2005 Statutes of Nevada, Pages 1301-1398

[Rev. 2/8/2019 9:25:44 AM]

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ê2005 Statutes of Nevada, Page 1301 (CHAPTER 347, SB 332)ê

For each renewal of a license as a sales agent.................................. $175

For each penalty for a late renewal of a license as a sales agent....... 75

For each change of name or address....................................................... 20

For each duplicate license, permit or registration where the original is lost or destroyed, and an affidavit is made thereof................................... 20

For each annual approval of a course of instruction offered in preparation for an original license or permit................................................................... 100

For each original accreditation of a course of continuing education 100

For each renewal of accreditation of a course of continuing education..... 50

2. Each developer shall pay an additional fee for each time share he sells in a time-share plan over 50 pursuant to the following schedule:

Amount to be

Number of time shares paid per time share

51 — 250............................................................................................... $5.00

251 — 500................................................................................................. 4.00

501 — 750................................................................................................. 3.00

751 — 1500................................................................................................. 2.50

over 1500................................................................................................. 1.00

3. Except for the fees relating to the registration of a representative, the Administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.

4. The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:

(a) Any examination for a license, including any costs which are necessary for the administration of such an examination.

(b) Any investigation of a person’s background.

Sec. 32. The amendatory provisions of subsection 3 of section 24 of this act do not apply to any act or omission to act that:

1. Is a ground to commence a proceeding pursuant to that subsection; and

2. Is committed more than 3 years before October 1, 2005.

Sec. 33. 1. This section and sections 12, 13, 18, 25 and 27 of this act become effective upon passage and approval.

2. Section 3 of this act becomes effective upon passage and approval for the purpose of taking such actions as are necessary to prepare the booklet on disclosures described in section 3 of this act and on July 1, 2006, for all other purposes.

3. Sections 1, 2, 4, 7, 9, 11, 15, 16, 17, 20, 22, 23, 24, 26, 29, 31 and 32 of this act become effective on October 1, 2005.

4. Sections 5, 6 and 8 of this act become effective on January 1, 2006.

5. Sections 9, 13, 18, 20, 27 and 29 of this act expire 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:

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ê2005 Statutes of Nevada, Page 1302 (CHAPTER 347, SB 332)ê

suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

6. Sections 10, 14, 19, 21, 28 and 30 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to a 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,

Ê are repealed by the Congress of the United States.

________

CHAPTER 348, AB 201

Assembly Bill No. 201–Assemblymen Horne, Pierce, Leslie, Giunchigliani, Parks, Allen, Anderson, Atkinson, Buckley, Carpenter, Conklin, Denis, Gerhardt, Goicoechea, Grady, Hettrick, Hogan, Kirkpatrick, Koivisto, Marvel, Oceguera, Ohrenschall, Perkins, Sherer and Smith (by request)

Joint Sponsors: Senators Wiener, Horsford, Carlton, Care, Beers, Coffin, Heck and Lee

CHAPTER 348

AN ACT relating to residential property; providing for the participation of certain nonprofit organizations in programs for the rehabilitation of residential neighborhoods and abandoned residential property; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 279A.010 is hereby amended to read as follows:

279A.010 The Legislature hereby finds and declares that:

1. There exists within the urban areas of this State a large number of deteriorated, substandard and unsanitary residential properties because of the inability of their owners, for whatever reason, to pay for their repair and maintenance;

2. These properties are a threat not only to the health, safety and well being of the persons who occupy them but also to neighboring persons and property;

3. There is also a shortage of decent, safe and affordable housing for persons of low or moderate income and the counties and cities of this State have an obligation to encourage persons who own residential property to maintain that property in a decent, safe and sanitary condition; [and]

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ê2005 Statutes of Nevada, Page 1303 (CHAPTER 348, AB 201)ê

have an obligation to encourage persons who own residential property to maintain that property in a decent, safe and sanitary condition; [and]

4. It is in the public interest to encourage the preservation and maintenance of housing in this State for persons of low or moderate income, in order to improve their living conditions and, in doing so, to benefit the health, safety and welfare of the people of this State [.] ; and

5. The provisions of this chapter are in addition to, and do not abrogate or limit the application of, any other provisions of law granting to a county or city the authority to:

(a) Develop affordable housing; and

(b) Rehabilitate residential neighborhoods and individual properties within those neighborhoods.

Sec. 2. NRS 279A.030 is hereby amended to read as follows:

279A.030 1. The governing body of a county or city may adopt an ordinance establishing a program for the rehabilitation of residential neighborhoods in that county or city.

2. The ordinance must contain provisions:

(a) Establishing an agency, or designating an existing agency, of the county or city to administer the program.

(b) Creating a revolving fund for loans for the rehabilitation of residential property and designating the amount of the original allocation of money by the governing body for the fund.

(d) Providing the maximum amount of a loan from the fund and the period and rate of interest of each loan.

(e) Setting forth the criteria for determining the eligibility of an applicant for a loan and of property for rehabilitation.

(f) Setting forth that, with respect to a residential property rehabilitated pursuant to this chapter, the monthly mortgage payment or monthly rent, as applicable, must not, during the term of any loan made pursuant to this chapter, exceed 50 percent of the gross monthly income of the household occupying the residential property.

(g) Establishing such other requirements for participation in the program as the governing body considers necessary.

Sec. 3. NRS 279A.040 is hereby amended to read as follows:

279A.040 1. An applicant for a loan for the rehabilitation of residential property must, at the time application is made:

(a) Be a natural person who:

(1) Is a resident of or an owner of residential property in the city or an unincorporated area of the county, as the case may be [.

(b) Be] ;

(2) Is a member of a household having a gross income of less than 80 percent of the median gross income for households of the same size [within] residing in the same [geographic area or rent] county or city, as applicable, as that percentage is defined by the United States Department of Housing and Urban Development, or rents residential property to such households [.

(3) Owns and resides on or [rent] rents for residential purposes only the property for which the loan is sought [.

(d) Have] ; (4) Has the financial resources to repay the loan in accordance with the terms of the agreement [.

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ê2005 Statutes of Nevada, Page 1304 (CHAPTER 348, AB 201)ê

(4) Has the financial resources to repay the loan in accordance with the terms of the agreement [.

(e) Have] ;

(5) Has the ability to complete the rehabilitation within a reasonable time and maintain the property in a decent, safe and sanitary condition [.

(f) Meet] ; and

(6) Meets such other requirements as are imposed by the governing body [.] ; or

(b) Be an organization that:

(1) Is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3) or 501(c)(4);

(2) Provides affordable housing to natural persons who meet the criteria set forth in subparagraphs (1) and (2) of paragraph (a); and

(3) Has the financial resources to repay the loan in accordance with the terms of the agreement.

2. Any residential property for which a loan for rehabilitation is sought must be:

(a) Entirely situated within the boundaries of the city or within an unincorporated area of the county, as the case may be ; [.]

(b) Capable of rehabilitation within reasonable limits [.] ; and

Sec. 4. NRS 279A.050 is hereby amended to read as follows:

279A.050 1. Upon receiving an application for a loan for the rehabilitation of residential property, the agency shall:

(a) Inspect the property to determine if rehabilitation of the property is feasible [.] ; and

(b) Determine the amount of the loan that the condition of the property justifies.

2. After inspection of the property, the agency shall interview the applicant or, if the applicant is an organization described in paragraph (b) of subsection 1 of NRS 279A.040, the representative of the organization, to determine if the applicant satisfies the criteria for eligibility for a loan and, if [he] the applicant satisfies those criteria, the amount, terms and conditions of the loan.

3. The agency shall recommend to the governing body the amount of the loan, if any, and the terms and conditions of the loan.

Sec. 5. NRS 279A.060 is hereby amended to read as follows:

279A.060 If the governing body approves the application for a loan, the loan must be:

1. Evidenced by a promissory note, the principal amount of which must be equal to the amount of the loan, secured by a mortgage on the property [.] ; and

2. Made pursuant to an agreement between the county or city and the natural person or organization to whom the loan is made, identifying the property, specifying the amount and period of, and rate of interest on, the loan and providing that:

(a) The property must be rehabilitated for decent, safe and sanitary residential use; and

(b) The rehabilitation must begin and be completed within a period determined by the governing body.

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ê2005 Statutes of Nevada, Page 1305 (CHAPTER 348, AB 201)ê

Sec. 6. NRS 279A.070 is hereby amended to read as follows:

279A.070 1. A natural person to whom a loan is made pursuant to this chapter shall:

(a) Maintain the property in a decent, safe and sanitary condition; and

(b) Reside, or have a member of his family reside, on the property.

2. An organization to which a loan is made pursuant to this chapter shall maintain the property in a decent, safe and sanitary condition.

3. If the natural person or organization to whom a loan is made is unable to repay in accordance with the established schedule, the governing body may defer, upon good cause shown, repayment of the amount of the loan until the sale of the rehabilitated property.

Sec. 7. NRS 279A.100 is hereby amended to read as follows:

279A.100 If at any time the aggregate amount represented by pending applications from qualified applicants for loans for the rehabilitation of residential property exceeds the amount available in the fund, the governing body shall give preference to [those applicants] :

1. Applicants who are members of households having a gross income that is 50 percent or less of the median gross income for households of the same size within the same geographic area [.] ; and

2. Applicants that are organizations which serve natural persons described in subsection 1.

Sec. 8. NRS 279B.010 is hereby amended to read as follows:

279B.010 The Legislature hereby finds and declares that:

1. There exists within the urban areas of this State a large number of deteriorated, substandard and unsanitary residential properties which have been abandoned by their owners;

2. These properties are a threat to the health, safety and well-being of the persons occupying neighboring properties;

3. There is also a shortage of decent, safe and affordable housing for persons of low or moderate income and the counties and cities of this State have an obligation to provide such persons with an opportunity to obtain residential property; [and]

5. The provisions of this chapter are in addition to, and do not abrogate or limit the application of, any other provisions of law granting to a county or city the authority to:

(a) Develop affordable housing; and

(b) Rehabilitate abandoned residential properties.

Sec. 9. NRS 279B.040 is hereby amended to read as follows:

279B.040 1. An applicant for rehabilitation of abandoned residential property must, at the time application is made:

(a) Be a natural person who:

(1) Is a resident of the city or an unincorporated area of the county, as the case may be;

[(b) Be]

(2) Is a member of a household having a gross income of less than 80 percent of the median gross income for households of the same size [within] residing in the same [geographic area;

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ê2005 Statutes of Nevada, Page 1306 (CHAPTER 348, AB 201)ê

(c) Intend] county or city, as applicable, as that percentage is defined by the United States Department of Housing and Urban Development;

(3) Intends to reside on the abandoned residential property for which the rehabilitation is sought;

[(d) Have]

(4) Has the financial resources to rehabilitate the abandoned residential property in accordance with the terms of the agreement;

[(e) Have]

(5) Has the ability to complete the rehabilitation within a reasonable time and maintain the property in a decent, safe and sanitary condition; and

[(f) Meet]

(6) Meets such other requirements as are imposed by the governing body [.] ; or

(b) Be an organization that:

(1) Is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3) or 501(c)(4);

(2) Provides affordable housing to natural persons who meet the criteria set forth in subparagraphs (1) and (2) of paragraph (a); and

(3) Has the financial resources to rehabilitate the abandoned residential property in accordance with the terms of the agreement.

2. Any abandoned residential property for which an application for the rehabilitation is sought must be:

(a) Entirely situated within the boundaries of the city or within an unincorporated area of the county, as the case may be;

(b) Capable of rehabilitation within reasonable limits; and

Sec. 10. NRS 279B.050 is hereby amended to read as follows:

279B.050 1. Upon receiving an application for rehabilitation of abandoned residential property, the agency shall inspect the property to determine if rehabilitation of the property is feasible.

2. After inspection of the property, the agency shall interview the applicant or, if the applicant is an organization described in paragraph (b) of subsection 1 of NRS 279B.040, the representative of the organization, to determine if the applicant satisfies the criteria for eligibility for the rehabilitation of abandoned residential property and, if [he] the applicant satisfies those criteria, the terms and conditions of the agreement to rehabilitate the property.

3. The agency shall recommend to the governing body the terms and conditions of the agreement.

Sec. 11. NRS 279B.070 is hereby amended to read as follows:

279B.070 1. A natural person to whom title to abandoned residential property is conveyed pursuant to this chapter shall:

[1.] (a) Maintain the property in a decent, safe and sanitary condition; and

[2.] (b) Reside on the property.

2. An organization to which title to abandoned residential property is conveyed pursuant to this chapter shall maintain the property in a decent, safe and sanitary condition.

Sec. 12. NRS 279B.090 is hereby amended to read as follows:

279B.090 If at any time the number of pending applications from qualified applicants for the rehabilitation of abandoned residential property exceeds the number of abandoned properties available for rehabilitation, the governing body shall give preference to [those applicants] :

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ê2005 Statutes of Nevada, Page 1307 (CHAPTER 348, AB 201)ê

exceeds the number of abandoned properties available for rehabilitation, the governing body shall give preference to [those applicants] :

1. Applicants who are members of households having a gross income that is 50 percent or less of the median gross income for households of the same size within the same geographic area [.] ; and

2. Applicants that are organizations which serve natural persons described in subsection 1.

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CHAPTER 349, SB 397

Senate Bill No. 397–Committee on Natural Resources

CHAPTER 349

AN ACT relating to wildlife; increasing the number of demerit points a person is allowed to accumulate before the Department of Wildlife is required to notify the person; increasing the period of suspension or revocation of a license, permit or privilege for the unlawful killing of certain big game; revising the provisions governing the disposition by the Department of seized or abandoned property; revising the provisions governing the employment and use of guides for wildlife activities; providing penalties; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. An employee of the Department may take any wildlife from any place, except private property without lawful authority, and in any manner for any purpose determined by the Director to be in the interest of conserving wildlife in this State if the taking of the wildlife complies with the requirements established by the United States Fish and Wildlife Service or any other agency of the Federal Government.

Sec. 3. 1. If a person who holds:

(a) A license, tag or permit issued by the Department to engage in any activity authorized or regulated by this title or by a regulation adopted pursuant thereto; or

(b) A certificate of number issued by the Department,

Ê violates a written promise to appear pursuant to a citation that was prepared manually or electronically for a violation of a provision of this title, chapter 488 of NRS or any regulation adopted pursuant thereto, the clerk of the court shall immediately notify the Department on a form approved by the Department.

2. Upon receipt of notice from a court in this State of a failure to appear, the Department shall notify the person by certified mail that his license, tag, permit or certificate of number is subject to suspension and allow him 30 days after the date of mailing the notice to:

(a) Appear in court and obtain a dismissal of the citation or complaint as provided by law;

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ê2005 Statutes of Nevada, Page 1308 (CHAPTER 349, SB 397)ê

(b) Appear in court and, if permitted by the court, make an arrangement acceptable to the court to satisfy a judgment of conviction; or

3. If notified by a court within 30 days after the notice of a failure to appear that a person has been allowed to make an arrangement for the satisfaction of a judgment of conviction, the Department shall remove the suspension from the record of the person. If the person subsequently defaults on his arrangement with the court, the court shall notify the Department which shall immediately suspend the license, tag, permit or certificate of number until the court notifies the Department that the suspension may be removed.

4. The Department shall suspend the license, tag, permit or certificate of number of a person 31 days after the Department mails him the notice provided for in subsection 2, unless within that period the Department receives a written request for a hearing from the person or notice from the court on a form approved by the Department that the person has appeared or the citation or complaint has been dismissed. A license, tag, permit or certificate of number so suspended remains suspended until further notice is received from the court that the person has appeared or that the case has been otherwise disposed of as provided by law.

Sec. 4. 1. If a person who does not hold:

(a) A license, tag or permit issued by the Department to engage in any activity authorized or regulated by this title or by a regulation adopted pursuant thereto; or

(b) A certificate of number issued by the Department,

2. Such a person may not apply to the Department for a license, tag, permit or certificate of number until the Department receives notice from the court that the person has appeared or that the case has been otherwise disposed of as provided by law.

Sec. 5. NRS 501.1816 is hereby amended to read as follows:

501.1816 1. If a person accumulates [6] 9 or more demerit points, but less than 12, the Department shall notify him of that fact by certified mail. If, after the Department mails the notice, the person presents proof to the Department that he has, after his most recent wildlife conviction, successfully completed a course of instruction in the responsibilities of hunters approved by the Department, the Department shall deduct 4 demerit points from his record. A person may attend a course of instruction in the responsibilities of hunters only once in 60 months for the purpose of reducing his demerit points.

2. If a person accumulates 12 or more demerit points before completing a course of instruction pursuant to subsection 1, the Department shall suspend or revoke any license, permit or privilege issued to him pursuant to this title.

3. Not later than 60 days after the Department determines that a person has accumulated 12 demerit points, the Department shall notify the person by certified mail that his privileges will be suspended or revoked. Except as otherwise provided in subsection 4, the Department shall suspend or revoke those privileges 30 days after it mails the notice.

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ê2005 Statutes of Nevada, Page 1309 (CHAPTER 349, SB 397)ê

otherwise provided in subsection 4, the Department shall suspend or revoke those privileges 30 days after it mails the notice.

4. Any person who receives the notice required by subsection 3 may submit to the Department a written request for a hearing before the Commission not later than 30 days after the receipt of the notice. If a written request for a hearing is received by the Department:

(a) The suspension or revocation of the license, permit or privilege is stayed until a determination is made by the Commission after the hearing.

(b) The hearing must be held within 60 days after the request is received.

5. The periods of suspension or revocation imposed pursuant to this section must run concurrently. [No] Except as otherwise provided in this subsection, no license, permit or privilege may be suspended or revoked pursuant to this section for more than 3 years. The license, permit or privilege of a person who is convicted pursuant to NRS 501.376 of:

(a) A gross misdemeanor may not be suspended or revoked for more than 5 years; or

(b) A felony may not be suspended or revoked for more than 10 years.

6. If the Department suspends or revokes a license, permit or privilege pursuant to this section, the period of suspension or revocation begins 30 days after notification pursuant to subsection 3 or a determination is made by the Commission pursuant to subsection 4. After a person’s license, permit or privilege is suspended or revoked pursuant to this section, all demerit points accumulated by that person must be cancelled.

Sec. 6. NRS 501.375 is hereby amended to read as follows:

501.375 1. Every game warden, sheriff and other peace officer of this State and its political subdivisions shall enforce the provisions of this title and seize any wildlife taken or held in possession in violation of those provisions.

2. Such an officer may:

(a) With or without a warrant, conduct a reasonable search of any camp, structure, aircraft, vessel, vehicle, box, game bag or other package where he has reason to believe any wildlife taken or held in violation of any of the provisions of this title is to be found, and, for the purpose of such a search, may detain any aircraft, vessel or vehicle for a reasonable time.

(b) Seize any such wildlife and any gun, ammunition, trap, snare, tackle, or other device or equipment whose presence indicates that a violation of any provision of this title has occurred. Except for property described in NRS 501.3857, property seized pursuant to this subsection may be held only for evidence and [must be returned when] may be recovered by the owner within 1 year after it is no longer needed for that purpose. The Department shall, within 30 days after the property is no longer needed, send a written notice to the owner of the property that informs the owner of his right to recover the property.

3. A dwelling house may be searched only pursuant to a warrant [.] or as otherwise provided by law.

Sec. 7. NRS 501.385 is hereby amended to read as follows:

501.385 Except as otherwise provided by specific statute:

1. Any person who:

(a) Performs an act or attempts to perform an act made unlawful or prohibited by a provision of this title;

(b) Willfully fails to perform an act required of him by a provision of this title;

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ê2005 Statutes of Nevada, Page 1310 (CHAPTER 349, SB 397)ê

(1) In the performance of any duty while enforcing or attempting to enforce any provision of this title [;] or any regulation adopted pursuant thereto; or

(2) While lawfully obtaining or attempting to obtain biological samples of wildlife, hunting, fishing or trapping data, or any other biological data or information relating to wildlife;

(d) Violates any order issued or regulation adopted by the Commission under the provisions of this title; or

(e) Having been granted a privilege or been licensed or permitted to do any act under the provisions of this title, exercises the grant, license or permit in a manner other than as specified,

Ê is guilty of a misdemeanor. An officer, employee or agent of the Department may not obtain or attempt to obtain biological samples of wildlife, hunting, fishing or trapping data, or any other biological data or information relating to wildlife on private property without the consent of the owner of the property.

2. Every person who is guilty of a misdemeanor under this title shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

Sec. 8. NRS 501.3857 is hereby amended to read as follows:

501.3857 Any gun, ammunition, trap, snare, vessel, vehicle, aircraft or other device or equipment used, or intended for use:

1. To facilitate the unlawful and intentional killing or possession of any big game mammal; [or]

2. To hunt or kill a big game mammal by using information obtained as a result of the commission of an act prohibited by NRS 503.010 or a regulation of the Commission which prohibits the location of big game mammals for the purpose of hunting or killing by the use of:

(a) An aircraft, including, without limitation, any device that is used for navigation of, or flight in, the air;

(b) A hot air balloon or any other device that is lighter than air; or

(c) A satellite or any other device that orbits the earth and is equipped to produce images, or other similar devices; or

3. Knowingly to transport, sell, receive, acquire or purchase any big game mammal which is unlawfully killed or possessed,

Ê is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive.

Sec. 9. NRS 501.389 is hereby amended to read as follows:

501.389 1. Except for property described in NRS 501.3857, equipment:

(a) Seized as evidence in accordance with NRS 501.375; and

(b) Not recovered by the owner within 1 year [from the date of seizure,] after it is no longer needed for evidentiary purposes,

Ê becomes the property of the Department.

2. The Department [shall either sell such] may:

(a) Sell the equipment in accordance with the regulations adopted pursuant to subsection 5 of NRS 333.220 [or retain such] ;

(b) Donate equipment that is not dangerous to nonprofit organizations which benefit children;

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ê2005 Statutes of Nevada, Page 1311 (CHAPTER 349, SB 397)ê

(c) Donate equipment that is not dangerous to children from low-income families who attend fishing clinics sponsored by the Department; or

(d) Retain the equipment for authorized use by the Department.

Ê All money received from [such sales] the sale of equipment must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.

3. Any person of lawful age and lawfully entitled to reside in the United States may purchase the equipment, whether a prior owner or not.

Sec. 10. NRS 502.120 is hereby amended to read as follows:

502.120 1. [Every] Each person required to have a license or permit as provided in this [chapter] title who, while [hunting, trapping or fishing,] engaged in any activity regulated by this title, refuses to exhibit the license [,] or permit, any wildlife which he may have in his possession, or any weapon, ammunition, device or apparatus in his possession which may be used for [hunting, trapping or fishing,] any activity regulated by this title, upon the demand of any officer authorized to enforce the fish and game laws of this State, is guilty of a misdemeanor.

2. [Every] Each person required to have a license or permit as provided in this chapter who, while [hunting, trapping or fishing,] engaged in any activity regulated by this title, fails to have the license or permit in his possession is guilty of a misdemeanor. A person charged with violating this subsection may not be convicted if he produces in court a license or permit previously issued to him and valid at the time of his arrest.

Sec. 11. NRS 503.010 is hereby amended to read as follows:

503.010 1. Except as otherwise provided in this section or subsection 2 of NRS 503.005, it is unlawful to molest, rally, stir up or drive any game mammals or game birds with an aircraft, helicopter or motor-driven vehicle, including a [snowmobile,] motorboat or sailboat.

2. Except as otherwise provided in this subsection, it is unlawful to shoot at any game mammals or game birds with a weapon from an aircraft, helicopter or motor-driven vehicle . [, including a snowmobile.] A person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes his walking may shoot from a stopped motor vehicle which is not parked on the traveled portion of a public highway, but he may not shoot from, over or across a highway or road specified in NRS 503.175.

3. It is unlawful to spot or locate game mammals or game birds with any kind of aircraft or helicopter and communicate [this] that information , within 24 hours after the aircraft or helicopter has landed or in violation of a regulation of the Commission, by any means to a person on the ground for the purpose of hunting or trapping. The provisions of this subsection do not prohibit an employee or agent of the Department from providing general information to the public concerning the location of game birds or game mammals.

4. It is unlawful to use any information obtained in violation of the provisions of subsection 3 to hunt or kill game mammals or game birds.

5. It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when the cargo or passengers , or both , are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the Federal or State Government or by a county or municipal government or when the loading or unloading is done in the course of an emergency or search and rescue operation.

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ê2005 Statutes of Nevada, Page 1312 (CHAPTER 349, SB 397)ê

unloading is done in the course of an emergency or search and rescue operation.

[5. For the purposes of]

6. The provisions of subsection 1 do not apply to an employee or agent of the Department who, while carrying out his duties, conducts a survey of wildlife with the use of an aircraft.

7. As used in this section, “game bird” does not include a raven even if classified as a game bird pursuant to NRS 501.110.

Sec. 12. NRS 503.240 is hereby amended to read as follows:

503.240 1. It is unlawful for any person to hunt , fish in nonnavigable waters or [to] trap upon [or within any enclosed grounds which are] land which is private property [and] where the person has been warned by the owner or occupant of the property not to trespass in the manner prescribed in NRS 207.200, or where signs are displayed [, as provided in NRS 207.200,] forbidding hunting , trapping or [shooting,] fishing without permission obtained from the owner or [person in possession of such enclosed grounds.] occupant of the private property.

2. Any person using [such] that private property for hunting , fishing or trapping [purposes] shall comply with the provisions of NRS 207.220.

Sec. 13. NRS 503.620 is hereby amended to read as follows:

503.620 Except as otherwise provided by this title [,] or a regulation adopted pursuant thereto, it is unlawful for any person to hunt or [possess] take any dead or alive birds, nests of birds or eggs of birds protected by that certain Act of Congress commonly known and referred to as the Migratory Bird Treaty Act of July 3, 1918, as amended, 16 U.S.C. §§ 703 et seq., or protected by [commission regulation.] a regulation of the Commission.

Sec. 14. NRS 504.390 is hereby amended to read as follows:

504.390 1. As used in this section, unless the context requires otherwise, “guide” means to assist another person in hunting wild mammals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.

2. [Every] Each person who provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, must obtain a master guide license from the Department. Such a license must not be issued to any person who has not reached 21 years of age.

3. [Each] Except as otherwise provided in this subsection, each person who assists a person who is required to have a master guide license and acts as a guide in the course of that activity must obtain a subguide license from the Department. Such a license must not be issued to any person who has not reached 18 years of age. The provisions of this subsection do not apply to a person who:

(a) Is employed by or assists a person who holds a master guide license solely for the purpose of cooking, cutting wood or caring for, grooming or saddling livestock; or

(b) Holds a master guide license which authorizes him to provide services for the same species and in the same areas as the guide who employs him or requests his assistance and has submitted to the Department a notarized statement which indicates that he is employed by or provides assistance to the guide.

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ê2005 Statutes of Nevada, Page 1313 (CHAPTER 349, SB 397)ê

or provides assistance to the guide. The statement must be signed by both guides.

4. Fees for master guide and subguide licenses must be as provided in NRS 502.240.

5. Any person who desires a master guide license must apply for the license on a form prescribed and furnished by the Department. The application must contain the social security number of the applicant and such other information as the Commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, his application must be accompanied by a nonrefundable fee of $1,500.

6. Any person who desires a subguide license must apply for the license on a form prescribed and furnished by the Department. If that person was not licensed as a subguide during the previous licensing year, his application must be accompanied by a nonrefundable fee of $50.

7. [If] It is unlawful for the holder of a master guide license [operates with pack or riding animals, he shall also have a grazing or special use permit if he operates] to operate in any area where [such] a special use permit is required [.] without first obtaining a permit unless he is employed by or providing assistance to a guide pursuant to subsection 3.

8. The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the Department may require concerning fish and game taken by such persons. [Such] The information must be furnished to the Department on request.

9. If any licensee under this section, or person served by a licensee, is convicted of a violation of any provision of this title or chapter 488 of NRS, the Commission may revoke the license of the licensee and may refuse issuance of another license to the licensee for a period not to exceed 5 years.

10. The Commission may adopt regulations covering the conduct and operation of a guide service.

11. The Department may issue master guide and subguide licenses [to be] that are valid only in certain [districts] management areas, management units or administrative regions in such a manner as may be determined by the regulations of the Commission.

Sec. 15. NRS 504.390 is hereby amended to read as follows:

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ê2005 Statutes of Nevada, Page 1314 (CHAPTER 349, SB 397)ê

reached 18 years of age. The provisions of this subsection do not apply to a person who:

(a) Is employed by or assists a person who holds a master guide license solely for the purpose of cooking, cutting wood or caring for, grooming or saddling livestock; or

4. Fees for master guide and subguide licenses must be as provided in NRS 502.240.

5. Any person who desires a master guide license must apply for the license on a form prescribed and furnished by the Department. The application must contain such information as the Commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, his application must be accompanied by a nonrefundable fee of $1,500.

10. The Commission may adopt regulations covering the conduct and operation of a guide service.

Sec. 16. 1. This section and sections 1 to 14, inclusive, of this act become effective on October 1, 2005.

2. Section 14 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 proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

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ê2005 Statutes of Nevada, Page 1315 (CHAPTER 349, SB 397)ê

(b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

3. Section 15 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

CHAPTER 350, AB 186

Assembly Bill No. 186–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

CHAPTER 350

AN ACT relating to industrial insurance; providing for a payment of additional compensation to certain claimants and dependents of claimants who are entitled to receive compensation for a permanent total disability under industrial insurance; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 616A.430 is hereby amended to read as follows:

616A.430 1. There is hereby established in the State Treasury the Uninsured Employers’ Claim Account in the Fund for Workers’ Compensation and Safety, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616C.220 [and 617.401.] , 617.401 and section 2 of this act. The Administrator shall administer the Account and shall credit any excess money toward the assessments of the insurers for the succeeding years.

2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Administrator for the Uninsured Employers’ Claim Account must be delivered to the custody of the State Treasurer.

3. All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation.

4. The State Treasurer may disburse money from the Account only upon written order of the State Controller.

5. The State Treasurer shall invest money of the Account in the same manner and in the same securities in which he is authorized to invest money of the State General Fund. Income realized from the investment of the assets of the Account must be credited to the Account.

6. The Administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount to be deposited in the Uninsured Employers’ Claim Account.

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ê2005 Statutes of Nevada, Page 1316 (CHAPTER 350, AB 186)ê

Account. To establish the amount of the assessment, the Administrator shall determine the amount of money necessary to maintain an appropriate balance in the Account for each fiscal year and shall allocate a portion of that amount to be payable by private carriers, a portion to be payable by self-insured employers, a portion to be payable by associations of self-insured public or private employers and a portion to be payable by the employers who provide accident benefits pursuant to NRS 616C.265, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable, the Administrator shall apply an assessment rate to the:

(a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;

(b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;

(c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and

(d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflects the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.

Ê The Administrator shall adopt regulations for the establishment and administration of the assessment rates, payments and any penalties that the Administrator determines are necessary to carry out the provisions of this subsection. As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.

7. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

Sec. 2. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

1. If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability and the claimant or dependent is not entitled to an annual increase in that compensation pursuant to NRS 616C.473, the claimant or dependent is entitled to an annual payment for that permanent total disability in an amount determined by the Administrator pursuant to subsection 3, but such annual payments may not exceed $1,200 per claimant or dependent. The total payments made pursuant to this section may not exceed $500,000 per year.

2. Each year the Administrator shall withdraw from the Uninsured Employers’ Claim Account established pursuant to NRS 616A.430 an amount of the income realized from the investment of the assets in the Account that is necessary to fund the payments calculated pursuant to subsection 3.

3. The Administrator shall adopt regulations establishing a method for the equitable distribution of the money withdrawn from the Account pursuant to subsection 2.

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ê2005 Statutes of Nevada, Page 1317 (CHAPTER 350, AB 186)ê

pursuant to subsection 2. The regulations must provide for payments that result in the largest proportional share of the money being paid to claimants and dependents who receive the lowest amount of compensation pursuant to chapters 616A to 617, inclusive, of NRS for the permanent total disability. The Administrator may adopt any other regulations that are necessary to carry out the provisions of this section.

4. The Administrator shall make the payment required by this section to each claimant and dependent of the claimant who is entitled to the payment not later than October 1 of each year. Any payment received by the claimant or dependent of the claimant pursuant to this section is in addition to any compensation to which the claimant or dependent of the claimant is otherwise entitled by law.

Sec. 3. Notwithstanding the provisions of subsection 4 of section 2 of this act, the Administrator shall make the first payment required by section 2 of this act to each claimant and dependant of the claimant who is entitled to the payment not later than December 31, 2005.

Sec. 4. This act becomes effective on July 1, 2005.

________

CHAPTER 351, AB 369

Assembly Bill No. 369–Assemblywoman Giunchigliani

CHAPTER 351

AN ACT relating to children; authorizing an agency which provides child welfare services to file a petition for the court-ordered admission to certain facilities of a child who is alleged to be an emotionally disturbed child and who is in the custody of the agency; requiring a court which is hearing such a petition to place the child in a less restrictive environment under certain circumstances; establishing a maximum period of days for which such children may be ordered by a court to be admitted to certain facilities; establishing certain rights for such children who are admitted to certain facilities; establishing procedures for the conditional and unconditional release of such children under certain circumstances; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. “Emotionally disturbed child” has the meaning ascribed to it in NRS 433B.080.

Sec. 4. “Facility” means a psychiatric hospital or facility which provides residential treatment for mental illness that has a unit in the hospital or facility capable of being locked to prevent an emotionally disturbed child from leaving the hospital or facility.

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ê2005 Statutes of Nevada, Page 1318 (CHAPTER 351, AB 369)ê

Sec. 5. “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433A.018.

Sec. 6. “Treatment” has the meaning ascribed to it in NRS 433.224.

Sec. 7. A proceeding for a court-ordered admission of a child alleged to be an emotionally disturbed child who is in the custody of an agency which provides child welfare services to a facility may be commenced by the filing of a petition with the clerk of the court which has jurisdiction in proceedings concerning the child. The petition may be filed by the agency which provides child welfare services without the consent of a parent of the child. The petition must be accompanied:

1. By a certificate of a physician, psychiatrist or licensed psychologist stating that he has examined the child alleged to be emotionally disturbed and has concluded that the child is emotionally disturbed and, because of that condition is likely to harm himself or others if allowed his liberty; or

2. By a sworn written statement by the petitioner that:

(a) The petitioner has, based upon his personal observation of the child alleged to be emotionally disturbed, probable cause to believe that the child is emotionally disturbed and, because of that condition is likely to harm himself or others if allowed his liberty; and

(b) The child alleged to be emotionally disturbed has refused to submit to examination or treatment by a physician, psychiatrist or licensed psychologist.

Sec. 8. 1. Except as otherwise provided in section 9 of this act, if the court finds, after proceedings for the court-ordered admission of a child alleged to be an emotionally disturbed child who is in the custody of an agency which provides child welfare services to a facility:

(a) That there is not clear and convincing evidence that the child with respect to whom the hearing was held exhibits observable behavior such that he is likely to harm himself or others if allowed his liberty, the court shall enter its finding to that effect and the child must not be admitted to a facility.

(b) That there is clear and convincing evidence that the child with respect to whom the hearing was held is in need of treatment in a facility and is likely to harm himself or others if allowed his liberty, the court may order the admission of the child for the most appropriate course of treatment. The order of the court must be interlocutory and must not become final if, within 30 days after the admission, the child is unconditionally released from the facility pursuant to section 16 of this act.

2. Before issuing an order for admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment as suggested by the evaluation team who evaluated the child, or other persons professionally qualified in the field of psychiatric mental health, which, the court believes may be in the best interests of the child.

Sec. 9. 1. An agency which provides child welfare services shall not place a child who is in the custody of the agency in a facility, other than under an emergency admission, unless the agency has petitioned the court for the court-ordered admission of the child to a facility pursuant to section 7 of this act.

2. If a petition for the court-ordered admission of a child filed pursuant to section 7 of this act is accompanied by the information described in subsection 2 of section 7 of this act, the court shall order a psychological evaluation of the child.

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ê2005 Statutes of Nevada, Page 1319 (CHAPTER 351, AB 369)ê

described in subsection 2 of section 7 of this act, the court shall order a psychological evaluation of the child.

3. If a court which receives a petition filed pursuant to section 7 of this act for the court-ordered admission to a facility of a child who is in the custody of an agency which provides child welfare services determines pursuant to subsection 2 of section 8 of this act that the child could be treated effectively in a less restrictive appropriate environment than a facility, the court must order the placement of the child in a less restrictive appropriate environment. In making such a determination, the court may consider any information provided to the court, including, without limitation:

(a) Any information provided pursuant to subsection 4;

(b) Any suggestions of psychologists, psychiatrists or other physicians who have evaluated the child concerning the appropriate environment for the child; and

(c) Any suggestions of licensed clinical social workers or other professionals or any adult caretakers who have interacted with the child and have information concerning the appropriate environment for the child.

4. If a petition for the court-ordered admission of a child who is in the custody of an agency which provides child welfare services is filed pursuant to section 7 of this act:

(a) Any person, including, without limitation, the child, may oppose the petition for the court-ordered admission of the child by filing a written opposition with the court; and

(b) The agency which provides child welfare services must present information to the court concerning whether:

(1) A facility is the appropriate environment to provide treatment to the child; or

(2) A less restrictive appropriate environment would serve the needs of the child.

Sec. 10. 1. Not later than 5 days after a child who is in the custody of an agency which provides child welfare services has been admitted to a facility pursuant to section 8 of this act, the agency which provides child welfare services shall inform the child of his legal rights and the provisions of NRS 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and sections 2 to 17, inclusive, of this act and, if the child or the child’s attorney desires, assist the child in requesting the court to authorize a second examination by an evaluation team that includes a physician, psychiatrist or licensed psychologist other than a physician, psychiatrist or licensed psychologist who performed an original examination which authorized the court to order the admission of the child to the facility.

2. If the court authorizes a second examination of the child, the examination must:

(a) Include, without limitation, an evaluation concerning whether the child should remain in the facility and a recommendation concerning the appropriate placement of the child which must be provided to the facility; and

(b) Be paid for by the governmental entity that is responsible for the agency which provides child welfare services, if such payment is not otherwise provided by the State Plan for Medicaid.

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ê2005 Statutes of Nevada, Page 1320 (CHAPTER 351, AB 369)ê

Sec. 11. In determining pursuant to sections 8 and 12 of this act whether to issue or renew an order for the admission of a child who is in the custody of an agency which provides child welfare services to a facility, the court shall consider:

1. The reports of any examinations or evaluations of a child by any psychologist, psychiatrist or other physician;

2. Any information concerning the child provided to the court by a licensed clinical social worker or other professional or any adult caretaker who is knowledgeable about the child or a guardian ad litem appointed for the child pursuant to NRS 432B.500;

3. The wishes of the child concerning his care, treatment and training and placement in a facility;

4. The best interests of the child, including, without limitation, whether the court believes the child might experience any psychological trauma from court-ordered admission;

5. Any alternative care, treatment or training options; and

6. Any other information the court deems relevant concerning the child.

Sec. 12. 1. If the court issues an order for the admission to a facility of a child who is in the custody of an agency which provides child welfare services pursuant to section 8 of this act, the admission automatically expires at the end of 90 days if not terminated previously by the facility as provided for in subsection 2 of section 16 of this act.

2. At the end of the court-ordered period of treatment, the agency which provides child welfare services, the Division of Child and Family Services or any facility may petition to renew the admission of the child for additional periods not to exceed 60 days each.

3. For each renewal, the petition must set forth the specific reasons why further treatment in the facility would be in the best interests of the child.

Sec. 13. A facility which provides care, treatment or training to a child who is in the custody of an agency which provides child welfare services and who is admitted to the facility pursuant to section 8 of this act shall develop a plan, in consultation with the child, for the continued care, treatment and training of the child upon discharge from the facility. The plan must:

1. Be developed not later than 5 days after the child is admitted to the facility;

2. Be submitted to the court after each period of admission ordered by the court pursuant to section 8 of this act in the manner set forth in section 12 of this act; and

3. Include, without limitation:

(a) The anticipated date of discharge of the child from the facility;

(b) The criteria which must be satisfied before the child is discharged from the facility, as determined by the medical professional responsible for the care, treatment and training of the child in the facility;

(c) The name of any psychiatrist or psychologist who will provide care, treatment or training to the child after the child is discharged from the facility, if appropriate;

(d) A plan for any appropriate care, treatment or training for the child for at least 30 days after the child is discharged from the facility; and

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ê2005 Statutes of Nevada, Page 1321 (CHAPTER 351, AB 369)ê

(e) The suggested placement of the child after the child is discharged from the facility.

Sec. 14. In addition to the personal rights set forth in NRS 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and sections 2 to 17, inclusive, of this act, a child who is in the custody of an agency which provides child welfare services and who is admitted to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing evaluation, treatment or training services to such children and must be otherwise brought to the attention of the child by such additional means as prescribed by regulation:

1. To receive an education as required by law; and

2. To receive an allowance from the agency which provides child welfare services in an amount equivalent to any allowance required to be provided to children who reside in foster homes.

Sec. 15. 1. Except as otherwise provided in subsection 3, any child who is admitted to a facility by a court pursuant to section 8 of this act may be conditionally released from the facility when, in the judgment of the medical director of the facility, the conditional release is in the best interest of the child and will not be detrimental to the public welfare. The medical director or his designee of the facility shall prescribe the period for which the conditional release is effective. The period must not extend beyond the last day of the court-ordered period of treatment specified pursuant to section 12 of this act.

2. When a child is conditionally released pursuant to subsection 1, the State or a county, or any of its agents or employees, are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the child.

3. A child who was admitted by a court because he was likely to harm others if allowed to remain at liberty may be conditionally released only if, at the time of the release, written notice is given to the court which admitted him and to the attorney of the agency which provides child welfare services that initiated the proceedings for admission.

4. Except as otherwise provided in subsection 6, the administrative officer of a facility or his designee shall order a child who is conditionally released from that facility pursuant to this section to return to the facility if a psychiatrist and a member of that child’s treatment team who is professionally qualified in the field of psychiatric mental health determine that the conditional release is no longer appropriate because that child presents a clear and present danger of harm to himself or others. Except as otherwise provided in this subsection, the administrative officer or his designee shall, at least 3 days before the issuance of the order to return, give written notice of the order to the court that admitted the child to the facility. If an emergency exists in which the child presents an imminent threat of danger of harm to himself or others, the order must be submitted to the court not later than 1 business day after the order is issued.

5. The court shall review an order submitted pursuant to subsection 4 and the current condition of the child who was ordered to return to the facility at its next regularly scheduled hearing for the review of petitions for court-ordered admissions, but in no event later than 5 judicial days after the child is returned to the facility. The administrative officer or his designee shall give written notice to the agency which provides child welfare services, the child who was ordered to return to the facility and to the child’s attorney of the time, date and place of the hearing and of the facts necessitating that child’s return to the facility.

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ê2005 Statutes of Nevada, Page 1322 (CHAPTER 351, AB 369)ê

the child’s attorney of the time, date and place of the hearing and of the facts necessitating that child’s return to the facility.

6. The provisions of subsection 4 do not apply if the period of conditional release has expired.

Sec. 16. 1. When a child who is admitted to a facility by a court pursuant to section 8 of this act is released at the end of the court-ordered period of treatment specified pursuant to section 12 of this act, written notice must be given to the admitting court at least 10 days before the release of the child. The child may then be released without requiring further orders of the court.

2. A child who is admitted to a facility by a court pursuant to section 8 of this act may be unconditionally released before the court-ordered period of treatment specified in section 12 of this act when:

(a) An evaluation team, including, without limitation, an evaluation team that conducts an examination pursuant to section 10 of this act, or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, determines that the child has recovered from his emotional disturbance or has improved to such an extent that he is no longer considered to present a clear and present danger of harm to himself or others; and

(b) Under advisement from the evaluation team or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the medical director of the facility authorizes the release and gives written notice to the admitting court at least 10 days before the release of the child.

Sec. 17. 1. Nothing in this chapter purports to deprive any person of any legal rights without due process of law.

2. Unless the context clearly indicates otherwise, the provisions of NRS 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and sections 2 to 17, inclusive, of this act apply to all children who are in the custody of an agency which provides child welfare services.

Sec. 18. NRS 433A.200 is hereby amended to read as follows:

433A.200 1. [A] Except as otherwise provided in section 7 of this act, a proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, psychologist, social worker or registered nurse, by an accredited agent of the Department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:

(a) By a certificate of a physician, psychiatrist or licensed psychologist stating that he has examined the person alleged to be mentally ill and has concluded that the person is a mentally ill person and, because of that illness is likely to harm himself or others if allowed his liberty; or

(b) By a sworn written statement by the petitioner that:

(1) The petitioner has, based upon his personal observation of the person alleged to be mentally ill, probable cause to believe that the person is a mentally ill person and, because of that illness is likely to harm himself or others if allowed his liberty; and

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ê2005 Statutes of Nevada, Page 1323 (CHAPTER 351, AB 369)ê

(2) The person alleged to be mentally ill has refused to submit to examination or treatment by a physician, psychiatrist or licensed psychologist.

2. [If] Except as otherwise provided in section 7 of this act, if the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, the petition must, in addition to the certificate or statement required by subsection 1, include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.

Sec. 19. NRS 433A.310 is hereby amended to read as follows:

433A.310 1. [If] Except as otherwise provided in sections 8 and 9 of this act, if the district court finds, after proceedings for the involuntary court-ordered admission of a person to a public or private mental health facility:

(a) That there is not clear and convincing evidence that the person with respect to whom the hearing was held is a mentally ill person or exhibits observable behavior such that he is likely to harm himself or others if allowed his liberty, the court shall enter its finding to that effect and the person must not be involuntarily detained in such a facility.

(b) That there is clear and convincing evidence that the person with respect to whom the hearing was held is a mentally ill person and, because of that illness, is likely to harm himself or others if allowed his liberty, the court may order the involuntary admission of the person for the most appropriate course of treatment. The order of the court must be interlocutory and must not become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390.

2. [An] Except as otherwise provided in section 12 of this act, an involuntary admission pursuant to paragraph (b) of subsection 1 automatically expires at the end of 6 months if not terminated previously by the medical director of the public or private mental health facility as provided for in subsection 2 of NRS 433A.390. [At] Except as otherwise provided in section 12 of this act, at the end of the court-ordered period of treatment, the Division or any mental health facility that is not operated by the Division may petition to renew the detention of the person for additional periods not to exceed 6 months each. For each renewal, the petition must set forth to the court specific reasons why further treatment would be in the person’s own best interests.

3. Before issuing an order for involuntary admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment as suggested by the evaluation team who evaluated the person, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the person.

Sec. 20. This act becomes effective on July 1, 2005.

________

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ê2005 Statutes of Nevada, Page 1324ê

CHAPTER 352, AB 221

Assembly Bill No. 221–Assemblymen Oceguera, Manendo, Leslie, Parks, Anderson, Angle, Buckley, Christensen, Claborn, Conklin, Denis, Gerhardt, Hogan, Horne, Munford and Pierce

CHAPTER 352

AN ACT relating to intoxicating liquors; revising various provisions governing the sale and disposition of intoxicating liquor; prohibiting the sale, purchase, possession or use of an alcohol vaporizing device; prohibiting the use of the brand name of any alcoholic beverage in an advertisement or other promotion of an alcohol vaporizing device; providing penalties; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 369 of NRS is hereby amended by adding thereto a new section to read as follows:

Except as otherwise provided in NRS 369.386 and 369.415, a supplier shall not engage in the business of importing, wholesaling or retailing alcoholic beverages in this State.

Sec. 2. NRS 369.111 is hereby amended to read as follows:

369.111 As used in this chapter, “supplier” means, with respect to liquor which is brewed, distilled, fermented, manufactured, rectified, produced or bottled:

1. Outside the United States:

(a) The brewer, distiller, manufacturer, producer, rectifier, vintner or bottler of the liquor, or his designated agent; or

(b) The owner of the liquor when it is first transported into any area under the jurisdiction of the United States Government, if the brewer, distiller, manufacturer, rectifier, producer, vintner or bottler of the liquor, or a designated agent of such a person, has not designated an importer to import the liquor into this State; [or]

2. Within the United States but outside this State, the brewer, distiller, manufacturer, rectifier, producer, vintner or bottler of the liquor, or his designated agent [.] ; or

3. Within this State, the distiller, manufacturer, rectifier, producer or bottler of the liquor or his designated agent.

Sec. 3. NRS 369.386 is hereby amended to read as follows:

369.386 1. Except as otherwise provided in NRS 369.464, a supplier of liquor may sell to an importer [into] or wholesaler in this State only if:

(a) Their commercial relationship is of definite duration or continuing indefinite duration; and

(b) The importer is granted the right to offer, sell and distribute within this State or any designated area thereof such of the supplier’s brands of packaged malt beverages, distilled spirits and wines, or all of them, as may be specified.

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ê2005 Statutes of Nevada, Page 1325 (CHAPTER 352, AB 221)ê

2. The supplier shall file with the Department a written notice indicating the name and address of each designated importer. Each importer shall file with the Department a written acceptance of the designation.

3. A brewer, distiller, manufacturer, producer, vintner or bottler of liquor who designates an agent to sell his products to importers into this State shall file with the Department a written designation indicating the name and address of the agent, and the agent shall file with the Department a written acceptance of the designation.

Sec. 4. NRS 369.430 is hereby amended to read as follows:

369.430 1. By regulation, the Department shall prescribe the form of application for and the form of a certificate of compliance, which must be printed and distributed to exporters of liquor into this State to assist them in legally exporting liquor into this State.

2. An intending importer may not legally receive or accept any shipment of liquor except from a holder of a certificate of compliance.

3. Before a person may engage in business as a supplier, he must obtain a certificate of compliance from the Department.

4. The Department shall grant a certificate of compliance to any out-of-state vendor of liquors who undertakes in writing:

(a) To furnish the Department on or before the 10th day of each month a report under oath showing the quantity and type of liquor sold and shipped by the vendor to each licensed importer of liquor in Nevada during the preceding month;

(b) That he and all his agents and any other agencies controlled by him will comply faithfully with all laws of this State and all regulations of the Department respecting the exporting of liquor into this State;

(c) That he will make available for inspection and copying by the Department any books, documents and records, whether within or outside this State, which are pertinent to his activities or the activities of his agents or any other agencies controlled by him within this State and which relate to the sale and distribution of his liquors within this State; and

(d) That he will appoint a resident of this State as his agent for service of process or any notice which may be issued by the Department.

[4.] 5. If any holder of a certificate of compliance fails to keep any undertaking or condition made or imposed in connection therewith, the Department may suspend the certificate and conduct a hearing, giving the holder thereof a reasonable opportunity to appear and be heard on the question of vacating the suspension order or order finally revoking the certificate.

[5.] 6. An applicant for a certificate of compliance must pay a fee of $50 to the Department for the certificate. On or before July 1 of each year, the certificate holder must renew the certificate by satisfying the conditions of the original certificate and paying a fee of $50 to the Department.

Sec. 5. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A person shall not:

(a) Sell or offer for sale, purchase, possess or use an alcohol vaporizing device; or

(b) Use the brand name of any alcoholic beverage in an advertisement or other promotion of an alcohol vaporizing device.

2. A person who violates any provision of subsection 1 is guilty of a misdemeanor.

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ê2005 Statutes of Nevada, Page 1326 (CHAPTER 352, AB 221)ê

3. As used in this section:

(a) “Alcohol vaporizing device” means a machine or other device which mixes liquor with pure oxygen or any other gas to produce a vaporized product which is consumed by inhalation.

(b) “Liquor” has the meaning ascribed to it in NRS 369.040.

Sec. 6. NRS 202.015 is hereby amended to read as follows:

202.015 For the purposes of NRS 202.015 to 202.065, inclusive, and section 5 of this act, “alcoholic beverage” means:

1. Beer, ale, porter, stout and other similar fermented beverages, including sake and similar products, of any name or description containing one-half of 1 percent or more alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor.

2. Any beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar, of not less than one-half of 1 percent of alcohol by volume.

3. Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any form, including all dilutions and mixtures thereof from whatever process produced.

Sec. 7. NRS 597.200 is hereby amended to read as follows:

597.200 As used in NRS 597.210 to 597.250, inclusive, unless the context otherwise requires:

1. “Alcoholic beverage” means any malt beverage or spirituous, vinous or malt liquor which contains 1 percent or more ethyl alcohol by volume.

2. “Brew pub” means an establishment which manufactures malt beverages and sells those malt beverages at retail pursuant to the provisions of NRS 597.230.

3. “Engage in” includes participation in a business as an owner or partner, or through a subsidiary, affiliate, ownership equity or in any other manner.

4. “Malt beverage” means beer, ale, porter, stout and other similar fermented beverages of any name or description, brewed or produced from malt, wholly or in part.

5. “Supplier” has the meaning ascribed to it in NRS 597.140.

Sec. 8. NRS 597.210 is hereby amended to read as follows:

597.210 1. Except as otherwise provided in NRS 597.240, a person engaged in business as a supplier or engaged in the business of manufacturing, blending or bottling alcoholic beverages within or without this State shall not engage in the business of importing, wholesaling or retailing alcoholic beverages . [by investment, loan or extension of credit in excess of normal terms prevalent in the industry, unless he was so engaged on or before May 1, 1975, and then only to the extent so engaged.]

2. This section does not:

(a) Preclude any person engaged in the business of importing, wholesaling or retailing alcoholic beverages from owning less than 2 percent of the outstanding ownership equity in any organization which manufactures, blends or bottles alcoholic beverages.

(b) Prohibit a person from operating a brew pub pursuant to NRS 597.230.

(c) Prohibit a person engaged in the business of rectifying or bottling alcoholic beverages from importing neutral or distilled spirits in bulk only for the express purpose of rectification pursuant to NRS 369.415.

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ê2005 Statutes of Nevada, Page 1327 (CHAPTER 352, AB 221)ê

Sec. 9. This act becomes effective upon passage and approval.

________

CHAPTER 353, AB 495

Assembly Bill No. 495–Committee on Commerce and Labor

CHAPTER 353

AN ACT relating to public health; establishing a program for the provision of prescription drugs and pharmaceutical services for certain persons with disabilities; changing the portion of the money in the Fund for a Healthy Nevada that may be used to pay certain administrative costs incurred by the Department of Human Resources; making various changes concerning the allocation of the money in the Fund for a Healthy Nevada; requiring the Department to coordinate the provision of prescription drugs and pharmaceutical services by state programs that provide pharmaceutical or medical assistance to certain Medicare pharmaceutical benefits; repealing the requirement that the Department apply to the Federal Government to establish programs to extend coverage for prescription drugs and other related services for certain persons; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

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 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. “Household income” has the meaning ascribed to it in NRS 427A.480.

Sec. 4. “Income” has the meaning ascribed to it in NRS 427A.485.

Sec. 5. The Department is responsible for the administration of the provisions of sections 2 to 11, inclusive, of this act and may:

1. Prescribe the content and form of a request for a subsidy required to be submitted pursuant to section 7 of this act.

2. Designate the proof that must be submitted with such a request.

3. Adopt regulations to protect the confidentiality of information supplied by a person with a disability requesting a subsidy pursuant to section 7 of this act.

4. Adopt such other regulations as may be required to carry out the provisions of sections 2 to 11, inclusive, of this act.

Sec. 6. 1. The Department may:

(a) Enter into contracts with private insurers who transact health insurance in this State to subsidize the cost of prescription drugs and pharmaceutical services for persons with disabilities by arranging for the availability, at a reasonable cost, of policies of health insurance that provide coverage to persons with disabilities for prescription drugs and pharmaceutical services; or

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ê2005 Statutes of Nevada, Page 1328 (CHAPTER 353, AB 495)ê

(b) Subsidize the cost of prescription drugs and pharmaceutical services for persons with disabilities in any other manner.

2. Within the limits of the money available for this purpose in the Fund for a Healthy Nevada, a person with a disability who is not eligible for Medicaid and who is eligible for a subsidy for the cost of prescription drugs and pharmaceutical services that is made available pursuant to subsection 1 is entitled to an annual grant from the Fund to subsidize the cost of prescription drugs and pharmaceutical services, if he has been domiciled in this State for at least 1 year immediately preceding the date of his application and:

(a) If the person with a disability is single, his income is not over $21,500; or

(b) If the person with a disability is married, his household income is not over $28,660.

Ê The monetary amounts set forth in this subsection must be adjusted for each fiscal year by adding to each amount the product of the amount shown multiplied by the percentage increase in the Consumer Price Index from December 2002 to the December preceding the fiscal year for which the adjustment is calculated.

3. The subsidy granted pursuant to this section must not exceed the annual cost of prescription drugs and pharmaceutical services provided to the person with a disability.

4. A subsidy that is made available pursuant to subsection 1 must provide for:

(a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer or as set forth by the Department; and

(b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer or as set forth by the Department.

5. The Department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant or enrollee based on one or more of the following circumstances:

(a) Illness;

(b) Disability; or

Ê An applicant or enrollee who requests such a waiver shall include with that request all medical and financial documents that support his request.

6. If the Federal Government provides any coverage of prescription drugs and pharmaceutical services for persons with disabilities who are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the Department may, upon approval of the Legislature, or the Interim Finance Committee if the Legislature is not in session, change any program established pursuant to sections 2 to 11, inclusive, of this act and otherwise provide assistance with prescription drugs and pharmaceutical services for persons with disabilities within the limits of the money available for this purpose in the Fund for a Healthy Nevada.

7. The provisions of subsections 1 to 5, inclusive, do not apply if the Department provides assistance with prescription drugs and pharmaceutical services for persons with disabilities pursuant to subsection 6.

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ê2005 Statutes of Nevada, Page 1329 (CHAPTER 353, AB 495)ê

Sec. 7. 1. A person with a disability who wishes to receive a subsidy pursuant to section 6 of this act must file a request therefor with the Department.

2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the Department may prescribe.

3. The Department shall, within 45 days after receiving a request for a subsidy, examine the request and grant or deny it.

4. The Department shall determine which persons with disabilities are eligible to receive a subsidy pursuant to section 6 of this act and, if the Department has entered into a contract pursuant to section 6 of this act to provide the subsidy, pay the subsidy directly to the person or entity with whom the Department has entered into the contract.

Sec. 8. 1. The Department shall deny any request for a subsidy received pursuant to section 7 of this act to which the person with a disability is not entitled.

2. The Department may deny in total any request which it finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy must be repaid by the person with a disability to the Department.

3. Any amounts received by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Fund for a Healthy Nevada.

Sec. 9. Any person who is aggrieved by a decision of the Department denying a request for a subsidy submitted pursuant to section 7 of this act is entitled to judicial review thereof.

Sec. 10. Any subsidy granted pursuant to section 6 of this act to a person with a disability who is not qualified for such a subsidy may be revoked by the Department. If a subsidy is so revoked, the person with a disability shall make restitution to the Department for any subsidy he has improperly received, and the Department shall take all proper actions to collect the amount of the subsidy as a debt.

Sec. 11. No person may publish, disclose or use any personal or confidential information contained in a request for a subsidy submitted pursuant to section 7 of this act except for purposes relating to the administration of sections 2 to 11, inclusive, of this act.

Sec. 12. NRS 439.620 is hereby amended to read as follows:

439.620 1. The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:

(a) Fifty percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and

(b) Fifty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.

2. The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:

(a) Shall maintain the financial records of the Fund;

(b) Shall invest the money in the Fund as the money in other state funds is invested;

(d) Shall maintain any instruments that evidence investments made with the money in the Fund;

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ê2005 Statutes of Nevada, Page 1330 (CHAPTER 353, AB 495)ê

(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

(f) May perform any other duties necessary to administer the Fund.

3. The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.

4. Upon receiving a request from the State Treasurer or the Department for an allocation for administrative expenses from the Fund pursuant to this section, the Task Force for the Fund for a Healthy Nevada shall consider the request within 45 days after receipt of the request. If the Task Force approves the amount requested for allocation, the Task Force shall notify the State Treasurer of the allocation. If the Task Force does not approve the requested allocation within 45 days after receipt of the request, the State Treasurer or the Department, as applicable, may submit its request for allocation to the Interim Finance Committee. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund, whether allocated by the Task Force or the Interim Finance Committee must not exceed:

(a) Not more than 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; [and]

(b) Not more than [3] 2.025 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging Services Division of the Department, to carry out its duties set forth in NRS 439.625 [to 439.690, inclusive.] and 439.630;

(c) Not more than 1.5 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department to administer the provisions of NRS 439.635 to 439.690, inclusive; and

(d) Not more than 0.125 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department to administer the provisions of sections 2 to 11, inclusive, of this act.

Ê For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.

5. The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

6. All money that is deposited or paid into the Fund is hereby appropriated to the Department and, except as otherwise provided in paragraphs (c), (d) and (h) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the Task Force for the Fund for a Healthy Nevada. Money expended from the Fund for a Healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.

Sec. 13. NRS 439.630 is hereby amended to read as follows:

439.630 1. The Task Force for the Fund for a Healthy Nevada shall:

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ê2005 Statutes of Nevada, Page 1331 (CHAPTER 353, AB 495)ê

(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

(1) Promote public health;

(2) Improve health services for children, senior citizens and persons with disabilities;

(3) Reduce or prevent the use of tobacco;

(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

(5) Offer other general or specific information on health care in this State.

(b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities.

(c) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive . [, and to fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745.] From the money reserved to the Department pursuant to this paragraph, the Department may subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive . [, and fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745.] The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive . [, and administering any program established pursuant to NRS 422.274 or 422.2745.] The Department shall submit a quarterly report to the Governor, the Task Force for the Fund for a Healthy Nevada and the Interim Finance Committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.

(d) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:

(1) Respite care or relief of family caretakers;

(2) Transportation to new or existing services to assist senior citizens in living independently; and

(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

Ê The Aging Services Division of the Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada concerning the independent living needs of senior citizens.

(e) Allocate, by contract or grant, for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

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ê2005 Statutes of Nevada, Page 1332 (CHAPTER 353, AB 495)ê

(f) Allocate, by contract or grant, for expenditure not more than 10 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children.

(g) Allocate, by contract or grant, for expenditure not more than 7.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Task Force shall, to the extent practicable, allocate the money evenly among the following three types of programs:

(1) Programs that provide respite for persons caring for persons with disabilities;

(2) Programs that provide positive behavioral supports to persons with disabilities; and

(3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.

(h) Reserve not more than 2.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to [fund in whole or in part any program established pursuant to NRS 422.2745.] subsidize any portion of the cost of providing prescription drugs and pharmaceutical services to persons with disabilities pursuant to sections 2 to 11, inclusive, of this act. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in [administering any program established pursuant to NRS 422.2745.] carrying out the provisions of sections 2 to 11, inclusive, of this act.

(i) Maximize expenditures through local, federal and private matching contributions.

(j) Ensure that any money expended from the Fund for a Healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.

(k) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.

(l) To make the allocations required by paragraphs (e), (f) and (g):

(1) Prioritize and quantify the needs for these programs;

(2) Develop, solicit and accept applications for allocations;

(3) Conduct annual evaluations of programs to which allocations have been awarded; and

(4) Submit annual reports concerning the programs to the Governor and the Interim Finance Committee.

(m) Transmit a report of all findings, recommendations and expenditures to the Governor and each regular session of the Legislature.

2. The Task Force may take such other actions as are necessary to carry out its duties.

3. The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.

4. To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:

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ê2005 Statutes of Nevada, Page 1333 (CHAPTER 353, AB 495)ê

(a) Prioritize and quantify the needs of senior citizens for these programs;

(b) Develop, solicit and accept grant applications for allocations;

(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;

(d) Award grants or other allocations;

(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

(f) Submit annual reports concerning the grant program to the Governor and the Interim Finance Committee.

5. The Aging Services Division of the Department shall submit each proposed grant which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive, or to [pay for any program established pursuant to NRS 422.274 or 422.2745.] subsidize any portion of the cost of providing prescription drugs and pharmaceutical services to persons with disabilities pursuant to sections 2 to 11, inclusive, of this act.

6. The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph (e), (f) or (g) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the contract or grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.

Sec. 14. NRS 218.6827 is hereby amended to read as follows:

218.6827 1. Except as otherwise provided in subsections 2 and 3, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in regular or special session.

2. During a regular session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762 [,] and NRS 428.375, 439.620 [and 439.630, subsection 1 of NRS 422.2745 and NRS] , 439.630, 445B.830 and 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chairman of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

3. During a regular or special session, the Interim Finance Committee may exercise the powers and duties conferred upon it pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive.

4. If the Interim Finance Committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the Legislative Commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.

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ê2005 Statutes of Nevada, Page 1334 (CHAPTER 353, AB 495)ê

resolution, notify the Legislative Commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.

Sec. 15. 1. The Department of Human Resources shall:

(a) Coordinate each state program that provides pharmaceutical or medical assistance to persons in this State with the Medicare Part D benefit so that each Medicare beneficiary who is eligible for or enrolled in such a state program maintains his present coverage for prescription drugs and pharmaceutical services to the extent allowed by federal law; and

(b) Coordinate each state program that provides pharmaceutical or medical assistance to persons in this State with the Medicare Part D benefit in a manner that:

(1) Maximizes coverage for prescription drugs and pharmaceutical services for persons in this State;

(2) Minimizes disruptions in the enrollment of persons in this State in state and federal programs that provide coverage for prescription drugs and pharmaceutical services;

(3) Minimizes disruptions in the eligibility of persons in this State for state and federal programs that provide coverage for prescription drugs and pharmaceutical services;

(4) Minimizes out-of-pocket expenses for prescription drugs and pharmaceutical services for Medicare beneficiaries in this State; and

(5) Maximizes federal funding for coverage of prescription drugs and pharmaceutical services for persons in this State.

2. The Department of Human Resources shall submit a plan for coordinating the state programs with the Medicare Part D benefit as required by subsection 1 to the Interim Finance Committee for approval before the Department coordinates those programs and benefits.

3. The Department of Human Resources may adopt such regulations as may be required to carry out the provisions of this section.

Sec. 16. NRS 422.274 and 422.2745 are hereby repealed.

Sec. 17. 1. This act becomes effective on July 1, 2005.

2. Section 15 of this act expires by limitation on July 1, 2007.

________

CHAPTER 354, AB 109

Assembly Bill No. 109–Committee on Education

CHAPTER 354

AN ACT relating to education; revising provisions governing the statewide system of accountability for public schools; redesignating the four regional training programs for the professional development of teachers and administrators based upon the geographic regions served by those programs; designating the board of trustees of certain school districts as the fiscal agent for the programs; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

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ê2005 Statutes of Nevada, Page 1335 (CHAPTER 354, AB 109)ê

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385.34691 is hereby amended to read as follows:

385.34691 1. The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State. The plan:

(a) Must be prepared in consultation with:

(1) Employees of the Department;

(2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;

(3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada Association of School Boards; and

(4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516, appointed by the Council; and

(b) May be prepared in consultation with:

(1) Representatives of institutions of higher education;

(2) Representatives of regional educational laboratories;

(3) Representatives of outside consultant groups;

(4) Representatives of the regional training programs for the professional development of teachers and administrators [established pursuant to] created by NRS 391.512;

(5) The Bureau; and

(6) Other persons who the State Board determines are appropriate.

2. A plan to improve the achievement of pupils enrolled in public schools in this State must include:

(a) A review and analysis of the data upon which the report required pursuant to NRS 385.3469 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

(b) The identification of any problems or factors common among the school districts or charter schools in this State, as revealed by the review and analysis.

(c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.

(d) Strategies to improve the academic achievement of pupils enrolled in public schools in this State, including, without limitation, strategies to:

(1) Instruct pupils who are not achieving to their fullest potential;

(2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

(3) Integrate technology into the instructional and administrative programs of the school districts;

(4) Manage effectively the discipline of pupils; and

(5) Enhance the professional development offered for the teachers and administrators employed at public schools in this State to include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the State Board.

(e) Strategies designed to provide to the pupils enrolled in middle school, junior high school and high school, the teachers and counselors who provide instruction to those pupils, and the parents and guardians of those pupils information concerning:

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ê2005 Statutes of Nevada, Page 1336 (CHAPTER 354, AB 109)ê

instruction to those pupils, and the parents and guardians of those pupils information concerning:

(1) The requirements for admission to an institution of higher education and the opportunities for financial aid;

(2) The availability of millennium scholarships pursuant to NRS 396.911 to 396.938, inclusive; and

(3) The need for a pupil to make informed decisions about his curriculum in middle school, junior high school and high school in preparation for success after graduation.

(f) An identification, by category, of the employees of the Department who are responsible for ensuring that each provision of the plan is carried out effectively.

(g) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

(h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

(i) Strategies to improve the allocation of resources from this State, by program and by school district, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

(j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the State Board and the Department to carry out the plan.

(k) A summary of the effectiveness of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

3. The State Board shall:

(a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

(b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in public schools in this State.

4. On or before December 15 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:

(a) Governor;

(b) Committee;

(d) Board of Regents of the University of Nevada;

(e) Council to Establish Academic Standards for Public Schools created by NRS 389.510;

(f) Board of trustees of each school district; and

(g) Governing body of each charter school.

Sec. 2. NRS 385.354 is hereby amended to read as follows:

385.354 1. If the board of trustees of a school district in a county whose population is 400,000 or more, or the superintendent of schools of such a school district, creates regional subdistricts within the school district, each regional subdistrict shall, on or before August 15 of each year, prepare an annual report.

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ê2005 Statutes of Nevada, Page 1337 (CHAPTER 354, AB 109)ê

such a school district, creates regional subdistricts within the school district, each regional subdistrict shall, on or before August 15 of each year, prepare an annual report. The annual report must include, without limitation, for the immediately preceding school year:

(a) A description of the geographic area that comprises the subdistrict.

(b) A list of the administrative leadership of the subdistrict.

(d) The information required by subsection 2 of NRS 385.347, reported for the subdistrict as a whole and for each school within the subdistrict.

(e) The total number of administrators employed to provide services within the subdistrict, and the total amount of money paid to those administrators for salaries and benefits.

(f) The total number of teachers and other educational personnel employed to provide instruction and other educational services in schools within the subdistrict, and the total amount of money paid to those teachers and personnel for salaries and benefits.

(g) The number of substitute teachers who were employed to provide instruction in schools within the subdistrict for a period of 30 consecutive days or more and the subject areas taught by those substitute teachers.

(h) The number of administrators, teachers and other educational personnel identified in paragraphs (e) and (f) that attended a regional training program for the professional development of teachers and administrators [established pursuant to] created by NRS 391.512, including, without limitation:

(1) The type of training received; and

(2) A summary of the evaluation of the training by the teachers and administrators who participated.

(i) Demographic information concerning the pupils enrolled in schools within the subdistrict, including, without limitation:

(1) Race;

(2) Ethnicity;

(3) Gender;

(4) The percentage of pupils with disabilities who received special education pursuant to NRS 388.440 to 388.520, inclusive;

(5) The percentage of gifted and talented pupils who received special education pursuant to NRS 388.440 to 388.520, inclusive;

(6) The percentage of pupils who participated in the program for free or reduced-price school lunches pursuant to 42 U.S.C. §§ 1751 et seq.; and

(7) The percentage of pupils who participated in educational programs for migratory children provided pursuant to 20 U.S.C. §§ 6391 et seq.

(j) The number of schools, if any, within the subdistrict that were designated as demonstrating need for improvement.

(k) A summary of each program for remediation, if any, purchased for the schools within the subdistrict, including, without limitation:

(1) The name of the program; and

(2) The costs of the program.

(l) The number of preschool children who participated in early childhood education programs provided by the school district, the subdistrict or schools within the subdistrict.

(m) The budget for the subdistrict, including, without limitation, the:

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ê2005 Statutes of Nevada, Page 1338 (CHAPTER 354, AB 109)ê

(1) Amount of money from the school district’s total budget that was allocated to the subdistrict or for use to operate the schools within the subdistrict; and

(2) Actual expenditures of the subdistrict or school district, as applicable, expressed on a per pupil basis, to operate the schools within the subdistrict.

(n) The establishment of zones of attendance, if any, or changes made to the existing zones of attendance, if any, that affected the subdistrict and the number of pupils within the subdistrict who were affected by each change.

(o) The number of schools within the subdistrict, if any, that converted to a year-round schedule.

(p) A description of the procedure of the subdistrict for hearing grievances and complaints of parents and legal guardians of pupils enrolled in schools within the subdistrict.

2. On or before August 15 of each year, each regional subdistrict shall submit to the board of trustees of the school district in which the subdistrict is located, the written report prepared pursuant to subsection 1. On or before December 15 of each year, the board of trustees shall submit a written compilation of the reports to the:

(a) Legislative Commission;

(b) Committee; and

Ê The written compilation must include, without limitation, an analysis and evaluation of the equity among the regional subdistricts based upon the information reported.

3. The board of trustees of a school district that includes regional subdistricts which are required to submit reports pursuant to this section shall prescribe forms for the reports.

Sec. 3. NRS 385.3692 is hereby amended to read as follows:

385.3692 1. Each technical assistance partnership established for a public school shall complete a form prescribed by the Department pursuant to this section or an expanded form, if applicable, that includes:

(a) A review and analysis of the operation of the school, including, without limitation, the design and operation of the instructional program of the school;

(b) A review and analysis of the data pertaining to the school based upon the report required pursuant to subsection 2 of NRS 385.347 and a review and analysis of any data that is more recent;

(d) An identification of the problems and factors at the school that contributed to the designation of the school as demonstrating need for improvement.

2. Each technical assistance partnership established for a public school shall:

(a) Assist the school in developing recommendations for improving the performance of pupils who are enrolled in the school; and

(b) Adopt, in consultation with the employees of the school, written revisions to the most recent plan to improve the achievement of the school’s pupils for approval pursuant to NRS 385.357. The written revisions must:

(1) Include the data and findings of the technical assistance partnership that provide support for the revisions;

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ê2005 Statutes of Nevada, Page 1339 (CHAPTER 354, AB 109)ê

(2) If the school is a Title I school, be developed in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity that created the technical assistance partnership, outside experts;

(3) Set forth a timeline to carry out the revisions;

(4) Set forth priorities for the school in carrying out the revisions; and

(5) Set forth the names and duties of each person who is responsible for carrying out the revisions.

3. On or before November 1 of each year, each technical assistance partnership shall submit the form completed pursuant to subsection 1 to the:

(a) Department;

(b) Bureau;

(d) Principal of the school.

4. The Department shall, in consultation with the Bureau:

(a) Prescribe a form that contains the basic information for a technical assistance partnership to carry out its duties pursuant to subsection 1; and

(b) Make the form available on a computer disc for use by technical assistance partnerships and, upon request, in any other manner deemed reasonable by the Department.

5. Except as otherwise provided in this subsection, each technical assistance partnership shall use the form prescribed by the Department to carry out its duties pursuant to subsection 1. A school district or governing body of a charter school may prescribe an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

6. A technical assistance partnership may require the school for which the partnership was established to submit plans, strategies, tasks and measures that, in the determination of the partnership, will assist the school in improving the achievement and proficiency of pupils enrolled in the school.

Sec. 4. NRS 385.374 is hereby amended to read as follows:

385.374 The membership of each support team established pursuant to NRS 385.3721:

1. Must consist of, without limitation:

(a) Teachers and principals who are considered highly qualified and who are not employees of the public school for which the support team is established;

(b) At least one representative of the Department [;] , who must serve as the facilitator of the support team;

(c) Except for a charter school, at least one administrator at the district level who is employed by the board of trustees of the school district;

(d) At least one parent or guardian of a pupil who is enrolled in the public school for which the support team is established; and

(e) In addition to the requirements of paragraphs (a) to (d), inclusive, for a charter school:

(1) At least one member of the governing body of the charter school, regardless of the sponsor of the charter school; and

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ê2005 Statutes of Nevada, Page 1340 (CHAPTER 354, AB 109)ê

(2) If the charter school is sponsored by the board of trustees of a school district, at least one employee of the school district, which may include an administrator.

2. May consist of, without limitation:

(a) Except for a charter school, one or more members of the board of trustees of the school district in which the school is located;

(b) Representatives of institutions of higher education;

(d) Representatives of outside consultant groups;

(e) Representatives of the regional training program for the professional development of teachers and administrators [established pursuant to] created by NRS 391.512 that provides services to the school district in which the school is located;

(f) The Bureau; and

(g) Other persons who the Department determines are appropriate.

Sec. 5. NRS 385.3741 is hereby amended to read as follows:

385.3741 1. Each support team established for a public school pursuant to NRS 385.3721 shall:

[1.] (a) Review and analyze the operation of the school, including, without limitation, the design and operation of the instructional program of the school.

[2.] (b) Review and analyze the data pertaining to the school upon which the report required pursuant to subsection 2 of NRS 385.347 is based and review and analyze any data that is more recent than the data upon which the report is based.

[3.] (c) Review the most recent plan to improve the achievement of the school’s pupils.

[4.] (d) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating need for improvement.

[5.] (e) Assist the school in developing recommendations for improving the performance of pupils who are enrolled in the school.

[6.] (f) Except as otherwise provided in this [subsection,] paragraph, make recommendations to the board of trustees of the school district, the State Board and the Department concerning additional assistance for the school in carrying out the plan for improvement of the school. For a charter school sponsored by the State Board, the support team shall make the recommendations to the State Board and the Department.

[7.] (g) In accordance with its findings pursuant to this [subsection] section and NRS 385.3742, submit, on or before November 1, written revisions to the most recent plan to improve the achievement of the school’s pupils for approval pursuant to NRS 385.357. The written revisions must:

[(a)] (1) Comply with NRS 385.357;

[(b)] (2) If the school is a Title I school, be developed in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity that created the support team, outside experts;

[(c)] (3) Include the data and findings of the support team that provide support for the revisions;

[(d)] (4) Set forth goals , [and] objectives , tasks and measures for the school that are:

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ê2005 Statutes of Nevada, Page 1341 (CHAPTER 354, AB 109)ê

[(1)] (I) Designed to improve the achievement of the school’s pupils;

[(2)] (II) Specific;

[(3)] (III) Measurable; and

[(4)] (IV) Conducive to reliable evaluation;

[(e)] (5) Set forth a timeline to carry out the revisions;

[(f)] (6) Set forth priorities for the school in carrying out the revisions; and

[(g)] (7) Set forth the names and duties of each person who is responsible for carrying out the revisions.

[8.] (h) Except as otherwise provided in this [subsection,] paragraph, work cooperatively with the board of trustees of the school district in which the school is located, the employees of the school, and the parents and guardians of pupils enrolled in the school to carry out and monitor the plan for improvement of the school. If a charter school is sponsored by the State Board, the Department shall assist the school with carrying out and monitoring the plan for improvement of the school.

[9.] (i) Prepare a monthly progress report in the format prescribed by the Department and:

(1) Submit the progress report to the Department.

(2) Distribute copies of the progress report to each employee of the school for review.

(j) In addition to the requirements of this section, if the support team is established for a Title I school, carry out the requirements of 20 U.S.C. § 6317(a)(5).

2. A school support team may require the school for which the support team was established to submit plans, strategies, tasks and measures that, in the determination of the support team, will assist the school in improving the achievement and proficiency of pupils enrolled in the school.

3. The Department shall prescribe a concise monthly progress report for use by each support team in accordance with paragraph (i) of subsection 1.

Sec. 6. NRS 391.512 is hereby amended to read as follows:

391.512 1. [The Clark County School District, Douglas County School District, Elko County School District and Washoe County School District shall each] There are hereby created the Southern Nevada Regional Training Program, the Western Nevada Regional Training Program, the Northeastern Nevada Regional Training Program and the Northwestern Nevada Regional Training Program. The governing body of each regional training program shall establish and operate a:

(a) Regional training program for the professional development of teachers and administrators.

(b) Nevada Early Literacy Intervention Program through the regional training program established pursuant to paragraph (a).

2. Except as otherwise provided in subsection 6, the [regional training program established by the Clark County School District] Southern Nevada Regional Training Program must primarily provide services to teachers and administrators who are employed by school districts in:

(a) Clark County;

(b) Esmeralda County;

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ê2005 Statutes of Nevada, Page 1342 (CHAPTER 354, AB 109)ê

(d) Nye County.

3. Except as otherwise provided in subsection 6, the [regional training program established by the Douglas County School District] Western Nevada Regional Training Program must primarily provide services to teachers and administrators who are employed by school districts in:

(a) Carson City;

(b) Churchill County;

(d) Lyon County; and

(e) Mineral County.

4. Except as otherwise provided in subsection 6, the [regional training program established by the Elko County School District] Northeastern Nevada Regional Training Program must primarily provide services to teachers and administrators who are employed by school districts in:

(a) Elko County;

(b) Eureka County;

(d) Humboldt County; and

(e) White Pine County.

5. Except as otherwise provided in subsection 6, the [regional training program established by the Washoe County School District] Northwestern Nevada Regional Training Program must primarily provide services to teachers and administrators who are employed by school districts in:

(a) Pershing County;

(b) Storey County; and

6. Each regional training program shall, when practicable, make reasonable accommodations for the attendance of teachers and administrators who are employed by school districts outside the primary jurisdiction of the regional training program.

7. The board of trustees of the:

(a) Clark County School District shall serve as the fiscal agent for the Southern Nevada Regional Training Program.

(b) Douglas County School District shall serve as the fiscal agent for the Western Nevada Regional Training Program.

(d) Washoe County School District shall serve as the fiscal agent for the Northwestern Nevada Regional Training Program.

Ê As fiscal agent, each school district is responsible for the payment, collection and holding of all money received from this State for the maintenance and support of the regional training program and Nevada Early Intervention Program established and operated by the applicable governing body.

Sec. 7. NRS 391.552 is hereby amended to read as follows:

391.552 The governing body of each regional training program shall:

1. Establish a method for the evaluation of the success of the regional training program, including, without limitation, the Nevada Early Literacy Intervention Program. The method must be consistent with the uniform procedures adopted by the Statewide Council pursuant to NRS 391.520.

2. On or before [July] September 1 of each year, submit an annual report to the State Board, the Commission, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation that includes:

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ê2005 Statutes of Nevada, Page 1343 (CHAPTER 354, AB 109)ê

Education and the Legislative Bureau of Educational Accountability and Program Evaluation that includes:

(a) The priorities for training adopted by the governing body pursuant to NRS 391.540.

(b) The type of training offered through the program in the immediately preceding year.

(c) The number of teachers and administrators who received training through the program in the immediately preceding year.

(d) The number of paraprofessionals, if any, who received training through the program in the immediately preceding year.

(e) An evaluation of the success of the program, including, without limitation, the Nevada Early Literacy Intervention Program, in accordance with the method established pursuant to subsection 1.

(f) A description of the gifts and grants, if any, received by the governing body in the immediately preceding year and the gifts and grants, if any, received by the Statewide Council during the immediately preceding year on behalf of the regional training program. The description must include the manner in which the gifts and grants were expended.

(g) The 5-year plan for the program prepared pursuant to NRS 391.540 and any revisions to the plan made by the governing body in the immediately preceding year.

Sec. 8. This act becomes effective on July 1, 2005.

________

CHAPTER 355, AB 371

Assembly Bill No. 371–Committee on Government Affairs

CHAPTER 355

AN ACT relating to public financial administration; authorizing the dissemination of certain reports of audits of state agencies and local governments without the consent of the auditor; authorizing certain banks and trusts to hold certain securities on behalf of local governments under certain circumstances; establishing requirements for agreements to locate, deliver, recover or assist in the recovery of certain property held in trust by a county treasurer; providing that a deed made to the county treasurer as trustee for the State and county is, except as against actual fraud, conclusive evidence of certain matters; increasing the payment to the county general fund from the proceeds of the sale of properties for delinquent taxes; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 353.325 is hereby amended to read as follows:

353.325 1. Each state agency, within 10 days after receiving an audit report pertaining to that agency, including a management letter and the agency’s reply, shall submit one copy of the audit report to:

[1.] (a) The Chief of the Budget Division of the Department of Administration [.

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ê2005 Statutes of Nevada, Page 1344 (CHAPTER 355, AB 371)ê

2.] ;

(b) The State Controller [.

3.] ; and

2. The audit report, including, without limitation, the opinion and findings of the auditor contained in the audit report, may be disseminated by or on behalf of the state agency for which the report was prepared by inclusion, without limitation, in or on:

(a) An official statement or other document prepared in connection with the offering of bonds or other securities;

(b) A filing made pursuant to the laws or regulations of this State;

(d) A website maintained by a state agency on the Internet or its successor,

Ê without the consent of the auditor who prepared the audit report. A provision of a contract entered into between an auditor and a state agency that is contrary to the provisions of this subsection is against the public policy of this State and is void and unenforceable.

Sec. 2. NRS 354.624 is hereby amended to read as follows:

354.624 1. Each local government shall provide for an annual audit of all of its financial statements. A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 6 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the Department of Taxation to any local government that submits an application for an extension to the Department. If the local government fails to provide for an audit in accordance with the provisions of this section, the Department of Taxation shall cause the audit to be made at the expense of the local government. All audits must be conducted by a certified public accountant or by a partnership or professional corporation that is registered pursuant to chapter 628 of NRS.

2. The annual audit of a school district must:

(a) Be concluded and the report submitted to the board of trustees as provided in subsection 6 not later than 4 months after the close of the fiscal year for which the audit is conducted.

(b) If the school district has more than 150,000 pupils enrolled, include an audit of the expenditure by the school district of public money used:

(1) To design, construct or purchase new buildings for schools or related facilities;

(2) To enlarge, remodel or renovate existing buildings for schools or related facilities; and

(3) To acquire sites for building schools or related facilities, or other real property for purposes related to schools.

3. The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated, and notification of the auditor or firm designated must be sent to the Department of Taxation not later than 3 months before the close of the fiscal year for which the audit is to be made.

4. Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards in the United States, including findings on compliance with statutes and regulations and an expression of opinion on the financial statements.

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ê2005 Statutes of Nevada, Page 1345 (CHAPTER 355, AB 371)ê

accordance with generally accepted auditing standards in the United States, including findings on compliance with statutes and regulations and an expression of opinion on the financial statements. The Department of Taxation shall prescribe the form of the financial statements, and the chart of accounts must be as nearly as possible the same as the chart that is used in the preparation and publication of the annual budget. The report of the audit must include:

(a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989;

(b) A comparison of the operations of the local government with the approved budget, including a statement from the auditor that indicates whether the governing body has taken action on the audit report for the prior year; and

(c) If the local government is subject to the provisions of NRS 244.186, a report showing that the local government is in compliance with the provisions of paragraphs (a) and (b) of subsection 1 of NRS 244.186.

5. Each local government shall provide to its auditor:

(a) A statement indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:

(1) An enterprise fund.

(2) An internal service fund.

(3) A fiduciary fund.

(4) A self-insurance fund.

(5) A fund whose balance is required by law to be:

(I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or

(II) Carried forward to the succeeding fiscal year in any designated amount.

(b) A list and description of any property conveyed to a nonprofit organization pursuant to NRS 244.287 or 268.058.

(c) If the local government is subject to the provisions of NRS 244.186, a declaration indicating that the local government is in compliance with the provisions of paragraph (c) of subsection 1 of NRS 244.186.

6. The opinion and findings of the auditor contained in the report of the audit must be presented at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with the management letter required by generally accepted auditing standards in the United States or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

(a) The clerk or secretary of the governing body;

(b) The county clerk;

(d) In the case of a school district, the Department of Education.

7. After the report of the audit is filed by the local government, the report of the audit, including, without limitation, the opinion and findings of the auditor contained in the report of the audit, may be disseminated by or on behalf of the local government for which the report was prepared by inclusion, without limitation, in or on:

(a) An official statement or other document prepared in connection with the offering of bonds or other securities;

(b) A filing made pursuant to the laws or regulations of this State;

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ê2005 Statutes of Nevada, Page 1346 (CHAPTER 355, AB 371)ê

(d) A website maintained by a local government on the Internet or its successor,

Ê without the consent of the auditor who prepared the report of the audit. A provision of a contract entered into between an auditor and a local government that is contrary to the provisions of this subsection is against the public policy of this State and is void and unenforceable.

8. If an auditor finds evidence of fraud or dishonesty in the financial statements of a local government, the auditor shall report such evidence to the appropriate level of management in the local government.

[8.] 9. The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

Sec. 3. NRS 355.172 is hereby amended to read as follows:

355.172 1. Except as otherwise provided in NRS 355.178, any securities purchased as an investment of money by or on behalf of a local government, as defined in NRS 354.474, must remain in the possession of the county treasurer, the appropriate officer of that local government or a qualified bank [, as provided in subsection 2,] or trust, throughout the period of the investment, except that any securities subject to repurchase by the seller may be evidenced by a fully perfected, first-priority security interest, as provided in subsection 3.

2. The county treasurer or the appropriate officer of a local government may physically possess those securities, which must be [in bearer form or] registered in the name of the local government, or may make an agreement, in writing, with [the trust department of] any qualified bank [insured by the Federal Deposit Insurance Corporation] or trust to hold those securities [in trust] for , and in the name of, that local government. If such an agreement is made, the [trust department] bank or trust shall furnish the county treasurer or the appropriate officer of the local government with a written statement acknowledging that it is so holding the securities.

3. If the securities purchased are subject to an arrangement for the repurchase of those securities by the seller thereof, the county treasurer, the appropriate officer of the local government or a [trust department of a bank, as provided in subsection 2,] qualified bank or trust may, in lieu of the requirement of possession, obtain the sole, fully perfected, first-priority security interest in those securities. If the [trust department of a] bank or trust obtains such a security interest, it shall furnish the county treasurer or the appropriate officer of the local government with a written statement acknowledging that fact. Any securities so purchased must, at the time of purchase by or for a local government, have a fair market value equal to or greater than the repurchase price of the securities.

4. For the purposes of this section, a bank or trust is qualified to hold securities for a local government if the bank or trust is rated by a nationally recognized rating service as “AA-” or its equivalent, or better.

Sec. 4. NRS 361.585 is hereby amended to read as follows:

361.585 1. When the time allowed by law for the redemption of a property described in a certificate has expired, and no redemption has been made, the tax receiver who issued the certificate, or his successor in office, shall execute and deliver to the county treasurer a deed of the property in trust for the use and benefit of the State and county and any officers having fees due them.

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ê2005 Statutes of Nevada, Page 1347 (CHAPTER 355, AB 371)ê

made, the tax receiver who issued the certificate, or his successor in office, shall execute and deliver to the county treasurer a deed of the property in trust for the use and benefit of the State and county and any officers having fees due them.

2. The county treasurer and his successors in office, upon obtaining a deed of any property in trust under the provisions of this chapter, shall hold that property in trust until it is sold or otherwise disposed of pursuant to the provisions of this chapter.

3. Notwithstanding the provisions of NRS 361.595 or 361.603, at any time during the 90-day period specified in NRS 361.603, or before the public notice of sale by a county treasurer, pursuant to NRS 361.595, of any property held in trust by him by virtue of any deed made pursuant to the provisions of this chapter, any person specified in subsection 4 is entitled to have the property reconveyed upon payment to the county treasurer of an amount equal to the taxes accrued, together with any costs, penalties and interest legally chargeable against the property. A reconveyance may not be made after expiration of the 90-day period specified in NRS 361.603 or after commencement of posting or publication of public notice pursuant to NRS 361.595.

4. Property may be reconveyed pursuant to subsection 3 to one or more of the persons specified in the following categories, or to one or more persons within a particular category, as their interests may appear of record:

(a) The owner.

(b) The beneficiary under a deed of trust.

(d) The person to whom the property was assessed.

(e) The person holding a contract to purchase the property before its conveyance to the county treasurer.

(f) The successor in interest of any person specified in this subsection.

5. Any agreement to locate, deliver, recover or assist in the recovery of any property held in trust by a county treasurer by virtue of any deed made pursuant to the provisions of this chapter:

(a) Must:

(1) Be in writing.

(2) Be signed by one or more of the persons identified in subsection 4.

(3) Include a description of the property.

(4) Include the value of the property.

(b) Must not impose a fee that is more than 10 percent of the total value of the property.

6. The provisions of this section apply to land held in trust by a county treasurer on or after April 17, 1971.

Sec. 5. NRS 361.590 is hereby amended to read as follows:

361.590 1. If a property described in a certificate is not redeemed within the time allowed by law for its redemption, the tax receiver or his successor in office shall make to the county treasurer as trustee for the State and county a deed of the property, reciting in the deed substantially the matters contained in the certificate of sale or, in the case of a conveyance under NRS 361.604, the order of the board of county commissioners, and that no person has redeemed the property during the time allowed for its redemption.

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ê2005 Statutes of Nevada, Page 1348 (CHAPTER 355, AB 371)ê

2. The deed must be recorded in the office of the county recorder within 30 days after the date of expiration of the period of redemption.

3. All such deeds are [primary] , except as against actual fraud, conclusive evidence that:

(a) The property was assessed as required by law.

(b) The property was equalized as required by law.

(d) The taxes were not paid.

(e) At a proper time and place a certificate of delinquency was filed as prescribed by law, and by the proper officer.

(f) The property was not redeemed.

(g) The person who executed the deed was the proper officer.

4. Such deeds are, except as against actual fraud, conclusive evidence of the regularity of all other proceedings, from the assessment by the county assessor to the execution of the deed.

5. The deed conveys to the county treasurer as trustee for the State and county the property described therein, free of all encumbrances, except any easements of record for public utility purposes, any lien for taxes or assessments by any irrigation or other district for irrigation or other district purposes, and any interest and penalties on the property, except when the land is owned by the United States or this State, in which case it is prima facie evidence of the right of possession accrued as of the date of the deed to the purchaser, but without prejudice to the lien for other taxes or assessments or the claim of any such district for interest or penalties.

6. No tax assessed upon any property, or sale therefor, may be held invalid by any court of this State on account of:

(a) Any irregularity in any assessment;

(b) Any assessment or tax roll not having been made or proceeding had within the time required by law; or

(c) Any other irregularity, informality, omission, mistake or want of any matter of form or substance in any proceedings which the Legislature might have dispensed with in the first place if it had seen fit so to do, and that does not affect the substantial property rights of persons whose property is taxed.

Ê All such proceedings in assessing and levying taxes, and in the sale and conveyance therefor, must be presumed by all the courts of this State to be legal until the contrary is shown affirmatively.

Sec. 6. NRS 361.610 is hereby amended to read as follows:

361.610 1. Out of the sale price or rents of any property of which he is trustee, the county treasurer shall pay the costs due any officer for the enforcement of the tax upon the parcel of property and all taxes owing thereon , [;] and upon the redemption of any property from him as trustee, he shall pay the redemption money over to any officers having fees due them from the parcels of property and pay the tax for which it was sold and pay the redemption percentage according to the proportion those fees respectively bear to the tax.

2. In no case may any service rendered by any officer under this chapter become or be allowed as a charge against the county, nor may the sale price or rent or redemption money of any one parcel of property be appropriated to pay any cost or tax upon any other parcel of property than that so sold, rented or redeemed.

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ê2005 Statutes of Nevada, Page 1349 (CHAPTER 355, AB 371)ê

3. After paying all the tax and costs upon any one parcel of property, the county treasurer shall pay into the general fund of the county, from the excess proceeds of the sale:

(a) The first $300 of the excess proceeds; and

(b) Ten percent of the next [$2,000] $10,000 of the excess proceeds.

4. The amount remaining after the county treasurer has paid the amount required by subsection 3 must be deposited in an interest-bearing account maintained for the purpose of holding excess proceeds separate from other money of the county. If no claim is made for the money within 2 years after the deed given by the county treasurer is recorded, the county treasurer shall pay the money into the general fund of the county, and it must not thereafter be refunded to the former property owner or his successors in interest. All interest paid on money deposited in the account required by this subsection is the property of the county.

5. If a person who would have been entitled to receive reconveyance of the property pursuant to NRS 361.585 makes a claim in writing for the balance within 2 years after the deed is recorded, the county treasurer shall pay it or his proper portion over to him if he is satisfied that the person is entitled to it.

Sec. 7. This act becomes effective upon passage and approval.

________

CHAPTER 356, SB 120

Senate Bill No. 120–Senators Heck, Hardy, Nolan and Lee

Joint Sponsors: Assemblymen Hardy, Conklin, Oceguera and Sibley

CHAPTER 356

AN ACT relating to emergency medical services; making various changes concerning programs for the treatment of trauma and the designation of hospitals as centers for the treatment of trauma in larger counties; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 450B.237 is hereby amended to read as follows:

450B.237 1. The [State Board of Health] board shall establish a program for treating persons who require treatment for trauma and for transporting and admitting such persons to centers for the treatment of trauma. The program must provide for the development, operation and maintenance of a system of communication to be used in transporting such persons to the appropriate centers.

2. The State Board of Health shall adopt regulations which establish the standards for the designation of hospitals as centers for the treatment of trauma. The State Board of Health shall consider the standards adopted by the American College of Surgeons for a center for the treatment of trauma as a guide for such regulations. The Administrator of the Health Division shall not approve a proposal to designate a hospital as a center for the treatment of trauma unless the hospital meets the standards [.

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ê2005 Statutes of Nevada, Page 1350 (CHAPTER 356, SB 120)ê

3.] established pursuant to this subsection.

3. Each county or district board of health in a county whose population is 400,000 or more shall adopt regulations which establish the standards for the designation of hospitals in the county as centers for the treatment of trauma which are consistent with the regulations adopted by the State Board of Health pursuant to subsection 2. A county or district board of health shall not approve a proposal to designate a hospital as a center for the treatment of trauma unless the hospital meets the standards established pursuant to this subsection.

4. A proposal to designate a hospital located in a county whose population is 400,000 or more as a center for the treatment of trauma:

(a) Must be approved by the Administrator of the Health Division and by the county or district board of health of the county in which the hospital is located; and

(b) May not be approved unless the county or district board of health of the county in which the hospital is located has established and adopted a comprehensive trauma system plan concerning the treatment of trauma in the county, which includes, without limitation, consideration of the future trauma needs of the county, consideration of and plans for the development and designation of new centers for the treatment of trauma in the county based on the demographics of the county and the manner in which the county may most effectively provide trauma services to persons in the county.

5. Upon approval by the Administrator of the Health Division and, if the hospital is located in a county whose population is 400,000 or more, the county or district board of health of the county in which the hospital is located, of a proposal to designate a hospital as a center for the treatment of trauma, [he] the Administrator of the Health Division shall issue written approval which designates the hospital as such a center. As a condition of continuing designation the hospital must comply with the following requirements:

(a) The hospital must admit any injured person who requires medical care.

(b) Any physician who provides treatment for trauma must be qualified to provide that treatment.

(c) The hospital must maintain the standards specified in the regulations adopted pursuant to [subsection 2.] subsections 2 and 3.

Sec. 2. The amendatory provisions of this act do not affect any hospital that has been designated as a center for the treatment of trauma before October 1, 2005.

Sec. 3. 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.

________

CHAPTER 357, SB 245

Senate Bill No. 245–Senator Hardy

CHAPTER 357

AN ACT relating to motor carriers; establishing provisions concerning hours of service for intrastate drivers; providing certain exceptions; and providing other matters properly relating thereto.

…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1351 (CHAPTER 357, SB 245)ê

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

Sec. 2. As used in sections 2 to 6, inclusive, of this act, 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. “Commercial motor vehicle” has the meaning ascribed to it in 49 C.F.R. § 350.105.

Sec. 4. “Intrastate driver” means a driver who operates a commercial motor vehicle exclusively within this State for a period of 7 or more consecutive days.

Sec. 5. 1. Except as otherwise provided in section 6 of this act, a motor carrier shall not allow or require an intrastate driver to drive, and an intrastate driver shall not drive:

(a) Within any 24-hour period:

(1) More than 12 hours following 10 consecutive hours off duty; or

(2) For any number of hours after having accrued more than 15 consecutive hours of on-duty time; or

(b) Within any period of 7 consecutive days, after having accrued 70 hours of on-duty time.

2. As used in this section:

(a) “Motor carrier” has the meaning ascribed to it in 49 C.F.R. § 350.105.

(b) “On-duty time” has the meaning ascribed to it in 49 C.F.R. § 395.2.

Sec. 6. 1. Except as otherwise provided in this section, hours-of-service limitations do not apply to an intrastate driver if each of the following conditions is satisfied:

(a) The intrastate driver is transporting property or passengers during:

(1) A state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070; or

(2) An emergency declared by an elected local governmental official who is authorized by law to make such a declaration.

(b) The employer of the intrastate driver is a public utility.

(c) The employer of the intrastate driver, within 1 working day after discovering or otherwise becoming aware of the existence of a public utility emergency, notifies the Department of Public Safety or appropriate local governmental officials of:

(1) The fact that a public utility emergency exists; and

(2) The date on which and time at which the public utility emergency commenced.

Ê The notification required pursuant to this paragraph may be made by telephone, facsimile, electronic communication or hand delivery of a written communication.

(d) Within 10 working days after receiving a notification described in paragraph (c), an elected state or local governmental official, or his designee, determines and declares that a public utility emergency exists and that the public utility emergency justifies the transportation of property or passengers during the emergency to ensure the protection of public health and safety by way of the restoration of public utility service or to otherwise provide assistance essential to the public.

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ê2005 Statutes of Nevada, Page 1352 (CHAPTER 357, SB 245)ê

health and safety by way of the restoration of public utility service or to otherwise provide assistance essential to the public. After making a declaration as described in this paragraph, the elected state or local governmental official, or his designee, as applicable, shall ensure that the declaration is communicated forthwith and without delay to the public utility which made the notification pursuant to paragraph (c).

2. For the purposes of paragraph (d) of subsection 1:

(a) A declaration by an elected state or local governmental official, or his designee, as applicable, is retroactive to the date on which and time at which the public utility emergency commenced, as communicated in the notification from the relevant public utility, unless the elected state or local governmental official, or his designee, as applicable, determines that the public utility emergency commenced on a different date or at a different time.

(b) If, after receiving a notification described in paragraph (c) of subsection 1, an elected state or local governmental official, or his designee, as applicable, fails to make a determination and declaration within 10 working days:

(1) The elected state or local governmental official, or his designee, as applicable, shall be deemed to have determined and declared that a public utility emergency exists and that the public utility emergency justifies the transportation of property or passengers during the emergency to ensure the protection of public health and safety by way of the restoration of public utility service or to otherwise provide assistance essential to the public; and

(2) The deemed determination and declaration is retroactive to the date on which and time at which the public utility emergency commenced, as communicated in the notification from the relevant public utility.

3. An employer who notifies a public official of the existence of a public utility emergency as described in subsection 1 shall maintain documentation of the public utility emergency for 6 months and shall make such documentation available to a law enforcement officer upon request.

4. The provisions of this section do not apply to the extent that those provisions:

(a) Are preempted or prohibited by federal law; or

(b) Violate a condition to the receipt of federal money by this State or a political subdivision of this State.

5. As used in this section:

(a) “Hours-of-service limitations” means:

(1) The limitations set forth in section 5 of this act; and

(2) Any limitations set forth in federal law as to the number of hours that an interstate driver may drive, which limitations would otherwise be imposed upon intrastate drivers pursuant to regulations adopted by reference by the Authority, Department of Motor Vehicles or Department of Public Safety.

(b) “Public utility” has the meaning ascribed to it in NRS 704.020.

(c) “Public utility emergency” means a natural or man-made emergency that affects the facilities of a public utility and:

(1) Interrupts delivery of essential services, including, without limitation, electricity, natural gas, medical care, sewer service, water service or telecommunications service;

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ê2005 Statutes of Nevada, Page 1353 (CHAPTER 357, SB 245)ê

(2) Interrupts delivery of essential supplies, including, without limitation, food and fuel; or

(3) Otherwise threatens human life or public welfare.

Ê The term includes, without limitation, a tornado, windstorm, thunderstorm, snowstorm, ice storm, blizzard, drought, mudslide, flood, high water, earthquake, forest fire, explosion or power outage.

Sec. 7. NRS 706.011 is hereby amended to read as follows:

706.011 As used in NRS 706.011 to 706.791, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

Sec. 8. NRS 706.776 is hereby amended to read as follows:

706.776 1. [The] Except as otherwise provided in sections 2 to 6, inclusive, of this act, the owner or operator of a motor vehicle to which any provisions of NRS 706.011 to 706.861, inclusive, and sections 2 to 6, inclusive, of this act apply , carrying passengers or property on any highway in the State of Nevada shall not require or permit any driver of the motor vehicle to drive it in any one period longer than the time permitted for that period by the order of the Authority or the Department.

2. In addition to other persons so required, the Labor Commissioner shall enforce the provisions of this section.

Sec. 9. This act becomes effective on July 1, 2005.

________

CHAPTER 358, AB 299

Assembly Bill No. 299–Assemblyman Marvel

CHAPTER 358

AN ACT relating to state lands; authorizing the exchange of certain parcels of land with the Reno-Sparks Indian Colony; authorizing the construction of a new restitution center for the Department of Corrections; authorizing an agreement to share sales tax revenue from a proposed retail project on property owned by the Reno-Sparks Indian Colony; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The State, with the approval of the Interim Finance Committee, may enter into a contract with the Reno-Sparks Indian Colony to carry out the provisions of this act. The State shall not commit to any portion of the transaction authorized by this act unless an agreement has been reached to carry out all of the provisions.

2. The contract authorized pursuant to this act must include the following:

(a) The construction and lease-purchase by the State of a new restitution center for the Department of Corrections on property owned by the Reno-Sparks Indian Colony;

(b) An agreement with respect to the sharing of revenue from sales tax resulting from a retail project on property owned by the Reno-Sparks Indian Colony to finance the construction of the restitution center and to benefit the Washoe County School District School Renewals Program; and

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ê2005 Statutes of Nevada, Page 1354 (CHAPTER 358, AB 299)ê

Colony to finance the construction of the restitution center and to benefit the Washoe County School District School Renewals Program; and

(c) The exchange of certain land owned by the State of Nevada for the parcel on which the restitution center is constructed.

3. The provisions of paragraph (a) of subsection 2 require:

(a) The Reno-Sparks Indian Colony to agree to contract for the construction of a restitution center for the Department of Corrections on property owned by the Colony at Kietzke Lane and East Second Street in Reno, Nevada, specifically Assessor’s Parcels numbers 12-182-02 and 12-182-03. The contract for the construction of the restitution center must be a turn-key contract that provides that the contractor will complete the design, engineering, procurement and construction of the restitution center so that the restitution center is ready for occupancy at the conclusion of the contract and that the contractor assumes all risks associated with the contract. The contract must include a provision that requires payment of prevailing wages pursuant to NRS 338.020 to 338.090, inclusive, to all skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor who perform work on the construction of the restitution center. The design of the restitution center and the contract for construction must be approved by the Department of Corrections.

(b) Upon completion of the construction of the restitution center pursuant to paragraph (a), an agreement between the State and the Reno-Sparks Indian Colony for the lease-purchase of the facility by the State. To the extent that they do not conflict with the provisions of this act, the provisions of NRS 353.500 to 353.630, inclusive, apply to a lease-purchase agreement entered into pursuant to this paragraph.

4. The agreement pursuant to the provisions of paragraph (b) of subsection 2 must provide for:

(a) A portion of the sales tax revenue from the proposed retail project on property of the Reno-Sparks Indian Colony to be used to offset the State’s annual lease payments for the restitution center.

(b) A portion of the sales tax revenue from the proposed retail project to be paid to the Washoe County School District.

(c) Upon completion of the payments for the restitution center, a revised amount to be paid on a continuing basis to the Washoe County School District.

5. The agreement pursuant to paragraph (c) of subsection 2 must provide for the exchange of the property on which the restitution center is constructed for the property owned by the State on which the Northern Nevada Restitution Center is currently located, 2595 East Second Street in Reno, Nevada, Assessor’s Parcel Number 12-301-02. The State must agree, upon completion of the exchange, to support an application by the Colony to place the former State land in Federal Trust.

6. The State and the Reno-Sparks Indian Colony must comply with all applicable local, state and federal law and obtain any necessary approvals from local, state and federal agencies with respect to the provisions of this act. The Reno-Sparks Indian Colony must obtain letters of support or resolutions from the City of Reno and Washoe County that approve the exchange of land pursuant to paragraph (c) of subsection 2.

7. The State and the Reno-Sparks Indian Colony may include in a contract entered into pursuant to this act any other provisions necessary or convenient to carry out the contract that are not inconsistent with the provisions of this act.

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ê2005 Statutes of Nevada, Page 1355 (CHAPTER 358, AB 299)ê

convenient to carry out the contract that are not inconsistent with the provisions of this act.

8. The provisions of NRS 323.100 do not apply to a contract entered into pursuant to this act.

Sec. 2. This act becomes effective on July 1, 2005.

________

CHAPTER 359, SB 444

Senate Bill No. 444–Committee on Judiciary

CHAPTER 359

AN ACT relating to gaming; requiring the Nevada Gaming Commission to adopt regulations authorizing a gaming licensee to charge a fee for admission to an area in which gaming is conducted under certain circumstances; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Commission shall, with the advice and assistance of the Board, adopt regulations authorizing a gaming licensee to charge a fee for admission to an area in which gaming is conducted in accordance with the provisions of this section.

2. The regulations adopted by the Commission pursuant to this section must include, without limitation, provisions that:

(a) A gaming licensee may not charge a fee pursuant to this section unless:

(1) The Chairman of the Board grants administrative approval of a request by a gaming licensee to charge such a fee; and

(2) Such administrative approval is not revoked or suspended by the Chairman of the Board.

(b) The Chairman of the Board may, in his sole and absolute discretion, grant, deny, limit, condition, restrict, revoke or suspend any administrative approval of a request by a gaming licensee to charge a fee pursuant to this section. In considering such a request, the Chairman of the Board shall consider all relevant factors, including, without limitation:

(1) The size of the area;

(2) The amount of gaming that occurs within the area;

(3) The types and quantity of gaming offered;

(4) The business purpose of the area;

(5) Other amenities that are offered within the area;

(6) The amount of the costs and expenses incurred in creating the area;

(7) The benefit to the State in having gaming conducted within the area;

(8) The amount of the fee charged and whether the fee charged is unreasonable as compared to the prevailing practice within the industry; and

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ê2005 Statutes of Nevada, Page 1356 (CHAPTER 359, SB 444)ê

(9) Whether the area should more appropriately be treated as a gaming salon.

Ê The decision of the Chairman of the Board regarding such a request may be appealed by the gaming licensee to the Commission pursuant to its regulations.

(1) Shall deposit with the Board and thereafter maintain a refundable revolving fund in an amount determined by the Commission to pay the expenses of admission of agents of the Board or Commission to the area for which a fee for admission is charged.

(2) Shall arrange for access by agents of the Board or Commission to the area for which a fee for admission is charged.

(3) Shall, at all times that a fee is charged for admission to an area pursuant to this section in an establishment for which a nonrestricted license has been issued, provide for the public at least the same number of gaming devices and games in a different area for which no fee is charged for admission.

(4) Shall, at all times that a fee is charged for admission to an area pursuant to this section in an establishment for which a restricted license has been issued, post a sign of a suitable size in a conspicuous place near the entrance of the establishment that provides notice to patrons that they do not need to pay an admission fee or cover charge to engage in gaming.

(5) Shall not use a fee charged for admission to create a private gaming area that is not operated in association or conjunction with a nongaming activity, attraction or facility.

(6) Shall not restrict admission to the area for which a fee for admission is charged to a patron on the ground of race, color, religion, national origin or disability of the patron, and any unresolved dispute with a patron concerning restriction of admission shall be deemed a dispute as to the manner in which a game is conducted pursuant to NRS 463.362 and must be resolved pursuant to NRS 463.362 to 463.366, inclusive.

(d) If a gaming licensee who holds a nonrestricted license charges a fee pursuant to this section, unless the area for which a fee for admission is charged is otherwise subject to the excise tax on admission to any facility in this State where live entertainment is provided pursuant to chapter 368A of NRS, the determination of the amount of the liability of the gaming licensee for that tax:

(1) Includes the fees charged for admission pursuant to this section; and

(2) Does not include charges for food, refreshments and merchandise collected in the area for which admission is charged.

Sec. 2. This act becomes effective:

1. Upon passage and approval, for the purpose of adopting regulations; and

2. On October 1, 2005, for all other purposes.

________

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ê2005 Statutes of Nevada, Page 1357ê

CHAPTER 360, SB 303

Senate Bill No. 303–Senator Care

CHAPTER 360

AN ACT relating to the National Conference of Commissioners on Uniform State Laws; revising the provisions governing the appointment of Commissioners on Uniform State Laws to represent the State of Nevada; revising provisions governing reimbursement of expenses for engaging in certain activities as a Commissioner on Uniform State Laws; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 219 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A Commissioner who continues to serve or resumes service as a Commissioner pursuant to the provisions of NRS 219.025 and who attends an annual meeting of the National Conference of Commissioners on Uniform State Laws is entitled to receive reimbursement from the Legislative Fund for expenses incurred to attend the annual meeting if the Commissioner, at least 10 days before the annual meeting, provides to the Director of the Legislative Counsel Bureau written notice stating that he will actively participate and carry out the duties set forth in NRS 219.030 and 219.040.

2. Each Commissioner appointed by the Legislative Commission pursuant to paragraph (b) of subsection 2 of NRS 219.020 is entitled to receive reimbursement from the William S. Boyd School of Law for any expenses incurred in carrying out his duties as a Commissioner, including travel and per diem expenses.

Sec. 2. NRS 219.020 is hereby amended to read as follows:

219.020 1. Except as otherwise provided in this section and NRS 219.025, the Commissioners are [the] :

(a) The Legislative Counsel ;

(b) Two members of the faculty of the William S. Boyd School of Law of the University of Nevada, Las Vegas; and [not]

(c) Not more than four attorneys licensed to practice law in the State of Nevada appointed by the Legislative Commission.

2. The Legislative Commission shall appoint [attorneys] :

(a) Attorneys who are members of the Legislature to fill the appointive positions created pursuant to [this] paragraph (c) of subsection 1 if attorneys are available in the Legislature to fill [such positions.

2.] those positions.

(b) Two members of the faculty of the William S. Boyd School of Law of the University of Nevada, Las Vegas, from a list submitted to the Legislative Commission by the Dean of the Law School. Each member so appointed serves for a term of 4 years.

3. The Legislative Counsel may appoint not more than two additional Commissioners from the attorneys employed by the Legislative Counsel Bureau, upon approval of the Legislative Commission.

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ê2005 Statutes of Nevada, Page 1358 (CHAPTER 360, SB 303)ê

[3.] 4. The National Conference of Commissioners on Uniform State Laws is hereby declared to be a joint governmental agency of this State.

[4. It shall be]

5. It is a function of the Commissioners [on Uniform State Laws] to carry forward the participation of the State of Nevada in the National Conference of Commissioners on Uniform State Laws. Annual dues [shall] must be paid to that organization out of the Legislative Fund.

[5.] 6. The Legislative Counsel shall notify the National Conference of Commissioners on Uniform State Laws whenever a Commissioner is appointed pursuant to this section.

Sec. 3. NRS 219.025 is hereby amended to read as follows:

219.025 1. A Commissioner who served pursuant to subsection 1 of NRS 219.020 , except for a Commissioner who served pursuant to paragraph (b) of that subsection, may continue to serve or resume his service as a Commissioner if he:

[1.] (a) Is licensed to practice law in the State of Nevada;

[2.] (b) Is a resident of Nevada; and

[3.] (c) Notifies the Legislative Counsel of his intention to serve as a Commissioner.

2. The Legislative Counsel shall notify the National Conference of Commissioners on Uniform State Laws whenever a Commissioner is added pursuant to this section.

Sec. 4. This act becomes effective on July 1, 2005.

________

CHAPTER 361, AB 315

Assembly Bill No. 315–Assemblymen Pierce, Parks, Buckley, Giunchigliani and McClain

CHAPTER 361

AN ACT relating to motor vehicles; requiring disclosure of the existence of certain event recording devices in motor vehicles under certain circumstances; restricting the use of information retrieved from an event data recording device under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A manufacturer of a new motor vehicle which is sold or leased in this State and which is equipped with an event recording device shall disclose that fact in the owner’s manual for the vehicle. The disclosure must include, if applicable, a statement that the event recording device:

(a) Records the direction and rate of speed at which the motor vehicle travels;

(b) Records a history of where the motor vehicle travels;

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ê2005 Statutes of Nevada, Page 1359 (CHAPTER 361, AB 315)ê

(d) Records brake performance, including, without limitation, whether the brakes were applied before an accident;

(e) Records the status of the driver’s safety belt; and

(f) If an accident involving the motor vehicle occurs, is able to transmit information concerning the accident to a central communications system.

2. Except as otherwise provided in this section, data recorded by an event recording device may not be downloaded or otherwise retrieved by a person other than the registered owner of the vehicle. Data recorded by an event recording device may be downloaded or otherwise retrieved by a person other than the registered owner of the vehicle:

(a) If the registered owner of the vehicle consents to the retrieval of the data.

(b) Pursuant to the order of a court of competent jurisdiction.

(c) If the data is retrieved for the purpose of conducting research to improve motor vehicle safety, including, without limitation, conducting medical research to determine the reaction of a human body to motor vehicle accidents, provided that the identity of the registered owner or driver is not disclosed in connection with the retrieval of that data. The disclosure of a vehicle identification number pursuant to this paragraph does not constitute the disclosure of the identity of the registered owner or driver of the vehicle.

(d) If the data is retrieved by a new vehicle dealer or a garageman to diagnose, service or repair the motor vehicle.

(e) Pursuant to an agreement for subscription services for which disclosure required by subsection 4 has been made.

3. A person who retrieves data from an event recording device pursuant to paragraph (c) of subsection 2 shall not disclose that data to any person other than a person who is conducting research specified in that paragraph.

4. If a motor vehicle is equipped with an event recording device that is able to record or transmit any information described in subparagraph (2) or (6) of paragraph (a) of subsection 6 and that ability is part of a subscription service for the motor vehicle, the fact that the information may be recorded or transmitted must be disclosed in the agreement for the subscription service.

5. Any person who violates the provisions of this section is guilty of a misdemeanor.

6. As used in this section:

(a) “Event recording device” means a device which is installed by the manufacturer of a motor vehicle and which, for the purposes of retrieving data after an accident involving the motor vehicle:

(1) Records the direction and rate of speed at which the motor vehicle travels;

(2) Records a history of where the motor vehicle travels;

(3) Records steering performance;

(4) Records brake performance, including, without limitation, whether the brakes were applied before an accident;

(5) Records the status of the driver’s safety belt; or

(6) If an accident involving the motor vehicle occurs, is able to transmit information concerning the accident to a central communications system.

(b) “Garageman” has the meaning ascribed to it in NRS 487.545.

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ê2005 Statutes of Nevada, Page 1360 (CHAPTER 361, AB 315)ê

(d) “Owner” means:

(1) A person having all the incidents of ownership, including the legal title of the motor vehicle, whether or not he lends, rents or creates a security interest in the motor vehicle;

(2) A person entitled to possession of the motor vehicle as the purchaser under a security agreement; or

(3) A person entitled to possession of the motor vehicle as a lessee pursuant to a lease agreement if the term of the lease is more than 3 months.

Sec. 2. The provisions of this act apply to all motor vehicles that are manufactured on or after January 1, 2006.

Sec. 3. This act becomes effective on January 1, 2006.

________

CHAPTER 362, AB 456

Assembly Bill No. 456–Committee on Ways and Means

CHAPTER 362

AN ACT relating to county financing; authorizing the board of county commissioners in certain larger counties to transfer responsibility for the operation of the performing arts center in such a county to another governmental entity by cooperative agreement under certain circumstances; authorizing such a governmental entity to delegate to a nonprofit organization some or all of its responsibilities relating to such a center; providing that such a center may be designed and constructed pursuant to a contract with a design-build team; revising the provisions governing the planning, design and construction of a facility for vocational training for culinary skills in southern Nevada; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 244A.860 is hereby amended to read as follows:

244A.860 1. Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is 400,000 or more may by ordinance impose a fee upon the lease of a passenger car by a short-term lessor in the county in the amount of not more than 2 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity.

2. The fee imposed pursuant to subsection 1 must not apply to replacement vehicles. As used in this subsection, “replacement vehicle” means a vehicle that is:

(a) Rented temporarily by or on behalf of a person or leased to a person by a facility that repairs motor vehicles or a motor vehicle dealer; and

(b) Used by the person in place of a motor vehicle owned by the person that is unavailable for use because of mechanical breakdown, repair, service, damage or loss as defined in the owner’s policy of liability insurance for the motor vehicle.

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ê2005 Statutes of Nevada, Page 1361 (CHAPTER 362, AB 456)ê

3. After reimbursement of the Department pursuant to paragraph (a) of subsection 1 of NRS 244A.870 for its expense in collecting and administering a fee imposed pursuant to this section, the remaining proceeds of the fee which are received by a county must be used to pay the costs to acquire, improve, equip, operate and maintain within the county a performing arts center, or to pay the principal of, interest on or other payments due with respect to bonds issued to pay [such] those costs, including bonds issued to refund bonds issued to pay [such] those costs, or any combination thereof.

4. The board of county commissioners of a county that imposes the fee authorized by subsection 1 may enter into a cooperative agreement with another governmental entity in which the other governmental entity agrees to receive the proceeds of the fee from the county if the cooperative agreement includes a provision that requires the other governmental entity to assume all responsibility for the operation of the performing arts center and to use the proceeds of the fee it receives from the county to pay the costs to acquire, improve, equip, operate and maintain within the county a performing arts center, and to pay the principal of, interest on or other payments due with respect to bonds issued to pay those costs, including bonds issued to refund bonds issued to pay those costs, or any combination thereof. A governmental entity that enters into a cooperative agreement with the board of county commissioners pursuant to this subsection may delegate to a nonprofit organization one or more of the responsibilities that the governmental entity assumed pursuant to the cooperative agreement, including, without limitation, the acquisition, design, construction, improvement, equipment, operation and maintenance of the center.

5. The board of county commissioners shall not repeal or amend or otherwise directly or indirectly modify an ordinance imposing a fee pursuant to subsection 1 in such a manner as to impair any outstanding bonds issued by or other obligations incurred by the county until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.

[5.] 6. A performing arts center to be acquired, improved, equipped, operated and maintained pursuant to this section may, regardless of the estimated cost of the center, be designed and constructed pursuant to a contract with a design-build team in accordance with NRS 338.1711 to 338.1727, inclusive.

7. As used in this section, the words and terms defined in NRS 482.053 and 482.087 have the meanings ascribed to them in those sections.

Sec. 2. Section 13 of Chapter 15, Statutes of Nevada 2003, 20th Special Session, at page 298, is hereby amended to read as follows:

Sec. 13. Notwithstanding the provisions of section 3 of this act, the Board of County Commissioners of Clark County shall distribute the initial $3,000,000 collected from the fee imposed pursuant to section 3 of this act to the Culinary and Hospitality Academy of Las Vegas for the planning , [and] design and construction of a facility for vocational training in southern Nevada.

Sec. 3. This act becomes effective upon passage and approval.

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ê2005 Statutes of Nevada, Page 1362ê

CHAPTER 363, SB 263

Senate Bill No. 263–Senators Care, Titus and Amodei

Joint Sponsor: Assemblywoman Ohrenschall

CHAPTER 363

AN ACT relating to environmental covenants; adopting the Uniform Environmental Covenants Act; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 23, inclusive, of this act.

Sec. 2. This chapter may be cited as the Uniform Environmental Covenants Act.

Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 4. “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property.

Sec. 5. “Agency” means:

1. The State Department of Conservation and Natural Resources;

2. The Division of Environmental Protection of the State Department of Conservation and Natural Resources; or

3. The United States Environmental Protection Agency.

Sec. 6. “Common-interest community” means a condominium, cooperative or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance or improvement of other real property described in a recorded covenant that creates the common-interest community.

Sec. 7. “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations.

Sec. 8. “Environmental response project” means a plan or work performed for environmental remediation of real property and conducted:

1. Under a federal or state program governing environmental remediation of real property;

2. Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or

3. Under a state voluntary cleanup program authorized by the laws of this State.

Sec. 9. “Holder” means the grantee of an environmental covenant as specified in subsection 1 of section 13 of this act.

Sec. 10. “Person” means any natural person, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

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ê2005 Statutes of Nevada, Page 1363 (CHAPTER 363, SB 263)ê

venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

Sec. 11. “Record,” used as a noun, means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

Sec. 12. “State” means the State of Nevada.

Sec. 13. 1. Any person, including a person who owns an interest in the real property, the agency or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.

2. A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.

3. An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person who signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights or protections granted or imposed under law other than this chapter except as otherwise provided in the covenant.

4. The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:

(a) An interest that has priority under any other law is not affected by an environmental covenant unless the person who owns the interest subordinates that interest to the covenant.

(b) This chapter does not require a person who owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.

(c) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common-interest community, the record may be signed by any person authorized by the executive board of the unit-owners’ association.

(d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person’s interest, but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.

Sec. 14. 1. An environmental covenant must:

(a) State that the instrument is an environmental covenant executed pursuant to this chapter;

(b) Contain a legally sufficient description of the real property subject to the covenant;

(d) Identify every holder;

(e) Be signed by the agency, every holder and, unless waived by the agency, every owner of the fee simple of the real property subject to the covenant; and

(f) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.

2. In addition to the information required by subsection 1, an environmental covenant may contain other information, restrictions and requirements agreed to by the persons who signed it, including:

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ê2005 Statutes of Nevada, Page 1364 (CHAPTER 363, SB 263)ê

(a) Any requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;

(b) Any requirements for periodic reporting describing compliance with the covenant;

(d) A brief narrative description of the contamination and remedy, including the contaminants of concern, pathways of exposure, limits on exposure, and location and extent of the contamination;

(e) Any limitation on amendment or termination of the covenant in addition to those contained in sections 19 and 20 of this act; and

(f) Any rights of the holder in addition to its right to enforce the covenant pursuant to section 21 of this act.

3. In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.

Sec. 15. 1. An environmental covenant that complies with this chapter runs with the land.

2. An environmental covenant that is otherwise effective is valid and enforceable even if:

(a) It is not appurtenant to an interest in real property;

(b) It can be or has been assigned to a person other than the original holder;

(d) It imposes a negative burden;

(e) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;

(f) The benefit or burden does not touch or concern real property;

(g) There is no privity of estate or contract;

(h) The holder dies, ceases to exist, resigns or is replaced; or

(i) The owner of an interest subject to the environmental covenant and the holder are the same person.

3. An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations, except for the fact that the instrument was recorded before October 1, 2005, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection 2 or because it was identified as an easement, servitude, deed restriction or other interest. This chapter does not apply in any other respect to such an instrument.

4. This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the laws of this State.

Sec. 16. This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter.

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ê2005 Statutes of Nevada, Page 1365 (CHAPTER 363, SB 263)ê

Sec. 17. 1. A copy of an environmental covenant must be provided by the persons and in the manner required by the agency to:

(a) Each person who signed the covenant;

(b) Each person holding a recorded interest in the real property subject to the covenant;

(d) Each municipality or other unit of local government in which real property subject to the covenant is located and any local planning commission whose territorial jurisdiction includes or is immediately adjacent to the real property subject to the covenant; and

(e) Any other person the agency requires.

2. The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.

Sec. 18. 1. An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder must be treated as a grantee.

2. Except as otherwise provided in subsection 3 of section 19 of this act, an environmental covenant is subject to the laws of this State governing recording and priority of interests in real property.

Sec. 19. 1. An environmental covenant is perpetual unless it is:

(a) By its terms limited to a specific duration or terminated by the occurrence of a specific event;

(b) Terminated by consent pursuant to section 20 of this act;

(d) Terminated by foreclosure of an interest that has priority over the environmental covenant; or

(e) Terminated or modified in an eminent domain proceeding, but only if:

(1) The agency that signed the covenant is a party to the proceeding;

(2) All persons identified in subsections 1 and 2 of section 20 of this act are given notice of the pendency of the proceeding; and

(3) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.

2. If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsections 1 and 2 of section 20 of this act have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency’s determination or its failure to make a determination upon request is subject to judicial review pursuant to NRS 233B.130.

3. Except as otherwise provided in subsections 1 and 2, an environmental covenant may not be extinguished, limited or impaired through issuance of a tax deed, foreclosure of a tax lien or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement or acquiescence, or a similar doctrine.

4. An environmental covenant may not be extinguished, limited or impaired by application of any laws of this State relating to marketable title or dormant mineral interests.

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ê2005 Statutes of Nevada, Page 1366 (CHAPTER 363, SB 263)ê

Sec. 20. 1. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:

(a) The agency;

(b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;

(c) Each person who originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and

(d) Except as otherwise provided in paragraph (b) of subsection 4, the holder.

2. If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.

3. Except for an assignment undertaken pursuant to a governmental reorganization, the assignment of an environmental covenant to a new holder is an amendment.

4. Except as otherwise provided in an environmental covenant:

(a) A holder may not assign its interest without the consent of the other parties; and

(b) A holder may be removed and replaced by agreement of the other parties specified in subsection 1.

5. A court of competent jurisdiction may fill a vacancy in the position of holder.

Sec. 21. 1. A civil action for injunctive or other equitable relief for the violation of an environmental covenant may be maintained by:

(a) A party to the covenant;

(b) The agency or, if it is not the agency, the State Department of Conservation and Natural Resources or the Division of Environmental Protection of that Department;

(d) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or

(e) A municipality or other unit of local government in which the real property subject to the covenant is located.

2. This chapter does not limit the regulatory authority of the agency, or the State Environmental Commission, the State Department of Conservation and Natural Resources or the Division of Environmental Protection of that Department, under law other than this chapter with respect to an environmental response project.

3. A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.

Sec. 22. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Sec. 23. This chapter modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede Section 101 of that Act, 15 U.S.C. § 7001(a), or authorize electronic delivery of any of the notices described in Section 103 of that Act, 15 U.S.C. § 7003(b).

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ê2005 Statutes of Nevada, Page 1367 (CHAPTER 363, SB 263)ê

Act, 15 U.S.C. § 7001(a), or authorize electronic delivery of any of the notices described in Section 103 of that Act, 15 U.S.C. § 7003(b).

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CHAPTER 364, SB 269

Senate Bill No. 269–Senators Beers and Schneider

CHAPTER 364

AN ACT relating to parking by person with disabilities; providing for the issuance of letters to certain persons to whom a special license plate, placard or sticker that authorizes parking in spaces designated for the handicapped have been issued; making it unlawful under certain circumstances for persons named in such a letter to allow another person to park a vehicle displaying the plate, placard or sticker; increasing the minimum amount of the fines for unlawfully parking in a space designated for handicapped parking; providing a penalty; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 482.384 is hereby amended to read as follows:

482.384 1. Upon the application of a person with a permanent disability, the Department may issue special license plates for a vehicle, including a motorcycle, registered by the applicant pursuant to this chapter. The application must include a statement from a licensed physician certifying that the applicant is a person with a permanent disability. The issuance of a special license plate to a person with a permanent disability pursuant to this subsection does not preclude the issuance to such a person of a special parking placard for a vehicle other than a motorcycle or a special parking sticker for a motorcycle pursuant to subsection 6.

2. Every year after the initial issuance of special license plates to a person with a permanent disability, the Department shall require the person to renew his special license plates in accordance with the procedures for renewal of registration pursuant to this chapter. The Department shall not require a person with a permanent disability to include with his application for renewal a statement from a licensed physician certifying that the person is a person with a permanent disability.

3. Upon the application of an organization which provides transportation for a person with a permanent disability, disability of moderate duration or temporary disability, the Department may issue special license plates for a vehicle registered by the organization pursuant to this chapter, or the Department may issue special parking placards to the organization pursuant to this section to be used on vehicles providing transportation to such persons. The application must include a statement from the organization certifying that:

(a) The vehicle for which the special license plates are issued is used primarily to transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities; or (b) The organization which is issued the special parking placards will only use such placards on vehicles that actually transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities.

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ê2005 Statutes of Nevada, Page 1368 (CHAPTER 364, SB 269)ê

(b) The organization which is issued the special parking placards will only use such placards on vehicles that actually transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities.

4. The Department may charge a fee for special license plates issued pursuant to this section not to exceed the fee charged for the issuance of license plates for the same class of vehicle.

5. Special license plates issued pursuant to this section must display the international symbol of access in a color which contrasts with the background and is the same size as the numerals and letters on the plate.

6. Upon the application of a person with a permanent disability or disability of moderate duration, the Department may issue:

(a) A special parking placard for a vehicle other than a motorcycle. Upon request, the Department may issue one additional placard to an applicant to whom special license plates have not been issued pursuant to this section.

(b) A special parking sticker for a motorcycle.

Ê The application must include a statement from a licensed physician certifying that the applicant is a person with a permanent disability or disability of moderate duration.

7. A special parking placard issued pursuant to subsection 6 must:

(a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a blue background;

(b) Have an identification number and date of expiration of:

(1) If the special parking placard is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

(2) If the special parking placard is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance;

(d) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

8. A special parking sticker issued pursuant to subsection 6 must:

(a) Have inscribed on it the international symbol of access which complies with any applicable federal standards, is centered on the sticker and is white on a blue background;

(b) Have an identification number and a date of expiration of:

(1) If the special parking sticker is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

(2) If the special parking sticker is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance; and

9. Before the date of expiration of a special parking placard or special parking sticker issued to a person with a permanent disability or disability of moderate duration, the person shall renew his special parking placard or special parking sticker. If the applicant for renewal is a person with a disability of moderate duration, the applicant must include with his application for renewal a statement from a licensed physician certifying that the applicant is a person with a disability which limits or impairs the ability to walk, and that such disability, although not irreversible, is estimated to last longer than 6 months.

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ê2005 Statutes of Nevada, Page 1369 (CHAPTER 364, SB 269)ê

longer than 6 months. A person with a permanent disability is not required to submit evidence of a continuing disability with his application for renewal.

10. The Department, or a city or county, may issue, and charge a reasonable fee for, a temporary parking placard for a vehicle other than a motorcycle or a temporary parking sticker for a motorcycle upon the application of a person with a temporary disability. Upon request, the Department, city or county may issue one additional temporary parking placard to an applicant. The application must include a certificate from a licensed physician indicating:

(a) That the applicant has a temporary disability; and

(b) The estimated period of the disability.

11. A temporary parking placard issued pursuant to subsection 10 must:

(a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a red background; [and]

(b) Have an identification number and a date of expiration; and

(c) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

12. A temporary parking sticker issued pursuant to subsection 10 must [have] :

(a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the sticker and is white on a red background [.] ; and

(b) Have an identification number and a date of expiration.

13. A temporary parking placard or temporary parking sticker is valid only for the period for which a physician has certified the disability, but in no case longer than 6 months. If the temporary disability continues after the period for which the physician has certified the disability, the person with the temporary disability must renew the temporary parking placard or temporary parking sticker before the temporary parking placard or temporary parking sticker expires. The person with the temporary disability shall include with his application for renewal a statement from a licensed physician certifying that the applicant continues to be a person with a temporary disability and the estimated period of the disability.

14. A special or temporary parking placard must be displayed in the vehicle when the vehicle is parked by hanging or attaching the placard to the rearview mirror of the vehicle. If the vehicle has no rearview mirror, the placard must be placed on the dashboard of the vehicle in such a manner that the placard can easily be seen from outside the vehicle when the vehicle is parked.

15. Upon issuing a special license plate pursuant to subsection 1, a special or temporary parking placard or a special or temporary parking sticker, the Department, or the city or county, if applicable, shall issue a letter to the applicant that sets forth the name and address of the person with a permanent disability, disability of moderate duration or temporary disability to whom the special license plate, special or temporary parking placard or special or temporary parking sticker has been issued; and

(a) If the person receives special license plates, the license plate number designated for the plates; and

(b) If the person receives a special or temporary parking placard or a special or temporary parking sticker, the identification number and date of expiration indicated on the placard or sticker.

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ê2005 Statutes of Nevada, Page 1370 (CHAPTER 364, SB 269)ê

Ê The letter, or a legible copy thereof, must be kept with the vehicle for which the special license plate has been issued or in which the person to whom the special or temporary parking placard or special or temporary parking sticker has been issued is driving or is a passenger.

16. A special or temporary parking sticker must be affixed to the windscreen of the motorcycle. If the motorcycle has no windscreen, the sticker must be affixed to any other part of the motorcycle which may be easily seen when the motorcycle is parked.

[16.] 17. Special or temporary parking placards, special or temporary parking stickers, or special license plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.

[17.] 18. No person, other than the person certified as being a person with a permanent disability, disability of moderate duration or temporary disability, or a person actually transporting such a person, may use the special license plates or a special or temporary parking placard, or a special or temporary parking sticker issued pursuant to this section to obtain any special parking privileges available pursuant to this section.

[18.] 19. Any person who violates the provisions of subsection [17] 18 is guilty of a misdemeanor.

[19.] 20. The Department may review the eligibility of each holder of a special parking placard, a special parking sticker or special license plates, or any combination thereof. Upon a determination of ineligibility by the Department, the holder shall surrender the special parking placard, special parking sticker or special license plates, or any combination thereof, to the Department.

[20.] 21. The Department may adopt such regulations as are necessary to carry out the provisions of this section.

Sec. 2. NRS 484.408 is hereby amended to read as follows:

484.408 1. Any parking space designated for the handicapped must be indicated by a sign:

(a) Bearing the international symbol of access with or without the words “Parking,” “Handicapped Parking,” “Handicapped Parking Only” or “Reserved for the Handicapped,” or any other word or combination of words indicating that the space is designated for the handicapped;

(b) Stating “Minimum fine of [$100] $250 for use by others” or equivalent words; and

2. In addition to the requirements of subsection 1, a parking space designated for the handicapped which:

(a) Is designed for the exclusive use of a vehicle with a side-loading wheelchair lift; and

(b) Is located in a parking lot with 60 or more parking spaces,

Ê must be indicated by a sign using a combination of words to state that the space is for the exclusive use of a vehicle with a side-loading wheelchair lift.

3. If a parking space is designed for the use of a vehicle with a side-loading wheelchair lift, the space which is immediately adjacent and intended for use in the loading and unloading of a wheelchair into or out of such a vehicle must be indicated by a sign:

(a) Stating “No Parking” or similar words which indicate that parking in such a space is prohibited;

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ê2005 Statutes of Nevada, Page 1371 (CHAPTER 364, SB 269)ê

(b) Stating “Minimum fine of [$100] $250 for violation” or similar words indicating that the minimum fine for parking in such a space is [$100;] $250; and

4. An owner of private property upon which is located a parking space described in subsection 1, 2 or 3 shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable. If a parking space described in subsection 1, 2 or 3 is located on public property, the governmental entity having control over that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.

5. A person shall not park a vehicle in a space designated for the handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:

(a) Special license plates issued pursuant to NRS 482.384;

(b) A special or temporary parking placard issued pursuant to NRS 482.384;

(d) Special license plates, a special or temporary parking sticker, or a special or temporary parking placard displaying the international symbol of access issued by another state or a foreign country; or

(e) Special license plates for a disabled veteran issued pursuant to NRS 482.377.

6. Except as otherwise provided in this subsection, a person shall not park a vehicle in a space that is reserved for the exclusive use of a vehicle with a side-loading wheelchair lift and is designated for the handicapped by a sign that meets the requirements of subsection 2, whether on public or privately owned property, unless:

(a) He is eligible to do so;

(b) The vehicle displays the special license plates or placard set forth in subsection 5; and

Ê A person who meets the requirements of paragraphs (a) and (b) may park a vehicle that is not equipped with a side-loading wheelchair lift in such a parking space if the space is in a parking lot with fewer than 60 parking spaces.

7. A person shall not park in a space which:

(a) Is immediately adjacent to a space designed for use by a vehicle with a side-loading wheelchair lift; and

(b) Is designated as a space in which parking is prohibited by a sign that meets the requirements of subsection 3,

Ê whether on public or privately owned property.

8. A person shall not use a plate, sticker or placard set forth in subsection 5 to park in a space designated for the handicapped unless he is a person with a permanent disability, disability of moderate duration or temporary disability, a disabled veteran, or the driver of a vehicle in which any such person is a passenger.

9. A person with a permanent disability, disability of moderate duration or temporary disability to whom a:

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ê2005 Statutes of Nevada, Page 1372 (CHAPTER 364, SB 269)ê

(a) Special license plate, or a special or temporary parking sticker, has been issued pursuant to NRS 482.384 shall not allow any other person to park the vehicle or motorcycle displaying the special license plate or special or temporary parking sticker in a space designated for the handicapped unless the person with the permanent disability, disability of moderate duration or temporary disability is a passenger in the vehicle or on the motorcycle, or is being picked up or dropped off by the driver of the vehicle or motorcycle, at the time that the vehicle or motorcycle is parked in the space designated for the handicapped.

(b) Special or temporary parking placard has been issued pursuant to NRS 482.384 shall not allow any other person to park the vehicle which displays the special or temporary parking placard in a space designated for the handicapped unless the person with the permanent disability, disability of moderate duration or temporary disability is a passenger in the vehicle, or is being picked up or dropped off by the driver of the vehicle, at the time that it is parked in the space designated for the handicapped.

10. A person who violates any of the provisions of subsections 5 to [8,] 9, inclusive, is guilty of a misdemeanor and shall be punished:

(a) Upon the first offense, by a fine of [$100.] $250.

(b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.

(c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.

Sec. 3. Not later than October 1, 2005:

1. The Department of Motor Vehicles shall issue, in accordance with the amendatory provisions of section 1 of this act, a letter to each person to whom the Department has, on or before October 1, 2005, issued pursuant to NRS 484.384:

(a) A special license plate; or

(b) A special or temporary parking placard or a special or temporary parking sticker that has an expiration date of October 1, 2005, or later.

2. The governing body of a city shall issue, in accordance with the amendatory provisions of section 1 of this act, a letter to each person to whom the city has, on or before October 1, 2005, issued pursuant to NRS 484.384 a temporary parking placard or sticker that has an expiration date of October 1, 2005, or later.

3. A board of county commissioners shall issue, in accordance with the amendatory provisions of section 1 of this act, a letter to each person to whom the county has, on or before October 1, 2005, issued pursuant to NRS 484.384 a temporary parking placard or sticker that has an expiration date of October 1, 2005, or later.

Sec. 4. 1. This section and section 3 of this act become effective upon passage and approval.

2. Sections 1 and 2 of this act become effective on October 1, 2005.

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ê2005 Statutes of Nevada, Page 1373ê

CHAPTER 365, SB 44

Senate Bill No. 44–Committee on Commerce and Labor

CHAPTER 365

AN ACT relating to trade practices; revising provisions regulating organizations for buying goods or services at a discount; authorizing a parent business entity to serve as a trustee, under certain circumstances, for trust accounts maintained by its affiliate organizations; requiring such a parent to post additional security for the protection of buyers who are members of the affiliate organizations; providing an alternative method for trustees of such affiliate organizations to withdraw money from certain trust accounts; requiring that the membership contract between a buyer and an organization clearly specify certain of the buyer’s rights and the conditions and limitations on those rights; revising provisions that authorize a buyer to rescind his membership contract if the organization moves its place of business beyond a certain distance; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 598.840 is hereby amended to read as follows:

598.840 As used in NRS 598.840 to 598.930, inclusive, unless the context otherwise requires:

1. “Affiliate organization” means an organization for buying goods or services at a discount that:

(a) Is a subsidiary of a parent business entity; or

(b) Operates under a franchise granted by a parent business entity.

2. “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.

[2.] 3. “Buyer” means a person who purchases by contract a membership in an organization for buying goods or services at a discount.

[3.] 4. “Commissioner” means the Commissioner of the Consumer Affairs Division . [of the Department of Business and Industry.

4.] 5. “Consumer Affairs Division” means the Consumer Affairs Division of the Department of Business and Industry.

6. “Franchise” has the meaning ascribed to it in 16 C.F.R. § 436.2, as amended or substituted in revision by the Federal Trade Commission.

7. “Organization for buying goods or services at a discount” or “organization” means a person who, for a consideration, provides or claims to provide a buyer with the ability to purchase goods or services at a price which is represented to be lower than the price generally charged in the area. The term includes, without limitation, an affiliate organization.

8. “Parent business entity” or “parent” means any business entity that, directly or indirectly, has owned, operated, controlled or granted franchises to, in any combination thereof, at least 15 organizations or affiliate organizations for a consecutive period of 5 years or more.

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9. “Subsidiary” means an organization for buying goods or services at a discount that is owned, operated or controlled, either directly or indirectly or in whole or in part, by a parent business entity.

Sec. 2. NRS 598.851 is hereby amended to read as follows:

598.851 Before advertising its services or conducting business in this State, an organization for buying goods or services at a discount must register pursuant to NRS 598.721 and post security in the amount of $50,000 with the Consumer Affairs Division [of the Department of Business and Industry] pursuant to NRS 598.726. The security must be conditioned on compliance by the organization with the provisions of NRS 598.840 to 598.930, inclusive, [and this section, and] the terms of the buyer’s contract for membership in the organization and the terms of any contract with the buyer [.] for the purchase of goods or services.

Sec. 3. NRS 598.855 is hereby amended to read as follows:

598.855 1. Before the organization receives any money from any buyer pursuant to a contract for membership in the organization, it shall establish a trust account for payments on contracts at a financial institution that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. Each payment from a buyer for his contract for membership , except for $50 of the first payment, must be deposited in the trust account. [During]

2. Except as otherwise provided in subsection 3, during each quarter of the term of a buyer’s contract or each 6 months, whichever period is shorter, the trustee shall withdraw one - quarter of the buyer’s payments under the contract from the trust account and pay the amount to the organization.

[2.] 3. If an affiliate organization obtains the express consent of its parent and the parent posts the security required by subsection 4, the affiliate organization may:

(a) Authorize the parent to serve as the trustee pursuant to NRS 598.865 for the trust accounts required by this section and NRS 598.860; and

(b) Authorize the trustee to make the following withdrawals from the trust account required by this section:

(1) During the first quarter of the term of a buyer’s contract or the first 6 months, whichever period is shorter, the trustee shall withdraw not more than one-half of the buyer’s payments under the contract from the trust account and pay the amount to the affiliate organization; and

(2) During the second quarter of the term of the buyer’s contract or the second 6 months, whichever period is shorter, the trustee shall withdraw the remaining balance of the buyer’s payments under the contract from the trust account and pay the amount to the affiliate organization.

4. Before a trustee may withdraw money from a trust account pursuant to subsection 3, the parent must post security in the amount of $250,000 with the Consumer Affairs Division pursuant to NRS 598.726. The security posted by the parent:

(a) Provides coverage for all of the parent’s affiliate organizations that are authorized to act pursuant to subsection 3;

(b) Must be conditioned on compliance by such an affiliate organization with the provisions of NRS 598.840 to 598.930, inclusive, the terms of the buyer’s contract for membership in the affiliate organization and the terms of any contract with the buyer for the purchase of goods or services; and

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and the terms of any contract with the buyer for the purchase of goods or services; and

(c) May be used to pay a claim against such an affiliate organization only if the security posted by the affiliate organization pursuant to NRS 598.851 has been exhausted.

5. If the organization sells, transfers or assigns the contract with the buyer to a third party, and the third party gives reasonable consideration for the contract, the organization shall deposit the consideration in the trust account. If the third party does not give reasonable consideration for the contract, the organization shall deposit all payments on the contract from the buyer in the organization’s trust account for payments on the contract.

Sec. 4. NRS 598.865 is hereby amended to read as follows:

598.865 1. [The] Except as otherwise provided in subsection 3 of NRS 598.855, the trust accounts required by NRS 598.855 and 598.860 must be administered by an independent trustee approved by the Commissioner. All fees charged by the trustee to administer [an] a trust account must be paid by the organization.

2. The trustee shall withdraw money from the trust account for payments on goods or services only upon written proof from the source of the goods or services that the items have been shipped or delivered to the buyer. The Commissioner may audit the trustee as necessary to ensure compliance with NRS 598.840 to 598.930, inclusive.

Sec. 5. NRS 598.875 is hereby amended to read as follows:

598.875 Each contract for membership in an organization must:

1. Be in writing, legible and have all spaces filled in before the buyer signs it;

2. Be in the language in which the sales presentation was given;

3. Contain the addresses of the buyer and the organization;

4. Be given to the buyer when he signs it;

5. Disclose that the security required by NRS 598.726 , 598.851 and, if applicable, NRS 598.855 has been obtained and deposited with the [Commissioner;] Consumer Affairs Division;

6. Specify the term of the membership of the buyer, which may not be measured by the buyer’s life; [and]

7. Clearly specify the buyer’s right to cancel the contract pursuant to NRS 598.885 [.] ;

8. Clearly specify the buyer’s right to rescind the contract and to be given a refund pro rata pursuant to NRS 598.910 and the conditions and limitations on that right;

9. Clearly specify the buyer’s right to a refund on the purchase of goods pursuant to NRS 598.895 and the conditions and limitations on that right; and

10. Clearly specify whether or not the buyer is given any other rights to a refund on the purchase of goods or services and, if so, any conditions and limitations on those rights.

Sec. 6. NRS 598.910 is hereby amended to read as follows:

598.910 1. If an organization transfers its obligation to provide goods or services to a buyer to another organization which provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure to him of the goods and services to be provided by the new organization. If a buyer does not consent, his contract is rescinded, and he must be given a refund pro rata based on the amount of time he was a member of the organization.

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ê2005 Statutes of Nevada, Page 1376 (CHAPTER 365, SB 44)ê

he must be given a refund pro rata based on the amount of time he was a member of the organization.

2. The buyer may rescind the contract and the organization shall give him a refund pro rata based on the amount of time he was a member [, if:

(a) The] of the organization if any of the following circumstances occur:

(a) Except as otherwise provided in this paragraph, the organization moves its place of business which is geographically closest to the buyer’s residence , as indicated in the contract, more than 20 miles farther from the buyer’s residence than it was when the contract for membership was signed . [; or] The provisions of this paragraph do not apply if:

(1) The organization offers the buyer a substantially equivalent at-home ordering service through at least one other generally available channel of communication, including, without limitation, the Internet;

(2) The at-home ordering service offers the same categories of goods and services provided by the organization at the time the organization moves its place of business; and

(3) Any goods ordered by the buyer through the at-home ordering service are shipped, at the election of the buyer, to either the buyer’s residence, as indicated in the contract, or a freight receiver within 20 miles of that residence.

(b) Within 6 months after the contract for membership was signed, the organization stops providing any category of goods or services represented to the buyer to be available when he signed the contract.

________

CHAPTER 366, AB 454

Assembly Bill No. 454–Committee on Health and Human Services

CHAPTER 366

AN ACT relating to mental retardation; providing for the regulation of certain services provided to mentally retarded persons in their homes to maximize independence; requiring certification to provide such services; requiring the Legislative Committee on Health Care to review certain regulations concerning providers of supported living arrangement services; exempting certain persons who provide supported living arrangement services from the state certification and licensing requirements for practicing nursing in this State; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth in sections 2 to 12, inclusive, of this act.

Sec. 2. As used in sections 2 to 12, 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. “Certificate” means a certificate to provide supported living arrangement services that is issued pursuant to sections 2 to 12, inclusive, of this act and the regulations adopted pursuant to sections 2 to 12, inclusive, of this act.

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ê2005 Statutes of Nevada, Page 1377 (CHAPTER 366, AB 454)ê

of this act and the regulations adopted pursuant to sections 2 to 12, inclusive, of this act.

Sec. 4. “Supported living arrangement services” means flexible, individualized services provided in the home, for compensation, to a mentally retarded person or a person with a related condition who is served by the Division that are designed and coordinated to assist the person in maximizing his independence, including, without limitation, training and habilitation services.

Sec. 5. 1. No partnership, firm, corporation, association, state or local government or agency thereof may provide supported living arrangement services in this State without first obtaining a certificate from the Division.

2. No natural person other than a person who is employed by an entity listed in subsection 1 may provide supported living arrangement services in this State without first obtaining a certificate from the Division.

Sec. 6. 1. The Division shall adopt regulations governing supported living arrangement services, including, without limitation, regulations that set forth:

(a) Standards for the provision of quality care by providers of supported living arrangement services;

(b) The requirements for the issuance and renewal of a certificate to provide supported living arrangement services; and

(c) The rights of consumers of supported living arrangement services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing such a complaint.

2. The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of supported living arrangement services.

3. For each regulation adopted pursuant to sections 2 to 12, inclusive, of this act, and submitted to the Legislative Counsel pursuant to NRS 233B.067 for review by the Legislative Commission, the Division shall set forth in the informational statement prepared pursuant to NRS 233B.066 that accompanies the regulation any supported living arrangement services that the regulation authorizes persons to provide pursuant to NRS 632.340 when the persons would otherwise be prohibited from providing such services pursuant to NRS 632.315.

Sec. 7. 1. The Division may, by regulation, prescribe a fee for:

(a) The issuance of a certificate; and

(b) The renewal of a certificate.

2. A fee prescribed pursuant to subsection 1 must be calculated to produce the revenue estimated to cover the costs related to the certifications and renewals, but in no case may a fee for a certificate or renewal of a certificate exceed the actual cost to the Division of issuing or renewing the certificate, as applicable.

Sec. 8. The Division may:

1. Upon receipt of an application for a certificate, conduct an investigation into the qualifications of personnel, methods of operation, policies and purposes of any natural person, partnership, firm, corporation, association, state or local government or agency thereof proposing to provide supported living arrangement services;

2. Upon receipt of a complaint against a natural person, partnership, firm, corporation, association, state or local government or agency thereof providing supported living arrangement services, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of personnel, methods of operation, policies, procedures and records of the provider of services; and

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ê2005 Statutes of Nevada, Page 1378 (CHAPTER 366, AB 454)ê

providing supported living arrangement services, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of personnel, methods of operation, policies, procedures and records of the provider of services; and

3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of sections 2 to 12, inclusive, of this act.

Sec. 9. 1. The Division may bring an action in the name of the State to enjoin any natural person, partnership, firm, corporation, association, state or local government or agency thereof from providing supported living arrangement services:

(a) Without first obtaining a certificate from the Division; or

(b) After his or its certificate has been revoked or suspended by the Division.

2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, provide supported living arrangement services without a certificate.

Sec. 10. 1. A natural person who applies for the issuance or renewal of a certificate must submit to the Division the statement prescribed by the Welfare Division of the Department pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Division shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or

(b) A separate form prescribed by the Division.

3. A certificate may not be issued or renewed by the Division if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

Sec. 11. The application of a natural person who applies for the issuance of a certificate must include the social security number of the applicant.

Sec. 12. 1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a natural person who is the holder of a certificate, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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ê2005 Statutes of Nevada, Page 1379 (CHAPTER 366, AB 454)ê

district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate a certificate that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 13. NRS 439B.225 is hereby amended to read as follows:

439B.225 1. As used in this section, “licensing board” means any division or board empowered to adopt standards for licensing or registration or for the renewal of licenses or certificates of registration pursuant to chapter 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 641, 641A, 641B, 641C, 652 or 654 of NRS [.] or sections 2 to 12, inclusive, of this act.

2. The Committee shall review each regulation that a licensing board proposes or adopts that relates to standards for licensing or registration or to the renewal of a license or certificate of registration issued to a person or facility regulated by the board, giving consideration to:

(a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;

(b) The effect of the regulation on the cost of health care in this State;

(c) The effect of the regulation on the number of licensed or registered persons and facilities available to provide services in this State; and

(d) Any other related factor the Committee deems appropriate.

3. After reviewing a proposed regulation, the Committee shall notify the agency of the opinion of the Committee regarding the advisability of adopting or revising the proposed regulation.

4. The Committee shall recommend to the Legislature as a result of its review of regulations pursuant to this section any appropriate legislation.

Sec. 14. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.

Sec. 15. “Provider of supported living arrangement services” means a natural person who or a partnership, firm, corporation, association, state or local government or agency thereof that has been issued a certificate pursuant to sections 2 to 12, inclusive, of this act and the regulations adopted pursuant to sections 2 to 12, inclusive, of this act.

Sec. 16. “Supported living arrangement services” has the meaning ascribed to it in section 4 of this act.

Sec. 17. NRS 449.001 is hereby amended to read as follows:

449.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and sections 15 and 16 of this act have the meanings ascribed to them in those sections.

Sec. 18. NRS 449.0015 is hereby amended to read as follows:

449.0015 “Agency to provide nursing in the home” means any person or governmental organization which provides in the home, through its employees or by contractual arrangement with other persons, skilled nursing and assistance and training in health and housekeeping skills. The term does not include a provider of supported living arrangement services during any period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.

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ê2005 Statutes of Nevada, Page 1380 (CHAPTER 366, AB 454)ê

period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.

Sec. 19. NRS 449.0105 is hereby amended to read as follows:

449.0105 “Home for individual residential care” means a home in which a natural person furnishes food, shelter, assistance and limited supervision, for compensation, to not more than two persons who are aged, infirm, mentally retarded or handicapped, unless the persons receiving those services are related within the third degree of consanguinity or affinity to the person providing those services. The term does not include [a] :

1. A halfway house for recovering alcohol and drug abusers [.] ; or

2. A home in which supported living arrangement services are provided by a provider of supported living arrangement services during any period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.

Sec. 20. NRS 449.0153 is hereby amended to read as follows:

449.0153 “Nursing pool” means a person or agency which provides for compensation, through its employees or by contractual arrangement with other persons, nursing services to any natural person, medical facility or facility for the dependent. The term does not include [an] :

1. An independent contractor who provides such services without the assistance of employees [or a] ;

2. A nursing pool based in a medical facility or facility for the dependent [.] ; or

3. A provider of supported living arrangement services during any period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.

Sec. 21. NRS 632.340 is hereby amended to read as follows:

632.340 The provisions of NRS 632.315 do not prohibit:

1. Gratuitous nursing by friends or by members of the family of a patient.

2. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.

3. Nursing assistance in the case of an emergency.

4. The practice of nursing by students enrolled in accredited schools of nursing or by graduates of those schools or courses pending the results of the first licensing examination scheduled by the Board following graduation. A student or graduate may not work as a nursing assistant unless he is certified to practice as a nursing assistant pursuant to the provisions of this chapter.

5. The practice of nursing in this State by any legally qualified nurse or nursing assistant of another state whose engagement requires him to accompany and care for a patient temporarily residing in this State during the period of one such engagement, not to exceed 6 months, if the person does not represent or hold himself out as a nurse licensed to practice in this State or as a nursing assistant who holds a certificate to practice in this State.

6. The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division or agency thereof, while in the discharge of his official duties in this State.

7. Nonmedical nursing for the care of the sick, with or without compensation, if done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, if that nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018, respectively.

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ê2005 Statutes of Nevada, Page 1381 (CHAPTER 366, AB 454)ê

denomination, if that nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018, respectively.

8. A personal assistant from performing services for a person with a physical disability pursuant to NRS 629.091.

9. A natural person from providing supported living arrangement services if:

(a) That person has been issued a certificate pursuant to sections 2 to 12, inclusive, of this act and the regulations adopted pursuant to sections 2 to 12, inclusive, of this act; or

(b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to sections 2 to 12, inclusive, of this act and the regulations adopted pursuant to sections 2 to 12, inclusive of this act.

Ê As used in this subsection, “supported living arrangement services” has the meaning ascribed to it in section 4 of this act.

Sec. 22. Notwithstanding the provisions of section 5 of this act, a person, partnership, firm, corporation, association, state or local government or agency thereof is not required to possess a certificate issued by the Division of Mental Health and Developmental Services of the Department of Human Resources to provide supported living arrangement services in this State before January 1, 2006, unless the Division establishes, by regulation, an earlier date for compliance with section 5 of this act.

Sec. 23. 1. This section and section 22 of this act become effective upon passage and approval.

2. Sections 1 to 21, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and on October 1, 2005, for all other purposes.

3. Sections 10, 11 and 12 of this act expire 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 the subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

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CHAPTER 367, SB 52

Senate Bill No. 52–Senator Townsend

CHAPTER 367

AN ACT relating to local governments; authorizing the board of county commissioners of a county and the governing body of a city to designate persons who are charged with the enforcement of county or city ordinances to prepare, sign and serve written citations for violations of county or city ordinances in their jurisdiction; increasing the amount that the governing body of a city is authorized to impose as a civil penalty for a violation of certain city ordinances; requiring that if a county board of health, city board of health or district board of health has adopted a definition of garbage, that certain ordinances adopted by the governing body of an incorporated city use that definition; revising the provisions governing the authority of the governing body of a city to abate certain conditions on private property; authorizing persons charged with the enforcement of county or city ordinances to remove abandoned vehicles from public property in their jurisdiction; and providing other matters properly relating thereto.

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ê2005 Statutes of Nevada, Page 1382 (CHAPTER 367, SB 52)ê

of health has adopted a definition of garbage, that certain ordinances adopted by the governing body of an incorporated city use that definition; revising the provisions governing the authority of the governing body of a city to abate certain conditions on private property; authorizing persons charged with the enforcement of county or city ordinances to remove abandoned vehicles from public property in their jurisdiction; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 171.17751 is hereby amended to read as follows:

171.17751 1. Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers, traffic engineers, [and] marshals and park rangers of units of specialized law enforcement established pursuant to NRS 280.125, and other persons charged with the enforcement of county or city ordinances, to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.

2. The State Health Officer and the health officer of each county, district and city may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.

3. The Chief of the Manufactured Housing Division of the Department of Business and Industry may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the Division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.

4. The State Contractors’ Board may designate certain of its employees to prepare, sign and serve written citations on persons pursuant to subsection 2 of NRS 624.115.

5. An employee designated pursuant to this section:

(a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;

(b) May, if he is employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and

Sec. 2. NRS 268.019 is hereby amended to read as follows:

268.019 [The]

1. Except as otherwise provided in subsection 2, the governing body of an incorporated city may by ordinance provide that the violation of a particular ordinance of such governing body imposes a civil liability to the city in an amount not to exceed $500 instead of a criminal sanction.

2. The governing body of an incorporated city may by ordinance provide that a violation of an ordinance adopted by the governing body pursuant to NRS 268.4122 by the owner of commercial property imposes a civil liability to the city in an amount not to exceed $1,000 instead of a criminal sanction.

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ê2005 Statutes of Nevada, Page 1383 (CHAPTER 367, SB 52)ê

pursuant to NRS 268.4122 by the owner of commercial property imposes a civil liability to the city in an amount not to exceed $1,000 instead of a criminal sanction.

Sec. 3. NRS 268.4122 is hereby amended to read as follows:

268.4122 1. The governing body of a city may adopt by ordinance procedures pursuant to which the governing body or its designee may order an owner of property within the city to:

(a) Repair, safeguard or eliminate a dangerous structure or condition;

(b) Clear debris, rubbish , [and] refuse , litter, garbage, abandoned or junk vehicles or junk appliances which [is] are not subject to the provisions of chapter 459 of NRS; or

Ê to protect the public health, safety and welfare of the residents of the city.

2. An ordinance adopted pursuant to subsection 1 must:

(a) Contain procedures pursuant to which the owner of the property is:

(1) Sent a notice, by certified mail, return receipt requested, of the existence on his property of a condition set forth in subsection 1 and the date by which he must abate the condition; and

(2) Afforded an opportunity for a hearing before the designee of the governing body and an appeal of that decision. The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.

(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

(c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

(d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was requested to abate the condition.

(e) If the county board of health, city board of health or district board of health in whose jurisdiction the incorporated city is located has adopted a definition of garbage, use the definition of garbage adopted by the county board of health, city board of health or district board of health, as applicable.

3. The governing body or its designee may direct the city to abate the condition on the property and may recover the amount expended by the city for labor and materials used to abate the condition if:

(a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on his property within the period specified in the notice;

(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order; or

(c) The governing body or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.

4. In addition to any other reasonable means of recovering money expended by the city to abate the condition, the governing body may make the expense a special assessment against the property upon which the condition is or was located.

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ê2005 Statutes of Nevada, Page 1384 (CHAPTER 367, SB 52)ê

condition is or was located. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

5. As used in this section, “dangerous structure or condition” means a structure or condition that may cause injury to or endanger the health, life, property , [or] safety or welfare of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

(a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 268.413 with respect to minimum levels of health , maintenance or safety; or

(b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the governing body of a city, the violation of which is designated as a nuisance in the ordinance, rule or regulation.

Sec. 4. NRS 487.230 is hereby amended to read as follows:

487.230 1. Any sheriff, constable, member of the Nevada Highway Patrol, officer of the Legislative Police, investigator of the Division of Compliance Enforcement of the Department, personnel of the Capitol Police Division of the Department of Public Safety, designated employees of the Manufactured Housing Division of the Department of Business and Industry, special investigator employed by the office of a district attorney, marshal or policeman of a city or town, [or] a marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125 , or any other person charged with the enforcement of county or city ordinances who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property. At the request of the owner or person in possession or control of private property who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.

2. A person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:

(a) Have the vehicle taken to the nearest garage or other place designated for storage by:

(1) The state agency or political subdivision making the request, if the vehicle is removed from public property.

(2) The owner or person in possession or control of the property, if the vehicle is removed from private property.

(b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.

Sec. 5. This act becomes effective on July 1, 2005.

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ê2005 Statutes of Nevada, Page 1385ê

CHAPTER 368, SB 466

Senate Bill No. 466–Committee on Government Affairs

CHAPTER 368

AN ACT relating to water; requiring certain public bodies to make written determinations before selling or leasing for a certain period their water rights; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Notwithstanding any other provision of law, a public body shall not sell or lease for a term of more than 5 years a water right owned by the public body unless the public body, after holding at least one public hearing at which public comment was solicited, has issued written findings that:

(a) The sale or lease of the water right is consistent with the prudent, long-term management of the water resources within the jurisdiction of the public body;

(b) The sale or lease of the water right will not deprive residents and businesses within the jurisdiction of the public body of reasonable access to water resources for growth and development;

(d) The means by which the water right is sold or leased reasonably ensures that the public body will receive the actual value of the water right or comparable economic benefits.

2. As used in this section, “public body” means the State or a county, city, town, school district or any public agency of this State or its political subdivisions. The term does not include a water district organized pursuant to a special act of the Legislature or a water authority organized as a political subdivision created by a cooperative agreement.

Sec. 2. This act becomes effective upon passage and approval.

________

CHAPTER 369, SB 110

Senate Bill No. 110–Committee on Finance

CHAPTER 369

AN ACT relating to airports; changing the name of the Airport Authority of Washoe County to the Reno-Tahoe Airport Authority; exempting certain contracts entered into by the Board of Trustees of the Authority from provisions requiring public bidding and certain other requirements under certain circumstances; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

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ê2005 Statutes of Nevada, Page 1386 (CHAPTER 369, SB 110)ê

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The Airport Authority Act for Washoe County, being Chapter 474, Statutes of Nevada 1977, at page 968, is hereby amended by adding thereto a new section to be designated as section 9.5, immediately following section 9, to read as follows:

Sec. 9.5. 1. Except as otherwise determined by the Board or provided in subsection 2, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, acquisition, works or improvements, including, without limitation, the provisions of chapters 332, 338 and 339 of NRS, do not apply to any contract entered into by the Board if the Board:

(a) Complies with the provisions of subsection 3; and

(b) Finances the contract, project, acquisition, works or improvement by means of:

(1) Revenue bonds issued by the Authority; or

(2) An installment obligation of the Authority in a transaction in which:

(I) The Authority acquires real or personal property and another person acquires or retains a security interest in that or other property; and

(II) The obligation by its terms is extinguished by failure of the Board to appropriate money for the ensuing fiscal year for payment of the amounts then due.

2. A contract entered into by the Board pursuant to this section must:

(a) Contain a provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work performed pursuant to the contract; and

(b) If the contract is with a design professional who is not a member of a design-build team, comply with the provisions of NRS 338.155. As used in this paragraph, “design professional” has the meaning ascribed to it in subsection 7 of NRS 338.010.

3. For contracts entered into pursuant to this section that are exempt from the provisions of chapters 332, 338 and 339 of NRS pursuant to subsection 1, the Board shall adopt regulations pursuant to subsection 4 which establish:

(a) One or more competitive procurement processes for letting such a contract; and

(b) A method by which a bid on such a contract will be adjusted to give a 5 percent preference to a contractor who would qualify for a preference pursuant to NRS 338.147, if:

(1) The estimated cost of the contract exceeds $250,000; and

(2) Price is a factor in determining the successful bid on the contract.

4. The Board:

(a) Shall, before adopting, amending or repealing a permanent or temporary regulation pursuant to subsection 3, give at least 30 days’ notice of its intended action. The notice must:

(1) Include:

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ê2005 Statutes of Nevada, Page 1387 (CHAPTER 369, SB 110)ê

(I) A statement of the need for and purpose of the proposed regulation.

(II) Either the terms or substance of the proposed regulation or a description of the subjects and issues involved.

(III) The estimated cost to the Board for enforcement of the proposed regulation.

(IV) The time when, the place where and the manner in which interested persons may present their views regarding the proposed regulation.

(V) A statement indicating whether the regulation establishes a new fee or increases an existing fee.

(2) State each address at which the text of the proposed regulation may be inspected and copied.

(3) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Authority for that purpose.

(b) May adopt, if it has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this subsection, after providing a second notice and the opportunity for a hearing, a permanent regulation.

(c) Shall, in addition to distributing the notice to each recipient of the Board’s regulations, solicit comment generally from the public and from businesses to be affected by the proposed regulation.

(d) Shall, before conducting a workshop pursuant to paragraph (g), determine whether the proposed regulation is likely to impose a direct and significant economic burden upon a small business or directly restrict the formation, operation or expansion of a small business. If the Board determines that such an impact is likely to occur, the Board shall:

(1) Insofar as practicable, consult with owners and officers of small businesses that are likely to be affected by the proposed regulation.

(2) Consider methods to reduce the impact of the proposed regulation on small businesses.

(3) Prepare a small business impact statement and make copies of the statement available to the public at the workshop conducted pursuant to paragraph (g) and the public hearing held pursuant to paragraph (h).

(e) Shall ensure that a small business impact statement prepared pursuant to subparagraph (3) of paragraph (d) sets forth the following information:

(1) A description of the manner in which comment was solicited from affected small businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.

(2) The estimated economic effect of the proposed regulation on the small businesses which it is to regulate, including, without limitation:

(I) Both adverse and beneficial effects; and

(II) Both direct and indirect effects.

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ê2005 Statutes of Nevada, Page 1388 (CHAPTER 369, SB 110)ê

(3) A description of the methods that the Board considered to reduce the impact of the proposed regulation on small businesses and a statement regarding whether the Board actually used any of those methods.

(4) The estimated cost to the Board for enforcement of the proposed regulation.

(5) If the proposed regulation provides a new fee or increases an existing fee, the total annual amount the Board expects to collect and the manner in which the money will be used.

(f) Shall afford a reasonable opportunity for all interested persons to submit data, views or arguments upon the proposed regulation, orally or in writing.

(g) Shall, before holding a public hearing pursuant to paragraph (h), conduct at least one workshop to solicit comments from interested persons on the proposed regulation. Not less than 15 days before the workshop, the Board shall provide notice of the time and place set for the workshop:

(1) In writing to each person who has requested to be placed on a mailing list; and

(2) In any other manner reasonably calculated to provide such notice to the general public and any business that may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.

(h) Shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the Board may proceed immediately to act upon any written submissions. The Board shall consider fully all written and oral submissions respecting the proposed regulation.

(i) Shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to paragraph (h) in the manner provided in subsections 1 and 2 of NRS 241.035.

(j) May record each public hearing held pursuant to paragraph (h) and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035.

(k) Shall ensure that a small business which is aggrieved by a regulation adopted pursuant to this subsection may object to all or a part of the regulation by filing a petition with the Board within 90 days after the date on which the regulation was adopted. Such petition may be based on the following:

(1) The Board failed to prepare a small business impact statement as required pursuant to subparagraph (3) of paragraph (d); or

(2) The small business impact statement prepared by the Board did not consider or significantly underestimated the economic effect of the regulation on small businesses.

Ê After receiving a petition pursuant to this paragraph, the Board shall determine whether the petition has merit. If the Board determines that the petition has merit, the Board may, pursuant to this subsection, take action to amend the regulation to which the small business objected.

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ê2005 Statutes of Nevada, Page 1389 (CHAPTER 369, SB 110)ê

5. The determinations made by the Board pursuant to this section are conclusive unless it is shown that the Board acted with fraud or a gross abuse of discretion.

Sec. 2. The title of the Airport Authority Act for Washoe County, being Chapter 474, Statutes of Nevada 1977, at page 968, is hereby amended to read as follows:

AN ACT creating the Reno-Tahoe Airport Authority ; [of Washoe County;] making legislative findings and declarations; defining certain words and terms; providing for the appointment, number, terms, compensation, duties and powers of a board of trustees; specifying the powers of the Authority, including the power to levy and collect general (ad valorem) taxes, borrow money and issue securities to evidence such borrowing; requiring the transfer of airport properties, functions and outstanding obligations of the City of Reno to the Authority; providing penalties; and providing other matters properly relating thereto.

Sec. 3. Section 1 of the Airport Authority Act for Washoe County, being Chapter 474, Statutes of Nevada 1977, as amended by Chapter 668, Statutes of Nevada 1979, at page 1644, is hereby amended to read as follows:

Section 1. This act may be cited as the Reno-Tahoe Airport Authority Act . [for Washoe County.]

Sec. 4. Section 2 of the Airport Authority Act for Washoe County, being Chapter 474, Statutes of Nevada 1977, as amended by Chapter 668, Statutes of Nevada 1979, at page 1645, is hereby amended to read as follows:

Sec. 2. 1. The Legislature finds that:

(a) The airport of the City of Reno has traditionally been operated by the City as a municipal function and originally served primarily the city residents.

(b) With the development of multiple contiguous communities, suburban living and rapid increases in recreational pursuits by the traveling public, the airport of the City of Reno is now serving the inhabitants of a large geographical area and ever-increasing numbers of tourists.

(d) The financial problems of the airport have become more complex and administrative activities are required to be more responsive to the community at large and the directly paying airport tenants and users.

(e) The City of Reno is unable to operate the airport effectively within the traditional framework of local government, evidencing the need to create a special governmental corporation to provide specific facilities and services to the public.

(f) Development of the modern airport requires the expenditure of vast sums of money for land acquisitions and capital improvements not available to the City of Reno through the issuance of municipal securities secured by general obligation tax receipts.

(g) Because of special circumstances and conditions a general law cannot be made applicable, and this special act will allow the tax burden to spread over Washoe County rather than coming to rest solely upon the principal municipality of Washoe County.

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ê2005 Statutes of Nevada, Page 1390 (CHAPTER 369, SB 110)ê

burden to spread over Washoe County rather than coming to rest solely upon the principal municipality of Washoe County.

(h) This act will accommodate the expanding urban population patterns, provide adequate funding and establish the administrative machinery necessary to insure adequate air service to the region.

2. It is hereby declared as a matter of legislative determination that:

(a) The organization of the Reno-Tahoe Airport Authority [of Washoe County] having the purposes, powers, rights, privileges and immunities provided in this act will serve a public use and will promote the general welfare by facilitating safe and convenient air travel and transport to and from the Reno area.

(b) The acquisition, operation and financing of airports and related facilities by the Reno-Tahoe Airport Authority [of Washoe County] is for a public and governmental purpose and a matter of public necessity.

(c) The Reno-Tahoe Airport Authority [of Washoe County] is a body corporate and politic and a quasi-municipal corporation, the geographical boundaries of which are conterminous with the boundaries of Washoe County.

(d) For the accomplishment of the purposes stated in this subsection, the provisions of this act shall be broadly construed.

Sec. 5. Section 3 of the Airport Authority Act for Washoe County, being Chapter 474, Statutes of Nevada 1977, as amended by Chapter 668, Statutes of Nevada 1979, at page 1646, is hereby amended to read as follows:

Sec. 3. As used in this act the following words or phrases are defined as follows:

1. “Airport” means any one or more airports or heliports and related facilities, including but not limited to land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots and such other structures, facilities and improvements as are necessary or convenient to the development and maintenance of airports and heliports and for the promotion and accommodation of air and space travel, commerce and navigation.

2. “Authority” means the Reno-Tahoe Airport Authority [of Washoe County] created pursuant to the provisions of this act.

3. “Board of Trustees” and “Board” each means the Board of Trustees of the Authority.

4. “Carrier” means any person or corporation engaged in the air or space transportation of passengers or cargo.

5. “City of Reno” means the municipal corporation in Washoe County, Nevada, created and existing pursuant to the provisions of chapter 662, Statutes of Nevada 1971, as amended.

6. “City of Sparks” means the municipal corporation in Washoe County, Nevada, created and existing pursuant to the provisions of chapter 470, Statutes of Nevada 1975, as amended.

7. “Washoe County” means the county created by and described in NRS 243.340.

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ê2005 Statutes of Nevada, Page 1391 (CHAPTER 369, SB 110)ê

Sec. 6. Section 4 of the Airport Authority Act for Washoe County, being Chapter 474, Statutes of Nevada 1977, as last amended by Chapter 508, Statutes of Nevada 1985, at page 1554, is hereby amended to read as follows:

Sec. 4. 1. The Reno-Tahoe Airport Authority [of Washoe County] is hereby created.

2. The property and revenues of the Authority, any interest of any creditor therein, and any possessory interest in or right to use that property which the Authority may grant, are exempt from all state, county and municipal taxation.

Sec. 7. Section 9 of the Airport Authority Act for Washoe County, being Chapter 474, Statutes of Nevada 1977, as last amended by Chapter 374, Statutes of Nevada 2001, at page 1828, is hereby amended to read as follows:

Sec. 9. 1. Except as otherwise provided in subsection 2 [,] and section 9.5 of this act, the Board shall comply with the provisions of the Local Government Purchasing Act and the Local Government Budget and Finance Act.

2. Except as otherwise provided in section 10.2 of this act, any concession agreement entered into by the Authority in conformity with the provisions of that section need not conform to the requirements of the Local Government Purchasing Act.

Sec. 8. Any reference to the Airport Authority of Washoe County in any written agreement, contract, record or official document created before July 1, 2005, shall be deemed to be a reference to the Reno-Tahoe Airport Authority, and any such agreement, contract, record or official document remains valid and enforceable.

Sec. 9. The Legislative Counsel shall:

1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

Sec. 10. This act becomes effective on July 1, 2005.

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CHAPTER 370, SB 67

Senate Bill No. 67–Committee on Government Affairs

CHAPTER 370

AN ACT relating to local financial administration; allowing the governing body of a local government to invoke certain provisions of Nevada law relating to severe financial emergency under certain circumstances involving litigation or threatened litigation; staying certain actions by a creditor to attach, garnish or execute upon the assets of a local government whose management has been taken over by the Department of Taxation until such time as a program has been formulated to liquidate the debt owed by the local government to the creditor; and providing other matters properly relating thereto.

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ê2005 Statutes of Nevada, Page 1392 (CHAPTER 370, SB 67)ê

formulated to liquidate the debt owed by the local government to the creditor; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. If the governing body of a local government determines by the affirmative vote of a majority of its members that, because the local government is involved in litigation or threatened litigation, the local government is or will be in a severe financial emergency, the governing body may submit a request to the Nevada Tax Commission for an order that the Department, as soon as practicable, take over the management of the local government pursuant to the provisions of NRS 354.655 to 354.725, inclusive, and this section and section 3 of this act.

2. If the Nevada Tax Commission receives a request pursuant to subsection 1, the Nevada Tax Commission shall order the Department to take over the management of the local government.

Sec. 3. If the Department takes over the management of a local government because the local government is involved in litigation or threatened litigation and if a creditor of the local government is allowed by law to commence or maintain an action in the nature of an attachment, garnishment or execution in the courts of this State against the local government or its assets, the action must be stayed until the following conditions have been satisfied:

1. The creditor must meet with the Department to formulate a program for the liquidation of the debt owed by the local government to that creditor; and

2. The Department must adopt a program for the liquidation of the debt owed by the local government to the creditor as described in paragraph (a). The Department shall formulate the program not later than 60 days after meeting with the creditor pursuant to paragraph (a). The formulation of the program is a final decision for the purposes of judicial review.

Sec. 4. NRS 354.655 is hereby amended to read as follows:

354.655 As used in NRS 354.655 to 354.725, inclusive, and sections 2 and 3 of this act, unless the context requires otherwise:

1. “Committee” means the Committee on Local Government Finance.

2. “Department” means the Department of Taxation.

3. “Executive Director” means the Executive Director of the Department of Taxation.

4. “Local government” means any local government subject to the provisions of the Local Government Budget and Finance Act.

5. The words and terms defined in the Local Government Budget and Finance Act have the meanings ascribed to them in that act.

Sec. 5. NRS 354.657 is hereby amended to read as follows:

354.657 1. The purpose of NRS 354.655 to 354.725, inclusive, and sections 2 and 3 of this act, is to provide specific methods for the treatment of delinquent documents, technical financial assistance and severe financial emergency.

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ê2005 Statutes of Nevada, Page 1393 (CHAPTER 370, SB 67)ê

of delinquent documents, technical financial assistance and severe financial emergency.

2. To accomplish the purpose set forth in subsection 1, the provisions of NRS 354.655 to 354.725, inclusive, and sections 2 and 3 of this act, must be broadly and liberally construed.

Sec. 6. NRS 354.695 is hereby amended to read as follows:

354.695 1. As soon as practicable after taking over the management of a local government, the Department shall, with the approval of the Committee:

(a) Establish and implement a management policy and a financing plan for the local government;

(b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;

(c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;

(d) Establish an accounting system and separate accounts in a bank or credit union, if necessary, to receive and expend all money and assets of the local government;

(e) Impose such hiring restrictions as deemed necessary after considering the recommendations of the financial manager;

(f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the Department deems necessary;

(g) Negotiate and approve all collective bargaining contracts to be entered into by the local government, except issues submitted to a fact finder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;

(h) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;

(i) Employ such technicians as are necessary for the improvement of the financial condition of the local government;

(j) Meet with the creditors of the local government and formulate a debt liquidation program;

(k) If the Department has taken over the management of a local government because the local government is involved in litigation or threatened litigation, carry out the duties set forth in section 3 of this act, if the provisions of that section are applicable;

(l) Approve the issuance of bonds or other forms of indebtedness by the local government;

[(l)] (m) Discharge any of the outstanding debts and obligations of the local government; and

[(m)] (n) Take any other actions necessary to ensure that the local government provides the basic services for which it was created in the most economical and efficient manner possible.

2. The Department may provide for reimbursement from the local government for the expenses the Department incurs in managing the local government. If such reimbursement is not possible, the Department may request an allocation by the Interim Finance Committee from the Contingency Fund pursuant to NRS 353.266, 353.268 and 353.269.

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ê2005 Statutes of Nevada, Page 1394 (CHAPTER 370, SB 67)ê

3. The governing body of a local government which is being managed by the Department pursuant to this section may make recommendations to the Department or the financial manager concerning the management of the local government.

4. Each state agency, board, department, commission, committee or other entity of the State shall provide such technical assistance concerning the management of the local government as is requested by the Department.

5. The Department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection 1.

6. Except as otherwise provided in NRS 354.723 and 450.760, once the Department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to NRS 354.725.

Sec. 7. NRS 31.010 is hereby amended to read as follows:

31.010 [The]

1. Except as otherwise provided in subsection 2, the plaintiff at the time of issuing the summons, or at any time thereafter, may apply to the court for an order directing the clerk to issue a writ of attachment and thereby cause the property of the defendant to be attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment as provided in this chapter.

2. If the Department of Taxation has taken over the management of a local government pursuant to the provisions of section 2 of this act, and if a plaintiff is allowed by law to apply to a court for an order directing the clerk to issue a writ of attachment, the plaintiff must comply with the applicable provisions of section 3 of this act before applying for such an order.

Sec. 8. NRS 41.075 is hereby amended to read as follows:

41.075 No cause of action may be brought against the Committee on Local Government Finance created pursuant to NRS 354.105, or any of its members, which is based upon:

1. Any act or omission in the execution of, or otherwise in conjunction with, the execution of NRS 354.655 to 354.725, inclusive, and sections 2 and 3 of this act, or any policy or plan adopted pursuant thereto, whether or not such statute, policy or plan is valid, if the statute, policy or plan has not been declared invalid by a court of competent jurisdiction; or

2. The exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the Committee on Local Government Finance or member thereof, whether or not the discretion involved is abused.

Sec. 9. This act becomes effective upon passage and approval.

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CHAPTER 371, SB 170

Senate Bill No. 170–Senator McGinness

CHAPTER 371

AN ACT relating to local governmental finances; authorizing certain smaller counties to impose an additional local sales and use tax for certain purposes under certain circumstances; and providing other matters properly relating thereto.

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ê2005 Statutes of Nevada, Page 1395 (CHAPTER 371, SB 170)ê

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 377A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 11, inclusive, of this act.

Sec. 1.5. 1. “Agriculture” means the current use of real property as a business venture for profit, which business venture produced a minimum gross income of $5,000 during the immediately preceding calendar year from the following pursuits:

(a) Raising, harvesting and selling crops, fruit, flowers, timber or other products of the soil;

(b) Feeding, breeding, management and sale of livestock, poultry or the produce thereof;

(c) Operating a feed lot consisting of at least 50 head of cattle or an equivalent number of animal units of sheep or hogs, for the production of food;

(d) Raising furbearing animals or bees; or

(e) Dairying and the sale of dairy products.

Ê The term includes every process and step necessary and incident to the preparation and storage of the products raised on such property for human or animal consumption or for marketing except actual market locations.

2. As used in this section, “current use” of real property for agricultural purposes includes:

(a) Land lying fallow for 1 year as a normal and regular requirement of good agricultural husbandry;

(b) Land planted in orchards or other perennials prior to maturity; and

(c) Land leased or otherwise made available for use by an agricultural association formed pursuant to chapter 547 of NRS.

Sec. 2. “Facility for senior citizens” means real and personal property and improvements to real property that are designed to meet the recreational, cultural, leisure or nutritional needs of senior citizens, or any combination thereof, and all appurtenances or customary facilities and uses associated therewith.

Sec. 3. “Library” means:

1. A county library established, operated and maintained by the county pursuant to NRS 379.010; and

2. A district library established, operated and maintained by the county pursuant to NRS 379.021.

Sec. 4. “Park” means real property and any improvements made thereon that are designed to serve the cultural, leisure, recreational and outdoor needs of natural persons. The term does not include a golf course, a driving range used to practice the sport of golf or any similar facility related to the sport of golf.

Sec. 5. “Recreational facility” means real and personal property and improvements to real property for athletic, cultural and leisure activities and all appurtenances or customary facilities and uses associated therewith. The term does not include a golf course, a driving range used to practice the sport of golf or any similar facility related to the sport of golf.

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ê2005 Statutes of Nevada, Page 1396 (CHAPTER 371, SB 170)ê

Sec. 6. “Recreational program” means a program that is designed to provide athletic, cultural or leisure activities to members of the general public.

Sec. 7. “Senior citizen” means a person who:

1. Is 65 years of age or older; or

2. Has a physical or mental limitation that restricts his ability to provide for his recreational, cultural, leisure or nutritional needs.

Sec. 8. “Services for senior citizens” means services that are designed to meet the recreational, cultural, leisure or nutritional needs of senior citizens.

Sec. 9. 1. In any county in which a tax has been imposed pursuant to paragraph (d) of subsection 1 of NRS 377A.020, the county treasurer shall deposit the money that is attributable to the imposition of the tax and which is received from the State Controller pursuant to NRS 377A.050 for credit to a fund to be known as the support fund for agriculture, libraries, parks, recreation and senior citizens.

2. The support fund for agriculture, libraries, parks, recreation and senior citizens must be accounted for as a separate fund and not as a part of any other fund.

Sec. 10. 1. Except as otherwise provided in this subsection, money to acquire, develop, construct, equip, operate, maintain, improve and manage libraries, parks, recreational programs and facilities, and facilities and services for senior citizens, and to preserve and protect agriculture, or for any combination of those purposes may be obtained, as the board may determine:

(a) By the issuance of bonds and other securities as provided in subsection 2, subject to any pledges, liens and other contractual limitations made pursuant to this chapter;

(b) By direct distribution from the support fund for agriculture, libraries, parks, recreation and senior citizens; or

Ê Money to acquire, develop, construct, equip, operate, maintain, improve and manage recreational programs must not be obtained by the issuance of bonds.

2. The board may, after the enactment of an ordinance authorized by paragraph (d) of subsection 1 of NRS 377A.020, from time to time issue bonds and other securities, which are general or special obligations of the county and which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the tax imposed by that ordinance.

3. The ordinance authorizing the issuance of any bond or other security must describe the purpose for which it is issued.

Sec. 11. The board shall not repeal or amend or otherwise directly or indirectly modify an ordinance enacted pursuant to paragraph (d) of subsection 1 of NRS 377A.020 in such a manner as to impair an outstanding bond issued pursuant to this chapter, or other obligations incurred pursuant to this chapter, until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter have been discharged in full or provision for full payment and redemption has been made.

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ê2005 Statutes of Nevada, Page 1397 (CHAPTER 371, SB 170)ê

Sec. 12. NRS 377A.010 is hereby amended to read as follows:

377A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 377A.012, 377A.014 and 377A.016 and sections 1.5 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 13. NRS 377A.020 is hereby amended to read as follows:

377A.020 1. The board of county commissioners of:

(a) Any county may enact an ordinance imposing a tax for a public transit system, for the construction, maintenance and repair of public roads, for the improvement of air quality or for any combination of those purposes pursuant to NRS 377A.030.

(b) Any county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.

(c) Any county whose population is less than 15,000 may enact an ordinance imposing a tax to support the operation and maintenance of a county swimming pool pursuant to NRS 377A.030.

(d) Any county whose population is less than 100,000 may enact an ordinance imposing a tax to acquire, develop, construct, equip, operate, maintain, improve and manage libraries, parks, recreational programs and facilities, and facilities and services for senior citizens, and to preserve and protect agriculture, or for any combination of those purposes pursuant to NRS 377A.030. The duration of the levy of a tax imposed pursuant to this paragraph must not exceed 30 years.

2. An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general election. A county may combine [the questions for a public transit system, for the construction, maintenance and repair of public roads and for the improvement of air quality] a question concerning the imposition of a tax described in subsection 1 with questions submitted pursuant to NRS 244.3351, 278.710 or 371.045, or any combination thereof. The board shall also submit to the voters at a general election any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax.

3. Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.

Sec. 14. NRS 377A.020 is hereby amended to read as follows:

377A.020 1. The board of county commissioners of:

(b) Any county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.

(c) Any county whose population is less than 15,000 may enact an ordinance imposing a tax to support the operation and maintenance of a county swimming pool pursuant to NRS 377A.030.

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ê2005 Statutes of Nevada, Page 1398 (CHAPTER 371, SB 170)ê

facilities, and facilities and services for senior citizens, and to preserve and protect agriculture, or for any combination of those purposes pursuant to NRS 377A.030. The duration of the levy of a tax imposed pursuant to this paragraph must not exceed 30 years.

3. Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must be the first day of the first calendar quarter that begins at least 120 days after the approval of the question by the voters.

Sec. 15. NRS 377A.030 is hereby amended to read as follows:

377A.030 Except as otherwise provided in NRS 377A.110, any ordinance enacted under this chapter must include provisions in substance as follows:

1. A provision imposing a tax upon retailers at the rate of not more than:

(a) For a tax to promote tourism, one-quarter of 1 percent;

(b) For a tax to establish and maintain a public transit system, for the construction, maintenance and repair of public roads, for the improvement of air quality or for any combination of those purposes, one-half of 1 percent; [or]

(d) For a tax to acquire, develop, construct, equip, operate, maintain, improve and manage libraries, parks, recreational programs and facilities, and facilities and services for senior citizens, and to preserve and protect agriculture, or for any combination of those purposes, one-quarter of 1 percent,

Ê of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.

2. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

3. A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the ordinance.

4. A provision that the county shall contract before the effective date of the ordinance with the Department to perform all functions incident to the administration or operation of the tax in the county.

5. A provision that exempts from the tax or any increase in the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.

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