[Rev. 2/6/2019 4:15:39 PM]
κ2003 Statutes of Nevada, Page 2555 (CHAPTER 419, SB 420)κ
3. Sections 12 and 37 of this act become effective on July 1, 2003, for the purpose of adopting regulations and on March 1, 2004, for all other purposes.
4. Sections 3.3, 3.7, 4.7 and 5.5 of this act become effective on October 1, 2003.
5. Sections 4, 5, 15 to 20, inclusive, and 39 to 44, inclusive, of this act become effective on January 1, 2004.
6. Sections 4.3, 6 to 11, inclusive, 13, 14, 21 to 36, inclusive, and 38 of this act become effective on March 1, 2004.
7. Section 38 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
________
Senate Bill No. 500Committee on Finance
CHAPTER 420
AN ACT relating to motor vehicles; revising the provisions governing certain fees paid to the Department of Motor Vehicles concerning the control of emissions from motor vehicles; 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 445B.830 is hereby amended to read as follows:
445B.830 1. In areas of the State where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the Department of Motor Vehicles and accounted for in the Pollution Control Account, which is hereby created in the State General Fund:
(a) For the issuance and annual renewal of a license for an authorized inspection station, authorized maintenance station, authorized station or fleet station....................................................................... $25
(b) For each set of 25 forms certifying emission control compliance [125] 150
(c) For each form issued to a fleet station................................................ [5] 6
2. Except as otherwise provided in subsections 4, 5 and 6, and after deduction of the amount required for grants pursuant to paragraph (a) of subsection 4, money in the Pollution Control Account may, pursuant to legislative appropriation or with the approval of the Interim Finance Committee, be expended by the following agencies in the following order of priority:
κ2003 Statutes of Nevada, Page 2556 (CHAPTER 420, SB 500)κ
Committee, be expended by the following agencies in the following order of priority:
(a) The Department of Motor Vehicles to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.
(b) The State Department of Conservation and Natural Resources to carry out the provisions of this chapter.
(c) The State Department of Agriculture to carry out the provisions of NRS 590.010 to 590.150, inclusive.
(d) Local governmental agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.
(e) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.
3. The Department of Motor Vehicles may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.
4. The Department of Motor Vehicles shall by regulation establish a program to award grants of money in the Pollution Control Account to local governmental agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of air. The grants to agencies in a county pursuant to this subsection must be made from:
(a) An amount of money in the Pollution Control Account that is equal to [one-fifth] one-sixth of the amount received for each form issued in the county pursuant to subsection 1; and
(b) Excess money in the Pollution Control Account. As used in this paragraph, excess money means the money in excess of $500,000 remaining in the Pollution Control Account at the end of the fiscal year, after deduction of the amount required for grants pursuant to paragraph (a) and any disbursements made from the Account pursuant to subsection 2.
5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445B.770.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the appropriate Deputy Director of the Department of Motor Vehicles and the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources. Proposed grants approved by the appropriate Deputy Director and the Administrator must not be awarded until approved by the Interim Finance Committee.
κ2003 Statutes of Nevada, Page 2557 (CHAPTER 420, SB 500)κ
Sec. 2. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 7Assemblyman Manendo
CHAPTER 421
AN ACT relating to driving under the influence of alcohol or a controlled substance; reducing the concentration of alcohol that may be present in the blood or breath of a person while operating a vehicle or vessel; providing for the prospective expiration of such reduced concentration of alcohol upon the repeal of certain federal laws; 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 483.045 is hereby amended to read as follows:
483.045 The phrase concentration of alcohol of 0.02 or more but less than [0.10] 0.08 in his blood or breath means 0.02 gram or more but less than [0.10] 0.08 gram of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.
Sec. 2. NRS 483.461 is hereby amended to read as follows:
483.461 1. If the result of a test given pursuant to NRS 484.382 or 484.383 shows that a person less than 21 years of age had a concentration of alcohol of 0.02 or more but less than [0.10] 0.08 in his blood or breath at the time of the test, his license, permit or privilege to drive must be suspended for a period of 90 days.
2. If a revocation or suspension of a persons license, permit or privilege to drive for a violation of NRS 62.227, 484.379 or 484.3795 follows a suspension ordered pursuant to subsection 1, the Department shall:
(a) Cancel the suspension ordered pursuant to subsection 1; and
(b) Give the person credit toward the period of revocation or suspension ordered pursuant to NRS 62.227, 484.379 or 484.3795, whichever is applicable, for any period during which the persons license, permit or privilege to drive was suspended pursuant to subsection 1.
3. This section does not preclude:
(a) The prosecution of a person for a violation of any other provision of law; or
(b) The suspension or revocation of a persons license, permit or privilege to drive pursuant to any other provision of law.
Sec. 3. NRS 483.462 is hereby amended to read as follows:
483.462 1. A peace officer who has received the result of a test given pursuant to NRS 484.382 or 484.383 which indicates that a person less than 21 years of age to whom the test was given had a concentration of alcohol of 0.02 or more but less than [0.10] 0.08 in his blood or breath shall prepare a written certificate indicating whether the peace officer:
(a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;
κ2003 Statutes of Nevada, Page 2558 (CHAPTER 421, AB 7)κ
(b) Served an order of suspension on the person pursuant to subsection 2; and
(c) Issued the person a temporary license pursuant to subsection 2.
2. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than [0.10] 0.08 in his blood or breath, the peace officer shall:
(a) Serve an order of suspension of the license, permit or privilege;
(b) Seize any license or permit of the person;
(c) Advise the person of his right to:
(1) Administrative and judicial review of the suspension; and
(2) Have a temporary license;
(d) If the person requests a temporary license, issue the person a temporary license on a form approved by the Department which becomes effective 24 hours after he receives the temporary license and expires 120 hours after it becomes effective; and
(e) Transmit to the Department:
(1) Any license or permit seized pursuant to paragraph (b); and
(2) The written certificate which the peace officer is required to prepare pursuant to subsection 1.
3. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is not present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than [0.10] 0.08 in his blood or breath, the peace officer shall transmit to the Department a copy of the result of the test and the written certificate which the peace officer is required to prepare pursuant to subsection 1.
4. The Department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, shall:
(a) Review the result of the test and the written certificate; and
(b) If the Department determines that it is appropriate, issue an order to suspend the license, permit or privilege to drive of the person by mailing the order to the person at his last known address.
5. An order for suspension issued by the Department pursuant to subsection 4 must:
(a) Explain the grounds for the suspension;
(b) Indicate the period of the suspension;
(c) Require the person to transmit to the Department any license or permit held by the person; and
(d) Explain that the person has a right to administrative and judicial review of the suspension.
6. An order for suspension issued by the Department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited, postage prepaid, in the United States mail by the Department. The date of mailing of the order may be shown by a certificate that is prepared by an officer or employee of the Department specifying the date of mailing.
κ2003 Statutes of Nevada, Page 2559 (CHAPTER 421, AB 7)κ
Sec. 4. NRS 483.463 is hereby amended to read as follows:
483.463 1. At any time during which the license, permit or privilege to drive is suspended pursuant to NRS 483.462, the person may request in writing a hearing by the Department to review the order of suspension. A person is entitled to only one administrative hearing pursuant to this section.
2. Unless the parties agree otherwise, the hearing must be conducted within 15 days after receipt of the request or as soon thereafter as is practicable in the county in which the requester resides.
3. The Director or his agent may:
(a) Issue subpoenas for:
(1) The attendance of witnesses at the hearing; and
(2) The production of relevant books and papers; and
(b) Require a reexamination of the requester.
4. The scope of the hearing must be limited to the issues of whether the person, at the time of the test:
(a) Was less than 21 years of age; and
(b) Had a concentration of alcohol of 0.02 or more but less than [0.10] 0.08 in his blood or breath.
5. The Department shall issue the person a temporary license for a period that is sufficient to complete the administrative hearing.
6. Upon an affirmative finding on the issues listed in subsection 4, the Department shall affirm the order of suspension. Otherwise, the order of suspension must be rescinded.
7. If the order of suspension is affirmed by the Department, the person is entitled to judicial review of the issues listed in subsection 4 in the manner provided in chapter 233B of NRS.
8. The court shall notify the Department upon issuing a stay. Upon receiving such notice, the Department shall issue an additional temporary license for a period that is sufficient to complete the judicial review.
9. The hearing officer or the court shall notify the Department if the hearing officer grants a continuance of the administrative hearing or the court grants a continuance after issuing a stay of the suspension. Upon receiving such notice, the Department shall cancel any temporary license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known address of the holder.
Sec. 5. NRS 484.038 is hereby amended to read as follows:
484.038 The phrase concentration of alcohol of [0.10] 0.08 or more in his blood or breath means [0.10] 0.08 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.
Sec. 6. NRS 484.379 is hereby amended to read as follows:
484.379 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of [0.10] 0.08 or more in his blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of [0.10] 0.08 or more in his blood or breath,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
κ2003 Statutes of Nevada, Page 2560 (CHAPTER 421, AB 7)κ
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.
3. It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
Prohibited substance Urine Blood
Nanograms per Nanograms
milliliter per milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marijuana 10 2
(h) Marijuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine 25 10
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of [0.10] 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
Sec. 7. NRS 484.3795 is hereby amended to read as follows:
484.3795 1. A person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of [0.10] 0.08 or more in his blood or breath;
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of [0.10] 0.08 or more in his blood or breath;
(d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
κ2003 Statutes of Nevada, Page 2561 (CHAPTER 421, AB 7)κ
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or
(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379,
and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of [0.10] 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
Sec. 8. NRS 484.384 is hereby amended to read as follows:
484.384 1. If the result of a test given under NRS 484.382 or 484.383 shows that a person had a concentration of alcohol of [0.10] 0.08 or more in his blood or breath at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days.
2. If a revocation of a persons license, permit or privilege to drive under NRS 62.227 or 483.460 follows a revocation under subsection 1 which was based on his having a concentration of alcohol of [0.10] 0.08 or more in his blood or breath, the Department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege.
3. Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.
κ2003 Statutes of Nevada, Page 2562 (CHAPTER 421, AB 7)κ
Sec. 9. NRS 484.385 is hereby amended to read as follows:
484.385 1. As agent for the Department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of [0.10] 0.08 or more in his blood or breath or has a detectable amount of a prohibited substance in his blood or urine, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation and to have a temporary license, and shall issue him a temporary license on a form approved by the Department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the persons license or permit to the Department along with the written certificate required by subsection 2.
2. When a police officer has served an order of revocation of a drivers license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of [0.10] 0.08 or more in his blood or breath or had a detectable amount of a prohibited substance in his blood or urine, the officer shall immediately prepare and transmit to the Department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of [0.10] 0.08 or more in his blood or breath or with a detectable amount of a prohibited substance in his blood or urine, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.
3. The Department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the persons license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.
4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the persons last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the Department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.
Sec. 10. NRS 484.387 is hereby amended to read as follows:
484.387 1. At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the Department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise.
κ2003 Statutes of Nevada, Page 2563 (CHAPTER 421, AB 7)κ
unless the parties agree otherwise. The Director or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. The Department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.
2. The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of [0.10] 0.08 or more in his blood or breath or a detectable amount of a prohibited substance in his blood or urine. Upon an affirmative finding on this issue, the Department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.
3. If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the Department upon the issuance of a stay , and the Department shall issue an additional temporary license for a period which is sufficient to complete the review.
4. If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the Department, and the Department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.
Sec. 11. NRS 488.405 is hereby amended to read as follows:
488.405 As used in NRS 488.410 and 488.420, the phrase concentration of alcohol of [0.10] 0.08 or more in his blood or breath means [0.10] 0.08 gram or more per 100 milliliters of the blood of a person or per 210 liters of his breath.
Sec. 12. NRS 488.410 is hereby amended to read as follows:
488.410 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of [0.10] 0.08 or more in his blood or breath; or
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have a concentration of alcohol of [0.10] 0.08 or more in his blood or breath,
to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,
to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
3. It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this state with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
κ2003 Statutes of Nevada, Page 2564 (CHAPTER 421, AB 7)κ
Prohibited substance Urine Blood
Nanograms per Nanograms per
milliliter milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marijuana 10 2
(h) Marijuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine 25 10
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause him to have a concentration of [0.10] 0.08 or more of alcohol in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
Sec. 13. NRS 488.420 is hereby amended to read as follows:
488.420 1. A person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of [0.10] 0.08 or more in his blood or breath;
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of [0.10] 0.08 or more in his blood or breath;
(d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail; or
(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,
and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
κ2003 Statutes of Nevada, Page 2565 (CHAPTER 421, AB 7)κ
offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause him to have a concentration of alcohol of [0.10] 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If a person less than 15 years of age was in the vessel at the time of the defendants violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
Sec. 14. NRS 202.257 is hereby amended to read as follows:
202.257 1. It is unlawful for a person who:
(a) Has a concentration of alcohol of 0.10 or more in his blood or breath; or
(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely exercising actual physical control of a firearm,
to have in his actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within his personal residence and had the firearm in his possession solely for self-defense.
2. Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484.383 to 484.3947, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
5. As used in this section, the phrase concentration of alcohol of 0.10 or more in his blood or breath [has the meaning ascribed to it in NRS 484.038.]
κ2003 Statutes of Nevada, Page 2566 (CHAPTER 421, AB 7)κ
484.038.] means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.
Sec. 15. This act becomes effective on September 23, 2003, and expires by limitation on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this state.
________
Assembly Bill No. 73Assemblymen McClain, Claborn, Chowning, Parks, Conklin, Anderson, Andonov, Arberry, Atkinson, Buckley, Carpenter, Collins, Gibbons, Giunchigliani, Goldwater, Grady, Horne, Koivisto, Leslie, Manendo, McCleary, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce and Williams (by request)
CHAPTER 422
AN ACT relating to crimes; reducing the age of a victim that is used as the threshold for determining the applicability of certain crimes against older persons; revising the provisions concerning certain crimes against older persons; 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. NRS 193.167 is hereby amended to read as follows:
193.167 1. Except as otherwise provided in NRS 193.169, any person who commits the crime of:
(a) Murder;
(b) Attempted murder;
(c) Assault;
(d) Battery;
(e) Kidnapping;
(f) Robbery;
(g) Sexual assault;
(h) Embezzlement of money or property of a value of $250 or more;
(i) Obtaining money or property of a value of $250 or more by false pretenses; or
(j) Taking money or property from the person of another,
against any person who is [65] 60 years of age or older shall be punished by imprisonment in the county jail or state prison, whichever applies, for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this subsection must run consecutively with the sentence prescribed by statute for the crime.
2. Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is [65] 60 years of age or older shall be punished by imprisonment in the county jail or state prison, whichever applies, for a term equal to and in addition to the term of imprisonment prescribed by statute for the criminal violation.
κ2003 Statutes of Nevada, Page 2567 (CHAPTER 422, AB 73)κ
the criminal violation. The sentence prescribed by this subsection must run consecutively with the sentence prescribed by statute for the criminal violation.
3. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
Sec. 2. NRS 200.5099 is hereby amended to read as follows:
200.5099 1. Except as otherwise provided in subsection 6, any person who abuses an older person [, causing the older person to suffer unjustifiable physical pain or mental suffering,] is guilty :
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
2. Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person and who:
(a) Neglects the older person, causing the older person to suffer physical pain or mental suffering;
(b) Permits or allows the older person to suffer unjustifiable physical pain or mental suffering; or
(c) Permits or allows the older person to be placed in a situation where the older person may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
3. Except as otherwise provided in subsection 4, any person who exploits an older person shall be punished, if the value of any money, assets and property obtained or used:
(a) Is less than $250, for a misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment;
(b) Is at least $250, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or
(c) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,
unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.
4. If a person exploits an older person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.
κ2003 Statutes of Nevada, Page 2568 (CHAPTER 422, AB 73)κ
not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.
5. Any person who isolates an older person is guilty:
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.
6. A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
7. A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
8. In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.
9. As used in this section:
(a) Allow means to take no action to prevent or stop the abuse or neglect of an older person if the person knows or has reason to know that the older person is being abused or neglected.
(b) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person.
(c) Substantial mental harm means an injury to the intellectual or psychological capacity or the emotional condition of an older person as evidenced by an observable and substantial impairment of the ability of the older person to function within his normal range of performance or behavior.
Sec. 3. NRS 200.50995 is hereby amended to read as follows:
200.50995 A person who conspires with another to commit abuse, exploitation or isolation of an older person as prohibited by NRS 200.5099 [,] shall be punished:
1. For the first offense, for a gross misdemeanor.
2. For the second and all subsequent offenses, for a category C felony as provided in NRS 193.130.
[In addition to any other penalty, the court shall order the person to pay restitution.] Each person found guilty of such a conspiracy is jointly and severally liable for the restitution ordered by the court pursuant to NRS 200.5099 with each other person found guilty of the conspiracy.
Sec. 4. NRS 207.014 is hereby amended to read as follows:
207.014 1. A person who:
(a) Has been convicted in this state of any felony committed on or after July 1, 1995, of which fraud or intent to defraud is an element; and
(b) Has previously been two times convicted, whether in this state or elsewhere, of any felony of which fraud or intent to defraud is an element before the commission of the felony under paragraph (a) of this subsection,
κ2003 Statutes of Nevada, Page 2569 (CHAPTER 422, AB 73)κ
before the commission of the felony under paragraph (a) of this subsection,
is a habitually fraudulent felon and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, if the victim of each offense was [65 years of age or] an older person or a mentally disabled person.
2. The prosecuting attorney shall include a count under this section in any information or shall file a notice of habitually fraudulent felon if an indictment is found, if the prior convictions and the alleged offense committed by the accused are felonies of which fraud or intent to defraud is an element and the victim of each offense was:
(a) [Sixty-five years of age or older;] An older person; or
(b) A mentally disabled person.
3. The trial judge may not dismiss a count under this section that is included in an indictment or information.
4. As used in this section [, mentally] :
(a) Mentally disabled person means a person who has a mental impairment which is medically documented and substantially limits one or more of the persons major life activities. The term includes, but is not limited to, a person who:
[(a)] (1) Is mentally retarded;
[(b)] (2) Suffers from a severe mental or emotional illness;
[(c)] (3) Has a severe learning disability; or
[(d)] (4) Is experiencing a serious emotional crisis in his life as a result of the fact that he or a member of his immediate family has a catastrophic illness.
(b) Older person means a person who is:
(1) Sixty-five years of age or older if the crime was committed before October 1, 2003.
(2) Sixty years of age or older if the crime was committed on or after October 1, 2003.
Sec. 5. NRS 598.0933 is hereby amended to read as follows:
598.0933 Elderly person means a person who is [65] 60 years of age or older.
Sec. 6. NRS 599B.270 is hereby amended to read as follows:
599B.270 As used in NRS 599B.270 to 599B.300, inclusive, unless the context otherwise requires:
1. Disabled person means a person who:
(a) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
2. Elderly person means a person who is [65] 60 years of age or older.
________
κ2003 Statutes of Nevada, Page 2570κ
Assembly Bill No. 550Committee on Ways and Means
CHAPTER 423
AN ACT relating to vital statistics; increasing the amount of money that certain persons or governmental organizations must remit to the State Registrar for issuing a certified or official copy of a certificate of birth; requiring those persons or governmental organizations to remit a certain amount to the State Registrar for issuing a certified or official certificate of death; increasing the fees the State Registrar must charge and collect for a certified copy of a record of birth or death; 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 440.175 is hereby amended to read as follows:
440.175 1. Upon request, the State Registrar may furnish statistical data to any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the Board.
2. No person may prepare or issue any document which purports to be an original, certified copy, certified abstract or official copy of:
(a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the Board.
(b) A certificate of marriage, except a county recorder or a person so required pursuant to NRS 122.120.
(c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.
3. A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall remit to the State Registrar:
(a) For each registration of a birth or death in its district, $2.
(b) For each copy issued of a certificate of birth in its district, [$5.] $7.
(c) For each copy issued of a certificate of death in its district, $1.
Sec. 2. NRS 440.700 is hereby amended to read as follows:
440.700 1. The State Registrar shall charge and collect the following fees:
For searching the files for one name, if no copy is made.................... $8
For verifying a vital record........................................................................... 8
For establishing and filing a record of paternity (other than a hospital-based paternity), and providing a certified copy of the new record....... 20
For a certified copy of a record of birth.......................................... [11] 13
For a certified copy of a record of death.......................................... [9] 10
For correcting a record on file with the State Registrar and providing a certified copy of the corrected record............................................... 20
For replacing a record on file with the State Registrar and providing a certified copy of the new record........................................................ 20
κ2003 Statutes of Nevada, Page 2571 (CHAPTER 423, AB 550)κ
For filing a delayed certificate of birth and providing a certified copy of the certificate............................................................................................. $20
For the services of a notary public, provided by the State Registrar.... 2
For an index of records of marriage provided on microfiche to a person other than a county recorder of a county of this state................ 200
For an index of records of divorce provided on microfiche to a person other than a county recorder of a county in this state........................... 100
For compiling data files which require specific changes in computer programming....................................................................................... 200
2. The fee collected for furnishing a copy of a certificate of birth or death includes the sum of $3 for credit to the Childrens Trust Account.
3. The fee collected for furnishing a copy of a certificate of death includes the sum of $1 for credit to the Review of Death of Children Account.
4. Upon the request of any parent or guardian, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.
5. The United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.
________
Senate Bill No. 263Committee on Finance
CHAPTER 424
AN ACT making a supplemental appropriation to the State Department of Agriculture for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from an unexpected increase in expenses; 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. There is hereby appropriated from the State General Fund to the State Department of Agriculture the sum of $41,308 for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from an unexpected increase in expenses. This appropriation is supplemental to that made by section 24 of chapter 570, Statutes of Nevada 2001, at page 2862.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 2572κ
Senate Bill No. 289Senator Neal
CHAPTER 425
AN ACT relating to health care; directing the Legislative Committee on Health Care to study the current challenges of ensuring that adequate health care is available to all of the residents of Nevada, now and in the future; 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. 1. The Legislative Committee on Health Care shall conduct an interim study of the current challenges of ensuring that adequate health care is available to all of the residents of Nevada, now and in the future. The study must include a search for innovative ways to expand the availability of health care in Nevada, including a determination of the feasibility of a single-payer health care system, the expansion of coverage for persons who are employed but are not able to find affordable health insurance and the expansion of the Medicaid program.
2. The Legislative Committee on Health Care shall appoint:
(a) A subcommittee for the study, consisting of members of the Legislative Committee on Health Care, Legislators other than members of the Legislative Committee on Health Care, or any combination thereof; and
(b) A chairman of the subcommittee from among the members of the subcommittee.
3. The study must include, without limitation:
(a) An examination of the unique characteristics of the health care market in the State of Nevada that may contribute to the increasing costs of health insurance and health care services in this state;
(b) An examination of the future health care needs of the residents of Nevada, including the need for providers of health care, medical facilities, medical equipment and other medical services; and
(c) A search for ways to expand health care coverage for all residents of Nevada, including:
(1) The feasibility of establishing a State Health Authority to coordinate a single-payer system in the State of Nevada, including a review of the different forms of single-payer systems implemented or contemplated by other states, such as employer mandates, play or pay, tax incentives and state purchasing plans;
(2) An examination of the number and distribution of uninsured residents of this state, including a review of the demographics of persons who are employed but are not able to find affordable health insurance, and a determination of the feasibility of expanding employment-based health insurance in Nevada;
(3) An examination of changes that have occurred in the affordability of health insurance policies for persons residing in Nevada, including a review of the increases in cost-sharing among health insurance plans; and
(4) An examination of the feasibility of expanding state-sponsored health insurance, including an expansion of Medicaid eligibility for those who fall just outside of the requirements for eligibility and the option of expanding Medicaid to cover all optional services.
κ2003 Statutes of Nevada, Page 2573 (CHAPTER 425, SB 289)κ
who fall just outside of the requirements for eligibility and the option of expanding Medicaid to cover all optional services.
4. The Legislative Committee on Health Care shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.
Sec. 2. This act becomes effective on July 1, 2003.
________
Senate Bill No. 264Senators Tiffany, Care, Neal and Nolan
CHAPTER 426
AN ACT relating to the Department of Corrections; authorizing the Director of the Department of Corrections to establish a correctional program for the reentry of offenders and parolees into the community; allowing the Director to assign certain offenders to serve a term of residential confinement or other appropriate supervision; making various changes to the provisions governing programs of work release; making various other changes to provisions pertaining to the Department; 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 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Correctional program means a program for reentry of prisoners and parolees into the community that is established by the Director pursuant to section 3 of this act.
Sec. 3. 1. The Director may establish a correctional program for reentry of offenders and parolees into the community pursuant to this section.
2. If the Director establishes a correctional program pursuant to this section, the Director shall:
(a) Determine whether offenders in the custody of the Department are suitable to participate in a correctional program.
(b) Determine whether parolees who are referred by the Chairman of the State Board of Parole Commissioners pursuant to section 23 of this act are suitable to participate in a correctional program as a condition of their parole.
(c) Request that the Chairman of the State Board of Parole Commissioners assign to a correctional program offenders and parolees determined by the Director to be suitable to participate in a correctional program, under the terms and conditions agreed upon by the Director and the Chairman, including, if appropriate, supervision of the offenders and parolees by the Division during their participation in the correctional program.
κ2003 Statutes of Nevada, Page 2574 (CHAPTER 426, SB 264)κ
3. An offender or parolee may not be assigned to the custody of the Division to participate in a correctional program unless the Director grants prior approval of the assignment pursuant to this section.
Sec. 4. 1. Except as otherwise provided in this section, if a correctional program has been established by the Director in the county in which an offender was sentenced to imprisonment, the Director may, after consulting with the Division, determine that an offender is suitable to participate in the correctional program if:
(a) The Director believes that the offender would participate successfully in and benefit from the correctional program;
(b) The offender has demonstrated a willingness to:
(1) Engage in employment or participate in vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his crime; and
(c) The offender is within 2 years of his probable release from prison, as determined by the Director.
2. Except as otherwise provided in this section, if the Director determines that an offender is suitable to participate in the correctional program, the Director shall request that the Chairman of the State Board of Parole Commissioners assign the offender to the custody of the Division to participate in the correctional program. The Chairman may assign the offender to the custody of the Division to participate in the correctional program for not longer than the remainder of his sentence.
3. The Director shall, by regulation, adopt standards setting forth which offenders are suitable to participate in the correctional program pursuant to this section. The standards adopted by the Director must be approved by the Board and must provide that an offender who:
(a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;
(b) Has not performed the duties assigned to him in a faithful and orderly manner;
(c) Has, within the immediately preceding 5 years, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;
(d) Has ever been convicted of a sexual offense;
(e) Has escaped or attempted to escape from any jail or correctional institution for adults; or
(f) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the Director,
is not eligible for assignment to the custody of the Division pursuant to this section to participate in a correctional program.
4. The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the Division and the Department for the cost of their participation in a correctional program, to the extent of their ability to pay.
5. The Director may return the offender to the custody of the Department at any time for any violation of the terms and conditions agreed upon by the Director and the Chairman.
6. If an offender assigned to the custody of the Division pursuant to this section violates any of the terms or conditions agreed upon by the Director and the Chairman and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the Department, as determined by the Director.
κ2003 Statutes of Nevada, Page 2575 (CHAPTER 426, SB 264)κ
Director and the Chairman and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the Department, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.
7. The assignment of an offender to the custody of the Division pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
8. An offender does not have a right to be assigned to the custody of the Division pursuant to this section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a correctional program creates any right or interest in liberty or property or establishes a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 5. NRS 209.3925 is hereby amended to read as follows:
209.3925 1. Except as otherwise provided in subsection 6, the Director may assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement pursuant to NRS 213.380 [,] or other appropriate supervision as determined by the Division of Parole and Probation, for not longer than the remainder of his sentence, if:
(a) The Director has reason to believe that the offender is:
(1) Physically incapacitated or in ill health to such a degree that he does not presently, and likely will not in the future, pose a threat to the safety of the public; [or]
(2) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to the safety of the public; and
(b) At least two physicians licensed pursuant to chapter 630 of NRS, one of whom is not employed by the Department, verify, in writing, that the offender is:
(1) Physically incapacitated [;] or in ill health; or
(2) In ill health and expected to die within 12 months.
2. If the Director intends to assign an offender to the custody of the Division of Parole and Probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the Department, the Director shall notify:
(a) If the offender will reside within this state after he is released from the custody of the Department, the board of county commissioners of the county in which the offender will reside; and
(b) The Division of Parole and Probation.
κ2003 Statutes of Nevada, Page 2576 (CHAPTER 426, SB 264)κ
3. If any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.130, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim that:
(a) The Director intends to assign the offender to the custody of the Division of Parole and Probation pursuant to this section; and
(b) The victim may submit documents to the Division of Parole and Probation regarding such an assignment.
If a current address has not been provided by a victim as required by subsection 4 of NRS 213.130, the Division of Parole and Probation must not be held responsible if notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.
4. If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement [:] or other appropriate supervision as determined by the Division of Parole and Probation:
(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
6. The Director may not assign an offender to the custody of the Division of Parole and Probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.
7. An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 6. NRS 209.432 is hereby amended to read as follows:
209.432 As used in NRS 209.432 to 209.451, inclusive, unless the context otherwise requires:
1. Offender includes:
(a) A person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
κ2003 Statutes of Nevada, Page 2577 (CHAPTER 426, SB 264)κ
(b) A person who is convicted of a felony under the laws of this state and assigned to the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 [.] or section 4 of this act.
2. Residential confinement means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
Sec. 7. NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement, or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence;
(b) For the period he is in residential confinement; and
(c) For the period he is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 [,] or section 4 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
4. The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 8. NRS 209.4465 is hereby amended to read as follows:
209.4465 1. An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
κ2003 Statutes of Nevada, Page 2578 (CHAPTER 426, SB 264)κ
in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated pursuant to his sentence;
(b) For the period he is in residential confinement; and
(c) For the period he is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 [,] or section 4 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credits allowed pursuant to subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning his first associate degree, 90 days.
3. The Director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
4. The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 20 days of credit each month that is allowed pursuant to subsections 1 and 2.
5. The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
6. The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
7. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
Sec. 9. NRS 209.4871 is hereby amended to read as follows:
209.4871 As used in NRS 209.4871 to 209.4889, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 209.4874, 209.4877 and 209.488 and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 10. NRS 209.4877 is hereby amended to read as follows:
209.4877 [Program] Judicial program means a program for reentry of [prisoners] offenders and parolees into the community that is established in a judicial district pursuant to NRS 209.4883.
Sec. 11. NRS 209.488 is hereby amended to read as follows:
209.488 Reentry court means the court in a judicial district that has established a judicial program.
Sec. 12. NRS 209.4883 is hereby amended to read as follows:
209.4883 1. A judicial district may establish a judicial program for reentry of offenders and parolees into the community pursuant to this section.
κ2003 Statutes of Nevada, Page 2579 (CHAPTER 426, SB 264)κ
2. If a judicial district establishes a judicial program pursuant to this section, the reentry court shall:
(a) Determine whether offenders who are referred by the Director pursuant to NRS 209.4886 should be assigned to the custody of the Division to participate in a judicial program.
(b) Determine whether parolees who are referred by the Chairman of the State Board of Parole Commissioners pursuant to NRS 213.625 should be ordered by the Board to participate in a judicial program as a condition of their parole.
(c) Supervise offenders and parolees participating in the judicial program during their participation in the judicial program.
3. An offender may not be assigned to the custody of the Division to participate in a judicial program unless the reentry court grants prior approval of the assignment pursuant to this section.
4. Except as otherwise provided in NRS 213.625, a parolee may not participate in a judicial program as a condition of his parole unless the reentry court grants prior approval for his participation pursuant to this section.
Sec. 13. NRS 209.4886 is hereby amended to read as follows:
209.4886 1. Except as otherwise provided in this section, if a judicial program has been established in the judicial district in which an offender was sentenced to imprisonment, the Director may, after consulting with the Division, refer the offender to the reentry court if:
(a) The Director believes that the offender would participate successfully in and benefit from the judicial program;
(b) The offender has demonstrated a willingness to:
(1) Engage in employment or participate in vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his crime; and
(c) The offender is within 2 years of his probable release from prison, as determined by the Director.
2. Except as otherwise provided in this section, if the Director is notified by the reentry court pursuant to NRS 209.4883 that an offender should be assigned to the custody of the Division to participate in the judicial program, the Director shall assign the offender to the custody of the Division to participate in the judicial program for not longer than the remainder of his sentence.
3. The Director shall, by regulation, adopt standards setting forth which offenders are eligible to be assigned to the custody of the Division to participate in the judicial program pursuant to this section. The standards adopted by the Director must be approved by the Board and must provide that an offender who:
(a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;
(b) Has not performed the duties assigned to him in a faithful and orderly manner;
(c) Has, within the immediately preceding 5 years, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;
(d) Has ever been convicted of a sexual offense;
κ2003 Statutes of Nevada, Page 2580 (CHAPTER 426, SB 264)κ
(e) Has escaped or attempted to escape from any jail or correctional institution for adults; or
(f) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the Director,
is not eligible for assignment to the custody of the Division pursuant to this section to participate in a judicial program.
4. The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the reentry court, the Division and the Department for the cost of their participation in a judicial program, to the extent of their ability to pay.
5. The reentry court may return the offender to the custody of the Department at any time for any violation of the terms and conditions imposed by the reentry court.
6. If an offender assigned to the custody of the Division pursuant to this section violates any of the terms or conditions imposed by the reentry court and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the Department, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.
7. The assignment of an offender to the custody of the Division pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
8. An offender does not have a right to be assigned to the custody of the Division pursuant to this section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a judicial program creates any right or interest in liberty or property or establishes a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 14. NRS 209.4889 is hereby amended to read as follows:
209.4889 1. The Director may, after consulting with the Division, enter into one or more contracts with one or more public or private entities to provide any of the following services, as necessary and appropriate, to offenders or parolees participating in a correctional or judicial program:
(a) Transitional housing;
(b) Treatment pertaining to substance abuse or mental health;
(c) Training in life skills;
(d) Vocational rehabilitation and job skills training; and
(e) Any other services required by offenders or parolees who are participating in a correctional or judicial program.
2. The Director shall, as necessary and appropriate, provide referrals and information regarding:
(a) Any of the services provided pursuant to subsection 1;
(b) Access and availability of any appropriate self-help groups;
κ2003 Statutes of Nevada, Page 2581 (CHAPTER 426, SB 264)κ
(c) Social services for families and children; and
(d) Permanent housing.
3. The Director may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section.
4. As used in this section, training in life skills includes, without limitation, training in the areas of:
(a) Parenting;
(b) Improving human relationships;
(c) Preventing domestic violence;
(d) Maintaining emotional and physical health;
(e) Preventing abuse of alcohol and drugs;
(f) Preparing for and obtaining employment; and
(g) Budgeting, consumerism and personal finances.
Sec. 15. NRS 212.187 is hereby amended to read as follows:
212.187 1. A prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or section 4 of this act or residential confinement, and who voluntarily engages in sexual conduct with another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or section 4 of this act or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section, sexual conduct:
(a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with another persons clothed or unclothed genitals or pubic area to arouse, appeal to or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.
Sec. 16. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 17 to 24, inclusive, of this act.
Sec. 17. As used in NRS 213.300 to 213.360, inclusive, and sections 17 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 18, 19 and 20 of this act have the meanings ascribed to them in those sections.
Sec. 18. Department means the Department of Corrections.
Sec. 19. Director means the Director of the Department.
Sec. 20. Program means a program of work release that is established by the Department pursuant to NRS 213.300.
Sec. 21. Correctional program means a program for reentry of offenders and parolees into the community that is established by the Director pursuant to section 3 of this act.
Sec. 22. Director means the Director of the Department of Corrections.
Sec. 23. 1. Except as otherwise provided in this section, if a correctional program has been established by the Director in the county in which an offender or parolee may be paroled, the Chairman of the Board may, after consulting with the Division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his parole to the Director if the Chairman believes that the person:
κ2003 Statutes of Nevada, Page 2582 (CHAPTER 426, SB 264)κ
considered for parole or a parolee who has violated a term or condition of his parole to the Director if the Chairman believes that the person:
(a) Would participate successfully in and benefit from a correctional program; and
(b) Has demonstrated a willingness to:
(1) Engage in employment or participate in vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his crime.
2. Except as otherwise provided in this section, if the Chairman is notified by the Director pursuant to section 3 of this act that a person is suitable to participate in a correctional program, the Board may, in accordance with the provisions of this section:
(a) If the person is an offender who is being considered for parole, upon the granting of parole to the offender, require as a condition of parole that the offender participate in and complete the correctional program; or
(b) If the person is a parolee who has violated a term or condition of his parole, order him to participate in and complete the correctional program as a condition of the continuation of his parole and in lieu of revoking his parole and returning him to confinement.
3. If an offender who has been assigned to the custody of the Division to participate in a correctional program pursuant to section 4 of this act is being considered for parole, the Board shall, if the Board grants parole to the offender, require as a condition of parole that he continue to participate in and complete the correctional program.
4. In determining whether to order a person to participate in and complete a correctional program pursuant to this section, the Board shall consider:
(a) The criminal history of the person; and
(b) The safety of the public.
5. The Board shall adopt regulations requiring persons who are ordered to participate in and complete a correctional program pursuant to this section to reimburse the Department of Corrections and the Division for the cost of their participation in a correctional program, to the extent of their ability to pay.
6. The Board shall not order a person to participate in a correctional program if the time required to complete the correctional program is longer than the unexpired maximum term of the persons original sentence.
Sec. 24. 1. If the Director determines that a parolee has violated a term or condition of his participation in the correctional program or a term or condition of his parole, the Director shall report the violation to the Board.
2. If a violation of a term or condition of parole is reported to the Board pursuant to this section, the Board shall proceed in the manner provided in this chapter for any other violation of a term or condition of parole.
Sec. 25. NRS 213.300 is hereby amended to read as follows:
213.300 1. The Department of Corrections [shall] may establish and administer a program of work release under which a person sentenced to a term of imprisonment in an institution of the Department may be granted the privilege of leaving secure custody during necessary and reasonable hours to:
κ2003 Statutes of Nevada, Page 2583 (CHAPTER 426, SB 264)κ
term of imprisonment in an institution of the Department may be granted the privilege of leaving secure custody during necessary and reasonable hours to:
(a) Work in this state at gainful private employment that has been approved by the Director [of the Department] for that purpose.
(b) Obtain in this state additional education, including vocational, technical and general education.
2. The program may also include temporary leave for the purpose of seeking employment in this state.
[3. The Director is responsible for the quartering and supervision of offenders enrolled in the program.]
Sec. 26. NRS 213.310 is hereby amended to read as follows:
213.310 1. [The Director of the Department of Corrections] If a program is established by the Department pursuant to NRS 213.300, the Director shall, by appropriate means of classification and selection, determine which of the offenders, during the last 6 months confinement, are suitable for the program , [of work release,] excluding those sentenced to life imprisonment who are not eligible for parole and those imprisoned for violations of chapter 201 of NRS who have not been certified by the designated board as eligible for parole.
2. The Director shall then select the names of those offenders he determines to be eligible for the program [.] , and the Director shall refer the names of those offenders to the Chairman of the State Board of Parole Commissioners for release into the program and, if appropriate, for residential confinement or other appropriate supervision as determined by the Division of Parole and Probation of the Department of Public Safety.
Sec. 27. NRS 213.315 is hereby amended to read as follows:
213.315 1. Except as otherwise provided in this section, an offender who is illiterate is not eligible to participate in a program [of work release] unless:
(a) He is regularly attending and making satisfactory progress in a program for general education; or
(b) The Director, for good cause, determines that the limitation on eligibility should be waived under the circumstances with respect to a particular offender.
2. An offender whose:
(a) Native language is not English;
(b) Ability to read and write in his native language is at or above the level of literacy designated by the Board of State Prison Commissioners in its regulations; and
(c) Ability to read and write the English language is below the level of literacy designated by the Board of State Prison Commissioners in its regulations,
may not be assigned to an industrial or a vocational program unless he is regularly attending and making satisfactory progress in a course which teaches English as a second language or the Director, for good cause, determines that the limitation on eligibility should be waived under the circumstances with respect to a particular offender.
3. Upon written documentation that an illiterate offender has a developmental, learning or other similar disability which affects his ability to learn, the Director [of the Department of Corrections] may:
(a) Adapt or create an educational program or guidelines for evaluating the educational progress of the offender to meet his particular needs; or
κ2003 Statutes of Nevada, Page 2584 (CHAPTER 426, SB 264)κ
(b) Exempt the offender from the required participation in an educational program prescribed by this section.
4. The provisions of this section do not apply to an offender who:
(a) Presents satisfactory evidence that he has a high school or general equivalency diploma; or
(b) Is admitted into a program [of work release] for the purpose of obtaining additional education in this state.
5. As used in this section, illiterate means having an ability to read and write that is below the level of literacy designated by the Board of State Prison Commissioners in its regulations.
Sec. 28. NRS 213.320 is hereby amended to read as follows:
213.320 1. [The Director of the Department of Corrections] If a program is established by the Department pursuant to NRS 213.300, the Director shall administer the program [of work release] and shall:
(a) [Locate] Refer offenders to employers who offer employment or to employment agencies that locate employment for qualified applicants;
(b) Effect placement of offenders under the program; and
(c) Generally promote public understanding and acceptance of the program.
2. All state agencies shall cooperate with the Director in carrying out this section to such extent as is consistent with their other lawful duties.
3. The Director shall adopt rules for administering the program.
Sec. 29. NRS 213.330 is hereby amended to read as follows:
213.330 1. The salaries or wages of an offender employed pursuant to the [work release program shall] program must be disbursed in the following order:
(a) To pay [the cost of quartering, feeding and clothing the offender.] any costs associated with the offenders participation in the program, to the extent of his ability to pay.
(b) To allow the offender necessary travel expense to and from work and his other incidental expenses.
(c) To support the offenders dependents.
(d) To pay, either in full or ratably, the offenders obligations which have been acknowledged by him in writing or which have been reduced to judgment.
2. Any balance of an offenders wages remaining after all disbursements have been made pursuant to subsection 1 [shall] must be paid to the offender upon his release from custody.
Sec. 30. NRS 213.350 is hereby amended to read as follows:
213.350 1. An offender enrolled in the program [of work release] is not an agent, employee or servant of the Department [of Corrections] while he is:
(a) Working in the program or seeking such employment; or
(b) Going to such employment . [from the place where he is quartered or returning therefrom.]
2. An offender enrolled in the program is considered to be an offender in an institution of the Department . [of Corrections.]
Sec. 31. NRS 213.360 is hereby amended to read as follows:
213.360 1. The Director [of the Department of Corrections] may immediately terminate any offenders enrollment in the program [of work release] and transfer him to an institution of the Department [of Corrections] if, in his judgment, the best interests of the State or the offender require such action.
κ2003 Statutes of Nevada, Page 2585 (CHAPTER 426, SB 264)κ
if, in his judgment, the best interests of the State or the offender require such action.
2. If an offender enrolled in the program is absent from his place of employment [or his designated quarters] without a reason acceptable to the Director, the offenders absence:
(a) Immediately terminates his enrollment in the program.
(b) Constitutes an escape from prison, and the offender shall be punished as provided in NRS 212.090.
Sec. 32. NRS 213.600 is hereby amended to read as follows:
213.600 As used in NRS 213.600 to 213.635, inclusive, and sections 21 to 24, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 213.605 to 213.620, inclusive, and sections 21 and 22 of this act have the meanings ascribed to them in those sections.
Sec. 33. NRS 213.615 is hereby amended to read as follows:
213.615 [Program] Judicial program means a program for reentry of prisoners and parolees into the community that is established in a judicial district pursuant to NRS 209.4883.
Sec. 34. NRS 213.620 is hereby amended to read as follows:
213.620 Reentry court means the court in a judicial district that has established a judicial program.
Sec. 35. NRS 213.625 is hereby amended to read as follows:
213.625 1. Except as otherwise provided in this section, if a judicial program has been established in the judicial district in which a prisoner or parolee may be paroled, the Chairman of the Board may, after consulting with the Division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his parole to the reentry court if the chairman believes that the person:
(a) Would participate successfully in and benefit from a judicial program; and
(b) Has demonstrated a willingness to:
(1) Engage in employment or participate in vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his crime.
2. Except as otherwise provided in this section, if the Chairman is notified by the reentry court pursuant to NRS 209.4883 that a person should be ordered to participate in a judicial program, the Board may, in accordance with the provisions of this section:
(a) If the person is a prisoner who is being considered for parole, upon the granting of parole to the prisoner, require as a condition of parole that the person participate in and complete the judicial program; or
(b) If the person is a parolee who has violated a term or condition of his parole, order him to participate in and complete the judicial program as a condition of the continuation of his parole and in lieu of revoking his parole and returning him to confinement.
3. If a prisoner who has been assigned to the custody of the Division to participate in a judicial program pursuant to NRS 209.4886 is being considered for parole:
(a) The Board shall, if the Board grants parole to the prisoner, require as a condition of parole that the person continue to participate in and complete the judicial program.
κ2003 Statutes of Nevada, Page 2586 (CHAPTER 426, SB 264)κ
(b) The Board is not required to refer the prisoner to the reentry court pursuant to subsection 1 or to obtain prior approval of the reentry court pursuant to NRS 209.4883 for the prisoner to continue participating in the judicial program while he is on parole.
4. In determining whether to order a person to participate in and complete a judicial program pursuant to this section, the Board shall consider:
(a) The criminal history of the person; and
(b) The safety of the public.
5. The Board shall adopt regulations requiring persons who are ordered to participate in and complete a judicial program pursuant to this section to reimburse the reentry court and the Division for the cost of their participation in a judicial program, to the extent of their ability to pay.
6. The Board shall not order a person to participate in a judicial program if the time required to complete the judicial program is longer than the unexpired maximum term of the persons original sentence.
Sec. 36. NRS 213.630 is hereby amended to read as follows:
213.630 1. If the reentry court determines that a parolee has violated a term or condition of his participation in the judicial program or a term or condition of his parole, the court may:
(a) Establish and impose any appropriate sanction for the violation; and
(b) If necessary, report the violation to the Board.
2. If a violation of a term or condition of parole is reported to the Board pursuant to this section, the Board shall proceed in the manner provided in this chapter for any other violation of a term or condition of parole.
Sec. 37. NRS 213.635 is hereby amended to read as follows:
213.635 The Division shall supervise each person who is participating in a correctional or judicial program pursuant to NRS 209.4886 or 213.625 [.] or section 4 or 23 of this act.
Sec. 38. NRS 179.259 is hereby amended to read as follows:
179.259 1. Except as otherwise provided in subsections 3 and 4, 5 years after an eligible person completes a program for reentry, the court may order sealed all documents, papers and exhibits in the eligible persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order. The court may order those records sealed without a hearing unless the Division of Parole and Probation of the Department of Public Safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
2. If the court orders sealed the record of an eligible person, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
3. A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.
4. A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.
5. As used in this section:
(a) Crime against a child has the meaning ascribed to it in NRS 179D.210.
(b) Eligible person means a person who has:
κ2003 Statutes of Nevada, Page 2587 (CHAPTER 426, SB 264)κ
(1) Successfully completed a program for reentry to which he participated in pursuant to NRS 209.4886 or 213.625 [;] or section 4 or 23 of this act; and
(2) Been convicted of a single offense which was punishable as a felony and which did not involve the use or threatened use of force or violence against the victim. For the purposes of this subparagraph, multiple convictions for an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the same transaction or occurrence.
(c) Program for reentry means [a] :
(1) A correctional program for reentry of offenders and parolees into the community that is established by the Director of the Department of Corrections pursuant to section 3 of this act; or
(2) A judicial program for reentry of [prisoners] offenders and parolees into the community that is established in a judicial district pursuant to NRS 209.4883.
(d) Sexual offense has the meaning ascribed to it in paragraph (b) of subsection 7 of NRS 179.245.
Sec. 39. NRS 213.340 is hereby repealed.
________
Senate Bill No. 206Committee on Judiciary
CHAPTER 427
AN ACT relating to liens; prohibiting the waiver or modification of rights relating to mechanics and materialmens liens except under certain circumstances; prohibiting certain provisions in a contract for a work of improvement; making various changes to the provisions relating to mechanics and materialmens liens; 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 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.
Sec. 2. Agent of the owner means every architect, builder, contractor, engineer, geologist, land surveyor, lessee, miner, subcontractor or other person having charge or control of the property, improvement or work of improvement of the owner, or any part thereof.
Sec. 3. Building means a primary building or other superstructure, together with all garages, outbuildings and other structures appurtenant thereto.
Sec. 4. Commencement of construction means the date on which:
1. Work performed; or
2. Materials or equipment furnished in connection with a work of improvement,
is visible from a reasonable inspection of the site.
Sec. 5. Completion of the work of improvement means:
κ2003 Statutes of Nevada, Page 2588 (CHAPTER 427, SB 206)κ
1. The occupation or use by the owner, an agent of the owner or a representative of the owner of the work of improvement, accompanied by the cessation of all work on the work of improvement;
2. The acceptance by the owner, an agent of the owner or a representative of the owner of the work of improvement, accompanied by the cessation of all work on the work of improvement; or
3. The cessation of all work on a work of improvement for 30 consecutive days, provided a notice of completion is timely recorded and served and the work is not resumed under the same contract.
Sec. 6. Contract means a written or oral agreement, including all attachments and amendments thereto, for the provision of work, materials or equipment for a work of improvement.
Sec. 7. (Deleted by amendment.)
Sec. 8. Equipment means tools, machinery and vehicles, furnished or rented, which are used or to be used in the construction, alteration or repair of a work of improvement at the request of the owner or an agent of the owner.
Sec. 9. Improvement means the development, enhancement or addition to property, by the provision of work, materials or equipment. The term includes, without limitation:
1. A building, railway, tramway, toll road, canal, water ditch, flume, aqueduct, reservoir, bridge, fence, street, sidewalk, fixtures or other structure or superstructure;
2. A mine or a shaft, tunnel, adit or other excavation, designed or used to prospect, drain or work a mine;
3. A system for irrigation, plants, sod or other landscaping;
4. The demolition or removal of existing improvements, trees or other vegetation;
5. The drilling of test holes;
6. Grading, grubbing, filling or excavating;
7. Constructing or installing sewers or other public utilities; and
8. Constructing a vault, cellar or room under sidewalks or making improvements to the sidewalks in front of or adjoining the property.
Sec. 10. Lien means the statutory rights and security interest in property or any improvements thereon provided to a lien claimant by NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act.
Sec. 11. Lienable amount means the principal amount of a lien to which a lien claimant is entitled pursuant to subsection 1 of NRS 108.222.
Sec. 12. Lien claimant means any person who provides work, material or equipment with a value of $500 or more to be used in or for the construction, alteration or repair of any improvement, property or work of improvement. The term includes, without limitation, every artisan, builder, contractor, laborer, lessor or renter of equipment, materialman, miner, subcontractor or other person who provides work, material or equipment, and any person who performs services as an architect, engineer, land surveyor or geologist, in relation to the improvement, property or work of improvement.
Sec. 13. Material means appliances, equipment, machinery and substances affixed, used, consumed or incorporated in the improvement of property or the construction, alteration or repair of any improvement, property or work of improvement.
Sec. 14. 1. Owner includes:
κ2003 Statutes of Nevada, Page 2589 (CHAPTER 427, SB 206)κ
(a) The record owner or owners of the property or an improvement to the property as evidenced by a conveyance or other instrument which transfers that interest to him and is recorded in the office of the county recorder in which the improvement or the property is located;
(b) The reputed owner or owners of the property or an improvement to the property;
(c) The owner or owners of the property or an improvement to the property, as shown on the records of the county assessor for the county where the property or improvement is located;
(d) The person or persons whose name appears as owner of the property or an improvement to the property on the building permit; or
(e) A person who claims an interest in or possesses less than a fee simple estate in the property.
2. The term does not include:
(a) A mortgagee;
(b) A trustee or beneficiary of a deed of trust; or
(c) The owner or holder of a lien encumbering the property or an improvement to the property.
Sec. 15. Notice of lien means a notice recorded pursuant to NRS 108.226 to perfect a lien.
Sec. 16. Prevailing lien claimant means a lien claimant to whom an amount is found due by a trier of fact on a notice of lien or a claim against a surety bond.
Sec. 17. Prime contract means a contract between a prime contractor and the owner of property about which the contract relates.
Sec. 18. Prime contractor means:
1. A person who contracts with an owner of property to provide work, materials or equipment to be used for the improvement of the property or in the construction, alteration or repair of a work of improvement; or
2. A person who is an owner of the property, is licensed as a general contractor and provides work, materials or equipment to be used for the improvement of the property or in the construction, alteration or repair of a work of improvement.
Sec. 19. Principal, as pertaining to a surety bond, means the debtor of the lien claimant or a party in interest in the property subject to the lien whose name and signature appear as principal on a surety bond.
Sec. 20. Property means the land, real property or mining claim of an owner for which a work of improvement was provided, including all buildings, improvements and fixtures thereon, and a convenient space on, around and about the same, or so much as may be required for the convenient use and occupation thereof.
Sec. 21. Surety means a corporation authorized to transact surety business in this state pursuant to NRS 679A.030 that:
1. Is included in the United States Department of the Treasurys Listing of Approved Sureties; and
2. Issues a surety bond pursuant to NRS 108.2413 to 108.2425, inclusive, that does not exceed the underwriting limitations established for that surety by the United States Department of the Treasury.
Sec. 22. Surety bond means a bond issued by a surety for the release of a lien pursuant to NRS 108.2413 to 108.2425, inclusive.
Sec. 23. Work means the planning, design, geotechnical and environmental investigations, surveying, labor and services provided by a lien claimant for the construction, alteration or repair of any improvement, property or work of improvement whether the work is completed or partially completed.
κ2003 Statutes of Nevada, Page 2590 (CHAPTER 427, SB 206)κ
lien claimant for the construction, alteration or repair of any improvement, property or work of improvement whether the work is completed or partially completed.
Sec. 24. Work of improvement means the entire structure or scheme of improvement as a whole, including, without limitation, all work, materials and equipment to be used in or for the construction, alteration or repair of the property or any improvement thereon, whether under multiple prime contracts or a single prime contract except as follows:
1. If a scheme of improvement consists of the construction of two or more separate buildings and each building is constructed upon a separate legal parcel of land and pursuant to a separate prime contract for only that building, then each building shall be deemed a separate work of improvement; and
2. If the improvement of the site is provided for in a prime contract that is separate from all prime contracts for the construction of one or more buildings on the property, and if the improvement of the site was contemplated by the contracts to be a separate work of improvement to be completed before the commencement of construction of the buildings, the improvement of the site shall be deemed a separate work of improvement from the construction of the buildings and the commencement of construction of the improvement of the site does not constitute the commencement of construction of the buildings. As used in this subsection, improvement of the site means the development or enhancement of the property, preparatory to the commencement of construction of a building, and includes:
(a) The demolition or removal of improvements, trees or other vegetation;
(b) The drilling of test holes;
(c) Grading, grubbing, filling or excavating;
(d) Constructing or installing sewers or other public utilities; or
(e) Constructing a vault, cellar or room under sidewalks or making improvements to the sidewalks in front of or adjoining the property.
Sec. 25. 1. Except as otherwise provided in NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act, a person may not waive or modify a right, obligation or liability set forth in the provisions of NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act.
2. A condition, stipulation or provision in a contract or other agreement for the improvement of property or for the construction, alteration or repair of a work of improvement in this state that attempts to do any of the following is void:
(a) Require a lien claimant to waive rights provided by law to lien claimants or to limit the rights provided to lien claimants, other than as expressly provided in NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act;
(b) Relieve a person of an obligation or liability imposed by the provisions of NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act;
(c) Make the contract or other agreement subject to the laws of a state other than this state;
κ2003 Statutes of Nevada, Page 2591 (CHAPTER 427, SB 206)κ
(d) Require any litigation, arbitration or other process for dispute resolution on disputes arising out of the contract or other agreement to occur in a state other than this state; or
(e) Require a contractor or subcontractor to waive a claim the contractor or subcontractor may otherwise possess for delay damages or an extension of time for delays incurred, for any delay which was unreasonable under the circumstances, not within the contemplation of the parties at the time the contract was entered into, and for which the contractor or subcontractor is not responsible.
Sec. 26. 1. Any term of a contract that attempts to waive or impair the lien rights of a contractor, subcontractor or supplier is void. An owner, contractor or subcontractor by any term of a contract, or otherwise, may not obtain the waiver of, or impair the lien rights of, a contractor, subcontractor or supplier, except as provided in this section. Any written consent given by a lien claimant that waives or limits his lien rights is unenforceable unless the lien claimant:
(a) Executes and delivers a waiver and release that is signed by the lien claimant or his authorized agent in the form set forth in this section; and
(b) In the case of a conditional waiver and release, receives payment of the amount identified in the conditional waiver and release.
2. An oral or written statement purporting to waive, release or otherwise adversely affect the rights of a lien claimant is not enforceable and does not create any estoppel or impairment of a lien unless:
(a) There is a written waiver and release in the form set forth in this section;
(b) The lien claimant received payment for the lien claim and then only to the extent of the payment; or
(c) Payment has been made to the lien claimant and another joint payee by way of a two-party joint check which, upon endorsement by the lien claimant and the joint check clearing the bank upon which it is drawn, shall be deemed to be payment to the lien claimant of:
(1) The amount of the joint check;
(2) The amount the owner intended to pay the lien claimant out of the joint check; or
(3) The balance owed to the lien claimant for the work and materials covered by the joint check, whichever is less.
3. This section does not affect the enforceability of either an accord and satisfaction regarding a bona fide dispute or any agreement made in settlement of an action pending in any court or arbitration, provided the accord and satisfaction or settlement make specific reference to the lien rights waived or impaired and is in a writing signed by the lien claimant.
4. The waiver and release given by any lien claimant is unenforceable unless it is in the following forms in the following circumstances:
(a) Where the lien claimant is required to execute a waiver and release in exchange for or to induce the payment of a progress billing and the lien claimant is not in fact paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release must be in the following form:
κ2003 Statutes of Nevada, Page 2592 (CHAPTER 427, SB 206)κ
CONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
Property Name:............................................................................................................
Property Location:......................................................................................................
Undersigneds Customer:...........................................................................................
Invoice/Payment Application Number:..................................................................
Payment Amount:........................................................................................................
Payment Period:...........................................................................................................
Upon receipt by the undersigned of a check in the above referenced Payment Amount payable to the undersigned, and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release and the undersigned shall be deemed to waive any notice of lien, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to payment rights that the undersigned has on the above described Property to the following extent:
This release covers a progress payment for the work, materials or equipment furnished by the undersigned to the Property or to the Undersigneds Customer which are the subject of the Invoice or Payment Application, but only to the extent of the Payment Amount or such portion of the Payment Amount as the undersigned is actually paid, and does not cover any retention withheld, any items, modifications or changes pending approval, disputed items and claims, or items furnished or invoiced after the Payment Period. Before any recipient of this document relies on it, he should verify evidence of payment to the undersigned. The undersigned warrants that he either has already paid or will use the money he receives from this progress payment promptly to pay in full all his laborers, subcontractors, materialmen and suppliers for all work, materials or equipment that are the subject of this waiver and release.
Dated:...................................................
.........................................................
(Company Name)
By:...................................................
Its:...................................................
(b) Where the lien claimant has been paid in full or a part of the amount provided for in the progress billing, the waiver and release of the amount paid must be in the following form:
UNCONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
Property Name:............................................................................................................
Property Location:......................................................................................................
Undersigneds Customer:...........................................................................................
Invoice/Payment Application Number:..................................................................
Payment Amount:........................................................................................................
Payment Period:...........................................................................................................
κ2003 Statutes of Nevada, Page 2593 (CHAPTER 427, SB 206)κ
The undersigned has been paid and has received a progress payment in the above referenced Payment Amount for all work, materials and equipment the undersigned furnished to his Customer for the above described Property and does hereby waive and release any notice of lien, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to payment rights that the undersigned has on the above described Property to the following extent:
This release covers a progress payment for the work, materials and equipment furnished by the undersigned to the Property or to the Undersigneds Customer which are the subject of the Invoice or Payment Application, but only to the extent of the Payment Amount or such portion of the Payment Amount as the undersigned is actually paid, and does not cover any retention withheld, any items, modifications or changes pending approval, disputed items and claims, or items furnished or invoiced after the Payment Period. The undersigned warrants that he either has already paid or will use the money he receives from this progress payment promptly to pay in full all his laborers, subcontractors, materialmen and suppliers for all work, materials or equipment that are the subject of this waiver and release.
Dated:...................................................
.........................................................
(Company Name)
By:...................................................
Its:...................................................
(Each unconditional waiver and release must contain the following language, in type at least as large as the largest type otherwise on the document:)
Notice: This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it to the extent of the Payment Amount or the amount received. If you have not been paid, use a conditional release form.
(c) Where the lien claimant is required to execute a waiver and release in exchange for or to induce payment of a final billing and the lien claimant is not paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release must be in the following form:
CONDITIONAL WAIVER AND RELEASE
UPON FINAL PAYMENT
Property Name:............................................................................................................
Property Location:......................................................................................................
Undersigneds Customer:...........................................................................................
Invoice/Payment Application Number:..................................................................
Payment Amount:........................................................................................................
Payment Period:...........................................................................................................
Amount of Disputed Claims:.....................................................................................
κ2003 Statutes of Nevada, Page 2594 (CHAPTER 427, SB 206)κ
Upon receipt by the undersigned of a check in the above referenced Payment Amount payable to the undersigned, and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release and the undersigned shall be deemed to waive any notice of lien, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to payment rights that the undersigned has on the above described Property to the following extent:
This release covers the final payment to the undersigned for all work, materials or equipment furnished by the undersigned to the Property or to the Undersigneds Customer and does not cover payment for Disputed Claims, if any. Before any recipient of this document relies on it, he should verify evidence of payment to the undersigned. The undersigned warrants that he either has already paid or will use the money he receives from the final payment promptly to pay in full all his laborers, subcontractors, materialmen and suppliers for all work, materials or equipment that are the subject of this waiver and release.
Dated:...................................................
.........................................................
(Company Name)
By:...................................................
Its:...................................................
(d) Where the lien claimant has been paid the final billing, the waiver and release must be in the following form:
UNCONDITIONAL WAIVER AND RELEASE
UPON FINAL PAYMENT
Property Name:............................................................................................................
Property Location:......................................................................................................
Undersigneds Customer:...........................................................................................
Invoice/Payment Application Number:..................................................................
Payment Amount:........................................................................................................
Amount of Disputed Claims:.....................................................................................
The undersigned has been paid in full for all work, materials and equipment furnished to his Customer for the above described Property and does hereby waive and release any notice of lien, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to payment rights that the undersigned has on the above described Property, except for the payment of Disputed Claims, if any, noted above. The undersigned warrants that he either has already paid or will use the money he receives from this final payment promptly to pay in full all his laborers, subcontractors, materialmen and suppliers for all work, materials and equipment that are the subject of this waiver and release.
κ2003 Statutes of Nevada, Page 2595 (CHAPTER 427, SB 206)κ
Dated:...................................................
.........................................................
(Company Name)
By:...................................................
Its:...................................................
(Each unconditional waiver and release must contain the following language, in type at least as large as the largest type otherwise on the document:)
Notice: This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it, even if you have not been paid. If you have not been paid, use a conditional release form.
(e) Notwithstanding any language in any waiver and release form set forth in this section, if the payment given in exchange for any waiver and release of lien is made by check, draft or other such negotiable instrument, and the same fails to clear the bank on which it is drawn for any reason, then the waiver and release shall be deemed null, void and of no legal effect whatsoever and all liens, lien rights, bond rights, contract rights or any other right to recover payment afforded to the lien claimant in law or equity will not be affected by the lien claimants execution of the waiver and release.
Sec. 27. NRS 108.221 is hereby amended to read as follows:
108.221 As used in NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act, unless the context otherwise requires, [work of improvement or improvement means the entire structure or scheme of improvement as a whole.] the words and terms defined in sections 2 to 24, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 28. NRS 108.222 is hereby amended to read as follows:
108.222 1. Except as otherwise provided in subsection 2, a [person who performs labor upon or furnishes material of the value of $500 or more, to be used in the construction, alteration or repair of any building, or other superstructure, railway, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, bridge, fence or any other structure,] lien claimant has a lien upon the [premises and any building, structure and improvement thereon] property and any improvements for which the work, materials and equipment were furnished for:
(a) If the parties [entered into a contract,] agreed upon a specific price or method for determining a specific price for some or all of the work, material and equipment furnished by or through the lien claimant, the unpaid balance of the price agreed upon for [; or
(b) In absence of a contract,] such work, material or equipment, as the case may be, whether performed or furnished at the instance of the owner or his agent; and
(b) If the parties did not agree upon a specific price or method for determining a specific price for some or all of the work, material and equipment furnished by or through the lien claimant, an amount equal to the fair market value of [, the labor performed or material furnished or rented,] such work, material or equipment, as the case may be, [by each respectively,] including a reasonable allowance for overhead and a profit, whether performed or furnished at the instance of the owner [of the building or other improvement,] or at the instance of his agent.
κ2003 Statutes of Nevada, Page 2596 (CHAPTER 427, SB 206)κ
respectively,] including a reasonable allowance for overhead and a profit, whether performed or furnished at the instance of the owner [of the building or other improvement,] or at the instance of his agent.
2. If a [license is required for the work, only a contractor licensed pursuant to chapter 624 of NRS, an employee of such a contractor or a person who furnishes material to be used in the project may have a lien as described in subsection 1.
3. All miners, laborers and others who perform labor to the amount of $500 or more in or upon any mine, or upon any shaft, tunnel, adit or other excavation, designed or used to prospect, drain or work the mine, and all persons who furnish any timber or other material, of the value of $500 or more, to be used in or about a mine, whether performed or furnished at the instance of the owner of the mine or his agent, have, and may each respectively claim and hold, a lien upon that mine for:
(a) If the parties entered into a contract, the unpaid balance of the price agreed upon for; or
(b) In absence of a contract, an amount equal to the fair market value of,
the labor so performed or material furnished, including a reasonable allowance for overhead and a profit.
4. Every contractor, subcontractor, engineer, land surveyor, geologist, architect, builder or other person having charge or control of any mining claim, or any part thereof, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as these terms are used in subsection 1, shall be held to be the agent of the owner, for the purposes of NRS 108.221 to 108.246, inclusive.] contractor or a professional is required to be licensed pursuant the provisions of NRS to perform his work, the contractor or professional will only have a lien pursuant to subsection 1 if he is licensed to perform the work.
Sec. 29. NRS 108.225 is hereby amended to read as follows:
108.225 1. The liens provided for in NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act are preferred to:
(a) Any lien, mortgage or other encumbrance which may have attached to the property after the [time when the building, improvement or structure was commenced, work done, or materials were commenced to be furnished.] commencement of construction of a work of improvement.
(b) Any lien, mortgage or other encumbrance of which the [lienholder] lien claimant had no notice and which was unrecorded against the property at the [time the building, improvement or structure was commenced, work done, or the materials were commenced to be furnished.
For the purposes of this subsection, work done does not include any work commenced before on-site construction has started.
2. Except as otherwise provided in subsection 3, every] commencement of construction of a work of improvement.
2. Every mortgage or encumbrance imposed upon, or conveyance made of, property affected by the liens provided for in NRS 108.221 to 108.246, inclusive, [between the time when the building, improvement, structure or work thereon was commenced, or the materials thereof were commenced to be furnished, and the expiration of the time fixed in NRS 108.221 to 108.246, inclusive, in which liens therefor may be recorded, whatever the terms of payment may be,] and sections 2 to 26, inclusive, of this act after the commencement of construction of a work of improvement are subordinate and subject to the liens [in full authorized] provided for in NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act regardless of the date of recording the notices of liens.
κ2003 Statutes of Nevada, Page 2597 (CHAPTER 427, SB 206)κ
subordinate and subject to the liens [in full authorized] provided for in NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act regardless of the date of recording the notices of liens.
[3. If any improvement at the site is provided for in a contract that is separate from any contract for the construction of a building or other structure, the improvement at the site shall be deemed a separate work of improvement and the commencement thereof does not constitute the commencement of the construction of the building or other structure. As used in this subsection, improvement at the site means:
(a) The demolition or removal of improvements, trees or other vegetation from;
(b) The drilling of test holes in;
(c) Grading, filling or otherwise improving; or
(d) Constructing or installing sewers or other public utilities on,
any lot or tract of land or the street, highway or sidewalk in front of or adjoining any lot or tract of land. The term includes the construction of any vaults, cellars or rooms under the sidewalks or making improvements to the sidewalks in front of or adjoining any tract of land.]
Sec. 30. NRS 108.226 is hereby amended to read as follows:
108.226 1. [Every person claiming the benefit of NRS 108.221 to 108.246, inclusive,] To perfect his lien, a lien claimant must record his notice of lien in the office of the county recorder of the county where the property or some part thereof is located in the form provided in subsection 5:
(a) Within 90 days after the date on which the latest of the following occurs:
(1) The completion of the work of improvement;
[(b) Within 90 days after the]
(2) The last delivery of material or furnishing of equipment by the lien claimant [; or
(c) Within 90 days after the] for the work of improvement; or
(3) The last performance of [labor] work by the lien claimant [,
whichever is later.
2. The time within which to perfect the lien by recording the notice of lien is shortened if a] for the work of improvement; or
(b) Within 40 days after the recording of a valid notice of completion, if the notice of completion is recorded [in a timely] and served in the manner required pursuant to NRS 108.228 . [, in which event the notice of lien must be recorded within 40 days after the recording of the notice of completion.
3. Any one of the following acts or events is equivalent to completion of the work of improvement for all purposes of NRS 108.221 to 108.246, inclusive:
(a) The occupation or use of a building, improvement or structure by the owner, his agent or his representative and accompanied by cessation of labor thereon.
(b) The acceptance by the owner, his agent or his representative of the building, improvement or structure.
(c) The cessation from labor for 30 days upon any building, improvement or structure, or the alteration, addition to or repair thereof.
(d) The recording of the notice of completion provided in NRS 108.228.
κ2003 Statutes of Nevada, Page 2598 (CHAPTER 427, SB 206)κ
4. For the purposes of this section, if a work of improvement consists of the construction of more than one separate building and each building is constructed pursuant to:
(a) A separate contract, each building shall be deemed a separate work of improvement. The time within which to perfect the lien by recording the notice of lien pursuant to subsection 1 commences to run upon the completion of each separate building; or
(b) A single contract, the time within which to perfect the lien by recording the notice of lien pursuant to subsection 1 commences to run upon the completion of all the buildings constructed pursuant to that contract.
As used in this subsection, separate building means one structure of a work of improvement and any garages or other outbuildings appurtenant thereto.
5.] 2. The notice of [mechanics lien must be recorded in the office of the county recorder of the county where the property or some part thereof is situated and] lien must contain:
(a) A statement of [his demand] the lienable amount after deducting all just credits and offsets.
(b) The name of the owner [or reputed owner] if known.
(c) The name of the person by whom he was employed or to whom he furnished the material.
(d) A brief statement of the terms [, time given and conditions] of payment of his contract.
(e) A description of the property to be charged with the notice of lien sufficient for identification.
[6. The claim]
3. The notice of lien must be verified by the oath of the lien claimant or some other person. The [claim] notice of lien need not be acknowledged to be recorded.
[7.] 4. It is unlawful for a person knowingly to make a false statement in or relating to the recording of a notice of lien pursuant to the provisions of this section. A person who violates this subsection is guilty of a gross misdemeanor and shall be punished by a fine of not less than $5,000 nor more than $10,000.
5. A notice of lien must be substantially in the following form:
Assessors Parcel Numbers
NOTICE OF LIEN
The undersigned claims a lien upon the property described in this notice for work, materials or equipment furnished for the improvement of the property:
1. The amount of the original contract is: $....................
2. The total amount of all changes and additions, if any, is: $....................
3. The total amount of all payments received to date is: $....................
4. The amount of the lien, after deducting all just credits and offsets, is: $....................
5. The name of the owner, if known, of the property is: ..................................
6. The name of the person by whom the lien claimant was employed or to whom the lien claimant furnished work, materials or equipment is: 7.
κ2003 Statutes of Nevada, Page 2599 (CHAPTER 427, SB 206)κ
7. A brief statement of the terms of payment of the lien claimants contract is:
.........................................................................................................................................
8. A description of the property to be charged with the lien is: .....................
.........................................................
(Print Name of Lien Claimant)
By:...................................................
(Authorized Signature)
State of Nevada )
) ss.
County of ............................................ )
.............................. (print name), being first duly sworn on oath according to law, deposes and says:
I have read the foregoing Notice of Lien, know the contents thereof and state that the same is true of my own personal knowledge, except those matters stated upon information and belief, and, as to those matters, I believe them to be true.
(Authorized Signature of Lien Claimant)
Subscribed and sworn to before me
this .......... day of the month of ............... of the year ..........
...............................................................................
Notary Public in and for
the County and State
6. If a work of improvement involves the construction, alteration or repair of multifamily or single-family residences, a lien claimant, except laborers, must serve a 15-day notice of intent to lien incorporating substantially the same information required in a notice of lien upon both the owner and the prime contractor before recording a notice of lien. Service of the notice of intent to lien must be by personal delivery or certified mail and will extend the time for recording the notice of lien described in subsection 1 by 15 days. A notice of lien for materials or equipment furnished or for work or services performed, except labor, for a work of improvement involving the construction, alteration or repair of multifamily or single-family residences may not be perfected or enforced pursuant to NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act, unless the 15-day notice of intent to lien has been given.
Sec. 31. NRS 108.227 is hereby amended to read as follows:
108.227 1. In addition to the requirements of NRS 108.226, a copy of the [claim] notice of lien must be served upon the [record] owner of the property within 30 days after recording the notice of lien, in one of the following ways:
(a) By personally delivering a copy of the notice of lien to the [record owner personally;
κ2003 Statutes of Nevada, Page 2600 (CHAPTER 427, SB 206)κ
(b) If he is absent from his place of residence, or from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place and mailing a copy addressed to the record owner at his place of residence or place of business; or
(c) If his] owner or resident agent of the owner;
(b) By mailing a copy of the notice of lien by certified mail return receipt requested to the owner at his place of residence or his usual place of business or to the resident agent of the owner at the address of the resident agent; or
(c) If the place of residence or business of the owner and the address of the resident agent of the owner, if applicable, cannot be [ascertained, or a person of suitable age or discretion cannot be found there,] determined, by:
(1) Fixing a copy of the notice of lien in a conspicuous place on the property;
(2) Delivering a copy of the notice of lien to a person there residing, if such a person can be found; and
(3) Mailing a copy of the notice of lien addressed to the [record] owner at [the] :
(I) The place where the property is [situated.
2. Failure] located;
(II) The address of the owner as identified in the deed;
(III) The address identified in the records of the office of the county assessor; or
(IV) The address identified in the records of the county recorder of the county in which the property is located.
2. If there is more than one owner, failure to serve a copy of the [claim] notice of lien upon a particular [record] owner does not invalidate a [claim based on a valid service] notice of lien if properly served upon another [record] owner.
3. [As used in this section, record owner means any person who holds an interest in real property or any improvement thereon evidenced by a conveyance or other instrument which transfers that interest to him and is recorded in the office of the county recorder of the county in which the real property is located, but does not include:
(a) A mortgagee;
(b) A trustee under, or a beneficiary of, a deed of trust; or
(c) The owner or holder of a lien encumbering real property or any improvement thereon.] Each subcontractor who participates in the construction, improvement, alteration or repair of a work of improvement shall deliver a copy of each notice of lien required by NRS 108.226 to the prime contractor. The failure of a subcontractor to deliver the notice to the prime contractor is a ground for disciplinary proceedings pursuant to chapter 624 of NRS.
Sec. 32. NRS 108.2275 is hereby amended to read as follows:
108.2275 1. The debtor of the lien claimant or a party in interest in the [premises] property subject to the notice of lien who believes the notice of lien is frivolous and was made without reasonable cause, or that the amount of the lien is excessive, may apply by motion to the district court for the county where the property or some part thereof is [situated] located for an order directing the lien claimant to appear before the court to show cause why the relief requested should not be granted.
2. The motion must [set] :
κ2003 Statutes of Nevada, Page 2601 (CHAPTER 427, SB 206)κ
(a) Set forth in detail the legal and factual grounds upon which relief is requested ; and [must be]
(b) Be supported by [the affidavit of] :
(1) A notarized affidavit signed by the applicant [or his attorney] setting forth a concise statement of the facts upon which the motion is based [.] ; and
(2) Documentary evidence in support of the affidavit, if any.
3. If the court issues an order for a hearing, the applicant shall serve notice of the application and order of the court on the lien claimant within 3 days after the court issues the order. The court shall conduct the hearing within not less than [10] 15 days or more than [20] 30 days after the court issues the order [.
2.] for a hearing.
4. The order for a hearing must include a statement that if the lien claimant fails to appear at the time and place noted, the notice of lien will be released with prejudice and the lien claimant will be ordered to pay the reasonable costs [requested by] the applicant [, including reasonable attorneys fees.
3.] incurs in bringing the motion, including reasonable attorneys fees.
5. If, at the time the application is filed, an action to foreclose the notice of lien has not been filed, the clerk of the court shall assign a number to the application and obtain from the applicant a filing fee of $85. If an action has been filed to foreclose the notice of lien before the application was filed pursuant to this section, the application must be made a part of the action to foreclose the notice of lien.
[4.] 6. If, after a hearing on the matter, the court determines that:
(a) The notice of lien is frivolous and was made without reasonable cause, the court [may] shall make an order releasing the lien and awarding costs and reasonable attorneys fees to the applicant [.] for bringing the motion.
(b) The amount of the notice of lien is excessive, the court may make an order reducing the notice of lien to an amount deemed appropriate by the court and awarding costs and reasonable attorneys fees to the applicant [.] for bringing the motion.
(c) The notice of lien is not frivolous and was made with reasonable cause [and] or that the amount of the notice of lien is not excessive, the court [may] shall make an order awarding costs and reasonable attorneys fees to the lien claimant [.
5.] for defending the motion.
7. Proceedings conducted pursuant to this section do not affect any other rights and remedies otherwise available to the parties.
[6.] 8. An appeal may be taken [by either party] from an order made pursuant to subsection [4.] 6.
[7.] 9. If an order releasing or reducing a notice of lien is entered by the court, and the order is not stayed, the [lien claimant shall, within 2] applicant may, within 5 days after the order is entered, record a certified copy of the order in the office of the county recorder of the county where the property or some part thereof is [situated.] located. The recording of a certified copy of the order releasing or reducing a notice of lien is notice to any interested party that the notice of lien has been released or reduced.
Sec. 33. NRS 108.228 is hereby amended to read as follows:
108.228 1. The owner may record a notice of completion after [:
κ2003 Statutes of Nevada, Page 2602 (CHAPTER 427, SB 206)κ
(a) The] the completion of [any] the work of improvement . [; or
(b) There has been a cessation from labor thereon for a period of 30 days.]
2. The notice of completion must be recorded in the office of the county recorder of the county where the property is [situated] located and must set forth:
(a) The date [when the work of improvement was completed, or the date on which cessation from labor occurred first and the period of its duration.] of completion of the work of improvement.
(b) The owners name or owners names, as the case may be, the address of the owner or addresses of the owners, as the case may be, and the nature of the title, if any, of the person signing the notice.
(c) A description of the property sufficient for identification.
(d) The name of the prime contractor [,] or names of the prime contractors, if any.
3. The notice must be verified by the owner or by some other person on his behalf. The notice need not be acknowledged to be recorded.
4. Upon recording the notice pursuant to this section, the owner shall, within 10 days after the notice is recorded, deliver a copy of the notice by certified mail, to:
(a) [Any general] Each prime contractor with whom the owner contracted for all or part of the work of improvement.
(b) [Any person] Each potential lien claimant who, before the notice was recorded pursuant to this section, either submitted a request to the owner to receive the notice [.] or delivered a preliminary notice of right to lien pursuant to NRS 108.245.
5. The failure of the owner to deliver a copy of the notice of completion in the time and manner provided in this section renders the notice of completion ineffective with respect to each prime contractor and lien claimant to whom a copy was required to be delivered pursuant to subsection 4.
Sec. 34. NRS 108.229 is hereby amended to read as follows:
108.229 1. At any time before or during the trial of any action to foreclose a lien, a lien claimant may record an amended notice of lien to correct or clarify his notice of lien. The lien claimant shall serve the owner of the property with an amended notice of lien in the same manner as required for serving a notice of lien pursuant to NRS 108.227 and within 30 days after recording the amended notice of lien. A variance between a notice of lien and an amended notice of lien does not defeat the lien and shall not be deemed material unless the variance:
(a) Results from fraud or is made intentionally; or
(b) Misleads an adverse party to his prejudice, but then only with respect to the adverse party who was prejudiced.
2. Upon the trial of any action or suit to foreclose [such lien no] a lien, a variance between the lien and the proof [shall] does not defeat the lien [or] and shall not be deemed material unless the [same results] variance:
(a) Results from fraud or is made intentionally [, or has misled] ; or
(b) Misleads the adverse party to his prejudice, but [in] then only with respect to the adverse party who was prejudiced.
In all cases of immaterial variance the [claim] notice of lien may be amended, by amendment duly recorded, to conform to the proof.
[2. No]
κ2003 Statutes of Nevada, Page 2603 (CHAPTER 427, SB 206)κ
3. An error or mistake in the name of the owner [or reputed owner] contained in any [claim] notice of lien [shall be held to] does not defeat the lien, unless a correction of the notice of lien in [this] a particular instance would prejudice the rights of an innocent bona fide purchaser or encumbrancer for value [.
3.] , but then only with respect to the bona fide purchaser or encumbrancer for value who was prejudiced.
4. Upon the trial, [however,] if it [shall appear] appears that an error or mistake has been made in the name of the owner [or reputed owner,] or that the wrong person has been named as owner [or reputed owner] in any [such claim] notice of lien, the court shall order an amended [claim] notice of lien to be recorded with the county recorder where the original [claim] notice of lien was recorded [,] and shall issue to the person who is so made to appear to be the original [or reputed] owner a notice directing [such] the person or persons to be and appear before the court within the same time as is provided by Nevada Rules of Civil Procedure for the appearance in other actions after the service of summons, which notice [shall] must be served in all respects as a summons is required to be served, and to show cause why:
(a) He should not be substituted [,] as the correct owner in the [claim] notice of lien and in the suit, in lieu of the person so made defendant and alleged to be owner [or reputed owner] by mistake.
(b) He should not be bound by the judgment or decree of the court. Such proceedings [shall] must be had therein as though the party so cited to appear had been an original party defendant in the action or suit, and originally named in the [claim] notice of lien as owner , [or reputed owner,] and the rights of all parties [shall] must thereupon be fully adjudicated.
[4.] 5. A notice of lien which contains therein the description of the [real] property supplied by and set forth in the notice of completion recorded pursuant to NRS 108.228 [shall,] must, for all purposes, be sufficient as a description of the actual [real] property upon which the work [or labor] was performed or materials or equipment were supplied , [;] and amendment of the notice of lien [claim] or amendment of the pleading filed by the lien claimant in a foreclosure action, or both, may be made to state the correct description, and [such] the corrected description [shall relate] relates back to the time of recording [such] the notice of lien , [claim,] unless a correction of the notice of lien in [this] a particular instance would prejudice the rights of an innocent bona fide purchaser or encumbrancer for value [.] , but then only with respect to the bona fide purchaser or encumbrancer for value who was prejudiced.
Sec. 35. NRS 108.231 is hereby amended to read as follows:
108.231 1. In every case in which [one claim] a notice of lien is recorded against two or more separate buildings [,] or mining claims [or other improvements owned by the same person, the person recording such claim must at the same time designate] that are owned by the same person and that are located on separate legal parcels that existed at the commencement of construction, the lien claimant must, at the time of recording the notice of lien, designate the lienable amount due to him on each [of such buildings, mining claims or other improvements; otherwise the lien of such claim is postponed to other liens.] building or mining claim.
2. The lien of [such claimant does not extend beyond] a lien claimant only applies to the lienable amount designated [,] in the notice of lien, plus all amounts that may be awarded by the court pursuant to NRS 108.237, as against other creditors having liens by judgment or otherwise, upon [either of such buildings or other improvements, or upon the land upon which the same are constructed.]
κ2003 Statutes of Nevada, Page 2604 (CHAPTER 427, SB 206)κ
against other creditors having liens by judgment or otherwise, upon [either of such buildings or other improvements, or upon the land upon which the same are constructed.] the buildings or mining claims. However, the lienable amount chargeable to the interest of the owner in each building must be the total amount of the lien claimants notice of lien, without regard to the proportionate amount designated to each separate building in the lien claimants notice of lien, plus all amounts that may be awarded by the court pursuant to NRS 108.237, but upon the trial thereof, the court may, where it deems it equitable to do so, distribute the lien equitably as among the several buildings involved.
3. If a lien claimant fails to designate in his notice of lien the amount due to him on each separate building as provided in subsection 1, the lien claimants notice of lien must be postponed to the notices of lien of other lien claimants and other encumbrancers for value who have designated the amount due on each building or mining claim but must not be inferior to any rights or interests of the owner. For purposes of this subsection, a lien claimants lien must not be postponed to other liens or encumbrances if the lien claimants designation among the parcels was estimated by the lien claimant in good faith or was based upon a pro rata division of the total lienable amount.
Sec. 36. NRS 108.232 is hereby amended to read as follows:
108.232 The county recorder of the county in which property that is subject to a lien is located must record the [claim] notice of lien in a book kept by him for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds and other instruments.
Sec. 37. NRS 108.233 is hereby amended to read as follows:
108.233 1. [No] A lien provided for in NRS 108.221 to 108.246, inclusive, [binds any building, mining claim, improvement or structure] and sections 2 to 26, inclusive, of this act must not bind the property subject to the lien for a [longer] period longer than 6 months after [such lien has been] the date on which the notice of lien was recorded, unless:
(a) Proceedings are commenced in a proper court within that time to enforce the same; or
(b) The time to commence the action is extended by a written instrument signed by the [lienor] lien claimant and by a person or persons in interest in the property subject to the lien, in which event, and as to only that person or those persons in interest signing the agreement, the time is extended , [;] but no extension [shall be] is valid unless in writing and recorded in the county recorders office in which the notice of lien is recorded and unless the extension agreement is recorded within [such] the 6-month period . [; and such] The extension agreement, to be recorded, must be acknowledged as required by law for the acknowledgment of deeds. An action may be commenced within [such] the extended time only [as to] against the persons signing the extension agreement and only as to their interests in the property are affected, and upon the lapse of the time specified in the extension agreement, an action may not thereafter be commenced, nor may a second extension be given.
2. For all purposes, a [mechanics lien of record] notice of lien shall be deemed to have expired as a lien against the property after the lapse of the 6-month period provided in subsection 1, and [such recording shall] the recording of a notice of lien does not provide actual or constructive notice after the lapse of [such] the 6-month period and as a lien on the [real] property referred to in the [recorded] notice of lien, unless, [prior to] before the lapse of [such] the 6-month period [the] an extension agreement has been recorded, in which event, the lien [shall] will only continue as a lien on the interests of those persons signing the extension for the period specified in the extension .
κ2003 Statutes of Nevada, Page 2605 (CHAPTER 427, SB 206)κ
recording of a notice of lien does not provide actual or constructive notice after the lapse of [such] the 6-month period and as a lien on the [real] property referred to in the [recorded] notice of lien, unless, [prior to] before the lapse of [such] the 6-month period [the] an extension agreement has been recorded, in which event, the lien [shall] will only continue as a lien on the interests of those persons signing the extension for the period specified in the extension . [and for no longer period.] An extension must not be given for a period in excess of 1 year beyond the date on which the notice of lien is recorded.
3. If there are other [claims] notices of lien outstanding against the property, [no extension shall] an extension must not be given upon [the] a notice of lien which will tend to delay or postpone the collection of other [claims] liens evidenced by a notice of lien or encumbrances against the property . [; and no extension shall be given for a period in excess of 1 year beyond the recording of the lien.]
Sec. 38. NRS 108.234 is hereby amended to read as follows:
108.234 [Every building or other improvement mentioned in NRS 108.222,]
1. Except as otherwise provided in subsection 2, every improvement constructed , altered or repaired upon [any lands with the knowledge of the owner or the person having or claiming any interest therein,] property shall be [held] deemed to have been constructed , altered or repaired at the instance of [the owner or person] each owner having or claiming any interest therein, and the interest owned or claimed [is] must be subject to [any] each notice of lien recorded in accordance with the provisions of NRS 108.221 to 108.246, inclusive, [unless the owner or person having or claiming an interest therein shall,] and sections 2 to 26, inclusive, of this act.
2. The interest of a disinterested owner in any improvement and the property upon which an improvement is constructed, altered or repaired is not subject to a notice of lien if the disinterested owner, within 3 days after he [has obtained] first obtains knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, [give] gives notice that he will not be responsible for the improvement by recording a notice in writing to that effect with the county recorder of the county where the [land or building is situated] property is located and, in the instance of [:
1.] a disinterested owner who is:
(a) A lessor, the notice of [lien] nonresponsibility shall be deemed timely recorded if the notice is recorded within 3 days immediately following the [execution] effective date of the lease [by all parties as to that construction, alteration or repair, or intended construction, alteration or repair, known to the lessor at] or by the time of the execution of the lease by all parties [.
2.] , whichever occurs first; or
(b) An optionor, the notice of [lien] nonresponsibility shall be deemed timely recorded if the notice is recorded within 3 days immediately following the [execution of the agreement permitting entry upon the real property by all parties as to that construction, alteration, repair, or intended construction, alteration, repair or other work known to the optionor at the time of the execution of the agreement by all parties.] date on which the option is exercised in writing.
3. Each notice of nonresponsibility recorded pursuant to this section must identify:
(a) The name and address of the disinterested owner;
κ2003 Statutes of Nevada, Page 2606 (CHAPTER 427, SB 206)κ
(b) The location of the improvement and the property upon which the improvement is or will be constructed, altered or repaired;
(c) The nature and extent of the disinterested owners interest in the improvement and the property upon which the improvement is or will be constructed, altered or repaired; and
(d) The date on which the disinterested owner first learned of the construction, alteration or repair of the improvement that is the subject of the notice of nonresponsibility.
4. Any lessee who causes a work of improvement to be constructed, altered or repaired upon property that is leased shall provide a payment and completion bond from a surety licensed to do business in this state in an amount equal to not less than 1.5 times the total amount of the construction contract. The surety bond must be recorded in accordance with NRS 108.2415 to 108.2425, inclusive, before commencement of the construction, alteration or repair of the work of improvement and must be payable upon default by the lessee of any undisputed amount pursuant to the construction contract that is due and payable to the prime contractor for more than 30 days. If a lessee fails to record a surety bond as required pursuant to this section, the prime contractor may invalidate the construction contract and may recover damages including, without limitation, consequential damages, reasonable attorneys fees and costs.
5. As used in this section, disinterested owner means an owner who did not personally or through his agent or representative, directly or indirectly, request, require, authorize, consent to or cause a work of improvement, or any portion thereof, to be constructed, altered or repaired upon the property of the owner. The term must not be interpreted to invalidate a notice of nonresponsibility recorded pursuant to this section or to deny the rights granted pursuant to this section upon the recording of a notice of nonresponsibility because:
(a) The disinterested owner is a lessor or an optionor under a lease that requests, requires, authorizes or consents to his lessee causing the work of improvement to be constructed, altered or repaired upon the property;
(b) The lessee personally or through his agent or representative enters into a contract and causes the work of improvement to be constructed, altered or repaired upon the property; and
(c) The lessor or optionor notifies the lessee in writing that pursuant to subsection 4, the lessee must record a surety bond before causing a work of improvement to be constructed, altered or repaired upon the property.
Sec. 39. NRS 108.235 is hereby amended to read as follows:
108.235 1. [The contractor shall be entitled to recover, upon a lien recorded by him, only such] A prime contractor:
(a) Upon a notice of lien, may recover the lienable amount as may be due to him [according to the terms of his contract, after deducting all claims of other parties] , plus all amounts that may be awarded to him by the court pursuant to NRS 108.237; and
(b) Upon receipt of the amount described in paragraph (a), shall pay all liens for the work [done and material furnished,] , equipment or materials which were furnished to him as provided in NRS 108.221 to 108.246, inclusive [.] , and sections 2 to 26, inclusive, of this act.
2. In all cases where a prime contractor has been paid for the work, materials or equipment which are the subject of a notice of lien [is] recorded under NRS 108.221 to 108.246, inclusive, [for work done or materials furnished to any contractor, he] and sections 2 to 26, inclusive, of this act, the prime contractor shall defend the owner in any action brought thereupon at his own expense.
κ2003 Statutes of Nevada, Page 2607 (CHAPTER 427, SB 206)κ
recorded under NRS 108.221 to 108.246, inclusive, [for work done or materials furnished to any contractor, he] and sections 2 to 26, inclusive, of this act, the prime contractor shall defend the owner in any action brought thereupon at his own expense. [During the pendency of the action,]
3. Except as otherwise provided in this subsection, if a lien claimant records a notice of lien for the work, equipment or materials furnished to the prime contractor, the owner may withhold from the prime contractor the amount of money for which [such] the lien claimants notice of lien is [filed.] recorded. If the lien claimants notice of lien resulted from the owners failure to pay the prime contractor for the lien claimants work, materials or equipment, the owner shall not withhold the amount set forth in the notice of lien from the prime contractor if the prime contractor tenders a release of the lien claimants lien to the owner. In case of judgment against the owner or his property [upon] which is the subject of the lien, the owner [shall be entitled to] may deduct, from any amount due or to become due by him to the prime contractor, the amount [of the judgment and costs. If the amount of the judgment and costs exceeds the amount due by him to the contractor, or if the owner has settled with the contractor, the owner shall be entitled to] paid by the owner to the lien claimant for which the prime contractor was liable and recover back from the prime contractor any amount so paid by the owner in excess of the [contract price, and for which the contractor was originally the party liable.] amount the court has found that the owner owes to the prime contractor.
Sec. 40. NRS 108.236 is hereby amended to read as follows:
108.236 1. In every case in which different liens are asserted against any property, the court, in the judgment, must declare the rank of each lien [,] claimant or class of [liens, which must be] lien claimants in the following order:
(a) First: All labor whether performed at the instance or direction of the owner, the subcontractor or the [original] prime contractor.
(b) Second: Material suppliers [.
Third: The subcontractors, architects, land surveyors, geologists and engineers, if such architects, land surveyors, geologists and engineers] and lessors of equipment.
(c) Third: All other lien claimants who have performed their [services,] work, in whole or in part, under contract with the [general contractor.
Fourth: The original contractors, architects, land surveyors, geologists and engineers, if such architects, land surveyors, geologists and engineers have not performed their services, in whole or in part, under contract with the general contractor, and all persons other than original contractors, subcontractors, architects, land surveyors, geologists and engineers.] prime contractor or any subcontractor.
(d) Fourth: All other lien claimants.
2. The proceeds of the sale of the property must be applied to each lien [,] claimant or class of [liens,] lien claimants in the order of its rank.
Sec. 41. NRS 108.237 is hereby amended to read as follows:
108.237 1. [Any number of persons claiming liens may join in the same action. When separate actions are commenced the court may consolidate them.] The court shall award to a prevailing lien claimant, whether on its lien or on a surety bond, the lienable amount found due to the lien claimant by the court and the cost of preparing and filing the lien claim, including, without limitation, attorneys fees, if any, and interest.
κ2003 Statutes of Nevada, Page 2608 (CHAPTER 427, SB 206)κ
The court shall also award to the prevailing lien claimant, whether on its lien or on a surety bond, the costs of the proceedings, including, without limitation, reasonable attorneys fees, the costs for representation of the lien claimant in the proceedings, and any other amounts as the court may find to be justly due and owing to the lien claimant.
2. The court [may also allow] shall calculate interest for purposes of subsection 1 based upon:
(a) The rate of interest agreed upon in the lien claimants contract; or
(b) If a rate of interest is not provided in the lien claimants contract, interest at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent, on the amount of the lien found payable. [The interest is payable from the date that the payment is found to have been due, and the court may allow, as part of the costs, the money paid for recording the lien.] The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the amount of the lien is paid.
[3. The court shall also allow to the prevailing party reasonable attorneys fees for the preparation of the lien and for representation of the lien claimant in the action.]
Interest is payable from the date on which the payment is found to have been due, as determined by the court.
3. If the lien claim is not upheld, the court may award costs and reasonable attorneys fees to the owner or other person defending against the lien claim if the court finds that the notice of lien was pursued by the lien claimant without a reasonable basis in law or fact.
Sec. 42. NRS 108.238 is hereby amended to read as follows:
108.238 [Nothing contained in] The provisions of NRS 108.221 to 108.246, inclusive, [shall] and sections 2 to 26, inclusive, of this act must not be construed to impair or affect the right of [any person] a lien claimant to whom any debt may be due for work [done or material] , materials or equipment furnished to maintain a [personal] civil action to recover [such] that debt against the person liable therefor [.] or to submit any controversy arising under a contract to arbitration to recover that amount.
Sec. 43. NRS 108.239 is hereby amended to read as follows:
108.239 1. [Liens] A notice of lien may be enforced by an action in any court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the [premises] property to be charged with the lien.
2. At the time of filing the complaint and issuing the summons, the [plaintiff] lien claimant shall:
(a) File a notice of pendency of the action in the manner provided in NRS 14.010; and
(b) Cause a notice of foreclosure to be published at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons holding or claiming [liens] a notice of lien pursuant to the provisions of NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act on the [premises] property to file with the clerk and serve on the [plaintiff] lien claimant and also on the defendant, if the defendant is within the State or is represented by counsel, written statements of the facts constituting their liens, together with the dates and amounts thereof.
κ2003 Statutes of Nevada, Page 2609 (CHAPTER 427, SB 206)κ
statements of the facts constituting their liens, together with the dates and amounts thereof. [The statements must be filed]
3. All persons holding or claiming a notice of lien may join a lien claimants action by filing a statement of facts within 10 days after the last publication of the notice [. The plaintiff] of foreclosure. Any number of persons claiming liens may join in the same action if they timely file a statement of facts in the lien claimants action. The lien claimant and other parties adversely interested must be allowed [5] 20 days to answer the statements.
[3.] 4. If it appears from the records of the county recorder that there are other notices of lien [claims] recorded against the same [premises] property at the time of the commencement of the action, the [plaintiff] lien claimant shall, in addition to and after the initial publication of the notice of foreclosure as provided in paragraph (b) of subsection 2, mail to those other lien claimants, by registered or certified mail, or deliver in person a copy of the notice of foreclosure as published.
[4.] 5. At the time of any change in the venue of the action, the [plaintiff] lien claimant shall file a notice of pendency of the action, in the manner provided in NRS 14.010, and include in the notice the court and county to which the action is changed.
[5.] 6. When separate actions are commenced by lien claimants to foreclose on their respective notices of lien, the court may consolidate all the actions. The consolidation does not affect or change the priority of lien claims.
7. The court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the claims in a summary way, or may, if it be the district court, refer the claims to a special master to ascertain and report upon the liens and the amount justly due thereon. No consequential damages may be recovered in an action pursuant to this section. All liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited.
[6.] 8. Upon petition by a lien claimant for a preferential trial setting:
(a) The court shall give preference in setting a date for the trial of an action brought pursuant to this section; and
(b) If a lien action is designated as complex by the court, the court may take into account the rights and claims of all lien claimants in setting a date for the preferential trial.
9. If the lienable amount of a lien claimants lien is the subject of binding arbitration:
(a) The court may, at the request of a party to the arbitration, stay the lien claimants action to foreclose the lien pending the outcome of the binding arbitration. If the foreclosure on the lien involves the rights of other lien claimants or persons whose claims are not the subject of the binding arbitration, the court may stay the lien claimants foreclosure proceeding only upon terms which are just and which afford the lien claimant a fair opportunity to protect his lien rights and priorities with respect to other lien claimants and persons.
(b) Upon the granting of an award by the arbitrator, any party to the arbitration may seek an order from the court in the action to foreclose on the lien confirming or adopting the award and determining the lienable amount of the lien claimants lien in accordance with the order, if any. Upon determining the lienable amount, the court shall enter a judgment or decree for the lienable amount, plus all amounts that may be awarded by the court to the lien claimant pursuant to NRS 108.237, and the court may include as part of the lien all costs and attorneys fees awarded to the lien claimant by the arbitrator and all costs and attorneys fees incurred by the lien claimant pertaining to any application or motion to confirm, adopt, modify or correct the award of the arbitrator.
κ2003 Statutes of Nevada, Page 2610 (CHAPTER 427, SB 206)κ
decree for the lienable amount, plus all amounts that may be awarded by the court to the lien claimant pursuant to NRS 108.237, and the court may include as part of the lien all costs and attorneys fees awarded to the lien claimant by the arbitrator and all costs and attorneys fees incurred by the lien claimant pertaining to any application or motion to confirm, adopt, modify or correct the award of the arbitrator. A judgment or decree entered by the court pursuant to this subsection may be enforced against the property as provided in subsections 10, 11 and 12.
10. On ascertaining the whole amount of the liens with which the [premises are] property is justly chargeable, as provided in NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act, the court shall cause the [premises] property to be sold in satisfaction of [the] all liens and the costs [, including costs of suit,] of sale, including all amounts awarded to all lien claimants pursuant to NRS 108.237, and any party in whose favor judgment may be rendered may cause the [premises] property to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.
[7.] 11. If the proceeds of sale, after [the] payment of the costs [,] of sale, are not sufficient to satisfy [the whole amount of the] all liens to be included in the decree of sale, including all amounts awarded to all lien claimants pursuant to NRS 108.237, the proceeds must be apportioned according to the right of the [several parties.] various lien claimants. If the proceeds of the sale amount to more than the sum of [the] all liens and the cost of sale, the remainder must be paid over to the owner of the property.
[8.] 12. Each party whose claim is not satisfied in the manner provided in this section is entitled to personal judgment for the residue against the party legally liable for it if that person has been personally summoned or has appeared in the action.
Sec. 44. NRS 108.2413 is hereby amended to read as follows:
108.2413 A [mechanics lien of record upon real property] lien claimants lien rights or notice of lien may be released upon the posting of a surety bond in the manner provided in NRS 108.2415 to 108.2425, inclusive.
Sec. 45. NRS 108.2415 is hereby amended to read as follows:
108.2415 [The debtor of the lien claimant or a party in interest in the premises subject to the lien must obtain a surety bond executed by the debtor of the lien claimant or a party in interest in the premises subject to the lien, as principal, and executed by a corporation authorized to transact surety business in this state, as surety, in substantially]
1. To obtain the release of a notice of lien, a principal and a surety must execute a surety bond which must be in the following form:
(Assessors Parcel Numbers)
(Title of court and cause, if action has been commenced)
WHEREAS, ................................ (name of [owner, contractor, or other person disputing lien)] principal), located at ........................................................ (address of principal), desires to give a bond for releasing the following described [real] property owned by ......................................... (name of owners) from that certain [claim of mechanics] notice of lien in the sum of $................ recorded ..... (month) ..... (day) .....
κ2003 Statutes of Nevada, Page 2611 (CHAPTER 427, SB 206)κ
(day) ..... (year) in the office of the recorder in ................................ (name of county where the [real] property is [situated):] located):
(Legal Description)
NOW, THEREFORE, the undersigned principal and surety do hereby obligate themselves to the lien claimant named in the [mechanics] notice of lien, ................................, (name of lien claimant) under the conditions prescribed by NRS 108.2413 to 108.2425, inclusive, in the sum of $................ (1 1/2 x [claim),] lienable amount), from which sum they will pay the lien claimant [such] that amount as a court of competent jurisdiction may adjudge to have been secured by his lien, [with interest, costs and attorneys fees.] including the total amount awarded pursuant to NRS 108.237.
IN TESTIMONY WHEREOF, the principal and surety have executed this bond at ................................, Nevada, on the ....... day of the month of ....... of the year .......
...... .....................
(Signature of Principal)
(Surety Corporation)
By........ ....................
(Its Attorney in Fact)
State of Nevada................................. }
}ss.
County of............................................ }
On ..... (month) ..... (day) ..... (year) before me, the undersigned, a notary public of this county and state, personally appeared ................................. who acknowledged that he executed the foregoing instrument as principal for the purposes therein mentioned and also personally appeared ................................ known (or satisfactorily proved) to me to be the attorney in fact of the [corporation] surety that executed the foregoing instrument, known to me to be the person who executed that instrument on behalf of the [corporation] surety therein named, and he acknowledged to me that [that corporation] the surety executed the foregoing instrument.
..................................................
(Notary Public in and for
the County and State)
2. The principal must record the surety bond in the office of the county recorder in which the notice of lien was recorded, either before or after the commencement of an action to enforce the lien. A certified copy of the recorded surety bond shall be deemed an original for purposes of this section.
3. Upon the recording of the surety bond, the principal must serve a file-stamped copy of the recorded surety bond in the following manner:
(a) If an action is pending to enforce the notice of lien, service must be made by certified or registered mail, return receipt requested, upon the lien claimant at the address set forth in the lien and the lien claimants counsel of record at his place of business; or
κ2003 Statutes of Nevada, Page 2612 (CHAPTER 427, SB 206)κ
claimant at the address set forth in the lien and the lien claimants counsel of record at his place of business; or
(b) If no action is pending to enforce the notice of lien, personal service must be made upon the lien claimant pursuant to Rule 4 of the Nevada Rules of Civil Procedure.
4. Failure to serve the surety bond as provided in subsection 3 does not affect the validity of the surety bond, but the statute of limitations on any action on the surety bond, including a motion excepting to the sufficiency of the surety pursuant to NRS 108.2425, is tolled until notice is given.
5. Subject to the provisions of NRS 108.2425, the recording and service of the surety bond pursuant to this section releases the property described in the surety bond from the lien and the surety bond shall be deemed to replace the property as security for the lien.
Sec. 46. NRS 108.2421 is hereby amended to read as follows:
108.2421 1. The lien claimant is entitled to [bring] :
(a) Bring an action against [the lien claimants debtor and to join therein] ; or
(b) If an action has been commenced, join in the pending action against,
the principal and surety on the surety bond [. A judgment for the claimant on the bond may not be made against the property. The rights of the lien claimant include and the court may award to him in that action:
(a) The amount found due to the lien claimant by the court;
(b) The cost of preparing and filing the lien claim, including attorneys fees, if any;
(c) The costs of the proceedings;
(d) Attorneys fees for representation of the lien claimant in the proceedings; and
(e) Interest at a rate established pursuant to NRS 99.040 from the date found by the court that the sum was due.
2. Proceedings pursuant to subsection 1 are entitled to priority of hearing second only to criminal hearings. The plaintiff] and the lien claimants debtor.
2. At any time after the filing of a joint case conference report pursuant to Rule 16.1 of the Nevada Rules of Civil Procedure or, if the case is designated by the court as complex litigation, after the approval of the initial case management order by the court, each lien claimant in the action may serve upon the adverse party a demand for [30-day setting, in the proper form,] preferential trial setting and file the demand with the clerk of the court. Upon filing, the clerk of the court shall, before the Friday after the demand is filed, vacate a case or cases in a department of the court and set the lien claimants case for hearing, on a day or days certain, to be heard within [30] 60 days after the filing of the demand for [30-day] preferential trial setting. Only one such preferential trial setting need be given by the court, unless the hearing date is vacated without stipulation of counsel for the [plaintiff] lien claimant in writing. If the hearing date is vacated without that stipulation, upon service and filing, a new preferential trial setting must be given.
3. A lien claimant shall, at the time of making his demand for a preferential trial setting, and each other party to the preferential trial shall, within 20 days after the lien claimants service of the demand, serve upon all parties to the preferential trial the following documents and information:
κ2003 Statutes of Nevada, Page 2613 (CHAPTER 427, SB 206)κ
all parties to the preferential trial the following documents and information:
(a) A copy of all documents that the party intends to rely upon at the time of the trial;
(b) A list of witnesses whom the party intends to call at the time of the trial, which must include for each witness:
(1) The name of the witness;
(2) The company for whom the witness works and title of the witness; and
(3) A brief summary of the expected testimony of the witness;
(c) Any supplemental discovery responses as required by the Nevada Rules of Civil Procedure;
(d) The identity of each person whom the party expects to call as an expert witness at the trial, together with a statement of the substance of the facts and opinions to which the expert witness is expected to testify and a summary of the grounds for each opinion;
(e) Any expert reports not previously disclosed; and
(f) A detailed summary of all claims, offsets and defenses that the party intends to rely upon at the trial.
4. Within 20 days after receipt of an opposing partys identification of an expert witness, a party who desires to call a rebuttal expert witness at the trial must identify each person whom the party expects to call as a rebuttal expert witness, and must provide a statement of the substance of the facts and opinions to which the rebuttal expert witness is expected to testify and a summary of the grounds for each opinion.
5. A prevailing lien claimant on a claim against a surety bond must be awarded the lienable amount plus the total amount that may be awarded by the court pursuant to NRS 108.237. Such a judgment is immediately enforceable and may be appealed regardless of whether any other claims asserted or consolidated actions or suits have been resolved by a final judgment.
Sec. 47. NRS 108.2423 is hereby amended to read as follows:
108.2423 1. By entering into a surety bond given pursuant to NRS 108.2415, the principal and surety [submits himself] submit themselves to the jurisdiction of the court in which [the bond is filed in the proceeding or release of the lien,] an action or suit is pending on a notice of lien on the property described in the surety bond, and the principal and surety irrevocably [appoints] appoint the clerk of that court as [its] their agent upon whom any papers affecting [its] the liability on the surety bond may be served. [Its] The liability of the principal may be established by the court in the pending action. The liability of the surety may be enforced on motion without necessity of an independent action. The motion and such notice of motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the principal and surety if [his address is] their addresses are known.
2. The motion described in subsection 1 must not be instituted until [the lapse of] 30 days [following] after:
(a) If a notice of appeal from the judgment is not filed, the giving of notice of entry of judgment in the action against the lien claimants debtor [, if no notice of appeal from the judgment is filed, nor may the motion be instituted until the lapse of 30 days following] or the giving of notice of entry of judgment in an action against the principal or the lien claimants debtor, as the case may be; or
κ2003 Statutes of Nevada, Page 2614 (CHAPTER 427, SB 206)κ
entry of judgment in an action against the principal or the lien claimants debtor, as the case may be; or
(b) If an appeal has been taken from the judgment, the filing of the remittitur from the Supreme Court . [, if an appeal has been taken from the judgment.]
Sec. 48. NRS 108.2425 is hereby amended to read as follows:
108.2425 1. The lien claimant may, within [2] 15 days after the service of a copy of the [petition and a copy of the bond attached thereto,] surety bond pursuant to subsection 3 of NRS 108.2415, file a motion with the clerk of the court in [the action a notice] a pending action, or if no action has been commenced, file a petition with the court, excepting to the sufficiency of the surety [on] or the surety bond, and shall, at the same time and together with that [notice,] motion or petition, file an affidavit setting forth the grounds and basis of the exceptions to the surety [,] or the surety bond, and shall serve a copy of the [notice] motion or petition and a copy of the affidavit upon the [attorney or the petitioner on the same date as] principal at the address set forth in the surety bond within 5 business days after the date of filing. A hearing must be had upon the justification of the surety [at the same time as that set for the hearing on the petition for the order to release the lien.
2. If the lien claimant fails to file and serve the notice and affidavit within 2 days after the service of the petition for release of the lien, he shall be deemed to have waived all objection to the justification and sufficiency of the surety.] or the surety bond not less than 10 days and not more than 20 days after the filing of the motion or petition. If the court determines that the surety or surety bond is insufficient, the lien claimants lien will remain against the property or the court may allow the substitution of a sufficient surety and surety bond.
2. If, at any time after the recording of a surety bond pursuant to NRS 108.2415, the surety becomes unauthorized to transact surety business in this state pursuant to NRS 679A.030 or is dropped from the United States Department of the Treasurys Listing of Approved Sureties or there exists any other good cause, a lien claimant or other person having an interest in the surety bond may apply to the district court in a pending action, or commence an action if none is pending, for an order to require additional security or to change, substitute or add securities, or to enforce or change any other matter affecting the security provided by the surety bond.
3. If a court finds that the amount of a surety bond recorded pursuant to NRS 108.2415 is insufficient to pay the total amount that may be awarded by the court pursuant to NRS 108.237, the court shall increase the amount of the surety bond to 1.5 times the total amount that may be awarded. Any surety that records or consents to the recording of a surety bond pursuant to NRS 108.2415 will:
(a) Remain fully liable on the surety bond regardless of the payment or nonpayment of any surety bond premium; and
(b) Be liable for any increase in the amount of the surety bond as ordered by the court pursuant to this subsection.
Sec. 49. NRS 108.243 is hereby amended to read as follows:
108.243 1. Any notice of lien may be assigned in the same manner as any other chose in action after it has been perfected by recording.
2. [No] An assignment of a lien [prior to recording shall] before recording will not be effective until written notice of the assignment has been given to the owner by the assignee.
κ2003 Statutes of Nevada, Page 2615 (CHAPTER 427, SB 206)κ
been given to the owner by the assignee. [Any such notice shall] The notice will be sufficient if delivered in person or mailed by certified mail to the [person named as owner in the building permit.] owner. After such notice the assignee may perfect the lien in his own name.
3. [Two] One or more lien claimants of [the same] any class may assign their notices of lien [claims] by written assignment, signed by each assignor, to any other person or lien claimant of [the same] any class, and the assignee may commence and prosecute the action upon all of the notices of lien [claims] in his own name [.] or in the name of the original lien claimant.
4. In the event that a claim for which a lien may be filed is assigned before it is perfected, such assignment [shall] does not discharge or defeat the right to perfect [such] the lien, if [such claim] the lien is reassigned to the lien claimant, and thereafter [such lien claim] the lien is timely perfected.
Sec. 50. NRS 108.2433 is hereby amended to read as follows:
108.2433 1. Except as otherwise provided in subsection 2, a notice of lien [of record upon real] upon the property provided for in NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act may be discharged by an entry on the margin of the record thereof, signed by the [lienor] lien claimant or his personal representative or assignee in the presence of the recorder or his deputy, acknowledging the satisfaction of or value received for the notice of lien and the debt secured thereby. The recorder or his deputy shall subscribe the entry as witness. The entry has the same effect as a discharge or release of the notice of lien acknowledged and recorded as provided by law. The recorder shall properly index each marginal discharge.
2. If the notice of lien has been recorded by a microfilm or other photographic process, a marginal release may not be used and an acknowledged discharge or release of the notice of lien must be recorded.
3. If the recorder or his deputy is presented with a certificate executed by the [lienor] lien claimant or his personal representative or assignee, specifying that the notice of lien has been paid or otherwise satisfied or discharged, the recorder or his deputy shall discharge the notice of lien upon the record.
Sec. 51. NRS 108.2437 is hereby amended to read as follows:
108.2437 1. As soon as practicable, but not later than 10 days after a notice of lien [of record upon real] upon the property pursuant to NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act is fully satisfied or discharged, the [lienor] lien claimant shall cause to be recorded a discharge or release of the notice of lien in substantially the following form:
Assessors Parcel Numbers
DISCHARGE OR RELEASE OF NOTICE OF LIEN
NOTICE IS HEREBY GIVEN THAT:
The undersigned did, on the ....... day of the month of ....... of the year ......., record in Book ............, as Document No. ............, in the office of the county recorder of ............. County, Nevada, its Notice of Lien, or has otherwise given notice of his intention to hold [and claim] a lien upon the following described property [,] or improvements, owned or purportedly owned by ...............,
κ2003 Statutes of Nevada, Page 2616 (CHAPTER 427, SB 206)κ
owned by ..............., [situated] located in the County of ............, State of Nevada, to wit:
(Legal Description or Address of the Property [)] or Improvements)
NOW, THEREFORE, for valuable consideration the undersigned does release, satisfy and discharge [the claim or] his notice of lien on the property or improvements described above by reason of [such] this Notice of Lien . [, or by reason of the work and labor on, or materials furnished for, that property.]
.........................................................................
(Signature of [Lienor)] Lien Claimant)
2. If the [lienor] lien claimant fails to comply with the provisions of subsection 1, he is liable in a civil action to the owner of the [real] property, his heirs or assigns for any actual damages caused by his failure to comply with those provisions or $100, whichever is greater, and for a reasonable attorneys fee and the costs of bringing the action.
Sec. 52. NRS 108.244 is hereby amended to read as follows:
108.244 A lien claimant or assignee of a lien claimant or claimants may not file a complaint for foreclosure of his [mechanics] notice of lien or the assigned [mechanics] notice of lien or [mechanics liens] notices of lien until 30 days have expired immediately following the filing of his [mechanics] notice of lien or following the filing of the assigned [mechanics] notice of lien or the last of the assigned [mechanics liens.] notices of lien. This provision [shall] does not apply to [nor] or prohibit the filing of any statement of fact constituting a lien or statements of fact constituting a lien [in an already filed] :
1. In an action already filed for foreclosure of [mechanics lien and] a notice of lien; or
2. In order to comply with the provisions of NRS 108.239.
Sec. 53. NRS 108.245 is hereby amended to read as follows:
108.245 1. Except as otherwise provided in subsection 5, every [person, firm, partnership, corporation or other legal entity,] lien claimant, other than one who performs only labor, who claims the benefit of NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act shall, [within 31 days] at any time after the first delivery of material or performance of work or services under his contract, deliver in person or by certified mail to the owner [or reputed owner of the property or to the person whose name appears as owner on the building permit, if any, for the improvement] of the property a preliminary notice of right to lien in substantially the following form:
Notice [to Owner of Materials Supplied
or Work or Services Performed] of Right to Lien
To: ........................................................
(Owners name and address)
The undersigned notifies you that he has supplied materials or equipment or performed work or services as follows:
κ2003 Statutes of Nevada, Page 2617 (CHAPTER 427, SB 206)κ
(General description of materials, equipment, work or services
[and anticipated total value)] )
for improvement of [real] property identified as (property description or street address) under contract with (general contractor or subcontractor). This is not a notice that the undersigned has not been or does not expect to be paid, but a notice required by law that the undersigned may, at a future date, [claim] record a notice of lien as provided by law against the property if the undersigned is not paid.
.........................................................
(Claimant)
A subcontractor or [materialman under a subcontract] equipment or material supplier who gives such a notice must also deliver in person or send by certified mail a copy of the notice to the [general] prime contractor for information only. The failure by a subcontractor to deliver [such notices] the notice to the [general] prime contractor is a ground for disciplinary proceedings against the subcontractor under chapter 624 of NRS [.] but does not invalidate the notice to the owner.
2. Such a notice does not constitute a lien or give actual or constructive notice of a lien for any purpose.
3. No lien for materials or equipment furnished or for work or services performed, except labor, may be perfected or enforced pursuant to NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of this act unless the notice has been given.
4. The notice need not be verified, sworn to or acknowledged.
5. A [general] prime contractor or other person who contracts directly with an owner or sells materials directly to an owner is not required to give notice pursuant to this section.
6. [As used in this section, owner does not include any person, firm or corporation whose only interest in the real property is under a mortgage, deed of trust or other security arrangement.] A lien claimant who is required by this section to give a notice of right to lien to an owner and who gives such a notice has a right to lien for materials or equipment furnished or for work or services performed in the 31 days before the date the notice of right to lien is given and for the materials or equipment furnished or for work or services performed anytime thereafter until the completion of the work of improvement.
Sec. 54. NRS 108.246 is hereby amended to read as follows:
108.246 1. Each [general] prime contractor shall, before execution of a contract for construction, inform the [record] owner with whom he intends to contract of the provisions of NRS 108.245 in substantially the following form:
To: ........................................................
(Owners name and address)
[Section 108.245 of Nevada Revised Statutes,] The provisions of NRS 108.245, a part of the mechanics and materialmens lien law of the State of Nevada, [requires,] require, for your information and protection from hidden liens, that each person or other legal entity [which] who supplies materials to or performs work [or services] on a construction project, other than one who performs only labor, [shall] deliver to the owner a notice of the materials and equipment supplied or the work [or services] performed.
κ2003 Statutes of Nevada, Page 2618 (CHAPTER 427, SB 206)κ
performs only labor, [shall] deliver to the owner a notice of the materials and equipment supplied or the work [or services] performed. You may receive [such] these notices in connection with the construction project which you propose to undertake.
2. Each [general] prime contractor shall deliver a copy of the information required by subsection 1 to each subcontractor who participates in the construction project.
3. The failure of a [general contractor so] prime contractor to inform pursuant to this section owners and subcontractors with whom he contracts is a ground for disciplinary proceedings under chapter 624 of NRS.
[4. Each subcontractor who participates in the construction project shall deliver a copy of each notice required by NRS 108.226 to the general contractor. The failure of the subcontractor to deliver such notice to the general contractor is a ground for disciplinary proceedings under chapter 624 of NRS.]
Sec. 55. NRS 116.4111 is hereby amended to read as follows:
116.4111 1. In the case of a sale of a unit where delivery of a public offering statement is required pursuant to subsection 3 of NRS 116.4102, a seller:
(a) Before conveying a unit, shall record or furnish to the purchaser releases of all liens, except liens on real estate that a declarant has the right to withdraw from the common-interest community, that the purchaser does not expressly agree to take subject to or assume and that encumber:
(1) In a condominium, that unit and its interest in the common elements; and
(2) In a cooperative or planned community, that unit and any limited common elements assigned thereto; or
(b) Shall provide a surety bond against the lien as provided for liens on real estate in NRS 108.2413 to [108.2419,] 108.2425, inclusive.
2. Before conveying real estate to the association, the declarant shall have that real estate released from:
(a) All liens the foreclosure of which would deprive units owners of any right of access to or easement of support of their units; and
(b) All other liens on that real estate unless the public offering statement describes certain real estate that may be conveyed subject to liens in specified amounts.
Sec. 56. NRS 624.3016 is hereby amended to read as follows:
624.3016 The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:
1. Any fraudulent or deceitful act committed in the capacity of a contractor.
2. A conviction of a violation of NRS 624.730 or a felony or a crime involving moral turpitude.
3. Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.
4. Failure to give a notice required by NRS 108.227, 108.245 or 108.246.
5. Failure to comply with NRS 597.713, 597.716 or 597.719 or any regulations of the Board governing contracts for the construction of residential pools and spas.
6. Failure to comply with NRS 624.600.
κ2003 Statutes of Nevada, Page 2619 (CHAPTER 427, SB 206)κ
7. Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.
8. Failure to pay an assessment required pursuant to NRS 624.470.
Sec. 57. NRS 624.620 is hereby amended to read as follows:
624.620 1. Except as otherwise provided in this section, any money remaining unpaid for the construction of a work of improvement is payable to the contractor within 30 days after:
(a) Occupancy or use of the work of improvement by the owner or by a person acting with the authority of the owner; or
(b) The availability of a work of improvement for its intended use. The contractor must have given a written notice of availability to the owner on or before the day on which he claims that the work of improvement became available for use or occupancy.
2. If the owner has complied with subsection 3, the owner may:
(a) Withhold payment for the amount of:
(1) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is sought;
(2) The costs and expenses reasonably necessary to correct or repair any work that is not materially in compliance with the contract to the extent that such costs and expenses exceed 50 percent of the amount of retention being withheld pursuant to the terms of the contract; and
(3) Money the owner has paid or is required to pay pursuant to an official notice from a state agency, or employee benefit trust fund, for which the owner is liable for the contractor or his subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or 617 of NRS.
(b) Require, as a condition precedent to the payment of any unpaid amount under the construction contract, that lien releases be furnished by the contractors subcontractors, suppliers or employees. For purposes of this paragraph:
(1) If the amount due is paid with a check or is not paid concurrently with the owners receipt of the lien releases, the lien releases must be conditioned upon the check clearing the bank upon which it is drawn and the receipt of payment and shall be deemed to become unconditional upon the receipt of payment; and
(2) The lien releases must be limited to the amount of the payment received.
3. If, pursuant to paragraph (a) of subsection 2, an owner intends to withhold any amount from a payment to be made to a contractor, the owner must, on or before the date the payment is due, give written notice to the contractor of any amount that will be withheld. The written notice must:
(a) Identify the amount that will be withheld from the contractor;
(b) Give a reasonably detailed explanation of the reason the owner will withhold that amount, including, without limitation, a specific reference to the provision or section of the contract, and any documents relating thereto, and the applicable building code, law or regulation with which the contractor has failed to comply; and
(c) Be signed by an authorized agent of the owner.
4. A contractor who receives a notice pursuant to subsection 3 may provide written notice to the owner of the correction of a condition described in the notice received pursuant to subsection 3. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition and be signed by an authorized representative of the contractor. If an owner receives a written notice from the contractor of the correction of a condition described in an owners notice of withholding pursuant to subsection 3, the owner must, within 10 days after receipt of such notice:
κ2003 Statutes of Nevada, Page 2620 (CHAPTER 427, SB 206)κ
an owner receives a written notice from the contractor of the correction of a condition described in an owners notice of withholding pursuant to subsection 3, the owner must, within 10 days after receipt of such notice:
(a) Pay the amount withheld by the owner for that condition; or
(b) Object to the scope and manner of the correction of the condition in a written statement that sets forth the reason for the objection and complies with subsection 3. If the owner objects to the scope and manner of the correction of a condition, he shall nevertheless pay to the contractor, along with payment made pursuant to the contractors next payment request, the amount withheld for the correction of conditions to which the owner no longer objects.
5. The partial occupancy or availability of a building requires payment in direct proportion to the value of the part of the building which is partially occupied or partially available. For projects which involve more than one building, each building must be considered separately in determining the amount of money which is payable to the contractor.
6. Unless otherwise provided in the construction contract, any money which is payable to a contractor pursuant to this section accrues interest at a rate equal to the lowest daily prime rate at the largest bank in this state, as determined by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding:
(a) The time the contract was signed; or
(b) If the contract was oral, the time the terms of the contract were agreed to by the parties,
plus 2 percent.
7. This section does not apply to:
(a) Any residential building; or
(b) Public works.
8. As used in this section, unless the context otherwise requires, work of improvement has the meaning ascribed to it in [NRS 108.221.] section 24 of this act.
Sec. 58. NRS 108.223, 108.2231, 108.224, 108.2417 and 108.2419 are hereby repealed.
Sec. 59. Sections 25 and 26 of this act apply only to agreements entered into on or after October 1, 2003.
________
κ2003 Statutes of Nevada, Page 2621κ
Senate Bill No. 415Committee on Finance
CHAPTER 428
AN ACT relating to taxes on estates; removing certain restrictions on the use of money in the Estate Tax Account in the Endowment Fund of the University and Community College System of Nevada; requiring the Board of Regents of the University of Nevada to make certain transfers of money from the Account to the State General Fund; 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 375A.705 is hereby amended to read as follows:
375A.705 1. All money received by the Board of Regents of the University of Nevada pursuant to paragraph (b) of subsection 1 of NRS 375A.700 must be accounted for separately in the Endowment Fund of the University and Community College System of Nevada.
2. The money in the Estate Tax Account must be invested pursuant to the same investment policies as the other money in the Endowment Fund is invested. All interest and income earned on the money in the Account must be credited to the Account.
3. [The money in the Estate Tax Account must only be expended as follows:
(a)] The Board of Regents of the University of Nevada may [spend $2,500,000 of the money in the Account each year.
(b) Until the principal in the Account is sufficient to yield income of $2,500,000 per year, all revenue deposited in the Account in excess of the $2,500,000 allocated pursuant to paragraph (a) must remain in the Account.
(c) In addition to the amount allowed pursuant to paragraph (a), the Board of Regents of the University of Nevada may spend any money in the Account which is not part of the principal necessary to yield income of $2,500,000 per year.
(d) Any money expended pursuant to the provisions of paragraph (a) or (c) must be approved] , upon approval by the Legislature when in regular session or by the Interim Finance Committee when the Legislature is not in regular session [.] , expend any money in the Estate Tax Account.
Sec. 2. 1. The Board shall, on a monthly basis, transfer money from the Account to the State General Fund in an amount up to the level of expenditures approved in the final budget of the System for the applicable fiscal year. Except as otherwise provided in this subsection and subsection 2, the amount of money transferred each month must be:
(a) For Fiscal Year 2003-2004, $3,819,713, until the total amount of money transferred for all 12 months in the fiscal year is $45,836,551.
(b) For Fiscal Year 2004-2005, $3,616,525, until the total amount of money transferred for all 12 months in the fiscal year is $43,398,297.
A monthly transfer described in this section must not be made to the extent that making the transfer would result in a negative balance in the Account.
κ2003 Statutes of Nevada, Page 2622 (CHAPTER 428, SB 415)κ
2. If the amount of money in the Account is not, for a given month, sufficient to allow the full amount of the transfer scheduled for that month, as described in subsection 1, any money that subsequently becomes available in the Account must first be applied to complete the full amount of the transfer scheduled for that month, as described in subsection 1.
3. If, at the end of Fiscal Year 2004-2005, the total amount transferred from the Account to the State General Fund pursuant to this section has not reached the total amount of $89,234,848 that is scheduled to be transferred pursuant to subsection 1 during both Fiscal Year 2003-2004 and Fiscal Year 2004-2005 combined, the Board shall continue to make transfers from the Account to the State General Fund in subsequent fiscal years until the total amount transferred equals $89,234,848, subject to the continued availability of estate tax revenues.
4. As used in this section:
(a) Account means the Estate Tax Account in the Endowment Fund of the University and Community College System of Nevada.
(b) Board means the Board of Regents of the University of Nevada.
(c) System means the University and Community College System of Nevada.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 164Committee on Human Resources and Facilities
CHAPTER 429
AN ACT relating to persons with disabilities; creating the Office of Disability Services within the Department of Human Resources; requiring the Office to serve as the agency of State Government for persons to obtain information concerning any service or program available to persons with disabilities in this state; requiring the Office to coordinate services and programs available to persons with disabilities among state and local governmental agencies; requiring the Office to administer certain programs available in this state for persons with disabilities; making various changes concerning the program to provide devices for telecommunication to persons with impaired speech or hearing; 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 422.396 is hereby amended to read as follows:
422.396 1. The Department, through a division of the Department designated by the Director, shall establish and administer a program to provide community-based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long-term care. The Department shall [contract with the Department of Employment, Training and Rehabilitation to] coordinate the provision of community-based services pursuant to this section.
κ2003 Statutes of Nevada, Page 2623 (CHAPTER 429, SB 164)κ
coordinate the provision of community-based services pursuant to this section.
2. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c) that authorizes the Department to amend the State Plan for Medicaid adopted by the Department pursuant to NRS 422.271 in order to authorize the Department to include as medical assistance under the State Plan the following services for persons with physical disabilities:
(a) Respite care;
(b) Habilitation;
(c) Residential habilitation;
(d) Environmental modifications;
(e) Supported living;
(f) Supported living habilitation;
(g) Supported personal care; and
(h) Any other community-based services approved by the Secretary of Health and Human Services.
The Department shall cooperate with the Federal Government in obtaining a waiver pursuant to this subsection.
3. The Department may use personnel of the Department or it may contract with any appropriate public or private agency, organization or institution to provide the community-based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long-term care.
4. A contract entered into with a public or private agency, organization or institution pursuant to subsection 3 must:
(a) Include a description of the type of service to be provided;
(b) Specify the price to be paid for each service and the method of payment; and
(c) Specify the criteria to be used to evaluate the provision of the service.
5. The Department shall [, in consultation with Department of Employment, Training and Rehabilitation,] adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the services provided pursuant to the program. Before adopting regulations pursuant to this section, the Department shall solicit comments from persons with a variety of disabilities and members of the families of those persons.
Sec. 1.5. Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Department means the Department of Human Resources.
Sec. 4. Office means the Office of Disability Services created pursuant to section 5 of this act.
Sec. 5. The Office of Disability Services is hereby created within the Department. The Office shall:
1. Provide access to information about services or programs for persons with disabilities that are available in this state.
κ2003 Statutes of Nevada, Page 2624 (CHAPTER 429, SB 164)κ
2. Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:
(a) Developing and improving policies of this state concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and
(b) Making recommendations concerning new policies or services that may benefit persons with disabilities.
3. Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.
4. Serve as a liaison between local governmental agencies in this state that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this state of services and programs of other local governmental agencies in this state for persons with disabilities pursuant to this subsection, the Office shall:
(a) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Office to each of the local governmental agencies that provides services or programs to persons with disabilities;
(b) Work with counties and other local governmental entities in this state that do not provide services or programs to persons with disabilities to establish such services or programs; and
(c) Assist local governmental agencies in this state to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.
5. Administer the following programs in this state that provide services for persons with disabilities:
(a) The program established pursuant to sections 7, 8 and 9 of this act to provide financial assistance to persons with physical disabilities;
(b) The programs established pursuant to chapter 426A of NRS to obtain information concerning traumatic brain injuries and provide services to persons with traumatic brain injuries;
(c) The program established pursuant to section 11 of this act to provide devices for telecommunication to deaf persons and persons with impaired speech or hearing;
(d) Any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.;
(e) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq.; and
(f) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.
6. Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.
κ2003 Statutes of Nevada, Page 2625 (CHAPTER 429, SB 164)κ
7. Ensure that state and local governmental agencies comply with the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
8. Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this state through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:
(a) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and
(b) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.
9. Publish a biennial report which:
(a) Reviews the current and projected capacity of:
(1) Services available to persons with disabilities pursuant to the State Plan for Medicaid;
(2) Waivers to the State Plan for Medicaid for the provision of home and community-based services in this state;
(3) Services available to persons with disabilities from counties and other local governmental entities in this state; and
(4) Any other services available to persons with disabilities from any governmental or nonprofit agency;
(b) Identifies the costs of existing and new services in the community for persons with disabilities;
(c) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;
(d) Recommends plans to provide services or programs for persons with disabilities by using the data from any waiting lists of persons seeking such services or programs;
(e) Reports the outcomes of persons with disabilities who have received services for persons with disabilities in this state; and
(f) Reports the progress of the Office in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001.
10. Provide on or before January 15 of each year a report to the Governor and on or before January 15 of each odd-numbered year a report to the Legislature, including, without limitation:
(a) A summary of the activities of the Office for the preceding fiscal year or 2 preceding fiscal years, if the report is provided to the Legislature;
(b) Documentation of significant problems affecting persons with disabilities when accessing public services, if the Office is aware of any such problems;
(c) A summary and analysis of the trends in the systems of care and services available for persons with disabilities; and
(d) Recommendations for improving the ability of the State of Nevada to provide services to persons with disabilities and advocate for the rights of persons with disabilities.
Sec. 6. The Department may adopt any regulations to carry out the provisions of sections 1 to 11, inclusive, of this act.
κ2003 Statutes of Nevada, Page 2626 (CHAPTER 429, SB 164)κ
Sec. 6.5. 1. The Advisory Committee on Deaf and Hard of Hearing Persons is hereby created in the Office. The Advisory Committee consists of 11 people appointed by the Director of the Department. The Director shall appoint to the Advisory Committee:
(a) One member who is employed by the Department and who participates in the administration of the program of this state which provides services to persons with disabilities which affect their ability to communicate;
(b) One person who is a member of the Nevada Association of the Deaf;
(c) One member who is hard of hearing;
(d) One representative of educators of persons who are deaf and hard of hearing;
(e) One member who is professionally qualified in the field of deafness;
(f) One member whose speech is impaired;
(g) The Executive Director of the Nevada Telecommunications Association;
(h) Two representatives of the deaf and hard of hearing centers operated by this state, who are ex officio members; and
(i) Two representatives of the program to purchase, maintain, repair and distribute devices for telecommunication developed and administered pursuant to section 11 of this act, who are ex officio members.
2. After the initial term, the term of each member is 3 years. A member may be reappointed.
3. If a vacancy occurs during the term of a member, the Director of the Department shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.
4. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a chairman from among its voting members; and
(b) Meet at the call of the Director of the Department, the Chairman or a majority of its members as is necessary to carry out its responsibilities.
5. A majority of the voting members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.
6. Members of the Advisory Committee serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Committee, to the per diem allowance and travel expenses provided for state officers and employees generally.
7. A member of the Advisory Committee who is an officer or employee of this state or a political subdivision of this state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or political subdivision of this state shall not require an officer or employee who is a member of the Advisory Committee to make up the time he is absent from work to carry out his duties as a member of the Advisory Committee or use annual vacation or compensatory time for the absence.
8. The Advisory Committee may:
κ2003 Statutes of Nevada, Page 2627 (CHAPTER 429, SB 164)κ
(a) Make recommendations to the Director of the Department and the Office concerning the establishment and operation of programs for persons with disabilities which affect their ability to communicate;
(b) Recommend to the Director of the Department and the Office any proposed legislation concerning persons with disabilities which affect their ability to communicate; and
(c) Collect information concerning persons with disabilities which affect their ability to communicate.
9. As used in this section:
(a) Person who is deaf means a person who is not able to process information aurally and whose primary means of communication is visual.
(b) Person who is hard of hearing means a person:
(1) Who has a hearing deficit;
(2) Who is able to process information aurally with or without the use of a hearing aid or any other device that enhances the ability of a person to hear; and
(3) Whose primary means of communication may be visual.
(c) Person whose speech is impaired means a person who has difficulty using his voice to communicate.
Sec. 7. As used in sections 8 and 9 of this act, unless the context otherwise requires, person with a physical disability means a person with a physical disability that substantially limits his ability to participate and contribute independently in the community in which he lives.
Sec. 8. 1. The Department shall, through the Office, establish a program to provide financial assistance to persons with physical disabilities for such essential personal care required pursuant to section 9 of this act as is necessary to enable them to live in a noninstitutional or unsupervised residential setting.
2. The Department shall adopt regulations:
(a) Establishing the procedures for applying for assistance for essential personal care;
(b) Prescribing the criteria for determining the eligibility of an applicant;
(c) Prescribing the nature and the amounts of assistance which may be provided and the conditions imposed; and
(d) Prescribing such other provisions as the Department considers necessary to administer the program.
3. The decision of the Department regarding the eligibility of an applicant is a final decision for the purposes of judicial review.
Sec. 9. The essential personal care for which the Department may provide assistance to a person with a physical disability pursuant to section 8 of this act must include assisting the person with the physical disability in:
1. The elimination of wastes from the body.
2. Dressing and undressing.
3. Bathing and grooming.
4. The preparation and eating of meals.
5. Getting in and out of bed.
6. Repositioning while asleep.
7. The use of prostheses and other medical equipment.
8. Moving about.
Sec. 10. (Deleted by amendment.)
κ2003 Statutes of Nevada, Page 2628 (CHAPTER 429, SB 164)κ
Sec. 11. 1. The Office shall develop and administer a program whereby:
(a) Any person who is a customer of a telephone company which provides service through a local exchange or a customer of a company that provides wireless phone service and who is certified by the Office to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service; and
(b) Any person who is deaf or has severely impaired speech or hearing may communicate by telephone, including, without limitation, a wireless phone, with other persons through a dual-party relay system.
The program must be approved by the Public Utilities Commission of Nevada.
2. A surcharge is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this state and on each personal wireless access line of each customer of any company that provides wireless phone services in this state which is sufficient to cover the costs of the program and to fund the deaf and hard of hearing centers operated by this state. The Commission shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the Commission pursuant to regulations adopted by the Commission.
3. The Account for Services for Persons With Impaired Speech or Hearing is hereby created within the State General Fund and must be administered by the Office. Any money collected from the surcharge imposed pursuant to subsection 2 must be deposited in the State Treasury for credit to the Account. The money in the Account may be used only:
(a) For the purchase, maintenance, repair and distribution of the devices for telecommunication, including the distribution of devices to state agencies and nonprofit organizations;
(b) To establish and maintain the dual-party relay system;
(c) To reimburse telephone companies and companies that provide wireless phone services for the expenses incurred in collecting and transferring to the Commission the surcharge imposed by the Commission;
(d) For the general administration of the program developed and administered pursuant to subsection 1;
(e) To train persons in the use of the devices; and
(f) To fund the deaf and hard of hearing centers operated by this state.
4. For the purposes of this section:
(a) Device for telecommunication means a device which is used to send messages through the telephone system, including, without limitation, the wireless phone system, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.
(b) Dual-party relay system means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay communications through third parties to persons who do not have access to such devices.
Sec. 12. NRS 426.005 is hereby amended to read as follows:
426.005 It is the policy of this state to:
κ2003 Statutes of Nevada, Page 2629 (CHAPTER 429, SB 164)κ
1. Enable [the visually, aurally and physically handicapped] persons with visual, aural or physical disabilities to participate fully in the social and economic life of the State and to engage in remunerative employment and to secure for them the same rights as [the able-bodied] persons without disabilities to the full and free use of the street, highways, sidewalks, walkways, public buildings, public facilities and other public places.
2. Promote these objectives by periodic public observance in which the people of the State are reminded:
(a) Of the significance of the white cane and the blaze orange dog leash.
(b) To observe the provisions of the laws for the protection of [the disabled] persons with disabilities and to take precautions necessary to the safety of [the disabled.] persons with disabilities.
(c) Of the policies of the State with respect to [the visually and physically disabled] persons with visual or physical disabilities and to cooperate in giving effect to them.
(d) Of the need to:
(1) Be aware of the presence of [disabled] persons with disabilities in the community;
(2) Keep safe and functional for [the disabled] persons with disabilities the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited; and
(3) Offer assistance to [disabled] persons with disabilities upon appropriate occasions.
3. Provide persons with disabilities in this state and their families, within the limits of available resources, assistance in securing an equal opportunity to access and enjoy fully:
(a) Freedom and independence in planning and managing their lives, including, without limitation, the ability to exercise individual initiative;
(b) Suitable housing that is independently selected, designed and located with consideration of the special needs of persons with disabilities, and that is affordable to persons with disabilities;
(c) The best possible physical and mental health, without regard to economic status;
(d) Necessary health, personal assistance and independent living services that are designed to enable persons with disabilities to avoid receiving institutional care, or to transition from an institutional setting back to their communities;
(e) Respite for family members of persons with disabilities from their duties as primary caregivers; and
(f) Meaningful participation in a wide range of civic, cultural and recreational opportunities.
Sec. 13. NRS 426.010 is hereby amended to read as follows:
426.010 The purposes of this chapter are:
1. To relieve [handicapped] persons with disabilities from the distress of poverty;
2. To encourage and assist [handicapped] persons with disabilities in their efforts to render themselves more self-supporting; and
3. To enlarge the opportunities of [handicapped] persons with disabilities to obtain education, vocational training and employment.
κ2003 Statutes of Nevada, Page 2630 (CHAPTER 429, SB 164)κ
Sec. 14. NRS 426.055 is hereby amended to read as follows:
426.055 Deaf person means any person who, by reason of the loss or impairment of his hearing, has an aural [handicap] disability which limits, contributes to limiting or which, if not corrected, will probably result in limiting his activities or functions.
Sec. 15. NRS 426.083 is hereby amended to read as follows:
426.083 Helping dog means a dog which has been or is being specially trained by or in conjunction with a school for helping dogs to the individual requirements of a [physically handicapped] person with a physical disability to:
1. Provide a minimum of protection;
2. Rescue the person in certain situations;
3. Pull a wheelchair;
4. Fetch dropped items; or
5. Provide other services to the person.
Sec. 16. NRS 426.097 is hereby amended to read as follows:
426.097 Service animal means an animal which has been or is being trained to provide a specialized service to a [handicapped] person with a disability by a school that is approved by the Division to train such an animal.
Sec. 17. NRS 426.510 is hereby amended to read as follows:
426.510 1. Except as otherwise provided in subsections 2, 3 and 4, a person shall not:
(a) Use a guide dog, hearing dog, helping dog or other service animal or a blaze orange leash; or
(b) Carry or use on any street or highway or in any other public place a cane or walking stick which is white or metallic in color, or white tipped with red.
2. A blind person may use a guide dog or other service animal, a blaze orange leash and a cane or walking stick which is white or metallic in color, or white tipped with red.
3. A deaf person may use a hearing dog or other service animal and a blaze orange leash.
4. A [physically handicapped] person with a physical disability may use a helping dog or other service animal and a blaze orange leash.
5. Any pedestrian who approaches or encounters a person using a guide dog or other service animal or carrying a cane or walking stick white or metallic in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the blind person.
6. Any person other than a blind person who:
(a) Uses a guide dog or other service animal or carries a cane or walking stick such as is described in this section, contrary to the provisions of this section;
(b) Fails to heed the approach of a person using a guide dog or other service animal or carrying such a cane as is described by this section;
(c) Fails to come to a stop upon approaching or coming in contact with a person so using a guide dog or other service animal or so carrying such a cane or walking stick; or
(d) Fails to take precaution against accident or injury to such a person after coming to a stop,
as provided for in this section, is guilty of a misdemeanor.
κ2003 Statutes of Nevada, Page 2631 (CHAPTER 429, SB 164)κ
7. Any person other than a blind [,] person, deaf person or [physically handicapped] person with a physical disability who uses a blaze orange leash is guilty of a misdemeanor.
8. This section does not apply to any person who is instructing a blind [,] person, deaf person or [physically handicapped] person with a physical disability or training a guide dog, hearing dog, helping dog or other service animal.
Sec. 18. NRS 426.515 is hereby amended to read as follows:
426.515 The failure of a:
1. Blind person to carry a white or metallic colored cane or to use a guide dog or other service animal or a blaze orange leash;
2. Deaf person to use a hearing dog or other service animal or a blaze orange leash; or
3. [Physically handicapped person] Person with a physical disability to use a helping dog or other service animal or a blaze orange leash,
does not constitute contributory negligence per se, but may be admissible as evidence of contributory negligence in a personal injury action by that person against a common carrier or any other means of public conveyance or transportation or a place of public accommodation as defined by NRS 651.050 when the injury arises from the blind [,] persons, deaf persons or [physically handicapped persons] person with a physical disabilitys making use of the facilities or services offered by the carrier or place of public accommodation.
Sec. 19. NRS 426.727 is hereby amended to read as follows:
426.727 State personal assistance program means a program established pursuant to NRS 422.396, 427A.250 or [615.173.] section 8 of this act.
Sec. 19.3. NRS 426.729 is hereby amended to read as follows:
426.729 The Director of the Department of Human Resources, [in cooperation with the Director of the Department of Employment, Training and Rehabilitation and] in consultation with the Advisory Committee, shall:
1. Determine the amount of state funding necessary each biennium to carry out NRS 426.728.
2. Ensure that the amount of funding determined to be necessary pursuant to subsection 1 is included in the budgetary request of the appropriate department or agency for the biennium, and that the budgetary request includes funding for any increase in the number of cases handled by the state personal assistance programs.
3. Establish a program to govern the services provided to carry out NRS 426.728, within the limitations of any conditions upon the receipt of state or federal funding, including:
(a) Minimum standards for the provision of minimum essential personal assistance, including, to the extent authorized by state and federal law, the provision of services in accordance with NRS 629.091;
(b) Minimum qualifications and training requirements for providers of minimum essential personal assistance;
(c) Standards for the financial operation of providers of minimum essential personal assistance;
(d) The development of an individual service plan for the provision of minimum essential personal assistance to each recipient;
κ2003 Statutes of Nevada, Page 2632 (CHAPTER 429, SB 164)κ
(e) Procedures to appeal the denial or modification of an individual service plan for the provision of minimum essential personal assistance and to resolve any disputes regarding the contents of such a plan;
(f) Continuous monitoring of the adequacy and effectiveness of the provision of minimum essential personal assistance to each recipient;
(g) Mandatory requirements and procedures for reporting the abuse, neglect or exploitation of a recipient;
(h) The receipt of meaningful input from recipients, including surveys of recipients, regarding the extent to which recipients are receiving the services described in their individual service plans and their satisfaction with those services; and
(i) Continuing procedures for soliciting public input regarding the development, implementation and review of the program.
4. Review and modify the program established pursuant to subsection 3 as appropriate to provide recipients with as much independence and control over the provision of minimum essential personal assistance as is feasible.
5. Submit to each regular session of the Legislature and make available to members of the public any recommendations for legislation to carry out NRS 426.728 and to carry out or improve the program established pursuant to subsection 3.
6. Submit to each regular session of the Legislature a report regarding the expenditure of any money received to carry out NRS 426.721 to 426.731, inclusive, that must include information regarding:
(a) The fiscal and other effects of services provided to carry out NRS 426.728;
(b) The results of the program established pursuant to subsection 3; and
(c) The percentage change in the number of residents of this state with severe functional disabilities who are able to avoid or leave institutional care as a result of the receipt of minimum essential personal assistance through community-based services.
Sec. 19.7. NRS 426.731 is hereby amended to read as follows:
426.731 1. The Advisory Committee on Personal Assistance for Persons with Severe Functional Disabilities is hereby created in the Department [.] of Human Resources.
2. The Governor shall:
(a) Solicit recommendations for the appointment of members to the Advisory Committee from organizations that are representative of a broad range of persons with disabilities and organizations interested in the provision of personal services to persons with functional disabilities.
(b) Appoint to the Advisory Committee such members as he deems appropriate to represent a broad range of persons with disabilities from diverse backgrounds, including, without limitation, one or more persons who are representative of:
(1) The Nevada Commission on Aging and seniors with disabilities.
(2) The Statewide Independent Living Council established in this state pursuant to 29 U.S.C. § 796d.
(3) The State Council on Developmental Disabilities established in this state pursuant to section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.
(4) Centers for independent living established in this state.
(5) Providers of personal services to persons with disabilities, including providers who receive state funding for that purpose.
κ2003 Statutes of Nevada, Page 2633 (CHAPTER 429, SB 164)κ
(6) Persons with disabilities who receive personal assistance services.
3. The majority of the members of the Advisory Committee must be persons with disabilities.
4. After the initial term, the term of each member is 2 years.
5. Members of the Advisory Committee serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Committee, to the per diem allowance and travel expenses provided for state employees generally.
6. A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.
7. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a Chairman from among its members.
(b) Meet at the call of the Director [,] of the Department of Human Resources, the Chairman or a majority of its members quarterly or as is necessary, within the budget of the Advisory Committee, to provide the Director of the Department of Human Resources with appropriate assistance to carry out the provisions of NRS 426.728.
Sec. 20. NRS 426.740 is hereby amended to read as follows:
426.740 1. Every person who operates a service station or retail store which sells fuel for motor vehicles to the public shall, upon request, refuel a vehicle for a driver [who is physically handicapped.] with a physical disability.
2. The price of the fuel charged to such a driver must not be greater than the price which would be charged to any other person for the fuel if that person had personally refueled his vehicle.
3. This section does not apply to a service station or a retail store which sells fuel if the service station or retail store does not provide a person to refuel the motor vehicles of its customers.
4. A person who violates any provision of this section is guilty of a misdemeanor.
Sec. 20.5. NRS 426A.010 is hereby amended to read as follows:
426A.010 As used in this chapter:
1. Department means the Department of [Employment, Training and Rehabilitation.] Human Resources.
2. Office means the Office of Disability Services created by section 5 of this act.
3. Traumatic brain injury means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:
(a) A cerebral vascular accident;
(b) An aneurism; or
(c) A congenital defect.
Sec. 21. NRS 426A.060 is hereby amended to read as follows:
426A.060 1. The Advisory Committee on Traumatic Brain Injuries, consisting of 11 members, is hereby created.
2. The [Administrator] Director of the Department shall appoint to the Committee:
κ2003 Statutes of Nevada, Page 2634 (CHAPTER 429, SB 164)κ
(a) One member who is an employee of the [Rehabilitation Division of the Department.] Office.
(b) One member who is an employee of the Division of Health Care Financing and Policy of the Department [of Human Resources] and participates in the administration of the state program providing Medicaid.
(c) One member who is a licensed insurer in this state.
(d) One member who represents the interests of educators in this state.
(e) One member who is a person professionally qualified in the field of psychiatric mental health.
(f) Two members who are employees of private providers of rehabilitative health care located in this state.
(g) One member who represents persons who operate community-based programs for head injuries in this state.
(h) One member who represents hospitals in this state.
(i) Two members who represent the recipients of health care in this state.
3. After the initial appointments, each member of the Committee serves a term of 3 years.
4. The Committee shall elect one of its members to serve as Chairman.
5. Members of the Committee serve without compensation and are not entitled to receive the per diem allowance or travel expenses provided for state officers and employees generally, except that members of the Committee may receive any per diem allowance and travel expenses that may be authorized by the Committee if the payment of the per diem allowance and travel expenses:
(a) Is made from money received by the Committee from a source other than the State of Nevada; and
(b) Is not inconsistent with any condition attached to the acceptance of that money.
6. The Committee may:
(a) Make recommendations to the [Administrator] Director of the Department and the Office relating to the establishment and operation of any program for persons with traumatic brain injuries.
(b) Make recommendations to the [Administrator] Director of the Department and the Office concerning proposed legislation relating to traumatic brain injuries.
(c) Collect information relating to traumatic brain injuries.
(d) Apply for grants.
(e) Accept and expend any money made available to the Committee by gift, grant, donation or bequest.
7. The Committee shall prepare a report of its activities and recommendations each year and submit a copy to the:
(a) Director of the Department;
(b) [Administrator;] Office;
(c) Legislative Committee on Health Care; and
(d) Legislative Commission.
8. As used in this section:
(a) [Administrator means the Administrator of the Rehabilitation Division of the Department.
(b)] Person professionally qualified in the field of psychiatric mental health has the meaning ascribed to it in NRS 433.209.
[(c)] (b) Provider of health care has the meaning ascribed to it in NRS 629.031.
κ2003 Statutes of Nevada, Page 2635 (CHAPTER 429, SB 164)κ
Sec. 21.3. NRS 426A.070 is hereby amended to read as follows:
426A.070 1. The [Rehabilitation Division of the Department] Office shall establish a Program for Persons with Traumatic Brain Injuries.
2. The Program may, subject to legislative appropriation, provide:
(a) The following services to persons with traumatic brain injuries:
(1) Treatment during the day on an outpatient basis;
(2) Care provided in a facility operated and maintained to furnish food, shelter, assistance and limited supervision;
(3) Care provided in the home;
(4) Instruction in the skills required for independent living;
(5) Placement for jobs; and
(6) Counseling and treatment for the abuse of drugs or alcohol.
(b) Support services for families of persons with traumatic brain injuries.
(c) For the dissemination of information for the prevention of traumatic brain injuries.
3. The [Rehabilitation Division] Office shall evaluate the Program and submit a report containing the evaluation and any recommended legislation to each regular session of the Legislature.
Sec. 21.7. NRS 426A.080 is hereby amended to read as follows:
426A.080 The [Rehabilitation Division of the] Department shall adopt regulations concerning the care of persons with traumatic brain injuries. The [Division] Department shall, in adopting the regulations, consider the criteria established by the Commission on Accreditation of Rehabilitation Facilities for the care of such persons.
Sec. 22. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging Services Division;
(2) The Administrator of the Health Division;
(3) The State Welfare Administrator;
(4) The Administrator of the Division of Child and Family Services; and
(5) The Administrator of the Division of Health Care Financing and Policy.
(b) Shall administer, through the divisions of the Department [,] and the Office of Disability Services, the provisions of chapters 210, 423, 424, 425, 426A, 427A, 432A to 442, inclusive, 446 to 450, inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and sections 2 to 11, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the Department [,] and the Office of Disability Services, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions [.] or the Office of Disability Services.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
κ2003 Statutes of Nevada, Page 2636 (CHAPTER 429, SB 164)κ
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(e) Has such other powers and duties as are provided by law.
2. The Governor shall appoint the Administrator of the Division of Mental Health and Developmental Services.
Sec. 22.3. NRS 232.920 is hereby amended to read as follows:
232.920 The Director:
1. Shall:
(a) Organize the Department into divisions and other operating units as needed to achieve the purposes of the Department;
(b) Upon request, provide the Director of the Department of Administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons; and
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
2. Is responsible for the administration, through the divisions of the Department, of the provisions of NRS 426.005 to 426.720, inclusive, 426.740, 426.790 and 426.800, and chapters [426, 426A,] 612 and 615 of NRS, and all other provisions of law relating to the functions of the Department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary for the performance of the duties of the Department.
Sec. 22.7. NRS 232.945 is hereby amended to read as follows:
232.945 The Director shall appoint an Administrator of the Rehabilitation Division of the Department. The Administrator:
1. Is in the unclassified service of the State unless federal law or regulation requires otherwise, and serves at the pleasure of the Director.
κ2003 Statutes of Nevada, Page 2637 (CHAPTER 429, SB 164)κ
2. Shall administer the provisions of law set forth in subsection 4, subject to the administrative supervision of the Director.
3. Except as otherwise provided in NRS 284.143, 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. Is responsible for the administration, through the bureaus of the Rehabilitation Division, of the provisions of NRS 232.940 and 232.950 and this section, NRS 426.520 to 426.610, inclusive, and [chapters 426A and] chapter 615 of NRS and all other provisions of law relating to the functions of the Rehabilitation Division and its bureaus, but is not responsible for the professional line activities of the bureaus except as otherwise provided by specific statute.
5. Is responsible for the preparation of a consolidated state plan for the Bureau of Services to the Blind and Visually Impaired, the Bureau of Vocational Rehabilitation and any other program administered by the Rehabilitation Division that he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists that prohibits a consolidated plan.
6. In developing and revising state plans pursuant to subsection 5, shall consider, without limitation:
(a) The amount of money available from the Federal Government for the programs of the Rehabilitation Division;
(b) The conditions attached to the acceptance of that money; and
(c) The limitations of legislative appropriations for the programs.
7. May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the Rehabilitation Division.
Sec. 23. NRS 651.075 is hereby amended to read as follows:
651.075 1. It is unlawful for a place of public accommodation to:
(a) Refuse admittance or service to a person with a visual, aural or physical disability because he is accompanied by a guide dog, hearing dog, helping dog or other service animal.
(b) Refuse admittance or service to a person training such an animal.
(c) Refuse to permit an employee of the place of public accommodation who is training such an animal to bring the animal into:
(1) The place of public accommodation; or
(2) Any area within the place of public accommodation to which employees of the place have access, regardless of whether the area is open to the public.
(d) Refuse admittance or service to a person because he is accompanied by a police dog.
(e) Charge an additional fee for such an animal.
2. A place of accommodation may require proof that an animal is a guide dog, hearing dog, helping dog or other service animal, or that a person is training such an animal. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a trainer of such an animal or to a person with a visual, aural or physical disability upon his graduation from a school for guide dogs, school for hearing dogs, school for helping dogs or other school that is approved by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to train a service animal to provide a specialized service to a [handicapped person.]
κ2003 Statutes of Nevada, Page 2638 (CHAPTER 429, SB 164)κ
Training and Rehabilitation to train a service animal to provide a specialized service to a [handicapped person.] person with a disability.
3. A guide dog, hearing dog, helping dog or other service animal may not be presumed dangerous by reason of the fact it is not muzzled.
4. This section does not relieve:
(a) A person with a disability or a person who trains such an animal from liability for damage caused by his guide dog, hearing dog, helping dog or other service animal.
(b) A person who is accompanied by a police dog from liability for damage caused by the police dog.
5. Persons with disabilities who are accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.
6. Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.
7. For the purposes of this section:
(a) The terms guide dog, hearing dog, helping dog and service animal have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
(b) Police dog means a dog which is owned by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.
Sec. 24. NRS 704.040 is hereby amended to read as follows:
704.040 1. Every public utility shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.
2. Every unjust and unreasonable charge for service of a public utility is unlawful.
3. The Commission may exempt, to the extent it deems reasonable, services related to telecommunication or public utilities which provide telecommunication services from any or all of the provisions of this chapter, upon a determination after hearing that the services are competitive or discretionary and that regulation thereof is unnecessary. For the purposes of this subsection, basic local exchange service and access services provided to interexchange carriers are not discretionary.
4. The Commission shall adopt regulations necessary to establish an alternative plan of regulation of a public utility that provides telecommunication services. The alternative plan may include, but is not limited to, provisions that:
(a) Allow adjustment of the rates charged by a public utility that provides telecommunication services during the period in which the utility elects the alternative plan of regulation.
(b) Provide for flexibility of pricing for discretionary services and services that are competitive.
(c) Specify the provisions of this chapter , [and] chapter 707 of NRS and section 11 of this act that do not apply to a public utility that elects to be regulated under the alternative plan.
5. A public utility that elects to be regulated under the alternative plan established pursuant to subsection 4 is not subject to the remaining provisions of this chapter , [or] chapter 707 of NRS or section 11 of this act to the extent specified pursuant to paragraph (c) of subsection 4.
κ2003 Statutes of Nevada, Page 2639 (CHAPTER 429, SB 164)κ
provisions of this chapter , [or] chapter 707 of NRS or section 11 of this act to the extent specified pursuant to paragraph (c) of subsection 4.
6. All providers of telecommunication services which offer the same or similar service must be subject to fair and impartial regulation, to promote adequate, economical and efficient service.
7. The Commission may provide for the levy and collection of an assessment, in an amount determined by the Commission, from a public utility that provides telecommunication services in order to maintain the availability of telephone service. Assessments levied pursuant to this subsection must be maintained in a separate fund established by the Commission. The Commission shall contract with an independent administrator to administer the fund pursuant to open competitive bidding procedures established by the Commission. The independent administrator shall collect the assessments levied and distribute them from the fund pursuant to a plan which has been approved by the Commission. Money in the fund must be used for the sole purpose of maintaining the availability of telephone service.
8. For the purposes of this section, interexchange carrier means any person providing intrastate telecommunications service for a fee between two or more exchanges.
Sec. 25. NRS 704.145 is hereby amended to read as follows:
704.145 1. It is unlawful for a common carrier or other means of public conveyance or transportation operating in this state to:
(a) Refuse service to a [visually, aurally or physically handicapped] person with a visual, aural or physical disability because he is accompanied by a guide dog, hearing dog, helping dog or other service animal;
(b) Refuse service to a person who is training a guide dog, hearing dog, helping dog or other service animal because he is accompanied by such an animal; or
(c) Charge an additional fee for such an animal.
2. This section does not relieve a [visually, aurally or physically handicapped] person with a visual, aural or physical disability or a person who trains a guide dog, hearing dog, helping dog or other service animal from liability for damage which may be caused by his animal.
3. [Visually, aurally or physically handicapped persons] Persons with visual, aural or physical disabilities accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons without disabilities who are not so [handicapped and] accompanied.
4. For the purposes of this section, the terms guide dog, hearing dog, helping dog and service animal have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
Sec. 26. NRS 706.366 is hereby amended to read as follows:
706.366 1. It is unlawful for a common motor carrier of passengers or other means of public conveyance or transportation operating in this state to:
(a) Refuse service to a [visually, aurally or physically handicapped] person with a visual, aural or physical disability because he is accompanied by a guide dog, hearing dog, helping dog or other service animal;
(b) Refuse service to a person who is training a guide dog, hearing dog, helping dog or other service animal because he is accompanied by such an animal; or
(c) Charge an additional fee for such an animal.
κ2003 Statutes of Nevada, Page 2640 (CHAPTER 429, SB 164)κ
2. This section does not relieve a [visually, aurally or physically handicapped] person with a visual, aural or physical disability or a person who trains a guide dog, hearing dog, helping dog or other service animal from liability for damage which may be caused by his animal.
3. [Visually, aurally or physically handicapped persons] Persons with visual, aural or physical disabilities accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons without disabilities who are not so [handicapped and] accompanied.
4. For the purposes of this section, the terms guide dog, hearing dog, helping dog and service animal have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
Sec. 27. NRS 426.105, 615.173, 615.176 and 707.360 are hereby repealed.
Sec. 28. (Deleted by amendment.)
Sec. 29. Notwithstanding the provisions of sections 8, 9, 21.7 and 27 of this act that transfer the authority to adopt certain regulations from the Department of Employment, Training and Rehabilitation to the Department of Human Resources:
1. Any regulations adopted by the Department of Employment, Training and Rehabilitation pursuant to NRS 615.173 or 615.176 before July 1, 2003, remain in effect and may enforced by the Director of the Department of Human Resources until the Department of Human Resources adopts regulations to replace those regulations of the Department of Employment, Training and Rehabilitation.
2. Any regulations adopted by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426A.070 or 426A.080 before July 1, 2003, remain in effect and may enforced by the Director of the Department of Human Resources until the Department of Human Resources adopts regulations to replace those regulations of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.
Sec. 30. The State Controller shall transfer the money in the account created by NRS 707.360 to the account created by section 11 of this act.
Sec. 30.5. As soon as practicable after July 1, 2003, the Director of the Department of Human Resources shall appoint to the Advisory Committee on Deaf and Hard of Hearing Persons created by section 6.5 of this act:
1. Six members whose terms expire on June 30, 2005; and
2. Five members whose terms expire on June 30, 2006.
Sec. 31. This act becomes effective on July 1, 2003.
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κ2003 Statutes of Nevada, Page 2641κ
Senate Bill No. 502Committee on Finance
CHAPTER 430
AN ACT relating to recreation; extending the reversion date of certain appropriations from previous sessions for park improvements; 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. Section 4 of chapter 536, Statutes of Nevada 1997, as last amended by section 5 of chapter 475, Statutes of Nevada 2001, at page 2385, is hereby amended to read as follows:
Sec. 4. Any remaining balance of the appropriation made by section 1 of chapter 536, Statutes of Nevada 1997:
1. For use as provided in subsections 4, 5, 7 and 9 of that section must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
2. For use as provided in subsections 1, 2, 3, 6 and 8 of that section must not be committed for expenditure after June 30, [2003,] 2005, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. Section 7 of chapter 475, Statutes of Nevada 2001, at page 2385, is hereby amended to read as follows:
Sec. 7. Any remaining balance of the appropriation made by section 6 of this act must not be committed for expenditure after June 30, [2003,] 2005, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
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Senate Bill No. 501Committee on Finance
CHAPTER 431
AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to charge and collect certain new fees relating to the lease or sale of a vehicle; 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 482.423 is hereby amended to read as follows:
482.423 1. When a new vehicle is sold in this state for the first time, the seller shall complete and execute a manufacturers certificate of origin or a manufacturers statement of origin and, unless the vehicle is sold to a licensed dealer, a dealers report of sale.
κ2003 Statutes of Nevada, Page 2642 (CHAPTER 431, SB 501)κ
a manufacturers statement of origin and, unless the vehicle is sold to a licensed dealer, a dealers report of sale. The dealers report of sale must be in a form prescribed by the Department and must include:
(a) A description of the vehicle;
(b) The name and address of the seller; and
(c) The name and address of the buyer.
2. If, in connection with the sale, a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee must be entered on the dealers report of sale and on the manufacturers certificate or statement of origin.
3. Unless an extension of time is granted by the Department, the seller shall:
(a) Collect the [fee] fees set forth in NRS 482.429 for [a] :
(1) A certificate of title for a vehicle registered in this state; and
(2) The processing of the dealers report of sale; and
(b) Within 20 days after the execution of the dealers report of sale:
(1) Submit to the Department the original of the dealers report of sale and the manufacturers certificate or statement of origin ; and [remit the fee]
(2) Remit to the Department the fees collected pursuant to [this subsection for the certificate of title to the Department within 20 days after the execution of the dealers report of sale.] paragraph (a).
4. Upon entering into a contract for the sale of a new vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the Department;
(b) Be made of a material appropriate for use on the exterior of a vehicle;
(c) Be free from foreign materials and clearly visible from the rear of the vehicle; and
(d) Include the date of its expiration.
5. Compliance with the requirements of subsection 4 permits the vehicle to be operated for a period not to exceed 30 days after the execution of the contract. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of the temporary placard, whichever occurs first, the buyer shall remove the temporary placard from the rear of the vehicle.
6. For the purposes of establishing compliance with the period required by paragraph (b) of subsection 3, the Department shall use the date imprinted or otherwise indicated on the dealers report of sale as the beginning date of the 20-day period.
7. Upon execution of all required documents to complete the sale of a vehicle, the dealer shall execute the dealers report of sale and furnish a copy of the report to the buyer not less than 10 days before the expiration of the temporary placard.
Sec. 2. NRS 482.4235 is hereby amended to read as follows:
482.4235 1. If a new vehicle is leased in this state by a long-term lessor, the long-term lessor shall complete and execute a manufacturers certificate of origin or a manufacturers statement of origin, and a long-term lessors report of lease. Such a report must be in a form prescribed by the Department and must include:
κ2003 Statutes of Nevada, Page 2643 (CHAPTER 431, SB 501)κ
(a) A description of the vehicle; and
(b) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.
2. Unless an extension of time is granted by the Department, the long-term lessor shall [submit] , within 20 days after the execution of the long-term lessors report of lease:
(a) Submit to the Department the original of the long-term lessors report of lease and the manufacturers certificate of origin or manufacturers statement of origin [to the Department within 20 days after the execution of the long-term lessors report of lease.] ; and
(b) Collect and remit to the Department the fee set forth in NRS 482.429 for the processing of the long-term lessors report of lease.
3. Upon entering into a lease for a new vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the Department;
(b) Be made of a material appropriate for use on the exterior of a vehicle;
(c) Be free from foreign materials and clearly visible from the rear of the vehicle; and
(d) Include the date of its expiration.
4. Compliance with the requirements of subsection 3 permits the vehicle to be operated for a period not to exceed 30 days after the execution of the lease. Upon issuance of the certificate of registration and license plates for the vehicle or the expiration of the temporary placard, whichever occurs first, the long-term lessee shall remove the temporary placard from the rear of the vehicle.
5. For the purposes of establishing compliance with the period required by subsection 2, the Department shall use the date imprinted or otherwise indicated on the long-term lessors report of lease as the beginning date of the 20-day period.
6. Upon executing all documents necessary to complete the lease of the vehicle, the long-term lessor shall execute the long-term lessors report of lease and furnish a copy of the report to the long-term lessee not less than 10 days before the expiration of the temporary placard.
Sec. 3. NRS 482.424 is hereby amended to read as follows:
482.424 1. When a used or rebuilt vehicle is sold in this state to any person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall complete and execute a dealers or rebuilders report of sale. The dealers or rebuilders report of sale must be in a form prescribed by the Department and must include:
(a) A description of the vehicle, including whether it is a rebuilt vehicle;
(b) The name and address of the seller; and
(c) The name and address of the buyer.
2. If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party must be entered on the dealers or rebuilders report of sale.
3. Unless an extension of time is granted by the Department, the seller shall:
(a) Collect the [fee] fees set forth in NRS 482.429 for [a] :
κ2003 Statutes of Nevada, Page 2644 (CHAPTER 431, SB 501)κ
(1) A certificate of title for a vehicle registered in this state; and
(2) The processing of the dealers or rebuilders report of sale; and
(b) Within 30 days after the execution of the dealers or rebuilders report of sale:
(1) Submit to the Department the original of the dealers or rebuilders report of sale and the properly endorsed certificate of title previously issued for the vehicle; and [remit the fee]
(2) Remit to the Department the fees collected pursuant to [this subsection for the certificate of title to the Department within 30 days after the execution of the dealers or rebuilders report of sale, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle.] paragraph (a).
4. Upon entering into a contract for the sale of a used or rebuilt vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the Department;
(b) Be made of a material appropriate for use on the exterior of a vehicle;
(c) Be free from foreign materials and clearly visible from the rear of the vehicle; and
(d) Include the date of its expiration.
5. Compliance with the requirements of subsection 4 permits the vehicle to be operated for not more than 30 days after the execution of the contract. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of the temporary placard, whichever occurs first, the buyer shall remove the temporary placard from the rear of the vehicle.
6. For the purposes of establishing compliance with the period required by paragraph (b) of subsection 3, the Department shall use the date imprinted or otherwise indicated on the dealers or rebuilders report of sale as the beginning date of the 30-day period.
7. Upon executing all documents necessary to complete the sale of the vehicle, the seller shall execute the dealers or rebuilders report of sale and furnish a copy of the report to the buyer not less than 10 days before the expiration of the temporary placard.
Sec. 4. NRS 482.4245 is hereby amended to read as follows:
482.4245 1. If a used or rebuilt vehicle is leased in this state by a long-term lessor, the long-term lessor shall complete and execute a long-term lessors report of lease. Such a report must be in a form prescribed by the Department and must include:
(a) A description of the vehicle;
(b) An indication as to whether the vehicle is a rebuilt vehicle; and
(c) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.
2. Unless an extension of time is granted by the Department, the long-term lessor shall [submit] , within 30 days after the execution of the long-term lessors report of lease:
(a) Submit to the Department the original of the long-term lessors report of lease [to the Department within 30 days after the execution of the long-term lessors report of lease, together with] and the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle [.] ; and
κ2003 Statutes of Nevada, Page 2645 (CHAPTER 431, SB 501)κ
(b) Collect and remit to the Department the fee set forth in NRS 482.429 for the processing of the long-term lessors report of lease.
3. Upon entering into a lease for a used or rebuilt vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:
(a) Be in a form prescribed by the Department;
(b) Be made of a material appropriate for use on the exterior of a vehicle;
(c) Be free from foreign materials and clearly visible from the rear of the vehicle; and
(d) Include the date of its expiration.
4. Compliance with the requirements of subsection 3 permits the vehicle to be operated for a period not to exceed 30 days after the execution of the lease. Upon issuance of the certificate of registration and license plates for the vehicle or the expiration of the temporary placard, whichever occurs first, the long-term lessee shall remove the temporary placard from the rear of the vehicle.
5. For the purposes of establishing compliance with the period required by subsection 2, the Department shall use the date imprinted or otherwise indicated on the long-term lessors report of lease as the beginning date of the 30-day period.
6. Upon executing all documents necessary to complete the lease of the vehicle, the long-term lessor shall execute the long-term lessors report of lease and furnish a copy of the report to the long-term lessee not less than 10 days before the expiration of the temporary placard.
Sec. 5. NRS 482.426 is hereby amended to read as follows:
482.426 When a used or rebuilt vehicle is sold in this state by a person who is not a dealer or rebuilder, the seller or buyer or both of them shall, within 10 days after the sale [, submit] :
1. Submit to the Department:
[1.] (a) If a certificate of ownership has been issued in this state, the certificate properly endorsed.
[2.] (b) If a certificate of title or other document of title has been issued by a public authority of another state, territory or country:
[(a)] (1) The certificate or document properly endorsed; and
[(b)] (2) A statement containing, if not included in the endorsed certificate or document, the description of the vehicle, including whether it is a rebuilt vehicle, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest. Any such statement must be signed and acknowledged by the seller and the buyer.
[3.] (c) If no document of title has been issued by any public authority, a statement containing all the information and signed and acknowledged in the manner required by subparagraph (2) of paragraph (b) . [of subsection 2.]
2. Remit to the Department the fee set forth in NRS 482.429 for the processing of an endorsed certificate of title or statement submitted to the Department pursuant to this section.
Sec. 6. NRS 482.429 is hereby amended to read as follows:
482.429 For its services under this chapter, the Department shall charge and collect the following fees:
κ2003 Statutes of Nevada, Page 2646 (CHAPTER 431, SB 501)κ
For each certificate of title issued for a vehicle present or registered in this state $20.00
For each duplicate certificate of title issued..................................... 20.00
For each certificate of title issued for a vehicle not present in or registered in this state............................................................................................ 35.00
For the processing of each dealers or rebuilders report of sale submitted to the Department............................................................................. 8.25
For the processing of each long-term lessors report of lease submitted to the Department.................................................................................. 8.25
For the processing of each endorsed certificate of title or statement submitted to the Department upon the sale of a used or rebuilt vehicle in this state by a person who is not a dealer or rebuilder........ 8.25
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Senate Bill No. 496Committee on Finance
CHAPTER 432
AN ACT relating to economic development; revising various provisions governing certain training programs for employees of businesses; providing for the reversion to the State General Fund of certain money administered by the Commission on Economic Development to carry out such training programs; 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 231.141 is hereby amended to read as follows:
231.141 As used in NRS 231.141 to 231.152, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.142 [to 231.146, inclusive,] , 231.143 and 231.146 have the meanings ascribed to them in those sections.
Sec. 2. NRS 231.147 is hereby amended to read as follows:
231.147 1. A person who operates a business or will operate a business in this state may apply to the Commission for approval of a program. The application must be submitted on a form prescribed by the Commission.
2. Each application must include:
(a) The name, address and telephone number of the business;
(b) The number and types of jobs for the business that are available or will be available upon completion of the program;
(c) A statement of the objectives of the proposed program;
(d) The estimated cost for each person enrolled in the program; and
(e) A statement signed by the applicant certifying that, if the program set forth in the application is approved and money is granted by the [Director] Commission to a community college for the program, each employee who completes the program:
κ2003 Statutes of Nevada, Page 2647 (CHAPTER 432, SB 496)κ
(1) Will be employed in a full-time and permanent position in the business; and
(2) While employed in that position, will be paid not less than 80 percent of the lesser of the average industrial hourly wage in:
(I) This state; or
(II) The county in which the business is located,
as determined by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.
3. Upon request, the Commission may assist an applicant in completing an application pursuant to the provisions of this section.
4. Except as otherwise provided in subsection 5, the Commission shall approve or deny each application at the next regularly scheduled meeting of the Commission. When considering an application, the Commission shall give priority to a business that:
(a) Provides high-skill and high-wage jobs to residents of this state; and
(b) To the greatest extent practicable, uses materials for the business that are produced or bought in this state.
5. Before approving an application, the Commission shall establish the amount of matching money that the applicant must provide for the program. The amount established by the Commission for that applicant must not be less than 25 percent of the amount the Commission approves for the program.
6. If the Commission approves an application, it shall notify the applicant, in writing, within 10 days after the application is approved.
7. If the Commission denies an application, it shall, within 10 days after the application is denied, notify the applicant in writing. The notice must include the reason for denying the application.
Sec. 3. NRS 231.149 is hereby amended to read as follows:
231.149 1. The [Director] Commission may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of NRS 231.141 to 231.152, inclusive.
2. Any money the [Director] Commission receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 231.151.
Sec. 4. NRS 231.151 is hereby amended to read as follows:
231.151 1. Any money the [Director] Commission receives pursuant to NRS 231.149 or that is appropriated to carry out the provisions of NRS 231.141 to 231.152, inclusive:
(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and
(b) May only be used to carry out those provisions . [; and
(c) Does not revert to the State General Fund at the end of any fiscal year.]
2. Except as otherwise provided in subsection 3, the balance remaining in the account that has not been committed for expenditure on or before June 30 of a fiscal year reverts to the State General Fund.
3. In calculating the uncommitted remaining balance in the account at the end of a fiscal year, any money in the account that is attributable to a gift, grant, donation or contribution:
(a) To the extent not inconsistent with a term of the gift, grant, donation or contribution, shall be deemed to have been committed for expenditure before any money that is attributable to a legislative appropriation; and
κ2003 Statutes of Nevada, Page 2648 (CHAPTER 432, SB 496)κ
expenditure before any money that is attributable to a legislative appropriation; and
(b) Must be excluded from the calculation of the uncommitted remaining balance in the account at the end of the fiscal year if necessary to comply with a term of the gift, grant, donation or contribution.
4. The [Director] Commission shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.
Sec. 5. NRS 231.152 is hereby amended to read as follows:
231.152 [1. Except as otherwise provided in subsection 2, the Director may adopt such regulations as are necessary to carry out the provisions of NRS 231.141 to 231.152, inclusive.
2.] The Commission may adopt such regulations as are necessary to carry out the provisions of NRS 231.147 . [and 231.148.]
Sec. 6. NRS 231.144, 231.145 and 231.148 are hereby repealed.
Sec. 7. This act becomes effective on July 1, 2003.
________
Senate Bill No. 292Senator Schneider
CHAPTER 433
AN ACT relating to insurance; directing the Legislative Commission to appoint a committee to study the impact of Nevadas industrial insurance program on injured workers, employers and insurers; authorizing the Commissioner of Insurance to conduct a study to review pricing mechanisms for medical professional liability insurance; 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. The Legislative Commission shall appoint a committee consisting of six Legislators to conduct an interim study of the impact of Nevadas industrial insurance program on injured workers, employers and insurers.
2. The Legislative Commission shall appoint to the committee three members of the Senate and three members of the Assembly who are acquainted with the statutory program for industrial insurance in this state.
3. The study must include, without limitation:
(a) An examination of the procedures for resolving contested industrial insurance claims filed by injured workers, the costs to injured workers, employers and insurers in litigating such claims, the effect of the benefit penalty on the resolution of such claims, and the timeliness of resolving such claims;
(b) Consideration of whether it is appropriate to reimburse injured workers for time off of work when they are receiving medical treatment for compensable industrial injuries or illnesses, including the cost of such reimbursement to employers and insurers and the impacts on injured workers of not making such reimbursement;
κ2003 Statutes of Nevada, Page 2649 (CHAPTER 433, SB 292)κ
reimbursement to employers and insurers and the impacts on injured workers of not making such reimbursement;
(c) Consideration of whether it is appropriate to increase benefits retroactively to a claimant or dependant of a claimant who is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability caused by an industrial injury or a disablement from an occupational disease that occurs before July 1, 2004, and if so, consideration of the sources for paying for such increased benefits; and
(d) A review of the impact of legislation enacted during the 2003 Legislative Session on injured workers, employers and insurers.
4. In conducting the study, the committee shall seek information and suggestions from experts in the area of industrial insurance and from various representatives of injured workers, employers and insurers.
5. Any recommended legislation proposed by the committee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly who are appointed to the committee.
6. The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.
Sec. 2. 1. The Commissioner of Insurance may conduct a study to review pricing mechanisms for medical professional liability insurance.
2. If the Commissioner of Insurance conducts a study pursuant to this section, the Commissioner shall submit a report of the results of the study to the Governor and the Legislative Commission.
Sec. 3. This act becomes effective on July 1, 2003.
________
Senate Bill No. 233Committee on Government Affairs
CHAPTER 434
AN ACT relating to water systems; increasing the amount of general obligation bonds that the State Board of Finance may issue to provide grants to publicly owned water systems for capital improvements; 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 349.986 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] $86,000,000 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. 2. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 2650κ
Senate Bill No. 143Committee on Government Affairs
CHAPTER 435
AN ACT relating to public administrators; authorizing a board of county commissioners to examine and audit the money and property entrusted to the care of the public administrator of the county; revising the qualifications for public administrators; 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 244.200 is hereby amended to read as follows:
244.200 The boards of county commissioners shall have power and jurisdiction in their respective counties to examine and audit:
1. The accounts of all officers having the care, management, collection or disbursement of any money belonging to the county or appropriated by law, or otherwise, for its use and benefit; and
2. The money and property entrusted to the care of, and the fees or compensation received by the public administrators of the respective counties in their several official capacities.
Sec. 2. NRS 253.010 is hereby amended to read as follows:
253.010 1. Except as otherwise provided in subsection [3,] 4, public administrators must be elected by the qualified electors of their respective counties.
2. Public administrators must be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the 1st Monday of January [subsequent to] after their election.
3. The public administrator of a county must:
(a) Be a qualified elector of the county;
(b) Be at least 21 years of age on the date he will take office;
(c) Not have been convicted of a felony for which his civil rights have not been restored by a court of competent jurisdiction; and
(d) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.
4. The district attorneys of Lander, Lincoln and White Pine Counties are ex officio public administrators of Lander County, Lincoln County and White Pine County, respectively. The Clerk of Carson City shall serve as Public Administrator of Carson City.
Sec. 3. The amendatory provisions of section 2 of this act apply to public administrators appointed or elected after July 1, 2003.
Sec. 4. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 2651κ
Senate Bill No. 51Committee on Natural Resources
CHAPTER 436
AN ACT relating to state financial administration; extending the date by which certain prerequisites must be satisfied for the State Board of Finance to issue general obligation bonds to assist in the construction of a California Immigrant Trail Interpretive Center in Elko County; authorizing the matching money required from Elko County to be made up of in-kind contributions; 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. Section 1 of chapter 577, Statutes of Nevada 1999, at page 3108, is hereby amended to read as follows:
Section 1. 1. Except as otherwise provided in subsection 3, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $3,000,000. The proceeds of the bonds must be allocated to the Division of State Parks of the State Department of Conservation and Natural Resources to assist in the construction of a California Immigrant Trail Interpretive Center in Elko County.
2. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds and must not exceed 2 percent of the face amount of the bonds sold.
3. The State Board of Finance shall not issue the general obligation bonds pursuant to subsection 1 unless on or before June 30, [2003:] 2007:
(a) The Division of State Parks of the State Department of Conservation and Natural Resources has received commitments of at least:
(1) One million dollars or an equivalent in-kind contribution from Elko County;
(2) Two million dollars from the City of Elko; and
(3) Six million dollars from the Federal Government and other available sources of grant money,
for the construction of the California Immigrant Trail Interpretive Center in Elko County; and
(b) The Federal Government has agreed to own and operate the California Immigrant Trail Interpretive Center in Elko County.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 2652κ
Senate Bill No. 49Committee on Human Resources and Facilities
CHAPTER 437
AN ACT relating to suicide prevention; creating a Statewide Program for Suicide Prevention within the office of the Director of the Department of Human Resources; creating positions within the Statewide Program for Suicide Prevention to coordinate the Statewide Program and to provide training and facilitate networking relating to suicide prevention in certain counties; 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 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. There is hereby created within the office of the Director a Statewide Program for Suicide Prevention. The Department shall implement the Statewide Program for Suicide Prevention, which must, without limitation:
(a) Create public awareness for issues relating to suicide prevention;
(b) Build community networks; and
(c) Carry out training programs for suicide prevention for law enforcement personnel, providers of health care, school employees and other persons who have contact with persons at risk of suicide.
2. The Director shall employ a Coordinator of the Statewide Program for Suicide Prevention. The Coordinator:
(a) Must have at least the following education and experience:
(1) A bachelors degree in social work, psychology, sociology, counseling or a closely related field, and 5 years or more of work experience in behavioral health or a closely related field; or
(2) A masters degree or a doctoral degree in social work, psychology, sociology, counseling, public health or a closely related field, and 2 years or more of work experience in behavioral health or a closely related field.
(b) Should have as many of the following characteristics as possible:
(1) Significant professional experience in social services, mental health or a closely related field;
(2) Knowledge of group behavior and dynamics, methods of facilitation, community development, behavioral health treatment and prevention programs, and community-based behavioral health problems;
(3) Experience in working with diverse community groups and constituents; and
(4) Experience in writing grants and technical reports.
3. The Coordinator shall:
(a) Provide educational activities to the general public relating to suicide prevention;
κ2003 Statutes of Nevada, Page 2653 (CHAPTER 437, SB 49)κ
(b) Provide training to persons who, as part of their usual routine, have face-to-face contact with persons who may be at risk of suicide, including, without limitation, training to recognize persons at risk of suicide and providing information on how to refer those persons for treatment or supporting services, as appropriate;
(c) Develop and carry out public awareness and media campaigns in each county targeting groups of persons who are at risk of suicide;
(d) Enhance crisis services relating to suicide prevention;
(e) Link persons trained in the assessment of and intervention in suicide with schools, public community centers, nursing homes and other facilities serving persons most at risk of suicide;
(f) Coordinate the establishment of local advisory groups in each county to support the efforts of the Statewide Program;
(g) Work with groups advocating suicide prevention, community coalitions, managers of existing crisis hotlines that are nationally accredited or certified, and staff members of mental health agencies in this state to identify and address the barriers that interfere with providing services to groups of persons who are at risk of suicide, including, without limitation, elderly persons, Native Americans, youths and residents of rural communities;
(h) Develop and maintain an Internet or network site with links to appropriate resource documents, suicide hotlines that are nationally accredited or certified, licensed professional personnel, state and local mental health agencies and appropriate national organizations;
(i) Review current research on data collection for factors related to suicide and develop recommendations for improved systems of surveillance and uniform collection of data;
(j) Develop and submit proposals for funding from agencies of the Federal Government and nongovernmental organizations; and
(k) Oversee and provide technical assistance to the person employed to act as a trainer for suicide prevention pursuant to section 3 of this act.
4. As used in this section:
(a) Internet or network site means any identifiable site on the Internet or on a network and includes, without limitation:
(1) A website or other similar site on the World Wide Web;
(2) A site that is identifiable through a Uniform Resource Locator; and
(3) A site on a network that is owned, operated, administered or controlled by a provider of Internet service.
(b) Systems of surveillance means systems pursuant to which the health conditions of the general public are regularly monitored through systematic collection, evaluation and reporting of measurable information to identify and understand trends relating to suicide.
Sec. 3. 1. The Coordinator of the Statewide Program for Suicide Prevention shall employ a person to act as a trainer for suicide prevention and facilitator for networking for Southern Nevada.
2. The trainer for suicide prevention:
(a) Must have at least the following education and experience:
(1) Three years or more of experience in providing education and training relating to suicide prevention to diverse community groups; or
(2) A bachelors degree, masters degree or doctoral degree in social work, public health, psychology, sociology, counseling or a closely related field, and 2 years or more of experience in providing education and training relating to suicide prevention.
κ2003 Statutes of Nevada, Page 2654 (CHAPTER 437, SB 49)κ
related field, and 2 years or more of experience in providing education and training relating to suicide prevention.
(b) Should have as many of the following characteristics as possible:
(1) Significant knowledge and experience relating to suicide and suicide prevention;
(2) Knowledge of methods of facilitation, networking and community-based suicide prevention programs;
(3) Experience in working with diverse community groups and constituents; and
(4) Experience in providing suicide awareness information and suicide prevention training.
3. The trainer for suicide prevention must be based in a county whose population is 400,000 or more.
4. The trainer for suicide prevention shall:
(a) Assist the Coordinator of the Statewide Program for Suicide Prevention in disseminating and carrying out the Statewide Program in the county in which the trainer for suicide prevention is based;
(b) Provide information and training relating to suicide prevention to emergency medical personnel, providers of health care, mental health agencies, social service agencies, churches, public health clinics, school districts, law enforcement agencies and other similar community organizations in the county in which the trainer for suicide prevention is based;
(c) Assist the Coordinator of the Statewide Program for Suicide Prevention in developing and carrying out public awareness and media campaigns targeting groups of persons who are at risk of suicide in the county in which the trainer for suicide prevention is based;
(d) Assist in developing a network of community-based programs for suicide prevention in the county in which the trainer for suicide prevention is based, including, without limitation, establishing one or more local advisory groups for suicide prevention; and
(e) Facilitate the sharing of information and the building of consensuses among multiple constituent groups in the county in which the trainer for suicide prevention is based, including, without limitation, public agencies, community organizations, advocacy groups for suicide prevention, mental health providers and representatives of the various groups that are at risk for suicide.
Sec. 4. The Coordinator of the Statewide Program for Suicide Prevention created by section 2 of this act shall initiate the public awareness and media campaigns for suicide prevention required pursuant to that program in a county whose population is 400,000 or more.
Sec. 5. On or before January 3, 2005, the Director of the Department of Human Resources shall submit a copy of the Statewide Program for Suicide Prevention and a report concerning the status of the Statewide Program for Suicide Prevention to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
Sec. 6. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 2655κ
Senate Bill No. 46Committee on Natural Resources
CHAPTER 438
AN ACT relating to the Lake Tahoe Basin; authorizing the issuance of general obligation bonds to carry out the Environmental Improvement Program; and providing other matters properly relating thereto.
[Approved: June 10, 2003]
Whereas, In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed a Memorandum of Agreement between the Federal Interagency Partnership on the Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe, the Tahoe Regional Planning Agency and interested local governments, in which the parties affirmed their commitment to the Tahoe Regional Planning Compact, to the sound management and protection of the resources within the Lake Tahoe Basin and the support of a healthy, sustainable economy and to achieve environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out, including, without limitation, providing financial support for, the Environmental Improvement Program; and
Whereas, The costs of carrying out the Environmental Improvement Program have been apportioned among the Federal Government, the States of Nevada and California, local governments and owners of private property within both states; and
Whereas, The cost of carrying out the Environmental Improvement Program that is apportioned to the State of Nevada and its political subdivisions is $82,000,000 for the 10-year period that ends in Fiscal Year 2006-07; and
Whereas, For the period between the fiscal year beginning on July 1, 1997, and the fiscal year ending on June 30, 2001, the State of Nevada and its political subdivisions provided $28,800,000 to meet their apportioned commitment, which included:
1. General obligation bonds issued in the face amount of $20,000,000 pursuant to chapter 361, Statutes of Nevada 1995, at page 907, and approved by the voters of this state at the general election held in 1996, to carry out projects for the control of erosion and the restoration of natural watercourses in the Lake Tahoe Basin; and
2. General obligation bonds issued in the face amount of $3,200,000 pursuant to chapter 514, Statutes of Nevada 1999, at page 2627, to carry out the program of environmental improvement projects for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, for the period between the fiscal year beginning on July 1, 1999, and the fiscal year ending on June 30, 2001; and
Whereas, Chapter 514, Statutes of Nevada 1999, created the Fund to Protect the Lake Tahoe Basin in the State General Fund, directed the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources to administer that Fund and directed the Administrator, in cooperation with other state agencies, to coordinate the development and carrying out of a program of environmental improvement projects for the Lake Tahoe Basin; and
κ2003 Statutes of Nevada, Page 2656 (CHAPTER 438, SB 46)κ
Whereas, For the period between the fiscal year beginning on July 1, 2001, and the fiscal year ending on June 30, 2007, chapter 514, Statutes of Nevada 1999, provided that money in an amount not to exceed $53,200,000 would be made available to carry out the program of environmental improvement projects during that period by the issuance of general obligation bonds and legislative appropriation; and
Whereas, Part of the $53,200,000 authorized by chapter 514, Statutes of Nevada 1999, was provided in the form of general obligation bonds issued in the face amount of $16,200,000 pursuant to chapter 302, Statutes of Nevada 2001, at page 1428, to carry out the program of environmental improvement projects for the period between the fiscal year beginning on July 1, 2001, and the fiscal year ending on June 30, 2003; and
Whereas, The general obligation bonds authorized by chapter 514, Statutes of Nevada 1999, may only be issued with the prior approval of the Legislature or the Interim Finance Committee and pursuant to a schedule established by the Administrator of the Division of State Lands; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Legislature hereby finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act:
1. Are necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof; and
2. Constitute an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.
Sec. 2. Money to carry out the program of environmental improvement projects for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, in an amount not to exceed $9,870,000 must be provided for the period between the fiscal year beginning on July 1, 2003, and the fiscal year ending on June 30, 2005, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $9,870,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in this section, must be used as follows:
1. Projects of the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:
(a) Shorezone/Stream Restoration Project.................................. $1,000,000
(b) Forest Restoration Phase III.......................................................... 700,000
(c) Sand Harbor Visitor Center............................................................ 400,000
2. Water Quality, Erosion Control and Stream Restoration/Enhancement Projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements.......................................................... $7,300,000
κ2003 Statutes of Nevada, Page 2657 (CHAPTER 438, SB 46)κ
3. Contingency money to carry out any environmental improvement project funded with money from the Fund to Protect the Lake Tahoe Basin................................................................................................. $470,000
Sec. 3. 1. The Division of State Lands of the State Department of Conservation and Natural Resources may combine the contingency money authorized pursuant to subsection 3 of section 2 of this act with any other contingency money authorized by the Legislature to carry out an environmental improvement project funded with money from the Fund to Protect the Lake Tahoe Basin.
2. If an amount authorized to carry out the projects set forth in section 2 of this act or any other environmental improvement project funded with money from the Fund to Protect the Lake Tahoe Basin is insufficient to allow the completion of the project for which it is authorized, including, without limitation, any monitoring necessary to ensure the continued effectiveness of the project:
(a) The Division of State Lands may, without the prior approval of the Interim Finance Committee, allocate the contingency money authorized pursuant to subsection 3 of section 2, including any money combined therewith pursuant to subsection 1, to carry out an environmental improvement project funded with money from the Fund to Protect the Lake Tahoe Basin, notwithstanding the provisions of section 2 of chapter 302, Statutes of Nevada 2001, at page 1428, and subsection 2 of section 1 of chapter 514, Statutes of Nevada 1999, at page 2627; and
(b) Upon the request of the Division of State Lands of the State Department of Conservation and Natural Resources, the Interim Finance Committee may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another environmental improvement project or projects funded with money from the Fund to Protect the Lake Tahoe Basin by the amount of the increase.
3. The Division of State Lands may use money authorized pursuant to section 2 of this act for a project other than a project listed in section 2 of this act if the Interim Finance Committee approves such a use in writing before the Division of State Lands engages in the project.
Sec. 4. Section 1 of chapter 361, Statutes of Nevada 1995, as amended by chapter 602, Statutes of Nevada 1997, at page 3014, is hereby amended to read as follows:
Section 1. 1. At the general election to be held in the State of Nevada in 1996, there must be submitted to the voters of the state, in the manner prescribed by chapter 349 of NRS, a proposal to issue general obligation bonds of the state to provide grants to local governments and the department of transportation to carry out projects for the control of erosion and the restoration of natural watercourses and other projects in the Lake Tahoe Basin in an amount of not more than $20,000,000.
2. If the proposal is carried, the state board of finance shall issue general obligation bonds of the State of Nevada in a total face amount of not more than $20,000,000. The bonds may be issued at one time or from time to time. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold.
κ2003 Statutes of Nevada, Page 2658 (CHAPTER 438, SB 46)κ
3. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.
Sec. 5. Section 3 of chapter 361, Statutes of Nevada 1995, at page 908, is hereby amended to read as follows:
Sec. 3. After deducting the expenses relating to the issuance of the bonds, the state land registrar may use the proceeds from any bonds issued pursuant to the provisions of section 1 of this act to defray the costs of administering the program for awarding grants [.] and other programs to protect the Lake Tahoe Basin.
Sec. 6. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 544Committee on Ways and Means
CHAPTER 439
AN ACT relating to programs for public employees; establishing for the next biennium the amount to be paid by this state for group insurance for certain public employees, public officers and retired public employees; making appropriations to effect certain increases in the Retired Employees Group Insurance assessment for certain departments, commissions, agencies and the University and Community College System 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. For the purposes of NRS 287.044 and 287.0445 and subsection 1 of NRS 287.046, this states share of the cost of premiums or contributions for group insurance for each public officer or employee who elects to participate in the Public Employees Benefits Program is:
1. For the Fiscal Year 2003-2004, $495.68 per month.
2. For the Fiscal Year 2004-2005, $558.07 per month.
Sec. 2. For the purposes of subsection 2 of NRS 287.046, the base amount for this states share of the cost of premiums or contributions for group insurance for each person who is retired from the service of this state and continues to participate in the Public Employees Benefits Program is:
1. For the Fiscal Year 2003-2004, $280.78 per month.
2. For the Fiscal Year 2004-2005, $316.26 per month.
Sec. 3. 1. To effect an increase of approximately 15.4 percent in the Retired Employees Group Insurance assessment, there is hereby appropriated from the State General Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2003, and ending on June 30, 2004, the sum of $824,391, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees Group Insurance assessment of those departments, commissions and agencies, including the Judicial Branch of State Government.
κ2003 Statutes of Nevada, Page 2659 (CHAPTER 439, AB 544)κ
Group Insurance assessment of those departments, commissions and agencies, including the Judicial Branch of State Government.
2. To effect an increase of approximately 13.3 percent in the Retired Employees Group Insurance assessment, there is hereby appropriated from the State General Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2004, and ending on June 30, 2005, the sum of $806,488, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees Group Insurance assessment of those departments, commissions and agencies, including the Judicial Branch of State Government.
3. The Interim Finance Committee may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section, such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the Retired Employees Group Insurance assessment of the respective departments, commissions and agencies under the increased assessment rates.
Sec. 4. 1. To effect an increase of approximately 15.4 percent in the Retired Employees Group Insurance assessment, there is hereby appropriated from the State Highway Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2003, and ending on June 30, 2004, the sum of $160,868, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees Group Insurance assessment of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority.
2. To effect an increase of approximately 13.3 percent in the Retired Employees Group Insurance assessment, there is hereby appropriated from the State Highway Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2004, and ending on June 30, 2005, the sum of $161,950, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees Group Insurance assessment of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority.
3. The Interim Finance Committee may allocate and disburse to the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority, out of the money appropriated by this section, such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the Retired Employees Group Insurance assessment of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority under the increased assessment rates.
Sec. 5. 1. To effect an increase of approximately 15.4 percent in the Retired Employees Group Insurance assessment, there is hereby appropriated from the State General Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2003, and ending on June 30, 2004, the sum of $194,060, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees Group Insurance assessments of the classified personnel of the University and Community College System of Nevada.
κ2003 Statutes of Nevada, Page 2660 (CHAPTER 439, AB 544)κ
appropriated from the State General Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2003, and ending on June 30, 2004, the sum of $194,060, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees Group Insurance assessments of the classified personnel of the University and Community College System of Nevada.
2. There is hereby appropriated from the State General Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2004, and ending on June 30, 2005, the sum of $187,640 to provide the Retired Employees Group Insurance assessment increase as provided in subsection 1.
3. There is hereby appropriated from the State General Fund to the University and Community College System of Nevada for the fiscal year beginning on July 1, 2003, and ending on June 30, 2004, the sum of $611,835, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees Group Insurance assessments of the professional personnel of the University and Community College System of Nevada.
4. There is hereby appropriated from the State General Fund to the University and Community College System of Nevada for the fiscal year beginning on July 1, 2004, and ending on June 30, 2005, the sum of $600,101 to provide the Retired Employees Group Insurance assessment increase as provided in subsection 3.
Sec. 6. 1. Any balance of the sums appropriated by sections 3, 4 and 5 of this act for the fiscal year beginning on July 1, 2003, and ending on June 30, 2004, does not revert to the State General Fund or State Highway Fund, as appropriate, and is available for the following fiscal year.
2. Any remaining balance of the sums appropriated by sections 3, 4 and 5 of this act must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund or State Highway Fund, as appropriate, as soon as all payments of money committed have been made.
Sec. 7. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 2661κ
Assembly Bill No. 551Committee on Ways and Means
CHAPTER 440
AN ACT relating to the Commission on Ethics; requiring certain local governments to pay periodic assessments for a portion of the costs of operating the Commission; 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. The Legislature hereby finds and declares that:
1. A significant percentage of the workload of the Commission on Ethics relates to public officers and employees of the larger cities and counties in this state; and
2. The proportion of the workload of the Commission that relates to each larger city or county correlates approximately to the proportion that the population of that city or county bears to the population of all the larger cities and counties in this state.
Sec. 2. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each county whose population is more than 10,000 and each city whose population is more than 10,000 and that is located within such a county shall pay an assessment for the costs incurred by the Commission each biennium in carrying out its functions pursuant to NRS 281.411 to 281.581, inclusive. The total amount of money to be derived from assessments paid pursuant to this subsection for a biennium must be determined by the Legislature in the legislatively approved budget of the Commission for that biennium. The assessments must be apportioned among each such city and county based on the proportion that the total population of the city or the total population of the unincorporated area of the county bears to the total population of all such cities and the unincorporated areas of all such counties in this state.
2. On or before July 1 of each odd-numbered year, the Executive Director shall, in consultation with the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, determine for the next ensuing biennium the amount of the assessments due for each city and county that is required to pay an assessment pursuant to subsection 1. The assessments must be paid to the Commission in semi-annual installments that are due on or before August 1 and February 1 of each year of the biennium. The Executive Director shall send out a billing statement to each such city or county which states the amount of the semi-annual installment payment due from the city or county.
3. Any money that the Commission receives pursuant to subsection 2:
(a) Must be deposited in the State Treasury, accounted for separately in the State General Fund and credited to the budget account for the Commission;
κ2003 Statutes of Nevada, Page 2662 (CHAPTER 440, AB 551)κ
(b) May only be used to carry out NRS 281.411 to 281.581, inclusive, and only to the extent authorized for expenditure by the Legislature; and
(c) Does not revert to the State General Fund at the end of any fiscal year.
4. If any installment payment is not paid on or before the date on which it is due, the Executive Director shall make reasonable efforts to collect the delinquent payment. If the Executive Director is not able to collect the arrearage, he shall submit a claim for the amount of the unpaid installment payment to the Department of Taxation. If the Department of Taxation receives such a claim, the Department shall deduct the amount of the claim from money that would otherwise be allocated from the Local Government Tax Distribution Account to the city or county that owes the installment payment and shall transfer that amount to the Commission.
5. As used in this section, population means the current population estimate for that city or county as determined and published by the Department of Taxation and the demographer employed pursuant to NRS 360.283.
Sec. 3. NRS 281.411 is hereby amended to read as follows:
281.411 NRS 281.411 to 281.581, inclusive, and section 2 of this act may be cited as the Nevada Ethics in Government Law.
Sec. 4. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 5. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 555Committee on Ways and Means
CHAPTER 441
AN ACT relating to state employees; establishing the maximum allowed salaries for certain employees in the classified and unclassified service of the State; making appropriations from the State General Fund and State Highway Fund for increases in the salaries of certain employees of the State 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. The following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:
Approximate Annual
Title or Position Salary
1. Governors Office of Consumer Health Assistance:
Chief Ombudsman for Consumer Health Assistance............. $107,433
Ombudsman for Consumer Health Assistance (each) ................ 68,016
κ2003 Statutes of Nevada, Page 2663 (CHAPTER 441, AB 555)κ
2. Office of the Lieutenant Governor:
Chief of Staff ................................................................................... $54,785
Assistant to the Lieutenant Governor (each) ................................ 48,830
Executive Secretary ........................................................................... 35,744
Administrative Secretary (each) ...................................................... 33,045
3. Office of the Secretary of State:
Chief Deputy .................................................................................... $86,153
Deputy Secretary of State, Commercial Recordings.................... 78,319
Deputy Secretary of State, Southern Nevada ............................... 78,319
Deputy Secretary of State, Elections .............................................. 78,319
Deputy Secretary of State ................................................................ 78,319
Executive Assistant............................................................................. 43,990
4. Office of the State Treasurer:
Chief Deputy State Treasurer ........................................................ $86,153
Senior Deputy State Treasurer (each).............................................. 86,153
Assistant Treasurer.............................................................................. 78,319
Deputy State Treasurer, Debt Service ............................................. 78,319
Deputy State Treasurer, Investments ............................................. 78,319
Deputy State Treasurer, Cash Management ................................. 78,319
Executive Director, Millennium Scholarship.................................. 78,319
Administrative Assistant ................................................................... 48,114
Deputy State Treasurer, Unclaimed Property................................ 78,319
5. Office of Controller:
Chief Deputy Controller ................................................................. $86,153
Assistant Controller............................................................................. 65,502
Executive Assistant............................................................................. 39,695
6. Office of the Attorney General:
(a) Attorney Generals Office:
Assistant Attorney General .......................................................... $108,123
Attorney General Counsel for Prosecuting Attorneys, Executive Director 77,580
Solicitor General ............................................................................... 102,507
Ombudsman for Victims of Domestic Violence............................ 51,955
Assistant Solicitor General ................................................................ 89,092
Chief Deputy Attorney General (each)........................................... 97,816
Childrens Advocate........................................................................... 89,092
Senior Deputy Attorney General (each).......................................... 89,092
Deputy Attorney General (each)...................................................... 77,580
Chief, Medicaid Fraud Unit............................................................... 97,816
Chief Deputy, Medicaid Fraud Unit................................................ 67,998
Chief Investigator............................................................................... 69,706
Senior Investigator (each).................................................................. 60,575
Investigator (each).............................................................................. 57,459
Administrative Assistant (each)........................................................ 48,114
Chief Financial Officer....................................................................... 67,319
Legal Researcher (each)..................................................................... 40,166
Supervising Legal Researcher........................................................... 47,803
Chief Deputy Attorney General Workers Comp Fraud.............. 97,816
Executive Director, Technological Crimes...................................... 45,242
Secretary to the Director, Technological Crimes........................... 35,006
Capital Case Coordinator.................................................................. 77,580
Supervising Insurance Fraud Investigator...................................... 60,575
κ2003 Statutes of Nevada, Page 2664 (CHAPTER 441, AB 555)κ
Insurance Investigator (each)......................................................... $57,459
Chief Workers Compensation Fraud Investigator....................... 66,761
Deputy Chief Workers Compensation Fraud Investigator........ 63,505
Senior Workers Compensation Fraud Investigator (each)......... 60,575
Senior Economist................................................................................ 89,092
Regional Chief Deputy Attorney General (each)........................ 102,507
Supervising Senior Deputy Attorney General (each).................... 92,732
(b) Bureau of Consumer Protection:
Senior Investigator (each)............................................................... $60,575
Senior Engineer.................................................................................... 79,561
Economist (each)................................................................................ 76,377
Senior Legal Researcher..................................................................... 47,335
Legal Researcher................................................................................. 40,166
Senior Regulatory Analyst (each).................................................... 74,348
Investigator (each).............................................................................. 57,459
Administrative Assistant.................................................................... 41,161
Chief Deputy Attorney General (each)........................................... 97,816
Regulatory Manager........................................................................... 79,630
Program Specialist............................................................................... 49,375
Technical Staff Manager................................................................... 79,630
Deputy Attorney General (each)...................................................... 77,580
Engineer................................................................................................ 71,737
Senior Deputy Attorney General (each).......................................... 89,092
(c) Private Investigators Licensing Board:
Executive Director............................................................................ $55,717
Investigator.......................................................................................... 57,459
7. Department of Administration:
Director............................................................................................. $107,433
Deputy Budget Administrator........................................................... 96,000
Executive Officer................................................................................ 51,595
Chief, Internal Audits......................................................................... 94,005
Manager, Internal Controls............................................................... 79,630
Chief Assistant Budget Administrator............................................. 74,020
Senior Appeals Officer....................................................................... 97,816
Appeals Officer, Hearings (each)..................................................... 89,092
Hearing Officer (each)........................................................................ 59,109
Chief Assistant, Planning................................................................... 71,064
Director, Clear Creek.......................................................................... 47,916
Administrator, Motor Pool................................................................. 63,043
Manager, State Public Works Board............................................. 101,232
Deputy Manager, State Public Works Board................................. 82,176
Deputy Manager, State Public Works Board................................. 86,622
8. Department of Business and Industry:
Director............................................................................................. $107,433
Deputy Director................................................................................... 61,015
Commissioner of Financial Institutions.......................................... 80,499
Deputy Commissioner, Financial Institutions (each)................... 67,970
Ombudsman, Real Estate.................................................................. 51,685
Certified Public Accountant, Financial Institutions...................... 58,986
Administrator, Manufactured Housing........................................... 64,661
κ2003 Statutes of Nevada, Page 2665 (CHAPTER 441, AB 555)κ
Administrator, Real Estate.............................................................. $67,767
Deputy Administrator, Real Estate.................................................. 54,314
Chief, Consumer Services.................................................................. 91,439
Commissioner, Consumer Affairs.................................................... 73,000
Administrator, Housing...................................................................... 76,667
Deputy Administrator, Housing........................................................ 64,261
Chief Assistant, Housing.................................................................... 49,274
Chief Financial Officer, Housing...................................................... 70,948
Commissioner, Insurance.................................................................. 95,000
Deputy Commissioner, Insurance (each)....................................... 70,000
Lead Actuary, Insurance (each).................................................... 109,846
Taxicab Administrator....................................................................... 74,695
Chairman, Transportation Services Authority............................... 99,537
Chief Transportation Inspector........................................................ 67,447
Commissioner, Transportation Services Authority (each)........... 93,332
Financial Analyst................................................................................ 71,162
Manager, Transportation................................................................... 75,073
Deputy Commissioner........................................................................ 77,101
Administrative Attorney.................................................................... 53,066
Administrator, Industrial Relations.................................................. 87,713
Assistant Administrator, Industrial Relations................................ 77,536
Attorney, Industrial Relations (each).............................................. 77,580
Senior Attorney, Industrial Relations.............................................. 89,092
Assistant Administrator, Industrial Insurance Regulation........... 75,073
Assistant Administrator, Industrial Safety and Health Enforcement 70,946
Assistant Administrator, Preventative Safety................................ 70,579
Assistant Administrator, Mine Inspection...................................... 66,360
Attorney for Injured Workers........................................................... 97,816
Deputy Attorney for Injured Workers............................................. 85,062
Deputy Attorney for Injured Workers (each)................................. 72,649
Deputy Attorney for Injured Workers (each)................................. 85,062
Commissioner, Employee-Management Relations Board.......... 64,202
Secretary, Employee-Management Relations Board................... 38,157
Executive Director, State Dairy Commission................................. 71,406
Labor Commissioner.......................................................................... 71,434
Deputy Labor Commissioner............................................................ 65,175
Chief Assistant Labor Commissioner.............................................. 45,743
Executive Director, Athletic Commission....................................... 90,000
9. State Department of Agriculture:
Director, Agriculture.......................................................................... $85,749
Agriculture, Deputy Director.............................................................. 73,595
Agriculture, Brand Inspection Administrator................................. 58,396
Agriculture, Veterinary Services Administrator.............................. 95,557
Weights and Measures Administrator............................................. 67,757
Agriculture, Plant Industry Administrator....................................... 77,882
10. Commission on Mineral Resources:
Administrator, Minerals................................................................... $91,442
Deputy Administrator, Minerals....................................................... 73,153
Chief for Dangerous Mines............................................................... 59,340
Chief for (Mine) Regulation.............................................................. 65,793
Field Specialist, Minerals (each)....................................................... 50,724
κ2003 Statutes of Nevada, Page 2666 (CHAPTER 441, AB 555)κ
Program Manager, Oil, Gas and Geothermal............................... $84,197
11. State Department of Conservation and Natural Resources:
Director............................................................................................. $107,433
Assistant Director................................................................................ 85,062
Administrator, Environmental Protection.................................... 105,016
State Engineer (Water Resources).................................................. 105,016
State Forester Firewarden.................................................................. 86,266
Administrator, State Parks................................................................. 87,777
Administrator, State Lands............................................................... 76,873
District Supervisor, Water Commissioners, Water Resources..... 59,723
Administrator, Wild Horse Commission......................................... 48,405
11a. Director, Department of Wildlife........................................... $107,433
12. Commission on Economic Development:
Executive Director............................................................................ $94,893
Deputy Director................................................................................... 75,519
Senior Associate, Industrial Development (each)......................... 67,607
Associate, Industrial Development (each)...................................... 56,087
Grant Project Analyst (each)............................................................. 48,696
Director, Film........................................................................................ 75,000
Senior Associate, Film........................................................................ 67,600
Associate, Film (each)........................................................................ 56,087
Program Specialist (each).................................................................. 49,375
13. Department of Education:
Superintendent of Public Instruction.......................................... $107,433
Deputy Superintendent of Instruction, Research and Evaluative Services 86,130
Deputy Superintendent for Administrative and Fiscal Services. 82,028
14. Department of Employment, Training and Rehabilitation:
Director, Employment, Training and Rehabilitation................ $107,433
Chairman, Office of Disability Employment Policy..................... 59,380
Administrator, Rehabilitation Division............................................ 82,285
Chief Auditor....................................................................................... 77,580
Assistant Directors (each).................................................................. 89,074
Administrator, Employment Security.............................................. 88,456
Executive Director, Equal Rights Commission.............................. 70,725
15. State Gaming Control Board:
Chairman, Gaming Control Board.............................................. $120,033
Member, Gaming Control Board (each)....................................... 111,611
Chief, Investigation............................................................................ 88,763
Chief, Enforcement............................................................................ 88,763
Chief, Audit.......................................................................................... 88,763
Chief, Corporate Securities................................................................ 88,763
Chief, Tax and License...................................................................... 88,763
Chief, Administration......................................................................... 88,763
Chief Deputy, Administration .......................................................... 80,694
Executive Secretary, Gaming Control Board................................. 80,694
Manager, Electronics Lab.................................................................. 86,684
Chief, Electronics................................................................................ 94,815
κ2003 Statutes of Nevada, Page 2667 (CHAPTER 441, AB 555)κ
Senior Lab Engineer......................................................................... $82,555
Electronic Lab Engineer (each)......................................................... 78,624
Coordinator, Applicant Services....................................................... 78,494
Chief Deputy, Enforcement (each).................................................. 80,694
Information Service Manager.......................................................... 82,555
Senior Network Specialist.................................................................. 70,818
Network Specialist II.......................................................................... 65,261
Network Specialist I............................................................................ 59,102
Data Management Analyst............................................................... 69,839
System Manager................................................................................. 77,703
Programming Manager...................................................................... 77,703
Programming Supervisor (each)....................................................... 73,191
Chief Deputy, Audit (each)............................................................... 80,694
Chief Deputy, Investigations (each)................................................ 80,694
Chief Deputy, Corporate Securities (each)..................................... 80,694
Chief Deputy, Tax and License (each)........................................... 80,694
Hearings Officer (each)...................................................................... 74,029
Administrative Coordinator.............................................................. 69,839
Personnel Officer................................................................................. 69,839
Financial Officer.................................................................................. 69,839
Supervisor, Investigations (each)..................................................... 73,358
Supervisor, Enforcement (each)....................................................... 73,358
Supervisor, Corporate Securities (each).......................................... 73,358
Supervisor, Audit (each)..................................................................... 73,358
Supervisor, Tax and License (each)................................................. 73,358
Supervisor (each)................................................................................. 73,358
Management Analyst (each)............................................................ 69,839
District Office Manager (each)......................................................... 78,494
Senior Agent, Corporate Securities (each)...................................... 63,515
Senior Agent, Investigation (each)................................................... 63,515
Training Officer................................................................................... 69,839
Senior Agent, Audit (each)................................................................. 63,515
Senior Agent, Tax and License (each)............................................. 63,515
Senior Research Specialist (each)..................................................... 77,703
Senior Agent, Enforcement (each)................................................... 63,515
Agent, Corporate Securities (each)................................................... 57,741
Agent, Audit (each)............................................................................. 57,741
Agent, Investigations (each).............................................................. 57,741
Agent, Enforcement (each)............................................................... 57,741
Agent, Tax and License (each)......................................................... 57,741
Electronics Technician (each)........................................................... 51,454
Senior Program Analyst (each)......................................................... 65,795
Programmer Analyst (each).............................................................. 62,155
Computer Systems Technician......................................................... 43,457
Special Agent (each)........................................................................... 66,690
16. Department of Human Resources:
Director............................................................................................. $107,892
Deputy Director................................................................................... 86,153
Administrator, Health Care Financing and Policy........................ 96,611
Deputy Administrator, Medicaid...................................................... 85,063
Administrator, Health......................................................................... 88,455
State Health Officer......................................................................... 140,678
κ2003 Statutes of Nevada, Page 2668 (CHAPTER 441, AB 555)κ
Medical Program Coordinator, Mental Health Program......... $165,186
Medical Program Coordinator, Statewide Mental Health Services 177,453
Administrator, Mental Health and Developmental Services.... 104,805
Deputy Administrator, Mental Health and Developmental Services 88,788
State Welfare Administrator........................................................... 101,232
Administrator, Child and Family Services...................................... 90,513
Deputy Administrator, Child and Family Services (each)........... 80,674
Administrator, Aging Services .......................................................... 72,967
Deputy Administrator, Aging Services (Las Vegas)...................... 64,347
Deputy Administrator, Aging Services (Carson City)................... 64,347
Chief, Elder Rights.............................................................................. 61,882
Superintendent, Youth Training Center.......................................... 77,412
Superintendent, Caliente Youth Center.......................................... 74,846
Superintendent, Summit View Youth Correctional Center.......... 85,153
Executive Director, Nevada Indian Commission.......................... 59,109
17. Department of Information Technology:
Director............................................................................................. $107,433
Deputy Director................................................................................... 89,640
Chief of Administration..................................................................... 89,347
18. Office of the Military:
Adjutant General.............................................................................. $91,304
19. Department of Motor Vehicles:
Director............................................................................................. $107,433
Deputy Director, Motor Vehicles.................................................... 102,061
20. Department of Public Safety:
Director............................................................................................. $107,433
Deputy Director, Public Safety....................................................... 102,061
Chief Parole and Probation Officer................................................. 97,623
Chairman, Board of Parole Commissioners.................................. 89,983
Parole Board Member (each)............................................................ 71,457
Secretary to Parole Board.................................................................. 51,810
Chief, Emergency Management...................................................... 72,792
State Fire Marshal............................................................................... 81,876
21. Department of Cultural Affairs:
Director............................................................................................... $90,247
Administrator, Museums and History............................................. 77,721
22. Department of Personnel:
Director............................................................................................... $92,000
Equal Employment Opportunity Officer........................................ 62,055
23. Department of Corrections:
Director............................................................................................. $107,433
Medical Director................................................................................ 166,735
Correctional Programs Coordinator................................................. 97,802
24. Office of the State Public Defender:
State Public Defender....................................................................... $97,816
Supervising Public Defender (office)............................................... 89,092
Supervising Public Defender (trial) (each)....................................... 85,062
Supervising Public Defender (appeals) (each)................................ 85,062
κ2003 Statutes of Nevada, Page 2669 (CHAPTER 441, AB 555)κ
Deputy Public Defender (each)...................................................... $72,649
Deputy Public Defender, Appellate (each)..................................... 72,649
Investigator (each).............................................................................. 51,303
25. Public Utilities Commission of Nevada:
Chairman........................................................................................... $99,537
Public Utilities Commissioner (each)............................................... 93,332
Senior Financial Analyst.................................................................... 71,162
Financial Analyst (each).................................................................... 71,162
Staff Counsel....................................................................................... 93,344
Assistant Staff Counsel (each)......................................................... 89,092
Senior Policy Advisor, Telecommunications.................................. 74,783
Supervisor, Consumer Complaint Resolution................................ 61,961
Legal Counsel...................................................................................... 93,547
Manager, Safety and Quality Assurance........................................ 82,949
Manager, Systems Operation............................................................ 71,162
Public Education and Statistical Analysis Officer (each)............ 58,262
Administrative Attorney (each)........................................................ 54,157
Manager, Resource and Market Analysis...................................... 85,749
Engineer, Water................................................................................... 71,162
Engineer, Electric (each)..................................................................... 74,783
Senior Gas Pipeline Engineer............................................................. 75,074
Engineer, Gas Pipeline (each)............................................................ 71,162
Senior Engineering Analyst ............................................................... 63,769
Manager, Policy Analysis.................................................................. 82,949
Director, Regulatory Operations....................................................... 93,332
Manager, Consumer Complaint Resolution.................................. 76,634
Senior Analyst ..................................................................................... 63,769
Rural Consumer Representative...................................................... 57,535
Manager, Tariffs and Compliance.................................................. 77,101
Commission Secretary....................................................................... 80,939
Assistant Commission Secretary...................................................... 71,162
Senior Regulatory Economist........................................................... 76,377
Regulatory Economist (each)........................................................... 76,377
Commission Policy Advisory (each)................................................ 78,522
Senior Utility Analyst (each)............................................................. 63,769
Resource Planning Engineer.............................................................. 71,162
Assistant General Counsel (each)..................................................... 89,092
Legal Case Manager........................................................................... 49,769
Hearings Officer ................................................................................. 89,092
26. Department of Taxation:
Executive Director.......................................................................... $107,433
Deputy Executive Director (each).................................................... 77,063
27. Commission on Tourism:
Executive Director............................................................................ $94,893
Deputy Operations and Finance....................................................... 72,223
Public Information Officer................................................................ 69,676
Development Specialist II, Tourism (each).................................... 67,607
Development Specialist, Tourism (each)........................................ 63,477
Project Analyst, Tourism................................................................... 48,696
Development Specialist, Nevada Magazine.................................. 56,232
Editor Publisher, Nevada Magazine................................................ 76,812
Associate Editor................................................................................... 42,171
κ2003 Statutes of Nevada, Page 2670 (CHAPTER 441, AB 555)κ
Managing Editor, Publications....................................................... $59,044
Market and Promotion Manager, Publications............................. 42,171
Production Manager........................................................................... 47,595
Art Director (each)............................................................................... 50,290
28. Department of Transportation:
Director............................................................................................. $107,433
Deputy Director (each)..................................................................... 101,717
Hearings Officer.................................................................................. 63,769
29. Supreme Court:
Supervisory Staff Attorney (each).............................................. $108,123
Deputy Supervisory Staff Attorney................................................. 93,344
Chief Assistant Clerk.......................................................................... 93,344
Chief Clerk......................................................................................... 108,123
Chief Deputy Clerk............................................................................. 63,234
Court Administrator......................................................................... 100,033
Deputy Court Administrator (each)................................................. 82,345
Principal Staff Attorney (each)......................................................... 85,062
Staff Attorney (each)......................................................................... 77,580
Law Librarian...................................................................................... 84,788
Senior Law Clerk (each)..................................................................... 50,171
30. Colorado River Commission of Nevada:
Director............................................................................................. $114,851
Deputy Director................................................................................. 109,200
Special Assistant ................................................................................. 76,668
Division Head, Power....................................................................... 104,064
Division Head, Water....................................................................... 104,064
Administrative Services Officer...................................................... 104,064
Office Manager................................................................................... 57,200
Senior Energy Accountant................................................................. 78,000
Natural Resource Specialist (each).................................................. 90,480
Environmental Program Manager................................................... 93,600
Network Administrator....................................................................... 67,600
Power Supply Manager...................................................................... 93,600
Assistant Director Engineering and Operations........................... 104,000
Assistant Director Energy Information Systems........................... 93,600
Power Facilities Manager................................................................... 93,600
Power Facilities Communication Technician................................. 72,800
Senior Power Facilities Electrician (each)........................................ 72,800
Senior Power Facilities Engineer....................................................... 90,000
Power Facilities Engineer ................................................................... 83,200
Power Facilities Electrician................................................................ 67,600
Hydropower Program Manager........................................................ 98,800
Assistant Hydropower Program Manager...................................... 88,400
Natural Resource Technician (each)............................................... 65,000
31. WICHE:
Director............................................................................................... $66,082
32. Commission on Judicial Discipline:
General Counsel.............................................................................. $122,508
33. Ethics Commission:
Executive Director............................................................................ $81,459
Counsel, Ethics Commission............................................................. 77,580
κ2003 Statutes of Nevada, Page 2671 (CHAPTER 441, AB 555)κ
34. Public Employees Benefits Program:
Executive Officer............................................................................ $104,064
Executive Assistant............................................................................. 60,127
Quality Control Officer...................................................................... 77,471
Operations Officer............................................................................... 86,720
Accounting Officer.............................................................................. 75,158
Information Technology Systems Officer...................................... 78,626
Financial Analyst................................................................................ 66,601
35. Veterans Services:
Director, Veterans Home................................................................ $80,914
Nevada Commissioner for Veteran Services................................. 59,608
Nevada Deputy Commissioner for Veteran Services .................. 48,830
36. Peace Officers Standards and Training:
Executive Director............................................................................ $78,185
Sec. 2. 1. If any unclassified position is omitted from this act for the Fiscal Years 2003-2004 and 2004-2005, the Department of Personnel shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.
2. The Interim Finance Committee may establish the title and salary for any positions affected by reorganization pursuant to legislation enacted by the 72nd Session of the Nevada Legislature.
Sec. 3. The approximate maximum salaries as set forth in sections 1 and 2 of this act shall be increased by 2 percent effective July 1, 2004.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada, including the Judicial Branch of government, which receives part or all of its funding from the State General Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose:
For the Fiscal Year 2004-2005..................................................... $874,112
2. There is hereby appropriated from the State Highway Fund to the State Board of Examiners for reimbursement to a state agency which receives part or all of its funding from the State Highway Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose:
For the Fiscal Year 2004-2005....................................................... $19,188
3. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse from the appropriate fund to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which, when added to the money otherwise appropriated or available, equals the amount of money required to pay the salaries of the classified employees of the respective departments, commissions and agencies under the adjusted pay plan.
κ2003 Statutes of Nevada, Page 2672 (CHAPTER 441, AB 555)κ
Sec. 5. 1. The State Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as electronic laboratory engineer and possess a Bachelor of Science or higher degree in engineering, electronic engineering, or computer science and utilize, in the opinion of the board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.
2. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $197,500 for the Fiscal Year 2003-2004 and $212,500 for the Fiscal Year 2004-2005 for the additional cost of subsection 1 of this section.
Sec. 6. 1. Except as otherwise provided in this act, to effect increases in salaries of approximately 2 percent, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal period beginning July 1, 2004, and ending June 30, 2005, the sum of $4,644,826 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 72nd Session of the Legislature and the requirements for salaries of the classified personnel of those departments, commissions and agencies, including the judicial branch of government, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2004.
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 7. There is hereby appropriated from the State General Fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada which receives part or all of its funding from the State General Fund, for the difference between the maximum allowed in section 8 of this act and the amount budgeted for that purpose:
For the Fiscal Year 2004-2005..................................................... $206,564
Sec. 8. 1. Employees filling the following positions in the classified service may receive annual salaries not to exceed the following specified amounts, effective July 1, 2003:
Approximate Annual
Title or Position Salary
Senior Physician (Range A)................................................................. $120,552
Senior Physician (Range B)................................................................... 130,798
Senior Physician (Range C)................................................................... 135,584
Senior Psychiatrist (Range A)................................................................ 130,798
κ2003 Statutes of Nevada, Page 2673 (CHAPTER 441, AB 555)κ
Senior Psychiatrist (Range B)............................................................. $135,582
Senior Psychiatrist (Range C)................................................................ 154,123
State Health Officer (Range A)............................................................ 135,582
State Health Officer (Range B)............................................................ 138,128
State Health Officer (Range C)............................................................ 140,678
Senior Institutional Dentist (Range A)................................................. 106,912
Senior Institutional Dentist (Range B)................................................. 120,626
Medical Director (State laboratory)..................................................... 135,582
Veterinary Diagnostician.......................................................................... 78,309
Senior Veterinary Diagnostician............................................................. 81,334
Veterinary Supervisor (Animal Disease Laboratory).......................... 84,522
Pharmacist 3............................................................................................ 104,958
Pharmacist 2............................................................................................... 95,416
Pharmacist 1............................................................................................... 86,742
As used in this section, a Senior Psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology. A Senior Psychiatrist (Range A) is a psychiatrist not so certified or eligible.
2. The maximum annual salary for the positions listed in subsection 1, except those whose salaries have been retained, shall be increased by 2 percent effective July 1, 2004.
Sec. 9. 1. To effect increases in salaries of approximately 2 percent, there is hereby appropriated from the State Highway Fund to the State Board of Examiners for the fiscal period beginning July 1, 2004, and ending June 30, 2005, the sum of $1,602,529 for the purpose of meeting any deficiencies which may exist between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority as fixed by the 72nd Session of the Legislature and the requirements for salaries of classified personnel of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 2004.
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the Department of Motor Vehicles, the Department of Public Safety and the Transportation Services Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salaries of the classified employees of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority under the adjusted pay plan.
Sec. 10. 1. To effect increases in salaries of approximately 2 percent, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal period beginning July 1, 2004, and ending June 30, 2005, the sum of $1,860,054 for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 72nd Session of the Legislature and the requirements for salaries of the classified personnel of the University and Community College System of Nevada necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 2004.
κ2003 Statutes of Nevada, Page 2674 (CHAPTER 441, AB 555)κ
necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 2004.
2. There is hereby appropriated from the State General Fund to the University and Community College System of Nevada for the fiscal year beginning July 1, 2004, and ending June 30, 2005, the sum of $6,110,838 for the purpose of increasing the salaries of the professional employees of the University and Community College System of Nevada, except those employees whose salaries have been retained, to become effective July 1, 2004.
3. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the University and Community College System of Nevada out of the money appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the University and Community College System of Nevada under the adjusted pay plan.
Sec. 11. Any balance of that money appropriated in sections 4, 5, 6, 7, 9 and 10 must not be committed for expenditure after June 30, 2005, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.
Sec. 12. 1. To effect increases in salaries of approximately 2 percent, there is hereby appropriated from the State General Fund to the Legislative Fund for the fiscal year beginning July 1, 2004, and ending June 30, 2005, the sum of $342,548 for the purpose of meeting any deficiencies which may be created between the appropriated money as fixed by the 72nd Session of the Legislature and the requirements for salaries of the employees of the Legislative Counsel Bureau and of interim legislative operations, except those employees whose salaries have been retained, to become effective July 1, 2004.
2. Any balance of the money appropriated in this section must be carried forward for use in the next legislative session and does not revert to the State General Fund.
Sec. 13. The State Board of Examiners shall allocate from the amounts appropriated by section 6 of this act to the Tahoe Regional Planning Agency to provide for Nevadas share of a 2 percent salary increase which takes effect on July 1, 2004, the sum of not more than $33,542 for the Fiscal Year 2004-2005. The amounts transferred must not be utilized to increase an employees base salary unless the State of California provides the required 2 for 1 matching funds. Any amounts provided to the Tahoe Regional Planning Agency should California not provide matching funds must be used as a one-time salary bonus.
Sec. 14. 1. Money in subsection 1 of section 4, sections 6 and 7 and subsection 1 of section 10 of this act can be transferred among each section to finance the 2 percent salary increase authorized on July 1, 2004.
2. Money in subsection 2 of section 4 and section 9 of this act can be transferred among each section to finance the 2 percent salary increase authorized on July 1, 2004.