific or educational purposes is [$5.] $50.
Sec. 37. NRS 504.320 is hereby amended to read as follows:
504.320 [1. Before any shooting may be done on such commercial or private shooting preserve, the licensee must advise the Division, in writing, of the number of each species of upland game bird reared, purchased or acquired for liberation, and request, and receive in writing, a shooting authorization which states the number of each species which may be taken by shooting.
2. Birds must be at least 8 weeks of age, full winged, and in a condition to go wild before liberation. Before release, all birds must be banded with legbands, the specifications of which must be determined by commission regulation. Legbands must remain with the birds and not be removed until the birds are utilized by the hunter.
3. The licensee, or with his written permit the holder thereof, may take such upland game bird from such licensed preserve by shooting only, from August 1 to April 30, inclusive.
4. Permits to hunt on such licensed preserve may be used only on the date of issuance, and the hunter must carry the permit on his person at all times while on the area and while in possession of birds taken on such area.] The Commission may establish rules and regulations governing the species of upland game birds that may be taken on a commercial or private shooting preserve.
Sec. 38. NRS 504.390 is hereby amended to read as follows:
504.390 1. As used in this section, unless the context requires otherwise, guide means to assist another person in hunting wild mammals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.
2. Every person who provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, [shall] must obtain a master guide license from the Division. Such a license must not be issued to any person who has not reached 21 years of age.
3. Each person who assists a person who is required to have a master guide license and acts as a guide in the course of that activity [shall] must obtain a subguide license from the Division. Such a license must not be issued to any person who has not reached 18 years of age.
4. Fees for master guide and subguide licenses must be as provided in NRS 502.240.
5. Any person who desires a master guide license must apply for the license on a form prescribed and furnished by the Division. The application must contain the social security number of the applicant and such other information as the Commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, his application must be accompanied by a [fee of $500, which is not refundable.]
κ2003 Statutes of Nevada, Page 2553 (CHAPTER 419, SB 420)κ
application must be accompanied by a [fee of $500, which is not refundable.] nonrefundable fee of $1,500.
6. Any person who desires a subguide license must apply for the license on a form prescribed and furnished by the Division. If that person was not licensed as a subguide during the previous licensing year, his application must be accompanied by a nonrefundable fee of $50.
7. If the holder of a master guide license operates with pack or riding animals, he shall also have a grazing or special use permit if he operates in any area where such a permit is required.
8. The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the Division may require concerning fish and game taken by such persons. Such information must be furnished to the Division on request.
9. If any licensee under this section, or person served by a licensee, is convicted of a violation of any provision of this title or chapter 488 of NRS, the Commission may revoke the license of the licensee and may refuse issuance of another license to the licensee for a period not to exceed 5 years.
10. The Commission may adopt regulations covering the conduct and operation of a guide service.
11. The Division may issue master guide and subguide licenses to be valid only in certain districts in such a manner as may be determined by the regulations of the Commission.
Sec. 39. (Deleted by amendment.)
Sec. 40. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the Division of Wildlife of the State Department of Conservation and Natural Resources on forms approved by it accompanied by:
(a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Department of Taxation, or by proof of exemption from those taxes as provided in NRS 372.320.
(b) Such evidence of ownership as the Division of Wildlife may require.
The Division of Wildlife shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.
2. The application must be signed by the owner of the motorboat and must be accompanied by a fee of [$15] $20 for the certificate of ownership and a fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:
Less than 13 feet............................................................................ [$10] $20
13 feet or more but less than 18 feet............................................... [15] 25
18 feet or more but less than 22 feet............................................... [30] 40
22 feet or more but less than 26 feet............................................... [45] 55
26 feet or more but less than 31 feet............................................... [60] 75
31 feet or more ................................................................................. [75] 100
Except as otherwise provided in this subsection, all fees received by the Division of Wildlife under the provisions of this chapter must be deposited in the Wildlife Account in the State General Fund and may be expended only for the administration and enforcement of the provisions of this chapter.
κ2003 Statutes of Nevada, Page 2554 (CHAPTER 419, SB 420)κ
for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the Division of Wildlife shall deposit with the respective county school districts 50 percent of each fee collected according to the motorboats length for every motorboat registered from their respective counties. Upon receipt of the application in approved form, the Division of Wildlife shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.
3. A certificate of number may be renewed each year by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the motorboat and is equivalent to the fee set forth in the schedule provided in subsection 2. The amount of the fee for issuing a duplicate validation decal is [$10.] $20.
4. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the Commission in order that the number may be clearly visible. The number must be maintained in legible condition.
5. The certificate of number must be [pocket size and must be] available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.
6. The Commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The amount of the fee for each such a number is [$15.] $20.
Sec. 41. NRS 488.115 is hereby amended to read as follows:
488.115 1. The Division of Wildlife of the State Department of Conservation and Natural Resources may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. If a person accepts the authorization, he may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any regulations of the Commission, is valid as if awarded directly by the Division of Wildlife. At the time an agent forwards the money collected to the Division of Wildlife , he may retain [50 cents] $1 per certificate of number.
2. All records of the Division of Wildlife made or kept pursuant to this section are public records.
Sec. 42. NRS 488.1795 is hereby amended to read as follows:
488.1795 Upon receipt of a properly endorsed certificate of ownership and the certificate of number of any motorboat, the transferee shall within 10 days file the certificates accompanied by a fee of [$5] $20 with the Division of Wildlife of the State Department of Conservation and Natural Resources and thereby make application for a new certificate of ownership and a new certificate of number.
Sec. 43. (Deleted by amendment.)
Sec. 44. NRS 501.080, 501.085 and 502.230 are hereby repealed.
Sec. 45. 1. This section becomes effective on July 1, 2003.
2. Sections 1, 2 and 3 of this act become effective on July 1, 2003, for the purpose of adopting regulations and on January 1, 2004, for all other purposes.